2009-238sAour documents\ordinances\09\pard cemetery ordinance chapter 25 provisions.doc
ORDINANCE NO. 2009- X09
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 25 OF THE
CODE OF ORDINANCES BY AMENDING SECTION 25-158 TO ADD THE CITY OF
DENTON PARKS AND RECREATION DEPARTMENT AS SELLER; AMENDING
SECTION 25-159 TO ADD PAYMENTS TO BE MADE PRIOR TO INTERMENT;
AMENDING SECTION 25-160 TO ADD A LATE FEE FOR FAILING TO OBTAIN A
PERMIT PRIOR TO BURIAL AND TO SPECIFY ON PERMIT LOCATION OF GRAVE
SITE; AMENDING SECTION 25-161 TO ADD A LATE FEE FOR FAILING TO OBTAIN A
PERMIT BEFORE ERECTING MONUMENTS OR TOMBSTONES OR PERFORMING
CONCRETE WORK IN THE CITY CEMETERIES; AMENDING SECTION 25-164 TO
CLARIFY MONUMENT SPECIFICATION, ADD AUTHORITY TO INSPECT AND
REMOVE MONUMENTS NOT IN COMPLIANCE AND REQUIRE THE PLACEMENT OF
TEMPORARY GRAVE MARKERS PRIOR TO MONUMENT PLACING; AMENDING
SECTION 25-165 TO CLARIFY DIRECTION OF LETTERING ON MONUMENTS;
AMENDING SECTION 25-166 TO CLARIFY DIRECTION OF LETTERING ON
MONUMENTS; AMENDING SECTION 25-168 TO REQUIRE REMOVAL OF
ARRANGEMENTS WITHIN 72 HOURS OF PLACEMENT, AUTHORITY TO REMOVE
WILTED OR UNSIGHTLY FLOWERS, TO REQUIRE FLOWERS TO BE AFFIXED TO
MOUNTED CONTAINERS, TO SPECIFY APPROVED CONTAINERS AND TO PROVIDE
AUTHORITY TO REMOVE MEMORABILIA NOT PLACED IN AFFIXED CONTAINERS;
AMENDING SECTION 25-171 TITLED REMOVING FLOWERS TO ADD REMOVAL OF
FLOWERS FOR CEMETERY DEVELOPMENT OR MAINTENANCE; PROVIDING FOR A
SEVERABILITY CLAUSE; AMENDING SECTION 25-172 TO CHANGE THE TITLE
FROM CITY HEALTH OFFICER TO COUNTY MEDICAL DIRECTOR; PROVIDING FOR
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-158(b) to read as
follows:
Sec. 25-158. Platting and sale of lots or blocks.
(b) Sale of lots or blocks. Such lots and blocks shall be sold for cash by the City of Denton Parks
and Recreation Department at process established by the City Council and on file in the office of
the city secretary.
SECTION 2. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-159 to read as follows:
Sec. 25-159. Payment for lots or blocks required prior to interment.
No interment in the cemetery shall be made on any lot or block unless the payments have been
made prior to the Parks and Recreation Director. (Code 1966 § 6-3)
SAOur Documents\Ordinances\09\PARD Cemetery Ordinance Chapter 25 provisions.doc
SECTION 3. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-160 (a and b) to read
as follows:
Sec. 25-160. Interments.
(a) Permits. An application for burial must be filed with the Director of Parks and Recreation
and a special permit in writing shall be obtained for all interments. A fee established by the city
council and on file in the office of the city secretary shall be paid for each permit issued under
the terms of this section. Any permit obtained after the burial shall be assessed a late fee as
established by the city council and on file in the office of the city secretary.
(b) Location of site. When an interment is to be made, the owner of the lot or his agent shall
locate the site of the grave (by Block, Section and Grave at Oakwood, or Division, Block, Grave
at IOOF) on the plat book in the office of the Parks and Recreation department at 321 E.
McKinney Street, and the city shall not be responsible for errors in location.
SECTION 4. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-161(a and b) to read as
follows:
Sec. 25-161. Concrete work.
(a) Permit required. Prior to performing any work, a person desiring to erect monuments or
tombstones or perform concrete work in the city cemeteries shall first obtain a written permit
from the Director of Parks and Recreation, and shall meet with an agent of the city to locate the
gravesite where the stone is being constructed. The person performing the work must comply
with all rules, specifications and requirements of the city in regard to such cemeteries.
(b) Fee. A fee as established by the city council and on file in the office of the city secretary
shall be paid for each permit issued under the terms of this section. Any permit obtained after
the monument or tombstone has been erected or the concrete work has been done shall be
assessed a late fee as established by the city council and on file in the office of the city secretary.
SECTION 5. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-164 to include (a-e) to
read as follows:
Sec. 25-164. Monuments, markers and tombstones.
(a) Authority to inspect. The city shall have the right to inspect all memorials before the same
are placed on the foundations thereof, and may refuse the placing of any memorial on such
foundation if the agent of the City of Denton finds that such memorial is not in compliance with
any of the provisions of this section or that the workmanship has not been done in a skillful,
workmanlike manner.
(b) Responsibility. Dealers or contractors who erect, install, construct or deliver memorials
within the cemetery shall be responsible for the compliance with the provisions of this section
and specifications.
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(c) Authority to require removal and/or replacement. The city shall have the authority to
require removal and replacement of any memorial which is erected, installed, damaged or
constructed in a manner that is not in compliance with any of the provisions of this section or
that the workmanship has not been done in a skillful, workmanlike manner.
(d) Temporary grave marker. At the time of interment a temporary grave marker must be
placed. The marker should include the name, date of birth and date of death of the deceased, and
the name of the funeral home. Within one year of interment the temporary marker must be
replaced with a permanent monument in compliance with all the provisions of this section.
(e) Specifications. All monuments and tombstones shall be set in concrete on a four-inch-thick
concrete foundation which shall extend three (3) inches beyond all sides of grave markers.
(Code 1966, § 6-7(c)).
i. Monuments can be upright - 1 marker per grave not to exceed 42 inches in width
for a single lot and not to exceed 90 inches in width for a double lot.
ii. All monuments and markers at the head of a space shall consist of granite or
marble except in those instances when existing monuments on spaces are being
matched or duplicated. All markers must be centered on the end of the gravesite
and in line with existing markers.
iii. No foot markers allowed except for veteran markers.
SECTION 6. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-165 to read as follows:
Sec. 25-165. Lettering on monuments in Oakwood Cemetery.
All lettering on tombstones or monuments in the Oakwood Cemetery shall be on the east side of
such monuments or tombstones in spaces one (1) through five (5) in any block and shall be on
the west sides of such monuments or tombstones in spaces six (6) through ten (10) in any block.
(Code 1966, § 6-7(d))
SECTION 7. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-166 to read as follows:
Sec. 25-166. Lettering on monuments in I.O.O.F. Cemetery.
All lettering on tombstones or monuments in the I.O.O.F. Cemetery shall be on the east side of
such monuments in spaces one (1) through five (5) in any block and shall be on the west sides of
such monuments or tombstones in spaces six (6) through ten (10) in any block. (Code 1966, § 6-
7(e))
SECTION 8. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-168 to include (a-e) to
read as follows:
Sec. 25-168. Placement of objects in cemetery, including floral designs and greenery.
(a) General. No object of any kind may be placed on graves or other cemetery property, except
as specifically provided herein.
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(b) Fresh flowers. Fresh flowers, floral pieces or funeral designs placed at gravesite at interment
will be removed when they become wilted or unsightly at the discretion of Parks staff. Items
desired to be retained must be removed within seventy-two (72) hours after placement on the lot
or grave.
(c) Containers. Up to two (2) individual containers of fresh or artificial flowers may be placed
or affixed on each space, provided that the affixed flowers are only placed in containers
approved by the city consisting of granite, marble, concrete, metal or heavy plastic.
i.) Fresh or artificial flowers placed directly in the ground will be removed by Parks
Staff.
ii.) All flowers and other memorabilia must be placed in the affixed containers, on or
immediately next to the monument on its concrete base, or if there is no monument
at the head of the grave not to exceed 1 square foot. Fresh flowers will be removed
when they become wilted or unsightly.
(d) Special arrangements. No wreathes, easels, grave blankets, or other special arrangements
shall be permitted on graves except during interment and the first seven (7) days thereafter.
(e) Planting. No person shall plant any trees, flowers or shrubs on any lot without the written
consent of the Director of Parks and Recreation. (Code 1966, § 6-7(g))
SECTION 9. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-171 to read as follows:
Sec. 25-171. Removing flowers.
It is unlawful for any person other than the owner to remove flowers or plants from any lot or
block in the city cemeteries; provided, however, the Director of Parks and Recreation may
remove or destroy any flowers, trees, shrubs or other plants in the cemeteries if, in his judgment,
such are or may become detrimental to the adjacent lots or avenues or dangerous or inconvenient
or which may interfere with the scheme of the cemetery development or maintenance.
(Code 1966, § 6-8)
SECTION 10. Chapter 25 "Streets, Sidewalks, and Public Places" of the Code of
Ordinances of Denton, Texas is hereby amended by amending Section 25-172 to read as follows:
Sec. 25-172. Opening of graves.
No grave, vault or tomb of any person buried in any city cemetery shall be opened, except upon
special written order from the County Medical Director. (Code 1966, § 6-8)
SECTION 11. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 12. Save and except as amended hereby, all the provisions, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
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SECTION 13. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision of this ordinance is violated shall constitute a separate offense.
SECTION 14. This ordinance providing for a penalty shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is hereby directed to cause the
caption of this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2009.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: 17 e Z-t - k-z
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