HEALTH, SANITATION, AND PUBLIC WELFARE
The city manager shall see that all provisions of this Code regarding to the sanitary condition of the city are strictly complied with, and shall promptly report to the mayor any violations thereof. He shall make monthly reports to the city council at its regular meeting of the sanitary condition of the city, and shall suggest in such reports the work necessary to be done with respect thereto.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
No owner or occupant of lots or cellars shall fail to refuse, after reasonable notice to him or his agent, to drain such lots or cellars or fill them to the level of the streets and alleys upon which they are located.
(b)
If the owner or occupant shall so fail or refuse, the council shall have such work performed and the amount so expended shall be a lien against the lots or cellars, to be enforced in like manner as liens for the construction of sidewalks.
(Ord. No. 87-0-8, § 1, 6-9-87)
No owner or occupant of any lot shall suffer to remain on his lot any decaying flesh or vegetable matter or any other thing which may prove to be an annoyance to his neighbors or tend to affect the health of the neighborhood, and shall, upon notification, remove the same within six (6) hours or as soon as can be conveniently done.
(Ord. No. 87-0-8, § 1, 6-9-87)
No person shall discharge upon any street or alley, on his own lot, or on the lot of another any foul water or other fluid substance, or throw thereon any decaying flesh or vegetables or other offensive matter calculated to annoy the citizens or endanger their health.
(Ord. No. 87-0-8, § 1, 6-9-87)
All unimproved parcels within the city shall remain free and clear of debris, trash, garbage and other similar items such that the parcels do not become a public or private nuisance. All prior landscaped or mowed lots or unimproved parcels in the city shall be kept free from the overgrowth of weeds and vegetation which exceed a height of twelve (12) inches. Upon written notice, in accordance with section 14-51, to the property owner requesting compliance with this section and the owner's failure to remedy the non-compliance within seven (7) days of receipt of the notice, the city may, after re-inspection in accordance with subsection 14-51(d), mow weeds and vegetation to bring the parcel into compliance with this section. A fee will be charged to the owner by the city for any mowing/maintaining of a parcel, such will be the actual cost for performing this service.
(Ord. No. 96-0-20, § 1, 12-2-96; Ord. No. 18-O-16, § 3, 11-13-18)
(a)
Emergency watering restrictions. Due to the noted extreme water shortage being experienced in the City of Crystal River, Citrus County and surrounding areas, the following watering restrictions shall be implemented by resolution of the Crystal River City Council. The provision of this section shall be enforced as required until by like resolution the Crystal River City Council declares a water shortage no longer exists.
(1)
Established lawns and landscaping.
a.
Irrigation of established lawns from any source of water (well, open-water body or central water system) shall be prohibited between the hours of 9:00 a.m. and 5:00 p.m.
b.
Irrigation of established landscaping by non-low volume methods shall be prohibited between the hours of 9:00 a.m. and 5:00 p.m.
c.
Irrigation of established lawns and landscaping between the hours of 12:01 a.m. to 9:00 a.m. and 5:00 p.m. to 11:59 p.m., as established in a. and b. above, shall be further restricted as follows:
1.
Addresses ending in even numbers may water on Tuesdays and Fridays only;
2.
Addresses ending in odd numbers may water on Tuesdays and Fridays only.
d.
Irrigation for purposes of watering-in of insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall not be restricted; such watering-in shall be limited to the minimum necessary and should be accomplished during the day and hours allowed for normal irrigation.
e.
The operation of irrigation systems for cleaning and maintenance purposes shall not be restricted, except to be limited to the minimum necessary to maintain efficient operation of the system. Each irrigation zone may be tested a maximum of once per week.
f.
This section shall not apply to any permitted water re-use system.
(2)
New lawns and landscaping.
a.
Irrigation of new lawns and landscaping shall be restricted to the first sixty (60) days with irrigation limited to 5:00 p.m. to 9:00 a.m., and limited to the minimum amount required for the establishment of the lawn and landscaping.
b.
Low volume irrigation of new landscaping (excluding lawns) shall be not restricted.
c.
Low volume hand watering of new landscaping (excluding lawns) shall not be restricted.
(3)
Vehicle washing. Washing vehicles (cars, trucks, boats, rv's, etc.) using hoses with shut-off nozzles is allowed. Washing walkways and driveways is prohibited, except for health and safety reasons.
(4)
Penalties. Any violation of this provision of the section shall be as follows:
(b)
Purpose, intent and implementation. Furthermore, this section is adopted with the intent to limit fire hazards in the city during periods and conditions of drought. The provisions of this article shall be implemented by resolution of the city council declaring a drought emergency. The provisions of this section shall be enforced as required until by like resolution the city council declares a drought emergency no longer exists.
(c)
Prohibition. It is unlawful for any person to set fire to or cause fire to be set to any forest, grassland, wild lands, marshes, vegetation, or land in an urban or rural area including agriculture, Silvaculture, and pile burning or to build a campfire, bonfire, burn yard trash, household garbage, refuse, or other debris within the incorporated limits of the city unless authorization is obtained from the department of agriculture, division of forestry.
(d)
Other prohibitions. Besides the prohibition on open burning specified in subsection (c), no person or entity may discharge, or cause to be discharged, any fireworks as defined in Chapter 791 of the Florida Statutes, as it may be amended from time-to-time, or any other incendiary or other device that may cause, or have a tendency to cause, wildfires as defined in Section 590.015, Florida Statutes.
(e)
Penalties. Any violation by any person of any requirement or provision of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, any person violating any requirement or provision of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Ord. No. 01-0-05, §§ 1—5, 2-12-2001; Ord. No. 01-0-22, §§ 1—5, 12-10-2001)
The lands described as follows are declared to be the public cemeteries of the City of Crystal River, Florida:
Lots 45 through 52 Bayview Homes Company Addition to Crystal River, Section 21, Township 18 South, Range 17 East, and; commence at the NE corner of the SW¼ of the SE¼ of Section 34, Township 18 South, Range 17 East, thence South 0° 43′ 15″ West along the east line of said SW¼ of the SE¼ a distance of 0.88 feet to the point of beginning, said point being on the southerly right-of-way line of a county road, thence continue South 0° 43′ 15″ West along said east line of the SW¼ of the SE¼ a distance of 300 feet, thence North 89° 16′ 45″ West 300 feet, thence North 0° 43′ 15″ East parallel to the said east line of the SW¼ of the SE¼ a distance of 419.50 feet to a point on aforementioned southerly right-of-way line of a county road, said point being on a curve, concave southerly, having a central angle of 45° 24′ 30″ and a radius of 215 feet, thence along the arc of said curve a distance of 85.71 feet to a point, (the chord bearing and distance between said points being South 75° 59′ 25″ East 85.14 feet) thence South 64° 34′ 10″ East along aforementioned southerly right-of-way line a distance of 239.02 feet to the point of beginning; and situate and being in Section 34, Township 18 South, Range 17 East, Citrus County, Florida, and being further described as follows: Beginning at a point found by measuring from the NE corner of the SW¼ of the SE¼ of said Section 34, Township 18 South, Range 17 East, South 0° 43′ 15″ West along the est line of said ¼ of ¼ section, 300.88 feet to the above mentioned beginning point; thence North 89° 16′ 45″ West 300 feet thence N 0° 43′ 15″ East, 419.50 feet to the southerly right-of-way line of a county road, thence along said road right-of-way line and on a curve concave southerly with a radius of 215.0 feet, a chord bearing of South 81° 18′ 37″ West, a chord distance of 84.13 feet; thence South 70° 1′ 20″ West, 658.45 feet; thence leaving said road South 0° 43′ 15″ West, 431.40 feet to the North right-of-way of SCL Railroad spur line; thence along said railroad right-of-way line, South 86° 18′ 7″ East, 699.89 feet; thence South 88° 18′ 35″ East, 300.03 feet; thence leaving said railroad right-of-way line North 0° 43′ 15″ East, 298.27 feet to the aforementioned beginning point containing 11.3581 acres.
(Ord. No. 87-0-8, § 1, 6-9-87)
Any land hereafter acquired by the city for cemetery purposes and constituted a cemetery and all burials therein shall be subject to all the provisions of this chapter insofar as the same are applicable thereof.
(Ord. No. 87-0-8, § 1, 6-9-87)
The exclusive use of the cemetery is for the burial of human remains and shall only be used for cemetery purposes.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
No interment shall be made in the city cemetery, or body removed therefrom, except by authority of written permit or certificate obtained from the proper state registrar of vital statistics, or such other person as may be authorized by law to issue such permit. Before interment of any dead body, the city manager, or his designee, must be given twenty-four (24) hours' advance notice of the burial and shall be furnished proper evidence of issuance of a certificate from the proper state registrar of vital statistics. All funeral homes in the county shall be provided an emergency contact telephone number. The city manager, or his designee, must be presented with evidence of ownership of the burial right in the cemetery before interment will be permitted.
(b)
A person or persons to whom consent has been given shall be bound by all city cemetery rules and regulations and all applicable ordinances. Funeral directors making arrangements for interments shall be responsible for the payment of all interment charges. The city manager, or his designee, shall have the authority to revoke interment consent upon a finding of no lawful burial or interment right. The city shall have the exclusive right and responsibility for the sale of all cemetery space and lots (except as outlined in section 10-15 below).
(c)
A map or plat of the survey of the cemetery, which shall set forth each individual lot or plot in the entire cemetery, shall be maintained in city hall. The city manager, or his designee, shall indicate on said map or plat which lots or plots have been sold. A record book or file shall contain a record of all lots or plots sold, with the names of the grantees to whom the same are conveyed, and of all burial certificates issued permitting the use of said lots or plots within the cemetery.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
Cemetery plot prices shall be established and adjusted by resolution of city council. In order to provide funds for the costs of maintaining cemetery grounds and furnishing cemetery services, prices will be adjusted periodically, based on review and analysis of local market rates.
(b)
The burial rights within burial spaces and lots shall be conveyed only upon the proper execution of a deed of conveyance for a cemetery lot. Deed of conveyance shall be defined as any assignment, transfer, or sale of any right to burial spaces, subject to this article.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 96-0-14, § 1, 10-28-96; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
For purposes of this article, "owner" shall be defined as any person, firm, or corporation who has purchased interment rights in a lot, part of a lot, or a grave space in the cemetery, or their heirs, personal representatives, or successors.
(b)
The sale or transfer of any burial space or lot by any owner shall not be binding upon the city unless the same shall first be duly approved in writing by the city manager or his designee, and then such burial space(s) or lot must be reconveyed to the city. The city shall then issue a deed of conveyance for a burial space or cemetery lot to the new owner. This procedure is required in order that the city may have a complete and accurate record of all owners. A permit for this procedure will be required.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 04-0-24, § 1, 12-13-2004)
The first fifty (50) percent of the proceeds realized from the sale of each burial space and cemetery lot shall be reserved, separated and segregated from the remainder and deposited in a special fund to be known as the Crystal River Cemeteries Perpetual Care Fund. Such fund shall be maintained, invested at the best possible interest rate in keeping with municipal investments generally. The interest earned or income derived from the investments shall be transferred, from time to time, to the maintenance fund to be used for the upkeep, maintenance and improvement of the Crystal River Cemeteries. The remaining fifty (50) percent of the proceeds realized from the sale of each burial space or cemetery lot shall be deposited into the Crystal River Cemeteries Maintenance Fund. Such fund shall be used for the upkeep and maintenance of the cemetery. From time to time, at the discretion of the city council, surplus funds in the maintenance fund may be transferred to other operating funds of the city.
(Ord. No. 87-0-8, § 1, 6-9-87)
All city lands presently dedicated to or hereafter acquired for cemetery purposes are and shall be in the charge, care and management of the city council, and shall be subject to such rules and regulations relating to the management of such cemeteries as shall be made by the city council.
(Ord. No. 87-0-8, § 1, 6-9-87)
To secure the recognition of graves and prevent mistakes, upon interment, each grave shall be marked by placing at the head thereof a stake or other marker inscribed with the name of the deceased. Such stake shall remain until permanent monument, headstone or tablet be erected by friends or relatives of the deceased.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
The general care of the entire cemetery grounds and lots is assumed by the city under the provisions of the Crystal River Cemeteries Perpetual Care Fund (section 10-16). However, this does not provide for any special care of any unusual nature requested by an owner.
(b)
The city will exercise ordinary care to protect existing raised corner stones/monuments or memorials or other structure on cemetery lots. However, the purchaser of any lot hereafter is herewith notified that the city intends to care for city cemeteries by the use of mechanical maintenance equipment and the owners shall install such memorials upon his/her lot as will minimize the possibility of damage by such mechanical equipment. Such care shall include grass cutting, shrubbery trimming, litter control and general maintenance to the degree necessary.
(c)
The city shall not be liable and distinctly disclaims all responsibility for loss or damage to the property or rights of lot owners arising from cause beyond control.
(d)
In the event an owner wishes to perform or have performed additional or special work, an improvement permit must be purchased as well as a refundable security deposit taken, in the amount of fifty dollars ($50.00), which would be refunded at the conclusion and inspection of the work. In the event any damage or injury is done as a result of this special work, the repair cost shall be deducted from the deposit. All plans for special work must be submitted to the city manager, or his designee, in advance for approval before a permit will be issued.
(e)
No fence, scrollwork, hedge (real or artificial), or ditch shall be permitted around any grave or lot. Grave mounds will not be allowed, and no lot shall be raised above the established grade, unless for unknown reason(s) beyond control. A written statement must be given to the city by the funeral director or vault company explaining reason.
(f)
The city shall not be responsible for any damage caused during normal maintenance activities. The following rules for care of graves spaces shall be enforced by the city.
(1)
Flowers from burial services can be removed by city personnel after five (5) days.
(2)
One (1) portable container or one (1) potted plant per grave is permitted.
(3)
Easels and stands are not permitted.
(4)
Permanent plantings are not permitted.
(5)
Faded flowers, plastic, potted or fresh, can be removed from the grave space and discarded. The containers shall be held by the city for fourteen (14) days after removal. Owners may contact the city clerk's office to retrieve containers during that time.
(6)
The city does not recommend and will not be responsible for pictures placed on grave markers or monuments.
(7)
Removal of materials left on grave sites by city personnel does not require prior contact with family members.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
Existing monuments placed in the front portion of the Crystal River Memorial Cemetery known as Section I and Section II shall be exempt from the regulations of this section effective upon the final reading and adoption of Ordinance No. 92-0-4.
(b)
Monuments are required to be flush with the existing grade of the ground. This shall mean flat headstones, corner stones, slabs, granite coping and retractable permanent flower containers.
(c)
Lots having coping and gravel shall not be maintained by the city but will be cared for by owners or authorized representative of the owners during normal working hours as long as funerals are not being conducted. Should the grave become unsightly, the city shall have the right to remove gravel which will be replaced with sod.
(d)
Fresh flowers, potted plants, or plants on stands must be removed when flowers become unsightly, or have remained in the cemetery for a period of over ten (10) days.
(e)
Ornaments such as flowers, wreaths, etc., shall be allowed to remain no longer than ten (10) days from their placement. The city shall reserve the right to remove any ornament that is not attractive to the appearance of the cemetery.
(f)
Shrubs and plants are not permitted.
(Ord. No. 87-0-8, § 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
Editor's note— Ord. No. 04-0-24, § 1, adopted Dec. 13, 2004, deleted § 10-21 in its entirety. Former § 10-21 pertained to enforcement and derived from Ord. No. 87-0-8, § 1, adopted June 9, 1987 and Ord. No. 92-0-4, § 1, adopted Mar. 23, 1992.
If any tree, shrub or plant standing upon any lot, by it's roots, branches, or otherwise, becomes detrimental to adjacent lots or avenues, or if for any reason its removal is deemed necessary, the city shall have the right and it shall be their duty to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in their judgement seems best. No person shall pluck or remove any plant or flower, either wild or cultivated, from any part of the cemetery.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
All graves must be dug to a depth that upon proper closing there shall remain a minimum of twenty-four (24) inches of soil above the grave liner or vault to the average ground level. However, in cases unique or of hardship nature, the city manager, or his designee, may allow a variance of the requirements of this section in keeping with the hardship or unique situation encountered, which may include the placement of multiple urns when cremation is involved.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
All graves must have a liner or vault properly installed at the following or better specifications:
(1)
Concrete liner or vault. All concrete liners or vaults shall have six (6) sides each not less than one (1) inch in thickness, reinforced with steel mesh or other like or similar reinforcing material.
(2)
Steel liner or vault. All steel liners or vaults shall have six (6) sides and shall be constructed of fourteen-gauge material or thickness.
(3)
Size. All liners or vaults regardless of material shall be not less than eighty-six (86) inches inside length, twenty-eight (28) inches inside width and twenty-five (25) inches inside depth.
(4)
Liner or vault for infant children. Liners or vaults installed for the burial of infants or children shall be of the same or better quality as that required by the other subsections of this section, but need be of size sufficient only to accommodate the casket, except that area designated for children.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
No stones, monuments or other edifices, memorials or structures shall be placed at the head of the grave site with the primary inscription facing the foot of the grave (east). The family name only may be on the back (facing westerly) of such stone or monument.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92; Ord. No. 04-0-24, § 1, 12-13-2004)
All stones, monuments or other edifices, memorials or structures shall be placed at the head of the grave site with the primary inscription facing the foot of the grave (east). The family name only may be on the back (facing westerly) of such stone or monument.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
Upon the death of an indigent person, the funeral director shall bring evidence of such indigence to the city manager or his designee. If indigence shall be proven according to its legal definition, that person shall be buried in the city cemetery at no charge at a location to be determined by the city manager or his designee.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
HEALTH, SANITATION, AND PUBLIC WELFARE
The city manager shall see that all provisions of this Code regarding to the sanitary condition of the city are strictly complied with, and shall promptly report to the mayor any violations thereof. He shall make monthly reports to the city council at its regular meeting of the sanitary condition of the city, and shall suggest in such reports the work necessary to be done with respect thereto.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
No owner or occupant of lots or cellars shall fail to refuse, after reasonable notice to him or his agent, to drain such lots or cellars or fill them to the level of the streets and alleys upon which they are located.
(b)
If the owner or occupant shall so fail or refuse, the council shall have such work performed and the amount so expended shall be a lien against the lots or cellars, to be enforced in like manner as liens for the construction of sidewalks.
(Ord. No. 87-0-8, § 1, 6-9-87)
No owner or occupant of any lot shall suffer to remain on his lot any decaying flesh or vegetable matter or any other thing which may prove to be an annoyance to his neighbors or tend to affect the health of the neighborhood, and shall, upon notification, remove the same within six (6) hours or as soon as can be conveniently done.
(Ord. No. 87-0-8, § 1, 6-9-87)
No person shall discharge upon any street or alley, on his own lot, or on the lot of another any foul water or other fluid substance, or throw thereon any decaying flesh or vegetables or other offensive matter calculated to annoy the citizens or endanger their health.
(Ord. No. 87-0-8, § 1, 6-9-87)
All unimproved parcels within the city shall remain free and clear of debris, trash, garbage and other similar items such that the parcels do not become a public or private nuisance. All prior landscaped or mowed lots or unimproved parcels in the city shall be kept free from the overgrowth of weeds and vegetation which exceed a height of twelve (12) inches. Upon written notice, in accordance with section 14-51, to the property owner requesting compliance with this section and the owner's failure to remedy the non-compliance within seven (7) days of receipt of the notice, the city may, after re-inspection in accordance with subsection 14-51(d), mow weeds and vegetation to bring the parcel into compliance with this section. A fee will be charged to the owner by the city for any mowing/maintaining of a parcel, such will be the actual cost for performing this service.
(Ord. No. 96-0-20, § 1, 12-2-96; Ord. No. 18-O-16, § 3, 11-13-18)
(a)
Emergency watering restrictions. Due to the noted extreme water shortage being experienced in the City of Crystal River, Citrus County and surrounding areas, the following watering restrictions shall be implemented by resolution of the Crystal River City Council. The provision of this section shall be enforced as required until by like resolution the Crystal River City Council declares a water shortage no longer exists.
(1)
Established lawns and landscaping.
a.
Irrigation of established lawns from any source of water (well, open-water body or central water system) shall be prohibited between the hours of 9:00 a.m. and 5:00 p.m.
b.
Irrigation of established landscaping by non-low volume methods shall be prohibited between the hours of 9:00 a.m. and 5:00 p.m.
c.
Irrigation of established lawns and landscaping between the hours of 12:01 a.m. to 9:00 a.m. and 5:00 p.m. to 11:59 p.m., as established in a. and b. above, shall be further restricted as follows:
1.
Addresses ending in even numbers may water on Tuesdays and Fridays only;
2.
Addresses ending in odd numbers may water on Tuesdays and Fridays only.
d.
Irrigation for purposes of watering-in of insecticides, fungicides and herbicides, where such watering-in is required by the manufacturer, or by federal, state or local law, shall not be restricted; such watering-in shall be limited to the minimum necessary and should be accomplished during the day and hours allowed for normal irrigation.
e.
The operation of irrigation systems for cleaning and maintenance purposes shall not be restricted, except to be limited to the minimum necessary to maintain efficient operation of the system. Each irrigation zone may be tested a maximum of once per week.
f.
This section shall not apply to any permitted water re-use system.
(2)
New lawns and landscaping.
a.
Irrigation of new lawns and landscaping shall be restricted to the first sixty (60) days with irrigation limited to 5:00 p.m. to 9:00 a.m., and limited to the minimum amount required for the establishment of the lawn and landscaping.
b.
Low volume irrigation of new landscaping (excluding lawns) shall be not restricted.
c.
Low volume hand watering of new landscaping (excluding lawns) shall not be restricted.
(3)
Vehicle washing. Washing vehicles (cars, trucks, boats, rv's, etc.) using hoses with shut-off nozzles is allowed. Washing walkways and driveways is prohibited, except for health and safety reasons.
(4)
Penalties. Any violation of this provision of the section shall be as follows:
(b)
Purpose, intent and implementation. Furthermore, this section is adopted with the intent to limit fire hazards in the city during periods and conditions of drought. The provisions of this article shall be implemented by resolution of the city council declaring a drought emergency. The provisions of this section shall be enforced as required until by like resolution the city council declares a drought emergency no longer exists.
(c)
Prohibition. It is unlawful for any person to set fire to or cause fire to be set to any forest, grassland, wild lands, marshes, vegetation, or land in an urban or rural area including agriculture, Silvaculture, and pile burning or to build a campfire, bonfire, burn yard trash, household garbage, refuse, or other debris within the incorporated limits of the city unless authorization is obtained from the department of agriculture, division of forestry.
(d)
Other prohibitions. Besides the prohibition on open burning specified in subsection (c), no person or entity may discharge, or cause to be discharged, any fireworks as defined in Chapter 791 of the Florida Statutes, as it may be amended from time-to-time, or any other incendiary or other device that may cause, or have a tendency to cause, wildfires as defined in Section 590.015, Florida Statutes.
(e)
Penalties. Any violation by any person of any requirement or provision of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, any person violating any requirement or provision of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
(Ord. No. 01-0-05, §§ 1—5, 2-12-2001; Ord. No. 01-0-22, §§ 1—5, 12-10-2001)
The lands described as follows are declared to be the public cemeteries of the City of Crystal River, Florida:
Lots 45 through 52 Bayview Homes Company Addition to Crystal River, Section 21, Township 18 South, Range 17 East, and; commence at the NE corner of the SW¼ of the SE¼ of Section 34, Township 18 South, Range 17 East, thence South 0° 43′ 15″ West along the east line of said SW¼ of the SE¼ a distance of 0.88 feet to the point of beginning, said point being on the southerly right-of-way line of a county road, thence continue South 0° 43′ 15″ West along said east line of the SW¼ of the SE¼ a distance of 300 feet, thence North 89° 16′ 45″ West 300 feet, thence North 0° 43′ 15″ East parallel to the said east line of the SW¼ of the SE¼ a distance of 419.50 feet to a point on aforementioned southerly right-of-way line of a county road, said point being on a curve, concave southerly, having a central angle of 45° 24′ 30″ and a radius of 215 feet, thence along the arc of said curve a distance of 85.71 feet to a point, (the chord bearing and distance between said points being South 75° 59′ 25″ East 85.14 feet) thence South 64° 34′ 10″ East along aforementioned southerly right-of-way line a distance of 239.02 feet to the point of beginning; and situate and being in Section 34, Township 18 South, Range 17 East, Citrus County, Florida, and being further described as follows: Beginning at a point found by measuring from the NE corner of the SW¼ of the SE¼ of said Section 34, Township 18 South, Range 17 East, South 0° 43′ 15″ West along the est line of said ¼ of ¼ section, 300.88 feet to the above mentioned beginning point; thence North 89° 16′ 45″ West 300 feet thence N 0° 43′ 15″ East, 419.50 feet to the southerly right-of-way line of a county road, thence along said road right-of-way line and on a curve concave southerly with a radius of 215.0 feet, a chord bearing of South 81° 18′ 37″ West, a chord distance of 84.13 feet; thence South 70° 1′ 20″ West, 658.45 feet; thence leaving said road South 0° 43′ 15″ West, 431.40 feet to the North right-of-way of SCL Railroad spur line; thence along said railroad right-of-way line, South 86° 18′ 7″ East, 699.89 feet; thence South 88° 18′ 35″ East, 300.03 feet; thence leaving said railroad right-of-way line North 0° 43′ 15″ East, 298.27 feet to the aforementioned beginning point containing 11.3581 acres.
(Ord. No. 87-0-8, § 1, 6-9-87)
Any land hereafter acquired by the city for cemetery purposes and constituted a cemetery and all burials therein shall be subject to all the provisions of this chapter insofar as the same are applicable thereof.
(Ord. No. 87-0-8, § 1, 6-9-87)
The exclusive use of the cemetery is for the burial of human remains and shall only be used for cemetery purposes.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
No interment shall be made in the city cemetery, or body removed therefrom, except by authority of written permit or certificate obtained from the proper state registrar of vital statistics, or such other person as may be authorized by law to issue such permit. Before interment of any dead body, the city manager, or his designee, must be given twenty-four (24) hours' advance notice of the burial and shall be furnished proper evidence of issuance of a certificate from the proper state registrar of vital statistics. All funeral homes in the county shall be provided an emergency contact telephone number. The city manager, or his designee, must be presented with evidence of ownership of the burial right in the cemetery before interment will be permitted.
(b)
A person or persons to whom consent has been given shall be bound by all city cemetery rules and regulations and all applicable ordinances. Funeral directors making arrangements for interments shall be responsible for the payment of all interment charges. The city manager, or his designee, shall have the authority to revoke interment consent upon a finding of no lawful burial or interment right. The city shall have the exclusive right and responsibility for the sale of all cemetery space and lots (except as outlined in section 10-15 below).
(c)
A map or plat of the survey of the cemetery, which shall set forth each individual lot or plot in the entire cemetery, shall be maintained in city hall. The city manager, or his designee, shall indicate on said map or plat which lots or plots have been sold. A record book or file shall contain a record of all lots or plots sold, with the names of the grantees to whom the same are conveyed, and of all burial certificates issued permitting the use of said lots or plots within the cemetery.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
Cemetery plot prices shall be established and adjusted by resolution of city council. In order to provide funds for the costs of maintaining cemetery grounds and furnishing cemetery services, prices will be adjusted periodically, based on review and analysis of local market rates.
(b)
The burial rights within burial spaces and lots shall be conveyed only upon the proper execution of a deed of conveyance for a cemetery lot. Deed of conveyance shall be defined as any assignment, transfer, or sale of any right to burial spaces, subject to this article.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 96-0-14, § 1, 10-28-96; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
For purposes of this article, "owner" shall be defined as any person, firm, or corporation who has purchased interment rights in a lot, part of a lot, or a grave space in the cemetery, or their heirs, personal representatives, or successors.
(b)
The sale or transfer of any burial space or lot by any owner shall not be binding upon the city unless the same shall first be duly approved in writing by the city manager or his designee, and then such burial space(s) or lot must be reconveyed to the city. The city shall then issue a deed of conveyance for a burial space or cemetery lot to the new owner. This procedure is required in order that the city may have a complete and accurate record of all owners. A permit for this procedure will be required.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 04-0-24, § 1, 12-13-2004)
The first fifty (50) percent of the proceeds realized from the sale of each burial space and cemetery lot shall be reserved, separated and segregated from the remainder and deposited in a special fund to be known as the Crystal River Cemeteries Perpetual Care Fund. Such fund shall be maintained, invested at the best possible interest rate in keeping with municipal investments generally. The interest earned or income derived from the investments shall be transferred, from time to time, to the maintenance fund to be used for the upkeep, maintenance and improvement of the Crystal River Cemeteries. The remaining fifty (50) percent of the proceeds realized from the sale of each burial space or cemetery lot shall be deposited into the Crystal River Cemeteries Maintenance Fund. Such fund shall be used for the upkeep and maintenance of the cemetery. From time to time, at the discretion of the city council, surplus funds in the maintenance fund may be transferred to other operating funds of the city.
(Ord. No. 87-0-8, § 1, 6-9-87)
All city lands presently dedicated to or hereafter acquired for cemetery purposes are and shall be in the charge, care and management of the city council, and shall be subject to such rules and regulations relating to the management of such cemeteries as shall be made by the city council.
(Ord. No. 87-0-8, § 1, 6-9-87)
To secure the recognition of graves and prevent mistakes, upon interment, each grave shall be marked by placing at the head thereof a stake or other marker inscribed with the name of the deceased. Such stake shall remain until permanent monument, headstone or tablet be erected by friends or relatives of the deceased.
(Ord. No. 87-0-8, § 1, 6-9-87)
(a)
The general care of the entire cemetery grounds and lots is assumed by the city under the provisions of the Crystal River Cemeteries Perpetual Care Fund (section 10-16). However, this does not provide for any special care of any unusual nature requested by an owner.
(b)
The city will exercise ordinary care to protect existing raised corner stones/monuments or memorials or other structure on cemetery lots. However, the purchaser of any lot hereafter is herewith notified that the city intends to care for city cemeteries by the use of mechanical maintenance equipment and the owners shall install such memorials upon his/her lot as will minimize the possibility of damage by such mechanical equipment. Such care shall include grass cutting, shrubbery trimming, litter control and general maintenance to the degree necessary.
(c)
The city shall not be liable and distinctly disclaims all responsibility for loss or damage to the property or rights of lot owners arising from cause beyond control.
(d)
In the event an owner wishes to perform or have performed additional or special work, an improvement permit must be purchased as well as a refundable security deposit taken, in the amount of fifty dollars ($50.00), which would be refunded at the conclusion and inspection of the work. In the event any damage or injury is done as a result of this special work, the repair cost shall be deducted from the deposit. All plans for special work must be submitted to the city manager, or his designee, in advance for approval before a permit will be issued.
(e)
No fence, scrollwork, hedge (real or artificial), or ditch shall be permitted around any grave or lot. Grave mounds will not be allowed, and no lot shall be raised above the established grade, unless for unknown reason(s) beyond control. A written statement must be given to the city by the funeral director or vault company explaining reason.
(f)
The city shall not be responsible for any damage caused during normal maintenance activities. The following rules for care of graves spaces shall be enforced by the city.
(1)
Flowers from burial services can be removed by city personnel after five (5) days.
(2)
One (1) portable container or one (1) potted plant per grave is permitted.
(3)
Easels and stands are not permitted.
(4)
Permanent plantings are not permitted.
(5)
Faded flowers, plastic, potted or fresh, can be removed from the grave space and discarded. The containers shall be held by the city for fourteen (14) days after removal. Owners may contact the city clerk's office to retrieve containers during that time.
(6)
The city does not recommend and will not be responsible for pictures placed on grave markers or monuments.
(7)
Removal of materials left on grave sites by city personnel does not require prior contact with family members.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92; Ord. No. 04-0-24, § 1, 12-13-2004)
(a)
Existing monuments placed in the front portion of the Crystal River Memorial Cemetery known as Section I and Section II shall be exempt from the regulations of this section effective upon the final reading and adoption of Ordinance No. 92-0-4.
(b)
Monuments are required to be flush with the existing grade of the ground. This shall mean flat headstones, corner stones, slabs, granite coping and retractable permanent flower containers.
(c)
Lots having coping and gravel shall not be maintained by the city but will be cared for by owners or authorized representative of the owners during normal working hours as long as funerals are not being conducted. Should the grave become unsightly, the city shall have the right to remove gravel which will be replaced with sod.
(d)
Fresh flowers, potted plants, or plants on stands must be removed when flowers become unsightly, or have remained in the cemetery for a period of over ten (10) days.
(e)
Ornaments such as flowers, wreaths, etc., shall be allowed to remain no longer than ten (10) days from their placement. The city shall reserve the right to remove any ornament that is not attractive to the appearance of the cemetery.
(f)
Shrubs and plants are not permitted.
(Ord. No. 87-0-8, § 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
Editor's note— Ord. No. 04-0-24, § 1, adopted Dec. 13, 2004, deleted § 10-21 in its entirety. Former § 10-21 pertained to enforcement and derived from Ord. No. 87-0-8, § 1, adopted June 9, 1987 and Ord. No. 92-0-4, § 1, adopted Mar. 23, 1992.
If any tree, shrub or plant standing upon any lot, by it's roots, branches, or otherwise, becomes detrimental to adjacent lots or avenues, or if for any reason its removal is deemed necessary, the city shall have the right and it shall be their duty to remove such tree, shrub or plant, or any part thereof, or otherwise correct the condition existing as in their judgement seems best. No person shall pluck or remove any plant or flower, either wild or cultivated, from any part of the cemetery.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
All graves must be dug to a depth that upon proper closing there shall remain a minimum of twenty-four (24) inches of soil above the grave liner or vault to the average ground level. However, in cases unique or of hardship nature, the city manager, or his designee, may allow a variance of the requirements of this section in keeping with the hardship or unique situation encountered, which may include the placement of multiple urns when cremation is involved.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
All graves must have a liner or vault properly installed at the following or better specifications:
(1)
Concrete liner or vault. All concrete liners or vaults shall have six (6) sides each not less than one (1) inch in thickness, reinforced with steel mesh or other like or similar reinforcing material.
(2)
Steel liner or vault. All steel liners or vaults shall have six (6) sides and shall be constructed of fourteen-gauge material or thickness.
(3)
Size. All liners or vaults regardless of material shall be not less than eighty-six (86) inches inside length, twenty-eight (28) inches inside width and twenty-five (25) inches inside depth.
(4)
Liner or vault for infant children. Liners or vaults installed for the burial of infants or children shall be of the same or better quality as that required by the other subsections of this section, but need be of size sufficient only to accommodate the casket, except that area designated for children.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
No stones, monuments or other edifices, memorials or structures shall be placed at the head of the grave site with the primary inscription facing the foot of the grave (east). The family name only may be on the back (facing westerly) of such stone or monument.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92; Ord. No. 04-0-24, § 1, 12-13-2004)
All stones, monuments or other edifices, memorials or structures shall be placed at the head of the grave site with the primary inscription facing the foot of the grave (east). The family name only may be on the back (facing westerly) of such stone or monument.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)
Upon the death of an indigent person, the funeral director shall bring evidence of such indigence to the city manager or his designee. If indigence shall be proven according to its legal definition, that person shall be buried in the city cemetery at no charge at a location to be determined by the city manager or his designee.
(Ord. No. 87-0-8, § 1, 6-9-87; Ord. No. 92-0-4, § 1, 3-23-92)