The city shall operate the cemetery pursuant to the provisions of this article.

(Ord. No. 2013-03, § 2, 5-15-2013)

Interment in the Hallandale Beach Cemetery shall be by purchase of a cemetery lot, niche and/or mausoleum space. The city manager or his/her designee may reserve a grave space, at the request of a prospective purchaser, for a period not to exceed ten days without formal agreement or full payment of the price of the lot. A record shall be kept of any such reservation made. At the expiration of the ten days, a formal agreement to purchase such space must be signed or the space shall be released and any deposit shall be retained by the city.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

Any cemetery lot, niche or mausoleum space shall be paid for in cash or U.S. tender. The payment may be made pursuant to an installment agreement which shall be executed with the city and the purchaser. Such agreements shall be prepared by the city manager or his/her designee and approved by the city attorney. The agreement shall designate the specific cemetery lot, niche or mausoleum space purchased and the purchase price. All cemetery lot, niches and mausoleum spaces price shall be established by resolution adopted by the city commission.

(b)

A down payment of at least ten percent and the number of years of the agreement shall be specified in the installment purchase agreement.

(c)

For interments on Saturday, there will be an additional charge. This additional charge shall be established by a resolution adopted by city commission.

(d)

Any cemetery lot, niche or mausoleum space must be paid in full prior to interment being scheduled.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

Cremation interments shall be permitted within a single niche space up to a maximum of two. An additional charge will be assessed each time an individual niche space is opened to accommodate this type of multiple burial. The additional charge shall be established by resolution adopted by the city commission.

(b)

Interments of one adult and one infant child, or newborn child, or of a child of sufficiently small stature that would permit use of a single burial vault in a grave space, shall be permitted as a single interment. Existing grave spaces shall not be reopened to accommodate additional burials, except in the case of double burial vaults.

(c)

No other multiple interments are authorized.

(d)

Monuments or markers for burials described in this section must be consistent with the overall plan of the city cemetery.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

When a disinterment occurs for the purpose of transfer of the deceased to another cemetery, the grave space shall revert to the city. The purchaser or his/her heirs shall be reimbursed the original sale price of the space less 20 percent for administrative costs.

(b)

Transfer of ownership or exchange of cemetery spaces within the city cemetery may be accomplished by the payment of an administrative charge as established for the first space. An additional charge per space shall be made for a transfer of each additional space. A city resident may transfer his/her cemetery space to a non-city resident only upon paying the city the difference between the current resident and nonresident cemetery space fees. A nonresident may transfer his/hers cemetery space to a resident, but such transfer shall not entitle the nonresident to receive any refund from the city.

(c)

The city shall have the first option to repurchase cemetery space at the original purchase price, less ten percent for administrative costs. The city shall have the first option to repurchase niche or mausoleum space at 50 percent of the original purchase price.

(Ord. No. 2013-03, § 2, 5-15-2013)

It shall be the duty of the funeral director, family or friend of any person about to be buried in the cemetery to furnish a proper burial permit and give the place of birth, age and residence at the time of death, sex, date of death, and cause of death of the deceased, so far as is known.

(Ord. No. 2013-03, § 2, 5-15-2013)

Notice to the city manager or his/her designee of an interment must be accompanied by directions as to the lot if pre-owned, and such notice must be presented within 16 working hours of the interment.

(Ord. No. 2013-03, § 2, 5-15-2013)

A cement, steel or equivalent strength vault shall be provided, at the cost of the lot owner, for all burials. Such vault shall be of such specifications and weight as to prevent retention of water and cave-ins of the grave space.

(Ord. No. 2013-03, § 2, 5-15-2013)

Upright markers or tombstones may not be erected in any portion of the city cemetery. Installation of grass level markers is permitted. Such markers shall not exceed 36 inches in width and 24 inches in length and shall be installed with the top surface flush with the ground level. No marker, tombstone or monument shall be erected on grave space until the lot is paid for in full.

(Ord. No. 2013-03, § 2, 5-15-2013)

No person shall erect or place any memorial marker or do any work in the cemetery without first presenting a written order from the lot owner to the city manager or his/her designee and obtaining written permission from the city manager or his/her designee for the work contemplated. Any markers placed or erected in violation of section 20-9 and 20-10 are subject to being removed by the city and returned to the decedent's family.

(Ord. No. 2013-03, § 2, 5-15-2013)

No lot owner shall erect any fence, wall or curbing around any lot or place on a lot, any cement or stone slab or any walkway leading to or from such lot.

(Ord. No. 2013-03, § 2, 5-15-2013)

The following rules for the care of grave spaces shall be enforced by the city manager or his/her designee.

(1)

Flowers from burial services not removed by the funeral director or the decedent's family shall be removed by the city after one week.

(2)

Easels and stands are not permitted at the burial site.

(3)

Permanent plantings are not permitted at the burial site, and will be removed by the city.

(4)

Faded flowers, plastic, potted or fresh plants shall be removed from the burial site in a timely manner or will be removed by the city.

(Ord. No. 2013-03, § 2, 5-15-2013)

The city manager, or his/her designee, and/or any person employed by the city and acting under the directions of the city, shall have the right to entry upon any cemetery lot for the purpose of cutting down or removing any and all weeds, tall grasses, underbrush, trash or routine maintenance or proceed in any manner deemed necessary to maintain the lot and/or cemetery premises in good condition.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

The roadways of the city cemetery are private thoroughfares provided for the attendance at funerals, memorial occasions, visits to burial sites or other similar cemetery business. No person shall use the roadways of city cemetery as public thoroughfares for passage through the cemetery or any other purpose not related to the business of the cemetery.

(b)

No person shall climb over, go through or go over any wall, fence or hedge in the cemetery; or trespass in any manner upon cemetery property. Entry to the cemetery shall be through the established gateways or entrances during the established visitation hours.

(c)

Any and all violations of paragraphs a and b shall subject the violator to arrest for trespass pursuant to F.S. chapter 810.

(Ord. No. 2013-03, § 2, 5-15-2013)

The city has established regulations for the operations of the city cemetery to ensure the sanctity of the cemetery is observed at all times. The following activities are prohibited in the city cemetery:

(1)

Except when in attendance at a funeral, burial visitation or cemetery business, bicycles and motorcycles are not permitted inside the city cemetery.

(2)

No dogs or domesticated pets, with the exception of guide dogs, are permitted in the city cemetery.

(3)

All persons entering on the grounds of the city cemetery are expected to conduct themselves with the strictest decorum at all times.

(4)

Violations of any of the above provisions will subject the violator to removal from the cemetery grounds.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

The city manager shall be authorized to sign the documents necessary to purchase and convey real property, as authorized by a city commission resolution in accordance with procedures set forth by the standard operating procedures.

(b)

The city manager, with the concurrence of the city attorney, is authorized to convey parcels of real property acquired from the county as escheated properties or acquired by the city by donation or lien foreclosures, in such reasonable and expeditious fashions as are in the best interests of the city, and as will reduce the city's financial obligations, maintenance responsibilities, and liability exposures, while at the same time returning the properties to the tax rolls through private ownership. Conveyances can be accomplished by the following:

(1)

Collaborating with the city community redevelopment agency through their established administrative policies and procedures for an affordable housing program; and

(2)

The city manager may use waivers of the city's zoning and land development code to achieve the laudable goals of affordable housing, encouraging capital and economic investment, and to stimulate affordable housing throughout the city, in combination with such conditions imposed on the appropriate property, including vacation of easements, alleys, rights-of-way and any other conveyance or reduction of the city's interest in real property, pursuant to section 32-965 pertaining to variances, providing for notice to the public and consideration by the city commission upon objection by the public or denial by the city manager.

(c)

The authority conferred in this section shall not apply to any property purchased by the city for use as parks, utilities, public facilities or any public function; and the city manager shall first find that no public purpose exists before conveying the property.

(d)

The city manager shall place a notation on the agenda of the next regularly scheduled city commission meeting advising of the disposition of the property.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

The city shall have the power to grant, lease or renew any lease to the right to use the streets, highways, alleys, public grounds or buildings, and to grant franchises in connection with such power. No ordinance granting, renewing or leasing the right to use the streets, alleys, public grounds or buildings of the city to any private person, firm or corporation shall become a law or be effective in any way unless passed by a majority vote of all members of the commission present at the meeting to consider such an ordinance; however no such grant, renewals or leases shall, in any event be effective for a period of time longer than 49 years. No such grant, renewal or lease shall be transferable except by an ordinance adopted by the city commission. Copies of all transfers and mortgages or other documents affecting the title or use of such grants, renewals or leases shall be filed with the city clerk within ten days after execution.

(b)

Nothing contained in this section shall be construed as limiting or applying to the power of the city which is expressly conferred to grant franchises or to enter into franchise contracts for the construction, maintenance and operation of any general railroad over, along or upon or across the streets, avenues, alleys and public places of the city.

(c)

Any actions taken by the city, which did not conform to the laws of the state, but which does comply with the provisions of this section are hereby ratified.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

Declarations.

(1)

The city manager is authorized to declare city-owned property which is no longer needed for a public use and with an estimated value of $20,000.00 or less to be surplus property and disposed of such property.

(2)

The city manager may recommend that the city commission declare any city-owned property which is no longer needed for public use and has a value in excess of $20,000.00 to be surplus property. Any city property declared to be surplus by the city commission may be disposed of in the manner declared by the city commission, including but not limited to sealed bids, auction and negotiated sale.

(3)

All other property declared surplus shall be disposed of pursuant to established standard operating procedures.

(Ord. No. 2013-03, § 2, 5-15-2013)

It shall be unlawful for any person to wantonly, willfully or maliciously mar, deface, injure or mutilate any of the city buildings, vehicles, equipment, furniture, street signs, traffic signs or traffic control equipment, or any other property of the city, or to cause such action to be done by another. Any person or persons found to be in violation of this section shall be subject to arrest pursuant to chapter 806 of the Florida Statutes and civil action.

(Ord. No. 2013-03, § 2, 5-15-2013)

Any officer or employee of the city coming into possession of lost, confiscated, impounded, captured or abandoned personal property shall immediately turn it over to the chief of police or designee who is the designated custodian of such property. The custodian shall keep proper, adequate and complete records of the property, including a short description, time of acquisition, how acquired, and final disposition made of property, and if sold, the proceeds of the sale.

(Ord. No. 2013-03, § 2, 5-15-2013)

(a)

All lost, confiscated, impounded, captured or abandoned personal property shall be disposed of by the custodian in compliance with the applicable F.S. §§ 274.06; 705.103; 705.105 and 932.7055.

(b)

In the event the city chooses to dispose of any of the lost, confiscated, impounded, captured or abandoned personal property by sale; the sale and/or auction shall be conducted in accordance with the standard operating procedures established by the city manager.

(c)

Nothing provided in this article shall prevent the lawful owner of such property from reclaiming the property upon proof of ownership and the reimbursement to the city for any costs it may have incurred relative to its having custody of the property. The city shall not be liable to any owner for lost or damage of any property, not timely claimed by the lawful owner and disposed of by the city pursuant to its lawful authority.

(Ord. No. 2013-03, § 2, 5-15-2013)