1. Rights reserved by the City.
The City reserves and shall have the right:
to refuse admission to the cemetery and to refuse the use of any of the cemetery's facilities at any time to any person or persons whom the City may deem to be in violation of the provisions of the Cemetery Rules and Regulations;
to enlarge, reduce, replat or change the boundaries or grading of any or all sections of the cemeteries including the right to modify and change the locations of or remove or regrade roads, drives, walks, or any part thereof;
to lay, maintain and operate, or alter or change water lines for irrigation systems, gutters for drainage, etc. and reserves an easement along all lot lines for utility purposes as needed;
to use cemetery property not sold to individual lot owners for cemetery purposes, including the interment of human remains, or for anything necessary, incidental or convenient thereto;
to reserve to itself, and to those lawfully using the privileges and facilities of the cemeteries, a perpetual right of ingress and egress over lots for the purpose of passage to and from other lots;
to correct any error that may be made by it in the description, transfer or conveyance of any interment rights, either by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the city manager or his designee, or, in the sole discretion of the city manager, by refunding the amount of money paid on account of said purchase;
to correct any error that may be made by it in making interments, disinterments or removals, and, in the event such error shall involve the interment of the remains of any person, the City reserves and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof;
to prohibit, modify or remove any structure, object, improvement or adornment from any lot which may have been placed therein in violation of the rules, or which may be considered objectionable, or injurious to the lot, adjoining lots or to the cemetery in general;
to adopt additional rules and regulations or to amend, alter or repeal any cemetery rule or regulation established by it, at any time, and subject only to the public notice requirements provided by Florida Statutes for ordinance adoption.
2. Limitation of liability.
The City shall take all reasonable precautions to protect cemetery lot owners and the property rights of cemetery lot owners from loss or damage, but the City shall not be liable, and disclaims all responsibility, for loss or damage to property or rights of lot owners arising from causes beyond its reasonable control including, but not limited to, damage caused by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, etc. whether the damage be direct or collateral.
The general care of the cemetery is assumed by the City and includes the cutting and sprinkling of the grass at reasonable intervals, the raking and cleaning of the grounds, and the pruning of shrubs and trees. General care by the City shall in no case mean the maintenance, repair or replacement of any memorial, tomb or mausoleum placed or erected upon lots by persons, firms or corporations; nor the doing of any special or unusual work in the cemetery, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any marble or granite work in any section or portion of the cemetery damaged by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, etc. whether the damage be direct or collateral.
3. Monuments and markers.
All burial spaces shall have no more than two monuments or grave markers with the exception that family burial lots may have a family marker and a marker for each family member interred therein. For interments after 12/1/96, a permanent monument or grave marker shall be required on all burial spaces.
All monuments and markers shall be of bronze, granite or marble and shall be placed on a foundation which is no closer than three (3) inches to the boundary lines of the grave space. All foot stones shall be flush-mounted.
All monuments and markers shall be placed on a foundation which shall be adequately designed to prevent future settlement, tilting or cracking and which shall be constructed of a minimum of three (3) inches of concrete. All foundations shall be built by the monument company at the cost of the owner. Within the area of the cemetery designated as a memorial section, markers which are flush with the ground shall be required.
Any monument or marker which has been set in violation of the rules and regulations established by this section shall be removed from the grave site by the monument company. It shall be the responsibility of the monument company to reset the monument or marker in accordance with the rules and regulations of this section without charge to the owner or the City.
Lettering on mausoleum crypts and niches shall comply with all requirements established by the City for uniformity. Any lettering which has been placed on a crypt or niche which fails to comply with all such requirements shall be replaced by the monument company without charge to the owner or City.
It shall not be the responsibility of the City to replace or repair temporary metal grave markers, and all temporary grave markers shall be removed when the permanent marker is set. Any temporary grave marker remaining on the grave six (6) months after the interment shall be removed at no risk to the City.
While the City will exercise all possible care to protect raised lettering, carving or ornaments on any monument or memorial, it disclaims responsibility and shall not be liable for any damage or injury thereto.
4. Plants, shrubs, flowers, etc.
Permanent planting and maintenance of grasses, shrubs, trees, flowers, etc., shall be done or approved by the City. No trees, plants, flowers or shrubs shall be planted, pruned or removed without the approval of the cemetery manager.
The cemetery manager shall have the authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the cemetery manager, they become unsightly, dangerous, detrimental or diseased or when they interfere with the normal maintenance of the cemetery.
The City shall not be liable for frozen plants or herbage of any kind or for plantings damaged by the elements, thieves, vandals or by other causes beyond its control.
Flowers from burial services shall be removed by the cemetery manager within five (5) days after an interment. Upon the written request of the owner or legal representative of the owner within forty-eight (48) hours after an interment, flowers, baskets, designs or frames may be held for such owner or legal representative for a period not exceeding thirty (30) days. If not called for and removed by the end of the thirty (30) day period, such flowers, baskets, designs or frames shall become the property of the City and may be sold, destroyed or otherwise disposed of without incurring any liability whatsoever to donors, grave owners or their legal representatives.
All vases and receptacles must be approved by the City. Approved vases may be of the invertible type. Fixed vases shall not exceed six (6) inches in diameter and ten (10) inches in height. No other receptacle may be used as a permanent vase.
Potted plants are not permitted, except as a special decoration on the dates indicated in paragraph 6.
Glass containers shall not be permitted under any circumstances.
Fences, hedges, borders, pipe, chains or enclosures of any kind are prohibited on grave sites.
No coping or curbing shall be installed after 12/1/96. Where coping or curbing exists prior to 12/1/96, it shall be permitted to remain at no risk to the City, and the repair of damage due to routine maintenance, settling, erosion, etc., shall be the responsibility of the family.
6. Grave decorations.
Grave decorations of any kind may be removed when, in the judgment of the cemetery manager, they do not conform to the decorum of the cemetery.
Decorations may be removed periodically by cemetery personnel if they become unsightly, interfere with the normal maintenance of the cemetery, or are otherwise objectionable.
Special decorations placed on a grave site on birthdays, anniversaries, Mother's Day, Father's Day, Memorial Day, Veteran's Day, Christmas, Easter, etc., shall be removed within seven (7) calendar days after the holiday. Decorations not removed within the specified time will be removed by cemetery personnel and disposed of or, in the City's discretion, stored for a limited time for owners to reclaim such property if space is available and at no risk to the City.
The placing of boxes, toys, shells, glass, metal designs, ornaments, chairs, settees, wood or iron cases and similar articles upon grave sites shall not be permitted and, if so placed, the cemetery manager shall remove them at no risk to the City.
The City shall not be responsible for the loss of any decorations by any cause whatsoever.