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O-237-C . CITY OF CLERMONT . CODE ORDINANCES 237-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6, CEMETERIES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 6, Cemeteries is hereby amended as follows: SECTION 1. Sec. 6-1. Short title. This Chapter shall be known and may be cited as the Clermont Cemetery Ordinance. Sec. 6-2. Definitions. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein: (1) "Cemetery" or "Municipal Cemetery" is any cemetery owned by the City of Clermont, Lake County, Florida. (2) "Trust Fund" is the fund established for the perpetual care of the cemetery. Sec. 6-3. Rules, regulations, restrictions. The Council shall by Resolution establish rules, regulations and restrictions for the use of the cemetery relating to: (1) Subdividing the cemetery into lots, blocks, streets, walkways, and recording the plats thereof. (2) Capacity of each lot. (3) Location of graves. (4) Type of plantings as well as the size of and materials in monuments and markers that will be permitted for the proper and most attractive development of the cemetery, provided, however, that Oak Hill Cememtery, Second Addi- tion, as per plat thereof duly filed and recorded in the public records of Lake County, Florida is hereby restricted to a lawn memorial type cemetery. (5) Use of certain lots for single burials, and burials of paupers. (6) Location of and plans and specifications for all structures of any kind for the interment of human bodies or cremated remains. (7) All other matters for the orderly use and development of the cemetery. Sec. 6-4. Rules for interment. No deceased person or the cremated remains of any deceased person shall be interred until: (1) Burial permit has been obtained from the City and if required from the Florida State Board of Health, or any other agency as required by law; (2) That the lot in which the interment is to be made has been fully paid for; (3) The person arranging for such interment has the right i-o t-h "S of -l1"h 10t-: . CITY OF CLERMONT . CODE ORDINANCES 237-C (4) Such lot is not used beyond its capacity; (5) Proper record is made of the name, age, and sex of the deceased person and of the exact location of the grave. Sec. 6-5. Lot valuations. The Council shall by Resolution: (1) Place a value upon all unsold lots in the cemetery. (2) The Council may withhold from sale any area block or area within a block in order to promote the orderly use and development of the area. Such areas must be definitely marked on the cemetery records. When one lot is sold in a reserved area then the whole area must be opened for sale to all persons. Sec. 6-6. Records of ownership. The City shall keep full and complete records of the ownership of all lots in the cemetery, of the burial capacity of each lot, sold and unsold, of the location of each grave, of the names of persons buried in each grave that has been used, and such other factual data as may be deemed necessary for such records. Information for such records must be furnished by those applying for the interment permit. Sec. 6-7. Trust fund. There is hereby established a trust fund, to be known as the Clermont Cemetery Perpetual Care Fund, to be derived from one-hundred per cent of the net proceeds from all cemetery lot sales, beginning October 1, 1983. The Council shall be trustees thereof and may invest and reinvest same as it deems necessary. The annual cost of care and maintenance of the cemetery shall be paid out of only the interest or dividends earned by the Trust Fund and the general taxes assessed and levied for such purpose. The principal must be kept separate and apart from all other funds of the City and its use is hereby appropri- ated exclusively for the purpose of said Trust. Sec. 6-8. Penalties. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 1-8. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. SECTION 2. Chapter Six, SECTION 3. Sections 6-9 and 6-10 are hereby repealed. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 4. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be inseparable in mean- ing and effect from the section to which such holding shall apply. . CITY OF CLERMONT . CODE ORDINANCES 237-C SECTION 5. This Ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. /YLJ... FIRST READING THIS 2. 2 DAY OF SECOND READING THIS /3Y-h..J DAY OF '1= , 1983. , 1983. PASSED AND ORDAINED BY COUNTY, FLORIDA THIS THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE /3 Y-k. D7'..a 12I.i.b~ CHA~~' t10R~ , 1983. ATTEST: ¡j¿ ..1/1-1~~ WAy~~iRS, CITY CLERK