O-2017-31 CITY OF CLERMONT
ORDINANCE NO.2017-31
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 22,
CEMETERIES, SECTION 22-1, "DEFINITIONS" AND SECTION 22-7
"TRUST FUND", REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH, PROVIDING FOR SEVERABILITY, CODIFICATION AND
EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY
FLORIDA HEREBY ORDAINS:
SECTION 1.
Chapter 22, Cemeteries, Section 22-1, et seq, is hereby amended as follows: Definitions and
Section 22-7, Trust Fund as follows:
Sec. 22-1. Definitions
The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Cemetery or municipal cemetery means any cemetery owned by the city.
Cemetery fund means the fund established for the perpetual care of the cemetery.
Sec. 22-2. Penalty for violation of chapter provisions.
Any person violating any of the provisions of this chapter shall be deemed guilty of a
violation of this Code and, upon conviction, shall be punished as provided by Section 1-
15. Each day such violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such under this Chapter.
Sec. 22-3. Rules, regulations and 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;
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CITY OF CLERMONT
ORDINANCE NO.2017-31
(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; and
(7) All other matters for the orderly use and development of the cemetery.
Sec. 22-4. Rules of interment.
No deceased person or the cremated remains of any deceased person shall be interred
until:
(1) A burial permit has been obtained from the City and if required from the
state, or any other agency as required by law;
(2) 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 to the use of such lot;
(4) Such lot is not used beyond its capacity; and
(5) Proper record is made of the name, age and sex of the deceased person and
of the exact location of the grave.
Sec. 22-5. Lot valuations.
The Council shall, by resolution, place a value upon all unsold lots in the cemetery
and 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. 22-6. Restrictions on transfer and conveyance; records of ownership.
(a) No owner of a lot or burial space in the cemetery shall sell or convey same
to any other person or corporation other than to the city without the written
consent of the City. The City reserves the right to pay no more than the
original price of the lot or burial space.
(b) The City shall keep full and complete records of 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.
Section 22-7. Cemetery Fund.
The City shall account for all funds related to the cemetery in a separate fund known as the
Cemetery Fund. Cemetery lot sale proceeds and interest may only be used for the routine
maintenance and/or improvements to the cemetery.
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CITY OF CLERMOIVT
ORDINANCE NO.2017-31
SECTION 2.
All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed.
SECTION 3.
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 meaning and
effect from the section to which such holding shall apply.
SECTION 4.
The text of Section 1 of this Ordinance shall be codified as a part of the Clermont City Code The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of"Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such
editorial license.
SECTION 5.
This Ordinance shall be published as provided by law and it shall become law and shall take effect
October 1, 2017.
First Reading this 25th day of July, 2017.
Second Reading this 8th day of August, 2017.
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CITY OF CLERMONT
ORDINANCE NO.2017-31
PASSED AND ADOPTED BY the City Council of the City of Clermont, Lake
County, Florida this 8th day of August, 2017.
CITY OF CLERMONT
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4i ti ; j��'3 �e , Gail L. Ash, Mayor
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Tracy Ackroyd Howe, City Clerk
Approved ase and legality:
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