§ 2-641. Monuments and markers.

(a) All burial spaces shall have no more than two (2) 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.

(b) For interments after November 19, 1996, a permanent monument or grave marker shall be required on all burial spaces.

(c) All monuments, grave markers and corner markers shall be of bronze, granite, marble or other equally durable stone material, metal or metal alloy. Monuments and markers 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 set after November 19, 1996 shall be flush-mounted except where they are placed to duplicate a foot stone pre-existing on the lot.

(d) Within the area of a cemetery designated as a memorial section, markers which are flush with the ground shall be required. All markers shall be flush with the ground in the Lake Wales Memorial Gardens Cemetery.

(e) No monument or marker shall be set unless the burial space has been located by the cemetery manager or his designated representative. The cemetery manager shall clearly mark the burial space upon which the monument or marker will be set and shall issue written authorization to the monument company to proceed with the construction of the foundation for the monument or marker. A request for authorization must be made to the cemetery manager by 4:00 p.m. on the business day preceding the day on which the setting of the monument or marker will occur. All monuments, grave markers and corner markers shall be set between the hours of 8:00 a.m. and 4:00 p.m. If it is necessary to set a monument or marker before 8:00 a.m. or after 4:00 p.m., a fifty dollar ($50.00) service fee will be paid to the city by the monument company.

(f) All monuments, grave markers and corner markers shall be placed on a foundation which shall be adequately designed to prevent future settlement, tilting or cracking. All foundations shall be built by the monument company at the cost of the owner. In order to ensure consistent installation of cemetery monuments and markers within all city-owned cemeteries, the following shall apply: (note: corner markers are only allowed in the Lake Wales Cemetery and the Willow Lawn Cemetery; corner markers will not be allowed in the Lake Wales Memorial Gardens Cemetery): 

(1) Permit required. Installation of all foundations will require the issuance of a permit to the monument company by the cemetery administrator. The cost of the permit will be nonrefundable. The permit fee will be paid by the monument company and will cover the cost of one (1) foundation inspection. Additional inspections will require payment of a twenty-five-dollar service fee by the monument company. No additional fee will be required for the actual placement of the monument or marker onto the foundation.

(2) Monument or upright marker. For monuments having a vertical height of three (3) feet or less, a foundation shall be installed that is three (3) inches wider than the monument on all four (4) sides so that a three-inch margin is created around the base of the monument. For monuments taller than three (3) feet, the width of the foundation shall be increased on all four (4) sides by one (1) inch per vertical foot or fraction thereof. The foundation shall be constructed of concrete that is a minimum of six (6) inches in depth and shall be reinforced with a steel bar one-half (½) inch in diameter. For monuments that will exceed five (5) feet in height, installation must receive prior approval by the city's building official. Upright markers are only allowed in the Willow Lawn Cemetery and designated areas within the Lake Wales Cemetery; upright markers will not be allowed in the Lake Wales Memorial Gardens Cemetery.

(3) Flush-mounted marker. A foundation shall be installed that is at least as long and as wide as the marker that will be resting upon it. The foundation shall be constructed of concrete that is a minimum of three (3) inches in depth and shall be reinforced with a steel bar one-half (½) inch in diameter.

(4) All foundations. In all installations, the foundation shall be constructed upon well-compacted soil. The foundation shall be constructed of Portland-based concrete and shall have a minimum designed strength of two thousand (2,000) pounds per square inch (psi). Foundations shall be constructed with the use of forming for the upper four (4) inches of the cast-in-place concrete. Wood forms are permitted, but must be removed after the concrete has cured in place. The surface of the foundation shall be level and have a smooth float finish and shall finish at least one and one-half (1½) inches below the grade. After curing of the concrete foundation, form work shall be removed and the area back-filled with screened topsoil prior to setting of the monument or marker.

(5) Inspection. All foundations shall be inspected by the cemetery manager. If the foundation installation is determined to be satisfactory, the cemetery manager shall issue written authorization to the monument company to proceed with the setting of the monument or marker. A copy of this written authorization shall be provided to the family and shall serve as notice to the family that the foundation has been installed satisfactorily. If the foundation installation is determined to be unsatisfactory, the cemetery manager shall issue written notice to the monument company requiring that the problem(s) be corrected. No authorization shall be issued to proceed with the setting of the monument or marker until the foundation installation is determined to be satisfactory.

(6) Time of inspection. To facilitate inspection by the cemetery manager, all foundations shall be set between the hours of 8:00 a.m. and 4:00 p.m. If it is necessary to set a foundation before 8:00 a.m. or after 4:00 p.m., a fifty dollar service fee will be paid to the city by the monument company in addition to the permit fee.

(7) Rights reserved. The city reserves the right to modify the specifications contained herein for installation of any foundation, monument or marker, if, in the sole discretion of the building official, such modification is deemed to be desirable.

(g) Where a monument or marker has been previously set, no monument or marker shall be engraved unless the burial space has been located by the cemetery manager or his designated representative. The cemetery manager shall clearly mark the burial space upon which the monument or marker will be engraved and shall issue written authorization to the monument company to proceed with the engraving of the monument or marker. A request for authorization must be made to the cemetery manager by 4:00 p.m. on the business day preceding the day on which the engraving of the monument or marker will occur.

(h) 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.

(i) 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.

(j) 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 by the cemetery manager at no risk to the city. Prior to removal, notice shall be provided in accordance with section 6-245, and the family of the deceased shall be given the option of installing a memorial brick in lieu of the monument or marker required in paragraph (c). The brick shall be purchased from the city, and shall be inscribed with the name of the deceased, birth date, and date of death. Cemetery staff shall flush-mount the memorial brick on a foundation at the head of the grave. The memorial brick may remain on the grave as a permanent marker or until replacement by a bronze, granite or marble monument or marker. A family may elect to install a memorial brick immediately following the burial in lieu of placing a temporary metal grave marker.

(k) 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.

(l) The monument company shall exercise all possible care to protect grave markers, monuments, water lines, and other cemetery fixtures, and shall be held liable for any damage incurred.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2015-05, § 1, 08-04-15)