Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 2. Administration   
 Article VI. Cemetery Administration
 Division 4. Memorials, Plants And Grave Decorations
  

  Division 4. Memorials, Plants And Grave Decorations  

§ 2-641. Monuments and markers.
Effective on Tuesday, August 4, 2015

(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)
§ 2-642. Plants, shrubs, flowers, trees and grasses.
Effective on Tuesday, August 4, 2015

(a) Permanent planting, maintenance and removal of grasses, shrubs, trees, flowers, and the like, shall be done only by the city.

(1) The planting of trees, shrubs and other plants in a memorial section violates the contract rights of those who purchased lots in a memorial section with the expectation that there be uniformity and interferes with the maintenance of the grave sites by cemetery staff. Accordingly, the cemetery manager will remove any and all trees, shrubs and other plants installed in a memorial section prior to December 1, 2009 after providing notice as specified in section 6-245. Trees, shrubs and other plants so removed may be transplanted to a common area of the cemetery if appropriate.

(2) Trees, shrubs and other plants installed prior to December 1, 2009 in a section of the cemetery that is not a memorial section may remain in place provided said trees, shrubs and plants are properly maintained by the family. The cemetery manager may remove the trees, shrubs or plants when they become unsightly, dangerous, detrimental or diseased or when they interfere with the normal maintenance of the cemetery. Notice of such removal shall not be required.

(3) Any permanent trees, shrubs, flowers, or similar items planted anywhere in a city cemetery after December 1, 2009 shall be removed by the city following notice as required in section 2-645. Plantings so removed may be transplanted to a common area of the cemetery if appropriate.

(b) The cemetery manager shall remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from a 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. Except as provided in paragraph (a) of this section, notice of such removal shall not be required.

(c) 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.

(d) Live 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-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.

(e) 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. A frame may be used in lieu of a vase to support non-live flowers placed on a grave site on special dates or until a permanent marker can be installed, provided that the combined height of the frame and non-live flowers does not exceed twenty-four (24) inches. Glass or ceramic containers shall not be permitted under any circumstances.

(f) Potted plants will be allowed in the Lake Wales Cemetery and the Willow Lawn Cemetery subject to the following:

(1) A pot shall be buried so that the top edge of the pot is flush with the ground;

(2) A pot shall not exceed one (1) gallon in size, and a plant shall not exceed twenty-four (24) inches in height;

(3) A potted plant shall not bear thorns or stickers or otherwise be potentially hazardous to the cemetery staff or the public;

(4) A potted plant shall be maintained by the family, and, if not maintained by the family, shall be removed by the cemetery manager in accordance with paragraph (b) of this section.

(g) Potted plants will not be allowed in the Lake Wales Memorial Gardens Cemetery.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2015-05, § 1, 08-04-15)
§ 2-643. Enclosures, coping, curbing and borders.
Effective on Tuesday, August 4, 2015

(a) Fences, hedges, pipe, chains or raised enclosures of any kind are prohibited on grave sites. No coping or curbing shall be installed after November 19, 1996. Where coping or curbing exists prior to that date, it shall be permitted to remain at no risk to the city, and the repair of damage due to routine maintenance, settling, erosion, and the like, shall be the responsibility of the family.

(b) Flat borders will be permitted in the Lake Wales Cemetery and the Willow Lawn Cemetery subject to the following:

(1) A border must be flush-mounted and must be laid upon a foundation that will prevent tilting or shifting out of place.

(2) A border must be made of a material specified by the city, and an example of such acceptable material shall be displayed in the cemetery office.

(3) A border must be maintained by the family; if a border appears to be unkempt or not maintained for a period of three (3) months, the city shall remove the border after providing notice as required in section 2-645

(4) No border shall be installed unless the burial space has been located and clearly marked by the cemetery manager or his designated representative. The cemetery manager shall issue written authorization to the family to proceed with the setting of the border. 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 border will be set.

(5) A border installed in violation of this section shall be removed by the city after providing notice as required in section 2-645

(c)  Flat borders will not be permitted in the Lake Wales Memorial Gardens Cemetery.

(d) The requirements of this section shall not apply to portable fences, chains and other structures or equipment used during interments or memorial ceremonies provided said fences, chains, structures, or equipment are removed immediately after completion of the interment or ceremony. 

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2015-05, § 1, 08-04-15)
§ 2-644. Grave decorations.
Latest version.

(a) Grave decorations of any kind will be removed when they violate cemetery rules and regulations. Prior to removal, notice of violation shall be provided as specified in section 2-645 unless otherwise specified in this section.

(b) Special decorations placed on a grave site on special dates such as birthdays, anniversaries, Mother's Day, Father's Day, Memorial Day, Veteran's Day, Christmas, Easter or other dates of religious or cultural significance, may be placed no more than seven (7) calendar days before the holiday or special date and shall be removed within seven (7) calendar days after the holiday or special date. Decorations not removed within the specified time shall be removed by cemetery personnel without the need for notice but shall be stored in accordance with procedures specified in subsection 2-645(b) except that perishable items shall be discarded.

(c) The following shall not be allowed upon grave sites and, if so placed, shall be removed at no risk to the city after notice as specified in section 2-645

(1) Toys, dolls, stuffed animals or similar articles;

(2) Shells, rocks, stones or pebbles;

(3) Glass, ceramic or plastic objects;

(4) Metal designs, frames, or hangars except as allowed on a temporary basis in accordance with paragraph 6-242(e);

(5) Chairs, settees, benches or tables;

(6) Wood or metal boxes or cases;

(7) Lights, with the following exceptions:

a. A single solar-powered light may be flush-mounted on each side of the headstone provided that the solar-powered light is of a style and material specified by the city; an example of such acceptable solar-powered light shall be displayed in the cemetery office; and

b. Up to two (2) battery-powered or solar-powered candles may be placed on a grave site at Christmas and other dates of religious significance;

(8) Inflatable items, with the exception that up to one (1) balloon no larger than fourteen (14) inches in diameter may be placed on a grave site on special dates;

(9) Figurines or statuettes, with the exception that up to one (1) figurine or statuette of a religious subject (e.g., angel, saint, or the like) may be placed on a grave site on special dates provided it is placed upon a headstone or grave maker, is no more than twelve (12) inches in height, and is made of natural stone or cast concrete;

(10) An ornament or item of any type that:

a. Interferes with the maintenance of the cemetery; or

b. Presents a potential safety hazard to cemetery staff and the public; or

c. Offends or insults any segment of the population that resides in the community; or

d. Disrespects the hallowed ground of the cemetery; or

e. Disrupts the good order of the cemetery.

(d) Flags may be placed on the grave site of a veteran in accordance with the following rules:

(1) Up to one (1) American flag no larger than thirteen by eight inches (13″ × 8″) may be placed on a grave site on Veteran's Day, Memorial Day and Independence Day;

(2) Any flag remaining on a grave site after seven (7) days shall be removed by cemetery staff without the need for notice; flags so removed shall be delivered to the local chapter of the VFW for re-use or, if faded or damaged, shall be destroyed in a dignified manner in accordance with Title 4, Chapter 1, Section 8, U.S. Code ("Respect for the Flag").

(3) A length of one-quarter-inch (¼″) PVC extending no higher than six inches (6″) above the ground may be installed as a permanent receptacle for flags to be placed on dates that honor veterans.

(4) Small American flags no larger than six inches by four inches may (6″ × 4″) be incorporated into floral arrangements at all times during the year.

(e) All decorations shall be placed on a grave site at the owner's risk, and the city shall not be responsible for the loss of any decorations by any cause whatsoever.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2010-04, § 1, 3-16-10)
§ 2-645. Notice of noncompliance with rules and regulations.
Latest version.

(a) If a grave site is determined to be in violation of the rules and regulations of the cemetery, the cemetery manager shall place upon the grave site a flag or other marker that will serve as notification of the violation. If the violation is not corrected within thirty (30) days of flagging or marking the grave site, the cemetery manager shall remove the item(s) that are determined to be in violation of the rules and regulations at no risk to the city. Concurrent with the marking of the grave, the cemetery administrator shall forward written notice of the violation to the address on file with the city for the lot owner or his representative. If there is no address on file with the city, flagging or marking the grave site shall be the only notice required. Second and subsequent violations of the same rule or regulation shall not require notice, and the cemetery manager shall immediately remove the item(s) that are determined to be in violation at no risk to the city.

(b) With the exception of plantings, items removed from a grave site for violation of rules and regulations shall be placed in a bag that is sealed and labeled with the name of the deceased, the location of the grave site, and the date of removal from the grave site. The bag shall be stored by the city for a period of twelve (12) months. After the expiration of twelve (12) months, unclaimed bags shall be disposed of by the city. The city shall bear no liability for items so disposed.

(c) Trees, shrubs, or other plantings removed from a grave site may be transplanted to a common area of the cemetery or discarded, whichever is most appropriate.

(d) The cemetery manager shall maintain a record that lists items removed from a grave site, the name of the deceased, the location of the grave site, the date of removal from the grave site, the date claimed by the family or the date of disposal by the city, if applicable.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2010-04, § 1, 3-16-10)
§§ 2-646-2-650. Reserved.