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Home My WebLink AboutORD 3513BILL NO.29 ORDINANCE NO.3513 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-05, OF THE CALDWELL CITY CODE, REGULATING THE ERECTION OF MONUMENTS OR TOMBSTONES IN THE CANYON HILL CEMETERY; AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09- 11, OF THE CALDWELL CITY CODE, PERTAINING TO LIMITATIONS ON CARE OF CEMETERY SPACES BY AN OWNER OR OTHER PERSONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. That Chapter 4, Article 9, Section 04-09-05, of the Caldwell City Code, pertaining to "Erection of Monument or Tombstone" at the Canyon Hill Cemetery, be amended, as follows: 04-09-05: ERECTION OF MONUMENT OR TOMBSTONE: (1) It shall be unlawful for any person to place or allow to be placed any monument or tombstone on any lot in said cemetery except by permission of the sexton . and in accordance with the requirements of this.. chapter and of any additional rules and regulations, which may be adopted b Council resolution from time to time. Except where specifically allowed by this ordinance and Approved by the sexton, fit shall be unlawful for any person to place any footstone, fencing, curbing, retaining wall, or cornerstone around or upon any lot in said cemetery. All monuments and tombstones on any lots or graves shall be based with granite stone, and no monument or tombstone shall be composed of wood, tin, fabricated stone, or other fabricated material unless approved by the sexton. In addition to more articular limitations which may ayj)ly in s ecific areas of the cemete no headstone monument or other marker ma exceed thirty-eight 38" inches in height as measured from ground level. All headstones, monuments, or .other markers must be "wet set" into the concrete foundation using string -line and lot markers for placement guidance. (2) All monuments must be set by a monument company which has filed with the sexton, at or before the time of installation, a current liability insurance policy on each monument with a policy limit equal to or greater than the minimum designated by Council resolution. All monuments must have a cement foundation, PAGE - 1 providing a minimum four inc . six ineh (" ") concrete border surrounding said monument. (3) All foundations must be set at ground level. (4) Maximum foundation sizes are as follows: single space: forty-eight inches by twenty-four inches (48" x 24"); double space: ninety-six inches by twenty-four inches (96" x 24"). (5) Vases are permitted in all areas where they are not specifically prohibited in this Code or by the sexton. The sexton shall have authority to designate particular types or styles of vases to be placed on any mausoleum, as well as the size, format, pattern and font size of any niche or crypt faceplate contained in a mausoleum, to ensure uniformity among faceplates. No open can holes are permitted. (6) All monuments plaee must be gfeund level unless approved by sexton before installation and it is recommended that such monuments be approved by the sexton prior to purchase. (7) Section specific requirements: A. In block 58 and block 71, the maximum foundation size shall be thirty-six inches by twenty-four inches (36" x 24"). Only flat monuments are permitted. Flat vases are permitted. No epe£a-ean hek-s-er=upright vases are permitted. B. In the southern half of block 69, the first four (4) rows adjacent to Illinois Avenue must be flat monuments. In the northern half of block 69, the first eight (8) rows adjacent to Illinois Avenue must be flat monuments. All vases in block 69 must be flat when turned down. All other lots in block 69 may have upright monuments and vases. 8 On standard burials an outer container vault is required. In addition to traditional concrete vaults, Vantage Graveliner, or similar Polypropylene vaults, may be used for this purpose. Cremation burials do not require a vault. (9) The city is not responsible for maintenance of, wear and tear, or any other damage to markers, monuments, or foundations.. PAGE - 2 Section 2. That Chapter 4, Article 9, Section 04-09-011, of the Caldwell City Code, entitled, "Limitations on Care By Owner" at the Canyon Hill Cemetery, be amended, as follows: 04-09-11: LIMITATIONS ON CARE BY OWNER: (1) ShfubbeFy Planting: Except as specifically set forth in this subsection, no trees, shrubbery, flowers, or other plants of any kind may be planted in the cemetely by any person or entity other than the City of Caldwell. The planting of shrubbery will be permitted by private parties_ only by permission of the sexton in blocks 1 through 65 of the cemetery. Shrubbery planting is prohibited except by the city in blocks 66 through 70 and in all future blocks added to the cemetery. (2) Flowers And Decorations On Graves: Artificial and fresh cut flowers are permitted throughout the year so long as they do not restrict grounds maintenance. All other decorations (including, but not limited to, tubs and flowerpots, balloons, pinwheels, windsocks, wind chimes, toys, stuffed animals, planter boxes, flags, pictures, etc.) are not permitted, except during the period commencing one week before the designated holidays listed below, and €er-a period of endin one week thereafter: Valentine's Day, Easter, Mother's Day, Memorial Day, Father's Day, Veterans Day, Halloween, Thanksgiving, and Christmas. All decorations not expressly permitted above that are placed or left on graves more than a week after a designated holiday may be removed and disposed of at any time by cemetery personnel. At all times, the sexton shall have the authority to remove any decorations that he or she deems inappropriate, unsightly or messy, that are found by the sexton not to be in harmony with the overall development of the cemetery, or that are found by the sexton to be of such_a_type as to interfere with the city's ability to maintain the cemetery. (3) Flowers Around Mausoleum Buildings: With respect to mausoleum buildings, artificial and fresh cut flowers are allowed at all times in designated areas. All flowers may be removed by cemetery personnel when they become unsightly. The size of floral arrangements should not encroach on adjoining crypts and niches. Embellishment of vases, crypts or niche fronts with photographs, cards, toys, ribbons, pinwheels, etc., is not permitted, and any such items may be removed by cemetery personnel. Section 3. The Mayor and City Council recognize the reality that some headstones, monuments, and markers have been designed, manufactured, and ordered for future placement at the cemetery, based upon the regulations in existence prior to the adoption of this ordinance. In the event that any person received approval from an authorized representative of the City of Caldwell for placement of a headstone, monument, marker, or foundation at the cemetery, which proposed headstone, monument, marker, or foundation, or placement thereof, complied with the laws and regulations governing the cemetery at the time the request was initially approved, said person shall be permitted to proceed forward with said placement under said prior laws and PACE -•3 regulations, even if such headstone, monument, marker, or foundation, or placement thereof, would no longer be allowed following the effective date of this ordinance. Section 4. This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 5. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 6. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 19th day of September, 2023. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 19th day of September, 2023. Q7�W) - ". Mayor Jarom Wagoner of"Lo•''•• ..•••h �•., v. oA 0 JAN 15 Isa .• gjJ ATTEST: City Clerk, Debbie Geyer, (or Deputy) PACE - 4 ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3513 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL, AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-05, OF THE CALDWELL CITY CODE, REGULATING THE ERECTION OF MONUMENTS OR TOMBSTONES IN THE CANYON HILL CEMETERY; AMENDING CHAPTER 4, ARTICLE 9, SECTION 04-09-11, OF THE CALDWELL CITY CODE, PERTAINING TO LIMITATIONS ON CARE OF CEMETERY SPACES BY AN OWNER OR OTHER PERSONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Sections 1 and 2: Amends Chapter 4, Article 9, Section 04-09-05, of the Caldwell City Code, by clarifying and codifying certain requirements related to the size and placement of vaults, headstones, monuments, or other markers, including foundations, in the Canyon Hill Cemetery; amends Chapter 4, Article 9, Section 04-09-11 to identify the only location within the cemetery where planting of shrubbery may be permitted with the permission of the sexton, clarifying the holiday periods in which decorations other than artificial and flesh flowers may be placed on or near graves, and providing that the sexton may remove any decoration found to interfere with the city's ability to maintain the cemetery or found to not be in harmony with the overall development of the cemetery; and, providing that monument installations receiving approval prior to the effective date of the ordinance shall be permitted to proceed in accordance with the regulations in effect at the time of approval. Sections 3 through 5: Provides that this ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law; provides for severability; repeals conflicting ordinances, resolutions, and orders. Ordinance No. 3513 provides an effective date, which shall be on the 26th day of September, 2023. Ordinance No. 3513 was passed by the Council and approved by the Mayor on the 19th day of September, 2023. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 19th day of September, 2023, for publication on the 26th day of September, pursuant to Idaho Code § 50-901 A. Mayor Jarom Wagoner ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3513 and provides adequate notice to the public as to the contents of such ordinance. DATED this 19th day of September, 2023 Mark Hilty, Attorney for City of Caldwell �5