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Ord 637 Amending Chapter 78 Adding Town Owned CemeteriesTOWN OF WESTLAKE ORDINANCE 637 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING CHAPTER 78, RESERVING SECTIONS 78-41 THROUGH 78-59 OF ARTICLE II USE OF RIGHTS -OF -WAYS AND EASEMENTS AND ADDING ARTICLE, III TOWN OWNED CEMETERIES, SECTIONS 78-60; PROVIDING FOR THE NAME OF THE CEMETERY TO BE TOWN OF WESTLAKE CEMETERY; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake took ownership of the I.O.O.F. Cemetery on November 16, 2007, in order to provide an appropriate and dignified, publicly maintained interment for its citizens and others; and WHEREAS, on February 25, 2008, the Council approved funding to proceed forward with the development of a master plan. The initial funding covered the cost for the completion of a survey, ground scan and the purchase of accounting software; and WHEREAS, in order to provide a secure well maintained facility it is necessary to establish limitations on certain activities and the use of the facility as penal ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: Chapter 78 of the Town of Westlake Code is hereby amended by reserving Sections 78-41 through 78-59 and adding Article 11I. "Town Owned Cemeteries" as follows: Article IIh Town Owned Cemeteries See.78-60. The municipal cemetery located in and owned by the Town of Westlake, formerly known as the 1.O.O.F Roanoke Cemetery shall hereafter by known as the "Town of Westlake Cemetery." Sec. 78-61. The municipal cemetery of the Town of Westlake shall be reserved for the burial of human remains and the town manager or his designee shall have the authority to promulgate rules and regulations for its use, set fee schedules for services, determine prices for the sale of burial rights, and control the use of the facility. Sec. 78-62. No person shall purchase or allow any cemetery lot or niche to be used for any purpose other than the burial of human remains in accordance with the laws of the State of Texas. Sec. 78-63 No person, other than employees of the cemetery, shall visit or remain within the Ordinance 637 Page 1 of 3 cemetery grounds except between the hours 8:00 a.m. to 8:00 p.m., Monday through Saturday from April 1 through October 31 and 9:00 a.m. to 8:00 p.m. on Sundays and holidays from April 1 through October 31. No person, other than employees of the cemetery, shall visit or remain within the cemetery grounds except between the hours 8:00 a.m. to 4:30 p.m., Monday through Saturday from November 1 through March 31 and 9:00 a.m. to 4:30 p.m. on Sundays and holidays from November 1 through March 31. Sec. 78-64. No person shall use the cemetery land as a thoroughfare and the right to use automobiles or other vehicles in the cemetery is authorized solely and exclusively for the purpose of transporting persons to visit burial plots. The speed limit within the cemetery is ten (10) miles per hour. Parking and/or driving on any gardens or grassy areas are prohibited for purposes other than those obtained in writing from the Town Manager or designee. Sec. 78-65. No person shall use bicycles, skates, snowmobiles, motorcycles, horses, or other vehicles or conveyances within the cemetery, except with the approval from the Town Manager or designee. Dogs are not permitted except when kept on a leash or in a vehicle. Sec. 78-66. No person shall possess alcoholic beverages or illegal drugs in the cemetery. Sec. 78-67. Town staff shall have the right to enter upon or use any adjoining lot or lots to carry out its duties as to interments, erection of monuments or markers, etc., without prior notice to the lot owner. Sec. 78-68. No person shall cause a sign, notice or advertisement of any kind to be placed or brought in the cemetery unless placed by the Town Manager or designee. Sec. 78-69. No person shall peddle, sell, or solicit the sale of any goods or service within the cemetery, except with the written consent of the Town Manager or designee. Sec. 78-70. No person shall possess or cause to be place within the cemetery a glass container or decorative object or devotional light or any open flame device. SECTION 3: PENALTY Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for all violations involving this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 4: CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 5: SEVERABILITY CLAUSE It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section Ordinance 637 Page 2 of 3 of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6: SAVINGS CLAUSE All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7: PUBLICATION The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, and the effective date of this ordinance. SECTION 8: EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND AP THIS 191b DAY OF APRIL 2009. x¢ m Laura Wheat, Mayor ATTEST: Kelly lEdwarl, Town Secretary r WL FORM: ttorney -Afgti� T omasr, own Manager Ordinance 637 Page 3 of 3 II l�:11 tif 771M �. THE STATE OF TEXAS } COUNTY OF TARRANT ) I, /yam Noite , OFFICE MANAGER of the Alliance Regional Newspapers, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the fftst day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to - wit: 7 own o)e G/ezt fake O/Ld mance 637 ,4�1 28, 2010 Office Manager SUBSCRIBED AND SWORN TO before me on the 30th day of '4122 -ii , 2010 to certify whichess my hand and official seal. 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