10638-18 Cemetery Fund-Related Ordinance

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d) Part of the proceeds derived from the sale of lots within a City-owned cemetery, but no greater than fifty percent(50%) of such proceeds,may be directed into each respective permanent maintenance fund established under this section. e) Income from a permanent maintenance fund established under this section shall remain in the fund,but may be used,in whole or in part,as the needs of the cemetery require, if the revenue from the sale of lots and other income generated by a City- owned cemetery becomes insufficient to meet the expense of maintaining the cemetery. Sec. 2-140. Maintenance and care of particular burial lots or plots of ground. a) If a gift, donation,bequest, or devise of money or real or personal property is given or made for the use of a particular lot or plot of ground, the income from the gift, donation,bequest, or devise may be used only for the maintenance and care of that particular lot or plot of ground. b) The Board of Public Works shall not assume liability for the preservation of the whole or any part of the principal received for the maintenance and care of a particular lot or plot of ground. c) The Board of Public Works shall not be obligated to expend for the maintenance and care of any particular lot or plot of ground in excess of the income earned and received from the legal investment of the principal. Sec. 2-141. Enlargement or extension of burial grounds in City-owned cemeteries. a) No person shall enlarge or extend any burial ground in a City-owned cemetery except in compliance with this section. b) Any person wishing to enlarge or extend any burial ground in a City-owned cemetery shall file with the Board of Public Works a petition setting forth the request and including an accurate description of the land constituting such enlargement or extension. c) The Board of Public Works shall indicate its approval of such a petition by written resolution, which shall include the specific description of ground to be enlarged or extended. d) No body may be buried in any enlargement or extension of burial ground in a City- owned cemetery prior to the approval of the Board of Public Works. Sec. 2-142. Rules of conduct for City-owned cemeteries. a) Any City personnel authorized by the Board of Public Works to enforce the rules and regulations of City-owned cemeteries may expel from a City-owned cemetery anyone who violates the rules of conduct under this section. Expulsion of a violator shall not preclude a subsequent prosecution for ordinance violation. b) The following conduct is prohibited in all City-owned cemeteries: (1) Driving a vehicle faster than fifteen (15)miles per hour; (2) Taking or removing any flower, tree, or shrub; (3) Defacing, disfiguring, or injuring any monument, fence, or other structure within the cemetery, though this subsection shall not prevent the alteration or removal of any structure or monument on a private lot or grave by persons so authorized; (4) Discharging firearms, except at military funerals and memorial celebrations; (5) Sitting upon, walking on, or otherwise occupying any private lot unless so authorized; (6) Using a City-owned cemetery for any purpose other than as a burying ground;