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DISTRICT OF HOUSTON
HOUSTON CEMETERY BYLAW NO. 970, 2009
A BYLAW RELATING TO THE OPERATION AND MAINTENANCE OF THE
HOUSTON MUNICIPAL CEMETERY AND COLUMBARIUM
The Council of the District of Houston, in open meeting assembled,
enacts as follows:
PART 1 - DEFINITIONS AND INTERPRETATION
Title
1.
This Bylaw may be cited as the "District of Houston Municipal
Cemetery
BvlawNo. 970,
2009."
Definitions
2.
In this Bylaw:
"Board" means the Board of Cemetery
Trustees
"caretaker"
means the person
employed
by the District as caretaker
of the cemetery
and columbarium of the District or an authorized representative
of the caretaker;
"cemetery"
means
any area
of land set
aside,
owned, used or maintained
by the
District as a cemetery
within the municipal boundaries
and includes any columbarium
which may be located within the cemetery;
"cemetery
care
fund"
means
a
portion
of the
interment
costs
set
aside
for
maintenance
of the cemetertr,
"cemetery
manager"
means the Director of Engineering & Development
Services for
the District or an authorized representative
of the Director of Engineering & Development
Services;
"columbarium"
means a structure
or part thereof that contains, as an integral part of
the structure or building, niches for the interment of cremated remains;
"Corporate
Officer"
means
the
Director of Corporate
Services
for the
District of
Houston,
who holds the
responsibility of corporate
administration
or an authorized
District of Houston Cemeterv BvlawNo. 970 2009
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2 of 15
"disinterment"
means
the
removal
of human
remains,
along with the
casket
or
container holding human remains, from the plot or niche in which the human remains
had been interred;
"District" means the District of Houston;
"exhumation"
means
the exposure
of interred
human
remains
for viewing or for
examination, whether in or removed from the plot in which the human remains had been
interred;
"Financial
Officer" means the person appointed, by Council, with the responsibility of
financial administration;
"immediate
relative" means spouse, son, daughter, mother or father.
"interment"
means disposition by:
(a)
burial of human remains or cremated remains in a plot, or
(b)
inurnment of cremated remains in a columbarium;
"Medical Health Officer" and "Health
Officer" means the person duly appointed from
time to time to act as Public Health Officer for the District;
"niche"
means each individual compartment
in a columbarium used or intended to be
used for the interment of cremated remains;
"non-resident"
means a person who does not meet the definition of resident;
"p|ot"
means
a space
of ground in a cemetery
used or intended to be used for the
interment of human remains or cremated remains under an Interment Permit;
"p|ot
|iner"
means a rigid shell structure to cover a casket for an interment and includes
a wooden container used to hold a casket;
"resident"
means a person who has resided
or owned land within the District for 30
days or more prior to the issuance
of a Cemetery Licence;
"urn"
means
a container used to store cremated
human remains and which may be
designed to contain the remains of more than one person.
3.
Wherever the singular or masculine
is used in the Bylaw the names shall be deemed to
include the
plural or the feminine or the body politic or corporate,
and also their
District of Houston Cemeterv BvlawNo. 970 2009
Pace 3of 15
PART 2
-- APPLICATION AND ADMINISTRATION
Application
of Bylaw and Cremation,
Interment
and Funeral Services
Act
4.
The regulations hereby established
shall apply to all cemeteries
and co/umbaria of the
District as described
in Section 5, and these regulations shall be observed
for interment
of the dead therein and for the management,
operation and preservation
of same,
and
the terms, conditions and fees set out herein shall apply to every use of plots or niches
within such cemetery,
provided however, that notwithstanding anything herein contained,
the Administration of the cemetery
shall at all times be carried out in conformity with the
applicable requirements
of the "Cremation,
Interment and Funeral Seri/ices Act" and the
regulations made pursuant thereto.
Cemetery
Designation
5.
The following described real property owned by the District which have been set aside,
held, laid out, developed,
improved, used and maintained as a municipal cemetery
and
dedicated for such use by Bylaw shall continue to be used, operated and maintained for
such purpose and shall not be used for any other purpose:
(a)
District Lot 2156, Range 5, Coast Range 5 Land District;
Civic Address:
3480 Viewmont Court
in the District of Houston, Province of British Columbia
known as the "Houston Municipal Cemetery"
(b)
Lot 1, Plan 3826, District Lot 2109, Range 5, Coast Range 5 Land District, except
Plan 4917, 5975 and 8403, PRP 14367
Civic Address:
3481 Viewmont Court
in the District of Houston, Province of British Columbia
Establishment
of Columbarium
6.
The District hereby establishes,
within the Houston Municipal Cemetery
a columbarium,
which shall be managed and regulated in accordance
with the provisions of this Bylaw.
Cemetery
Plans
7.
The original plans of the cemetery and the Columbarium shall be kept available for public
inspection
in the
Municipal Office and
at such
other
places
as
may
be deemed
District of Houston
Cemetery
Bylaw No. 970 2009
Pace 4 of 15
Administration
of Bylaw
9.
This Bylaw shall be administered by the Corporate Of?cer.
10.
The Corporate Of?cer shall issue all licenses and permits required by this Bylaw, subject
to the provisions of this Bylaw.
11.
The Corporate
Officer shall maintain records
as necessary
for the administration and
management
of the
cemetery
and
as
required
by the
"Cremation,
Interment
and
Funeral Sen/ices Act."
PART 3
-- CEMETERY LICENCING
Cemetery
Licencing
12.
Cemetery
Licence
for any one
or more plots or niches
which may be vacant and
unlicensed
in the cemetery
may be granted to any person paying the fees according to
the scale of fees set out in Schedule
"A" attached to this bylaw for the exclusive use by
him, or his executors
or administrators.
13.
The Board shall have the right to refuse to sell the use of more than two plots or niches
to any one individual.
14.
All Cemetery
Licences
issued for the use of a plot or niche shall be subject to the
provision of this Bylaw and all Bylaws and regulations now or hereafter to be passed
by
the Council.
Cemetery
Licence Applications
15.
All applications
for the Cemetery
Licence shall be made
at the District of Houston
Municipal
Office between
regular
business
hours on all days
of the week
except
Saturday,
Sunday,
statutory holidays, and in case of emergency as described
in Section
44, on the application form provided by the Corporate Officer.
Form of Cemetery
License
16.
AllCemetenxLicences issued shall be in the form provided by the Corporate Of?cer.
Cemetery
License
Transfers
District of Houston
Cemetery
BvlawNo. 970
2009
19.
Paue 5 of 15
The right to use any 'vacant' plot or niche may be transferred
to another
person,
provided that:
(a)
the
Licence
holder
or his
legal
representative
signifies,
in writing, to the
Corporate Of?cer, his desire to transfer his right to another person;
(b)
the
Corporate
Officer is furnished
full particulars
of the
name,
address,
occupation,
or other description of the person to whom such transfer is desired to
be made, and the consideration to be paid therefore;
(c)
if the person to whom the plot or niche is to be transferred is not a resident of the
District, the difference between the non-resident
Licence fee and the resident
Licence fee calculated
in accordance
with Schedule
"A", if not paid by the
original purchaser,
shall be paid to the District at the time of the application for
transfer;
(d)
after the transfer is effected, any interment made in the plot or niche shall be
subject to the Interment Permit fees and any other fees related to the interment,
including memorial charges
if applicable, specified in Schedule
"A", at the time
of application for an Interment Permit.
Repurchase
of Plot or Niche
20.
The District may, on application by the Licence holder, repurchase
any vacant
plot or
niche from the holder thereof, for the original amount paid for the plot or niche.
Such
repurchase
shall not be permitted where an exhumation has occurred.
Rectifying
Licencing
Errors
21.
if an error is made in the contract of sale, description or transfer of a plot or niche and
the plot or niche is unavailable,
the District shall amend the contract to provide another
plot or niche of equal or greater
value and similar location acceptable
to the Licence
holder or to the person with the right to control the disposition of the human remains
in
accordance
with the "Cremation, Interment and Funeral Services
Act' or, the District
shall cancel the contract and refund the full amount of money paid plus accrued interest
at a prescribed
rate.
PART 4
--
INTERMENT
Interment
District of Houston
Cemetery
Bylaw No. 970 2009
Page
6 of 15
24.
No interment of a body or cremated remains shall be made until an Interment Permit has
been obtained from the District.
Interment
Permit
25.
An Interment Permit for an interment in compliance with the provisions of this Bylaw may
be granted to any holder of a valid Cemetery Licence after that person pays all the fees
therefore and all fees for any related interment
requirements,
according to the scale of
fees set out in Schedule
"A".
26.
All Interment
Permits
must
be obtained
at least thirty-six (36) hours,
exclusive
of
Saturdays,
Sundays,
or statutory
holidays, before the interment may take place, except
in the case:
(a) where
the
Health
Officer directs
otherwise,
pursuant
to the
Health Act
Communicable Disease
Regulation; or
(b) where the cemetery manageris
satisfied that a shorted notice is necessary.
Interment
Permit Applications
27.
All applications
for an Interment
Permit shall be made
at the
District of Houston
Municipal Office between
regular
business
hours
on all days
of the week
except
Saturday,
Sunday,
statutory holidays and in cases of emergency as described in Section
44, by the immediate relatives of the deceased
or their representative
authorized
by
them to make such arrangement
for the deceased,
or by other authorized persons,
on
the application form provided by the Corporate Officer.
28.
Any person who makes application for an Interment Permit shall furnish the Corporate
Officer a statement
including the name, sex, age and address
of the deceased,
date of
death, date and time of the interment, whether or not the deceased
at death was known
to have had an infectious or contagious
disease
or other disease
dangerous
to public
health, a copy of the burial certificate or death certificate issued by the Director of Vital
Statistics under the provisions of the Vital Statistics Act, and such other information as
may reasonably
be required
by the
Corporate
Of?cer to ensure
conformity with the
provisions of this Bylaw.
Form of Interment
Permit
29.
AllInterment Permits issued shall be in the form provided by the Corporate
Officer.
District of Houston Cemeterv Bylaw No. 970
2009
32.
33.
Pane 7 of 15
The
maximum
interments
in a columbarium
niche may consist
of two (2) single
cremation
urns or one
(1) cremation
urn specifically
made
to hold the cremated
remains of two (2) people.
A single Cemetery Licence for a plot or niche is sufficient for multiple interments
in a
plot or niche,
but all other
Interment
Permits
and
other
service
fees
set
out
in
Schedule
"A" shall apply.
Interment
Regulations
34.
35.
36.
37.
38.
39.
40.
41.
Upon using any Interment Permit for the cemetery,
the Corporate Of?cer shall notify
the
caretaker
before the
time of the intended
interment,
giving the name
of the
deceased
and the number and location of the plot or niche concerned.
Each interment of a body or cremated remains shall be made using a plot liner.
Each interment of a body shall be made in a plot dug to a depth sufficient to provide for
not less than 0.8 meters (2.6 feet) of earth between the upper surface of the plot liner
and the level of ground surrounding the plot.
Each interment of cremated
remains in a plot shall be made in a plot dug to a depth
sufficient to provide for not less than 0.4 meters (1.3 feet) of earth between the upper
surface of the cremation um and the level of ground surrounding the plot.
A cremation
urn of approved
non-deteriorative
material, no greater than twenty-nine
(29) centimeters
(11.5 inches)
in height, shall be used for each interment or cremated
remains
in a plot.
Except as provided in Sections 40 and 44 all interments shall take place between the
hours of 8:30 a.m. and 3:00 p.m. on all days of the week except
Saturday,
Sunday,
and statutory holidays.
interments
may take place after regular interment
hours and on Saturdays,
Sundays
and Statutory
Holidays provided the cemetery
manager
has granted
his prior written
approval and the additional fees set out in Schedule
"A" have been paid.
No plot shall be dug or opened
and no niche shall be opened or closed by any person
other than the caretaker or other person duly authorized by the cemetery manager.
Rectifying
Interment
Errors
42.
Ifan error is made and human remains or cremated remains are interred in the wrong
District of Houston Cemetew BvlawNo. 970 2009
Pace 8 of15
PART 5
-- COMMUNICABLEDISEASE
Communicable
Disease
43.
44.
45.
46.
The Corporate
Officer, the cemetery
manager,
or the caretaker,
upon receiving
a
request
to handle the body of a person
who died from anthrax,
plague
or viral
hemorrhagic fever, shall immediately report the request to the Medical Health Of?cer.
Where the Medical Health Officer directs, pursuant to the Health Act Communicable
Disease
Regulations
or otherwise, that a body be buried in a cemetery
during any
period when the Districts offices are closed, permission to inter in a cemetery shall be
obtained from the cemetery
manager,
or in his absence,
the Corporate
Officer, or the
caretaker.
Where
a body delivered to a cemetery
for interment is subject to directions
of the
Medical Health Of?cer under the terms
of the Health Act Communicable
Disease
Regulations,
the person delivering the body to the cemetery
shall inform the caretaker
of the directions given by the Medical Health Of?cer respecting
the interment
and
those
directions
shall be fully and completely followed by those
who perform the
interment.
The caretaker who performs an interment under the conditions of Sections 44 or 45
shall furnish the Corporate Of?cer full particulars of the interment as soon after such
interment as the Districts offices are opened,
and the representative
of the deceased
shall furnish the Corporate Of?cer with full details of the deceased,
as required by
Section 28, together with such fees as may be required in accordance
with Schedule
"A" as soon after such interment as the District's offices are opened, and the person
who permitted the interment shall report the matter to the Corporate
Of?cer as soon
after such interment as the District's offices are opened.
PART 6
-- EXHUMATION
Exhumation
47.
No person shall exhume the remains of a deceased
person who has been interred in a
plot unless:
(a)
they have obtained a written order or permit in accordance
with the requirements
of the "Cremation,
Interment and Funeral Sen/ices
Act" and presented
that order
to the Corporate Of?cer, or
(b)
the Corporate Of?cer receives
a written request to do so from a person with the
right to control the disposition
of the human
remains
in accordance
with the
and
the
District of Houston Cemeterv BvlawNo. 970 2009
49.
50.
Parts 9of 15
Upon receiving an order for exhumation
from the proper authority as required
by
Section 48 (a), or after granting permission in writing to exhume, the Corporate
Officer
shall notify the caretaker
before the time of the intended exhumation, giving the name
of the deceased
and the number and location of the plot concerned.
During exhumation,
the caretaker
or other person duly authorized
by the Corporate
Services
shall open to the top of the casket
only.
The Funeral
Director must be
present
to complete the exhumation.
PART 7
-- CEMETERY PLOT SPACES
Plot Spaces
51.
Plot Spaces
shall be of the following sizes:
(a)
Full Plot
--
Plots not less than 2.75 meters
(9 feet) in length by 1.2 meters
(3.94
feet) in width;
(b)
Small Plot
--
Plots not less than 1.4 meters
(4.6 feet) in length by 1.2 meters
(3.94
feet) in width;
(c)
Cremation
-- Plots not less than 0.9 meters (2.95 feet) in length by 0.9 meters (2.95
feet) in width.
PART 8
-- COLUMBARIUM NICHES
Columbarium
Niches
and Urns
52.
53.
54.
55.
The size of the niche and the size of the cremation
urns limit the number of urns
permitted within a niche but in general each niche may contain a maximum of two (2)
single
urns and their cremated
remains
or one
(1) double um and
its cremated
remains.
Urns to be placed
in niches shall be made of metal, stone,
porcelain,
or other pre-
approved
non-deteriorative matter, and must be manufactured for the express purpose
of containing cremated remains.
No alterations
or embellishments
of the columbarium or niches
shall be undertaken
without written approval of the cemetery manager.
The
District
reserves
and shall have
the
right to remove,
alter
or change
any
improvements,
alterations
or embellishments
made without written approval of the
cemetery
manager at the expense of the niche licensee.
District of Houston Cemetery
BvlawNo. 970 2009
Paoe10of15
57.
58.
59.
Artificial flowers or cut flowers, wreaths
and floral offerings may be placed on plots in
the cemetery.
At the
columbarium,
only fresh
cut flowers may be placed
at the
base
of the
columbarium.
The caretaker
may remove any artificial flowers or cut flowers, wreaths
and floral
offerings from plots or niches when,
in his opinion, their condition deters from the
beauty of the cemetery or columbarium.
PART 10
-- MEMORIALS
Memorials
-- General
60.
61.
62.
63,
All memorials
in the
cemetery,
including columbarium
memorial
nameplates
and
memorial portrait enclosures,
shall be:
(a)
consistent with the provisions of this Bylaw and supplied at the expense
of the
licensee; and
(b)
installed,
or
removed,
only
by the
caretaker,
unless
written
authorization
othenNise has been provided by the cemetery manager.
No person shall place, or cause to have placed,
any memorial on any plot or niche,
until the Cemetery
Licence, Interment Permit, Care Fund, and all other cemetery fees
and charges set out in Schedule
"A" are fully paid, including the installation fees and
Care Fund fees in respect of each memorial to be placed.
The District shall not be responsible
for damage
to memorials
caused
by natural
weathering or deterioration, vandalism, or faulty construction.
The District will not be responsible for any damage or loss to pictures on memorials,
niche nameplates,
or portraits or their enclosures,
except where it can be determined
to be a result of maintenance
operations.
Cemetery
Plot Memorials
64.
65.
No plot shall be defined by a fence,
railing, coping, hedge or by other markings except
by a memorial as set out in Section 85 or approved
under Section 66, or by a curbing as
set out in Section 69.
One
memorial
may be
installed
on plots
for each
interment
therein
provided the
District of Houston Cemeterv BvlawNo. 970 2009
66.
67.
68.
69.
Paae'l1of15
(C) no memorial shall have a greater length than 91.4 centimeters
(36 inches), a greater
width than 61 centimeters
(24 inches),
nor a greater
height than 91.4 centimeters
(36 inches),
though notwithstanding
the foregoing,
in the case
of memorials
for
cremated
remains within cremation plots the maximum size memorial permitted may
be excessive
relative to the actual plot space available for such memorials and this
must be taken into consideration
by the person wishing to install the memorial so
that the placement of the memorial does not exceed the boundaries of the plot.
Any person wishing to install on any plot a memorial other than as set out in Section 65
of this Bylaw shall submit to the cemetery
manager, prior to creation of the memorial, a
plan of the memorial, showing its size by dimension, siting on the plot, elevation, design,
and type of material.
The cemetery manager,
upon receiving an application in accordance with Section 65,
willreview the application, and may grant permission to erect such a memorial if, in his
opinion, it willnot: create undue maintenance
difficulties; extend beyond the boundaries
of the plot; post any safety hazards to visitors or workers; or, is not out of character for
the cemetery,
and provided the applicant
enters
into any special agreement
with the
District deemed
necessary
regarding
any
aspect
of the
memorial
including
its
installation, care and maintenance,
temporary
or permanent removal.
Any application
to install a memorial
in accordance
with Section
65 will not
be
considered
within one (1) year from the date of an interment
in the plot, to allow for
settlement of the ground within the plot.
Any curbing defining a grave space shall be made of concrete laid flush with the level of
the ground, and the area surrounded
by the curbing shall be filled with such material as
will prevent the growth of vegetation.
Temporary
Removal of Memorials
70.
The caretaker may arrange for the temporary removal of a memorial without the owner's
permission if, during the excavation of an adjoining plot, the memorial is found to be a
hazard to the safety of workers in the excavation or to gain access to a plot for grave site
preparation. The memorial shall be replaced in its original position on the plot from which
it was removed as soon as possible after the excavation has been filled, and the owner
of the memorial shall not be charged
with the cost of the work, and the District shall
repair at its expense any damage occasioned
to the memorial so removed and replaced.
In cases
where
the
memorial
removed
was
previously
installed
without
proper
authorization, or where the owner of the memorial has entered
into an agreement
with
District of Houston
Cemetery
Bylaw No. 970
2009
72.
73.
73.
Paoe12of15
In order to maintain continuity of design
of the columbarium, and to ensure
that all
niches with cremated remains interred are memorialized,
the cost of a niche memorial
nameplate,
and its installation fee, in accordance
with the fees established
in Schedule
"A" are included in the Cemetery
Licence fee for a niche.
One
memorial
nameplate
is permitted for each
niche, conforming
to the
following
specifications:
(a)
engraving purchased through the District of Houston; and
(b)
inscriptions
shall consist
solely of given names
and/or
initials and
surname
together with years of birth and death; and one line of text.
A maximum of two (2) memorial portrait enclosures
are permitted per niche conforming
to the following specifications:
(a)
purchased
through the District of Houston; and
(b)
only pictures of the deceased
are allowed to be affixed to the face of a niche; and
(c)
pictures
must be secured
in the portrait frames
by appropriate
adhesives
or
sealants.
PART 11
-- CEMETERY CARETAKER
Cemetery
Caretaker
74.
Caretakers
may be appointed by the cemetery manager and the duties of the caretaker
so appointed shall, among other things, be:
(a)
to dig and prepare,
open and close all plots required and open and close all
niches required, whenever
ordered to do so by the cemetery manager,
(b)
to install all memorials, and to install all niche portraits;
(c)
to ensure
the general
maintenance
work of the cemetery
that is necessary
to
keep it in a neat and tidy condition is carried out, including, but not limited to the
maintenance
of landscaping
features,
lawns,
paths,
gates,
fences
and other
cemetery
improvements;
District of Houston
Cemetery
Bylaw No. 970 2009
Pacle 13of 15
PART 12
--
FEES AND CHARGES
Fees and Charges
75.
76.
The fees for Cemetery
Licences, Interment Permits or Disinterment services,
use and
care of plots, use and care of niches, memorials and their installation, and the charges
for goods offered for sale by the District for use in the cemetery,
and any other cemetery
fees, shall be those set out in Schedule
"A" attached to and forming part of this Bylaw.
Where
extra
labour
charges
are
incurred
after regular
business
hours,
excluding
inlerments and disinterments
on Saturdays,
Sundays
or statutory holidays which have a
fee established
in Schedule
"A", these charges
willbe done through a work order and
invoiced accordingly as set out in Schedule
"A."
Payment
77.
The fees set out in Schedule
"A", shall be paid in advance at the Districts office at the
time of application for a Cemetery
Licence, Interment Permit, or disinterment permission,
and at the time of purchase
any goods or services sold by the District in connection with
the operation of the cemetery.
Indigence
78.
In cases
of poverty,
the Board may consider applications
for the remission of fees in
whole or in part, and in any such case the Corporate Officer may remit such fees in
whole or in part.
PART 13
-- CARE FUND
Care Fund
79.
80.
81.
A Care Fund shall be established
and administered in accordance
with the "Cremation,
Interment and Funeral Sen/ices
Act" and with the procedures
hereinafter set out.
A bank account shall be established
to be known as the "Cemetery
Care Fund Account"
into which the Financial Officer shall deposit all funds received for Care Fund purposes,
pending investment
as herein provided.
The Financial Of?cer shall pay into the "Cemetery Care Fund Account," from the amount
received for each CemetenxLicence sold, the fee so specified in Schedule
"A", except
in those cases where a different amount is approved by the director.
District of Houston
Cemetery
Bylaw No. 970 2009
84.
85.
Paqe14of15
The income from the Care Fund including any appreciation thereof, shall be used for the
sole purpose
of operation
and maintenance
of the plots or niches
licenced and the
cemetery
of which they form part, and the original principal sum of such fund as
established
from time to time, shall be maintained at all times.
A separate
account of all monies received under the provisions of this Bylaw and of all
monies expended
in relation to the cemetery shall be kept by the Financial Officer and
any surplus
remaining of receipts over expenditures
shall be paid at the end of each
financial year into the "Cemetery
Care Fund Account" and shall be invested
by the
Financial Of?cer as per Section 84 and the interest derived from such investment
shall
be expended
on the operation and development
of the cemetery.
PART 14
-- GENERAL
General
86.
87.
88.
89.
90.
91.
92.
93.
94.
No person shall damage,
destroy,
mutilate, deface, injure, or remove, any plot, niche,
marker, monument,
memorial, fence,
gate, railing, or other work, structure or any other
improvement
in the cemetery.
No person shall willfullydestroy,
cut, break, or injure any shrub or plant in the cemetery.
No person shall play any game or sport in the cemetery.
No person
shall willfully or unlawfully disturb persons
assembled
for the purpose
of
interring a body or cremated remains in the cemetery.
No person shall commit a nuisance,
or behave in an indecent and unseemly
manner, at
any time in the cemetery.
Any person
not behaving
with proper decorum within the cemetery,
or disturbing the
quiet and good order of the cemetery,
may be evicted by the caretaker.
No person shall deposit any rubbish or offensive matter or thing in the cemetery.
No person shall drive a vehicle in the cemetery
at a speed exceeding
15 kilometers per
houn
All vehicle movements
within the cemetery grounds shall be subject to the direction and
orders of the caretaker.
District of Houston Cemeterv BvlawNo. 970 2009
Page
15 of 15
98.
No person shall solicit orders for markers, tablets, memorials, or like works within the
limits of the cemetery.
PART 15
-- OFFENCES AND PENALTIES
Violation and Penalty
99.
Every person who violates any of the provisions of this Bylaw, or who causes,
suffers, or
permits
any act or thing to be done in contravention or in violation of any of the
provisions
of this Bylaw, or who refuses,
neglects
or refrains from doing anything
required to be done by any of the provisions of this Bylaw, or who fails to comply with
any order, direction or notice given under this Bylaw, is guilty of committing an offence
against
this Bylaw and is liable on summary
conviction to a fine not exceeding
Ten
Thousand
Dollars ($10,000.00)
or to imprisonment for not more than six (6) months, or
to both, and the cost of prosecution.
100.
Where an offence under this Bylaw is of a continuing nature, each day that the offence
continues
or is permitted to exist shall constitute a separate
offence.
PART 16
-- SEVERABILITY
Severability
101.
If any section, subsection,
clause, sub clause, phrase
or any other part, of this Bylaw is
for any reason
held to be invalid, void or ineffective by the decision of any court of
competent
jurisdiction, the part in question is to be severed
from the rest of this Bylaw
and that does
not affect the validity of the remainder
of this Bylaw, which is to be
interpreted
and applied as ifthis Bylaw had been enacted without the severed part.
PART 17
-- REPEAL
Repeal
102.
The "District of Houston Cemeterv BvlawNo. 738, 1997 and its amendments
are hereby
repealed.
READ A FIRST TIME this
20"'day of
October,
2009
READ A SECOND TIME this 20*"day of October,
2009
READ A THIRD TIME this 20" day of October, 2009