Ordinance No. 712

AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED “AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, AND SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION; AND FOR SAID PURPOSES TO DIVIDE THE MUNICIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE, AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS; TO PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS ENFORCEMENT.”

BE IT ORDAINED BY THE CITY OF PHILADELPHIA, MISSISSIPPI:

SECTION I: That Ordinance Number 515, entitled “An Ordinance to regulate and restrict the location and use of buildings, structures, and land for trade, industry, residence, or other purposes, the weight, number of stories, and size of buildings and other structures, the size of yards and other open spaces, off-street parking and loading, and the density of population; and for said purposes to divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out these regulations; to prescribe penalties for the violation of its provisions and to provide for its enforcement,” passed and adopted by the Mayor and Board of Aldermen of the City of Philadelphia, on the 20th day of October, 1987, and recorded on pages 410 through 410, all inclusive, of Ordinance Book 4 of the City of Philadelphia, Mississippi, be and the same is hereby amended by changing:

To remove the following described property, to wit: Lot 24, Block G, and J.D. Land Addition to the City of Philadelphia. Property address: 267 Davis Street, Philadelphia, MS 39350; Parcel No. 05225A-00C-024.000 PPIN #4124

From Zone R-1 to Zone R-3.

SECTION II: This Ordinance shall take effect and be in force from and after its passage and due publication.

The above and foregoing Ordinance was first reduced to writing, read and considered by sections, and read and considered as a whole and adopted with the following Aldermen voting as follows:

Alderwoman Janice Payne voted Aye Alderman Joe Tullos voted Aye Alderman Roy White voted Aye Alderman Ronnie Jenkins voted Aye Alderwoman Cecil Nichols voted Aye

This Ordinance was declared adopted by the Mayor, James A. Young, on this the 20th day of October, 2010.

APPROVED: James A. Young, Mayor

ATTEST: James M. Johnson, City Clerk

# City of Philadelphia ## Cemetery Ordinance Amendment ### Ordinance No. 407

An Ordinance governing the management, control and protection of cemeteries within the city limits of Philadelphia, Mississippi, which are owned and maintained by the City of Philadelphia, Mississippi.

**Sec. 5-1. Perpetual easement for interment, definition, signing, delivery and prior land conveyances honored.**

(a) The perpetual easement for interment, also commonly referred to as rights to inter or interment rights, is a contract between the purchaser and the city for the purpose of allowing the right to be interred in a described piece or parcel of land and at a scheduled price for lot size and perpetual care as set by the city. Only human remains may be interred in the cemetery. The perpetual easement for interment does not convey the transfer of land title.

(b) The City of Philadelphia shall adopt policies from time to time regarding interment rights and prior cemetery deeds to further clarify and set forth limitations. The city will honor all previously issued deeds.

(c) Except for family transfers by will or intestate succession, the sale, transfer or assignment of interment rights to any person other than the city is strictly prohibited.

(d) The city may purchase interment rights of unused parcels at the cost of the purchase price pro-rated according to unused size, less interment right transfer fees. Transfer of perpetual easement for interment to heirs by will or intestate succession, must be made by the owner and the deed must be presented before the grave is dug. It is not the City of Philadelphia's responsibility to maintain records of transferred deeds. It is the city's intention to honor the last will and testament of a decedent and the rights to inherit. The city may require proof of any rights claimed by family members. The city is not responsible for any transfer of interment rights by will or through heirs concerning previous interments in lots.

**Sec. 5-2. Entering grounds, visiting hours, office hours and entrance.**

(a) No person shall enter any cemetery during the hours from sunset in the evening until sunrise the following morning without permission from the cemetery manager.

(b) Cemetery office contact hours are between 7:30 a.m. and 3:00 p.m., Monday through Friday, excluding municipal holidays.

**Sec. 5-3. Monuments, headstones, fencing, enclosures, railings, vaults, trees; consent and supervision required.**

(a) It shall be unlawful for any person to place, erect or set up any headstone, statue, monument, stone, brick or marble work of any kind in a lot in the city cemetery without first having the notified the cemetery manager and having approval of the placement, size, foundation and other factors that may be relevant or hazardous to the subject lot or adjacent lots, depending upon the characteristics of the headstone or monument.

(b) There shall be no fencing, railings, or enclosures including walls and copings, constructed or placed in the city cemetery from this time period forward. Existing structures may continue to exist and shall be maintained. If structures are not maintained, the cemetery manager has the authority to remove said structures.

(c) There shall be no gravel, rocks, slag, etc., placed at the grave site. All graves shall only have grass placed on them.

(d) Flowers, vases, wind chimes, etc., will only be allowed if placed directly on the headstone. If said items are placed on or around the gravesite, they will be removed by the cemetery department.

(d) It shall be the responsibility of the individual or the monument company to procure the consent of the cemetery manager before a monument, headstone or corner marker is placed on a lot. Supervision by cemetery manager may be required.

(e) There shall be no trees planted in the city cemetery except by the city.

(c) Except for family transfers by will or intestate succession, the sale, transfer or assignment of interment rights to any person other than the city is strictly prohibited.

(d) The city may purchase interment rights of unused parcels at the cost of the purchase price pro-rated according to unused size, less interment right transfer fees. Transfer of perpetual easement for interment to heirs by will or intestate succession, must be made by the owner and the deed must be presented before the grave is dug. It is not the City of Philadelphia's responsibility to maintain records of transferred deeds. It is the city's intention to honor the last will and testament of a decedent and the rights to inherit. The city may require proof of any rights claimed by family members. The city is not responsible for any transfer of interment rights by will or through heirs concerning previous interments in lots.

Sec. 5-2. Entering grounds, visiting hours, office hours and entrance. (a) No person shall enter any cemetery during the hours from sunset in the evening until sunrise the following morning without permission from the cemetery manager. (b) Cemetery office contact hours are between 7:30 a.m. and 3:00 p.m., Monday through Friday, excluding municipal holidays.

Sec. 5-3. Monuments, headstones, fencing, enclosures, railings, vaults, trees; consent and supervision required. (a) It shall be unlawful for any person to place, erect or set up any headstone, statue, monument, stone, brick or marble work of any kind in a lot in the city cemetery without first having the notified the cemetery manager and having approval of the placement, size, foundation and other factors that may be relevant or hazardous to the subject lot or adjacent lots, depending upon the characteristics of the headstone or monument. (b) There shall be no fencing, railings, or enclosures including walls and copings, constructed or placed in the city cemetery except by the city. Existing structures may continue to exist and shall be maintained. If structures are not maintained, the cemetery manager has the authority to remove said structures. (c) There shall be no gravel, rocks, slag, etc., placed at the grave site. All graves shall only have grass placed on them. (d) Flowers, vases, wind chimes, etc., will only be allowed if placed directly on the headstone. If said items are placed on or around the gravesite, they will be removed by the cemetery department. (e) There shall be no trees planted in the city cemetery except by the city.

(d) It shall be the responsibility of the individual or the monument company to procure the consent of the cemetery manager before a monument, headstone or corner marker is placed on a lot. Supervision by cemetery manager may be required.

# City of Philadelphia ## Cemetery Ordinance Amendment ### Ordinance No. 407

An Ordinance governing the management, control and protection of cemeteries within the city limits of Philadelphia, Mississippi, which are owned and maintained by the City of Philadelphia, Mississippi.

Sec. 5-1. Perpetual easement for interment, definition, signing, delivery and prior land conveyances honored.

(a) The perpetual easement for interment, also commonly referred to as rights to inter or interment rights, is a contract between the purchaser and the city for the purpose of allowing the right to be interred in a described piece or parcel of land and at a scheduled price for lot size and perpetual care as set by the city. Only human remains may be interred in the cemetery. The perpetual easement for interment does not convey the transfer of land title.

(b) The City of Philadelphia shall adopt policies from time to time regarding interment rights and prior cemetery deeds to further clarify and set forth limitations. The city will honor all previously issued deeds.

(c) Except for family transfers by will or intestate succession, the sale, transfer or assignment of interment rights to any person other than the city is strictly prohibited.

(d) The city may purchase interment rights of unused parcels at the cost of the purchase price pro-rated according to unused size, less interment right transfer fees. Transfer of perpetual easement for interment to heirs by will or intestate succession, must be made by the owner and the deed must be presented before the grave is dug. It is not the City of Philadelphia's responsibility to maintain records of transferred deeds. It is the city's intention to honor the last will and testament of a deceased and the rights to inherit. The city may require proof of any rights claimed by family members. The city is not responsible for any transfer of interment rights by will or through heirs concerning previous interments in lots.

Sec. 5-2. Entering grounds, visiting hours, office hours and entrance. (a) No person shall enter any cemetery during the hours from sunset in the evening until sunrise the following morning without permission from the cemetery manager. (b) Cemetery office contact hours are between 7:30 a.m. and 3:00 p.m., Monday through Friday, excluding municipal holidays. Sec. 5-3. Monuments, headstones, fencing, enclosures, railings, vaults, trees; consent and supervision required. (a) It shall be unlawful for any person to place, erect or set up any headstone, statue, monument, stone, brick or marble work of any kind in a lot in the city cemetery without first having the notified the cemetery manager and having approval of the placement, size, foundation and other factors that may be relevant or hazardous to the subject lot or adjacent lots, depending upon the characteristics of the headstone or monument. (b) There shall be no fencing, railings, or enclosures including walls and copings, constructed or placed in the city cemetery from this time period forward. Existing structures may continue to exist and shall be maintained. If structures are not maintained, the cemetery manager has the authority to remove said structures. (c) There shall be no gravel, rocks, slag, etc., placed at the grave site. All graves shall only have grass placed on them. (d) Flowers, vases, wind chimes, etc., will only be allowed if placed directly on the headstone. If said items are placed on or around the gravesite, they will be removed by the cemetery department. (e) It shall be the responsibility of the individual or the monument company to procure the consent of the cemetery manager before a monument, headstone or corner marker is placed on a lot. Supervision by cemetery manager may be required. (f) There shall be no trees planted in the city cemetery except by the city.

cemetery grounds. If cemetery grouds are damaged, the individual or organization shall be responsible for repairs or cost of the cemetery grounds or headstones.

Sec. 5-4. Survey markers, corner markers, enclosures. (a) No survey markers of any kind shall be removed. (b) All corner markers, enclosures, or other approved markers must be placed inside the boundary of the survey marker.

Sec. 5-5. Conduct and offenses in cemetery. (a) All persons will respect the solemnity of the cemetery and strictly observe the rules which have been established for the purpose of securing quiet and good order at all times within the grounds. (b) There shall be no loitering in the cemetery. (c) Drinking alcoholic beverages is not permitted within the cemetery grounds. (d) It shall be unlawful for any person, not being duly authorized, to cut, destroy, injure or remove any flowers (except as allowed for family plots) or shrubbery in the city cemetery; mutilate, deface, injure or destroy any fence, monument, gravestone or any part thereof or anything appertaining thereto; and discharge firearms; except in the case of military like funerals.

Sec. 5-6. Vehicles, traffic, parking and speed limit. (a) Vehicles on cemetery roads shall be of family size; except by special provision as stated in subsection (b). (b) A special provision to allow some commercial size vehicles such as vault trucks, monument installation trucks and city trucks may be allowed if they first obtain permission from the cemetery manager for each admittance onto cemetery roads and grounds and only as instructed by the cemetery manager concerning route and special road and ground conditions. (c) Drivers must observe rules of the road as regulated by the State of Mississippi which may be enforced by the City of Philadelphia Police Department and any other applicable enforcing agencies. Owners shall use common courtesy as well. (d) Traffic and parking in the cemetery is limited to funerals, memorials, personal visits to grave sites and tours with the following guidelines, limitations and caution: (1) The Speed limit of the cemetery is ten miles per hour and in some areas less, when instructed by signage. (2) Care should be given to allow safe passing by other vehicles so not to cause leaving the right-of-way to veer onto lots. (3) All vehicles shall stop when a funeral procession is passing. (4) The cemetery prefers limited traffic and parking on grass roads and requests whenever possible walking on the grass roads. (5) Extra caution should be used when conditions are wet. (6) Due to the nature of the cemetery, the city has placed limited signage. No stop signs are contained in the cemetery; however, please use extreme caution and care at all intersections giving special consideration to stopping first at those with poor visibility due to terrain or monument work.

Sec. 5-7. Funeral homes, directors, interments. (a) Funeral homes/directors shall hand deliver to the cemetery manager or designated staff immediately before or after interment, a metal marker encasing an information card with at least the following typed information: name of funeral home, name of deceased interred, date of birth, and date of death. (b) All interments and dis-interments, including the interment of remains (ashes), shall be by the cemetery manager and staff after all involved has followed the policy regarding such.

Sec. 5-8. Rights to management, liability, policies and fee schedule. (a) The cemetery reserves the right to remove any tree, shrub or obstacle on any lot that may hinder the efforts of the employee in the opening of graves and/or the proper maintenance concerning the safety and aesthetics of the cemetery. (b) When hand digging is necessary in such cases where previously existing fencing, gates or enclosures interferes with the digging of graves, an additional fee will be applied to the opening and closing fees.

(c) The city is not responsible for damages to graves or headstones by chemicals, natural elements, vandals, thieves or by other causes beyond its control. (d) The city will adopt policies and fee schedules regarding costs and rules and regulations in the use of, care of, interment, sales and other issues regarding the cemetery. (e) All fees are paid to and collected by the office of city clerk. Fees and policies are subject to amendment by the Board of Mayor and Aldermen of the City of Philadelphia.

Sec. 5-9. Penalties. (a) Any person who shall fail to comply with or who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall be subject to the penalties as provided in the Code of Ordinances. (b) Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

APPROVED: ___________________________ James A. Young, Mayor

ATTEST:

JAMES M. JOHNSON, CITY CLERK