§ 22.014. Decoration of lots, crypts, and niches

(a)

Monuments. Monuments in the cemetery are subject to the following:

(1)

No memorial, monument, or grave marker, except a temporary marker placed by a funeral home, is allowed on any burial lot until the purchase price and perpetual care fees have been fully paid and the deed has been delivered to the purchaser.

(2)

The owner of a cemetery lot or the owner's agent must apply for and obtain a permit from the finance department before erecting a monument, except a temporary marker placed by a funeral home.

(3)

Persons erecting monuments shall not leave material or rubbish on adjoining lots. Work must be completed as soon as possible and any material or rubbish must be removed at once.

(4)

Persons erecting monuments are responsible for any damage done by them to any property in the cemetery, including grass and trees. All work is subject to the control and direction of the caretaker.

(5)

Wooden planks must be used for placing and rolling stone monuments on rocks or grass.

(6)

Businesses are prohibited from placing their names on any monument or placing signs within the cemetery to advertise the firm or its products.

(7)

Monument work is prohibited in the cemetery on weekends and on holidays observed by the city and before 8:00 a.m. and after 5:00 p.m. on any weekday.

(8)

Lot owners must locate the placement of monuments at the cemetery before the construction of any foundation. The city is not responsible, however, for the correct location of any monument. Any changes in monument location ordered by the lot owner will be made at the owner's sole expense.

(9)

All monuments in the Dixon Addition, Section I, must be flat bronze or granite.

(10)

All monuments placed in areas of the cemetery other than Dixon Addition, Section 1, from and after October 1, 2001, must be all granite, marble, bronze, or stone material of permanent nature approved by the San Marcos Cemetery Commission, and must have a reinforced concrete base.

(11)

The maintenance of all monuments in the cemetery is the responsibility of the lot owner or the owner's surviving family members or descendants. This maintenance will include, but is not limited to, the following:

a.

The cleaning of the monument;

b.

Ensuring that the monument is seated properly; and

c.

Repairing any damage to the monument or the structure of the monument, including replacement, if necessary.

(12)

In the event that a monument is in need of maintenance, the parks and recreation director will send a letter requesting such repairs to the lot owner, or the owner's surviving family members or descendants, if known, advising of the necessary maintenance. If the lot owner or the owner's surviving family members or descendants cannot be located, then the parks and recreation director will publish a newspaper notice of the necessary maintenance in accordance with the procedures described in V.T.C.A., Estates Code, Chapters 51 and 202. If the necessary maintenance is not performed within the time period stated in the notice, then the city may, in the interests of safety, initiate action to have the necessary maintenance performed, or have the monument removed. The finance director will bill any cost incurred by the city for the maintenance to the lot owner or the owner's surviving family members or descendants, if known.

(b)

Flowers, shrubs or trees. Flowers, shrubs and trees in the cemetery are subject to the following:

(1)

Flowers, shrubs or trees may be planted and cultivated on any lot except in the Dixon Addition.

(2)

Fresh cut flowers may be placed on any lot, in the mausoleum, or near the columbarium but they must be removed within two weeks or when, in the caretaker's opinion, they become unsightly or detrimental to maintenance. The caretaker may remove flowers not so removed.

(3)

Artificial flowers, sprays or wreaths are allowed, but they will be removed by the caretaker when they become unsightly or blow off the lot on which they were placed.

(4)

All decorations must be firmly secured or fastened to the ground or monument.

(5)

Glass containers are prohibited.

(6)

Unfilled vases will not be allowed to remain on a lot unless permanently affixed to a monument.

a.

Unfilled vases will be removed from lots on the first day of the month and held for the lot owner for one month.

b.

After one month, unclaimed vases will be disposed of at the caretaker's discretion.

(c)

In addition to monuments, lots may have benches of marble or granite. Any other structural amenities, which must also be primarily of marble or granite, must have the approval of the cemetery commission before being placed on the lot.

(d)

Unapproved items will be removed by the caretaker and disposed of at the caretaker's discretion.

(Ord. No. 1995-20, § 1 (6-10), 2-27-95; Ord. No. 2001-79, § 1, 11-15-01; Ord. No. 2003-24, § 1, 5-12-03; Ord. No. 2007-55, § 1, 10-2-07; Ord. No. 2016-01, § 1, 4-5-16 )