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<br />45
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<br />ORDINANCE NO. 1978-9
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<br />AN ORDINANCE OF THE CITY COUNCIL OF THE
<br />CITY OF SAN MARCOS, TEXAS, AMENDING CHAPTER
<br />VI, "CEMETERIES" OF THE CODE OF ORDINANCES
<br />OF SAID CITY BY REPEALING ARTICLE II OF SAID
<br />CHAPTER ENTITLED "SAN MARCOS CEMETERY" AND
<br />SUBSTITUTING IN ITS PLACE A NEW ARTICLE II,
<br />HAVING THE SAME TITLE; ESTABLISHING RULES
<br />AND REGULATIONS, REQUIRING PERMITS, SETTING
<br />FEES, AND REGULATING THE PERPETUAL CARE FUND;
<br />AND SETTING AN EFFECTIVE DATE.
<br />
<br />WHEREAS, the City Council of the City of San Marcos now wishes to
<br />establish by Ordinance some of those rules and regulations pre-
<br />viously approved by Resolution 1975-43-R, dated September 22, 1975,
<br />located in Volume 45, page 123 of the Minutes of the San Marcos
<br />City Council; and,
<br />
<br />WHEREAS, portions of those ordinances regulating cemetery activities
<br />on which Article II of Chapter VI of the Code of Ordinances is based
<br />are no longer applicable to the operation and maintenance of the City
<br />Cemetery; and,
<br />
<br />WHEREAS, the Council now wishes to assess fees for permits issued
<br />for certain types of work performed on cemetery grounds in ordeJe to
<br />help defray the cost of supervision of those activities; now,
<br />therefore,
<br />
<br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS:
<br />
<br />Part 1. That Article II, entitled "San Marcos Cemetery", of Chapter
<br />VI entitled "Cemeteries", of the Code of Ordinances of the City of
<br />San Marcos, Texas, which was adopted by Ordinances dated Februa~y 10,
<br />1959 and located in Volume 22, page 243 of the Minutes of the San
<br />Marcos City Council, and March 14, 1961, located in Volume 24, pages
<br />95 and 96 of the San Marcos City Council Minutes, and October 9, 1962,
<br />located in Volume 26, page 57 of the San Marcos City Council Minutes anc
<br />dated September 22, 1975 and located in Volume 45, page 127 of the
<br />San Marcos City Council Minutes, be, and is hereby,:'repealed.
<br />
<br />Part 2. That a new Article II, "San Marcos Cemetery", Cha'pter 6,
<br />"Cemeteries", be, and is hereby, created to read as follows:
<br />
<br />ARTICLE II. SAN MARCOS CEMETERY
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<br />DIVISION 1. GENERALLY
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<br />Section 6-16. Definition.
<br />
<br />For the purposes of this Article, the word Cemetery shall mean San
<br />Marcos Cemetery.
<br />
<br />Section 6-17. Admission to Cemetery.
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<br />Entrance into the Cemetery except through the main entrance is hereby
<br />prohibited. The San Marcos Cemetery will be officially open for
<br />visiting, care of graves, and other appropriate uses from 8:00 a.m.,
<br />Central Standard Time, to 6:00 p.m., Central Standard Time, and during
<br />Central Daylight Time from 7:00 a.m. to 8:00 p.m. No activity for whic!
<br />a permit is required, including but not limited to funeral services
<br />which require the closing of a grave or sealing of a vault, are per-
<br />mitted on Saturday afternoon, Sundays, or holidays observed by the City
<br />or before 8:00 a.m. or after 5:30 p.m. on any':work.day.
<br />
<br />Section 6-18. Loitering and Trespassing.
<br />
<br />Any person loitering or otherwise found in the San Marcos Cemetery when
<br />the Cemetery is officially closed as set forth in Section 6-17, without
<br />the written permission of the City or the Cemetery. maintenance con-
<br />tractor, shall be deemed guilty of a misdemeanor punishable by a fine
<br />of up to $200.00, with each separate day of violation constituting a
<br />separate offense. '
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