City of Coldwater, MI Chapter 1066 Cemeteries

[HISTORY: Adopted by the City Council of the City of Coldwater 5-8-2023 by Ord. No. 858.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 1066, Cemeteries, adopted as part of the 1992 Codified Ordinances of Coldwater, as amended.

§ 1066.01 Definitions.

Unless the context specifically indicates otherwise, as used in this chapter:

BURIAL RIGHTS HOLDER

Any person or persons holding or possessing the privilege, license or right of interment in a burial space.

BURIAL SPACE

A grave or portion of a lot in any cemetery designated and maintained for the interment of a human body, bodies or cremation remains and for no other purpose.

CEMETERY

Oak Grove Cemetery and Morse Street Cemetery as heretofore established, and any other public cemetery owned, managed or controlled by the City.

CITY

City of Coldwater.

DIRECTOR

The Department of Municipal Services Director or his/her staff, or any other person in charge of the Cemetery as authorized by the City Manager.

LOT

Two or more burial spaces within a defined area or subsection of the cemetery.

SECTION

Two or more lots within a defined area or section of the cemetery.

§ 1066.02 Management, care and supervision; layout of lots, drives and walks.

The cemeteries which have been or may hereafter be established by the City and maintained either within or without its limits, of which plats have been or shall be filed in the office of the City Clerk, shall be under the management, supervision and care of the City Manager. He or she shall, if necessary, cause such cemeteries to be laid out in lots, drives and walks; the lots to be numbered, drives and walks therein to be named, and plats thereof to be made and, when properly approved, to be filed in the office of the City Clerk. City Council shall fix the price of lots and other services necessary thereto.

§ 1066.03 Rules and regulations; enforcement; register of interments.

City Council shall, from time to time, make such rules and regulations for the burial of the dead, for the care, improvement and protection of the grounds, mausoleums, monuments and appurtenances of the cemeteries, and for the orderly conduct of persons visiting the same, as may be deemed necessary. The City Manager shall see that this chapter and all rules and regulations with respect to cemeteries are strictly enforced. The City Manager shall cause a register of all interments made in any City cemetery to be kept, in which shall appear the name of the deceased, the date and place of interment and such other information as may be required. Such records shall be maintained in the office of the City Clerk.

§ 1066.04 Sale of lot burial rights.

(a) The City Manager shall attend to the selling of lot burial rights, and all burial rights certificates therefor shall be executed on behalf of the City by the City Clerk. Any person desiring to purchase burial rights in any City cemetery shall make application and pay in full the required amount for the burial space(s) selected to the City Clerk or the City Manager. Upon the purchase of any burial rights, the City Clerk shall prepare and deliver to the purchaser a duly executed burial rights certificate for said burial space(s). Such burial rights certificate shall convey to the purchaser the right of interment only, and shall be held subject to the provisions of this chapter, existing rules and regulations, and such ordinances, rules and regulations as hereafter may be adopted by Council. Funds realized from the sale of lots in any City cemetery shall be placed in the General Fund for cemetery maintenance, repair and upkeep, unless the provisions outlined in § 1066.20, concerning the fund balance of the Cemetery Perpetual Care Fund, become applicable.

(b) After the effective date of this chapter, burial spaces shall be sold by the City for the purpose of burial for the purchaser of burial rights, or his or her heirs or assigns. No sale shall be made to funeral directors or others, except for those acting as an agent for an eligible purchaser.

(c) All sales and transfers of burial spaces shall be made on a form approved by the City Council and signed by the City Clerk, which grants a right of burial only and does not convey any other title or right to the burial space or spaces sold. Such forms shall be signed by the City Clerk or Deputy City Clerk, and shall constitute a permit when approved.

(d) At the time of purchase from the City, each burial space shall be assigned the name of the specific person who shall be interred in that burial space upon death. Burial spaces are nontransferable without prior written approval by the City, but may be sold back for the original purchase price to the City for resale by the City.

(e) The City shall have the right to correct any errors that may be made concerning interment, disinterment, or in the description, transfer or conveyance of any burial space, either by canceling the permit for a particular vacant burial space or plots and substituting and conveying in lieu thereof another vacant burial space or plots in a similar location within the cemetery at issue or by refunding the money paid for the burial space to the purchaser or the successor of the purchaser. In the event that an error involves the interment of the remains of any person, the City shall have the right to remove and transfer the remains so interred to another burial space in a similar location in the same City cemetery in accordance with law.

(f) Burial rights' holders shall be responsible for notifying the City whenever that person's mailing address changes. Notice sent to a burial rights' holder at the last address on file in the office of the City Manager shall be considered sufficient and proper legal notification.

§ 1066.05 Burial rights holder.

(a) The burial rights holder in any City cemetery shall have only the right of burial of the dead, and he or she shall allow no interments for remuneration. All interments in burial spaces shall be restricted to the purchaser of burial rights and his or her heirs, unless special permission or assignment of the right is made by the burial rights' holder by filing the assignment in writing in the office of the City Clerk.

(b) Transfer of burial rights or assignment to other than the original burial rights' holder must be recorded with the City Clerk, for the City will not recognize persons whose names are not recorded.

§ 1066.06 Service charges.

(a) The City Manager shall charge and cause to be collected on behalf of the City such fees for work performed in the City cemeteries as may be from time to time set by resolution of the City Council. All such fees shall be paid to the City Clerk or the City Manager. No person, other than an employee of the City, acting under the direction of the City Manager or the Director, shall dig or open any grave, nor shall any person grade or fill in a burial space, create a monument or marker foundation or otherwise do any work in connection therewith, unless such work is done under the supervision of the City employee in charge of such cemetery. Arrangements for the payment of any and all charges due the cemetery must be made before the burial takes place or other services are performed.

(b) No burial space shall be opened or closed except under the direction and control of the City Manager, City Clerk or DMS Director. This Subsection (b) shall not apply to any grave opening, disinterment, or similar matter which is done pursuant to a valid court order or under the supervision and direction of local or state health department authorities; however, even in such cases, the City shall be given not less than 1 1/2 business days (12 business hours) prior notice of when such grave opening or closing will occur.

(c) The City may waive some or all fees for the purchase of burial rights as well as the opening and closing of graves for the burial of indigent persons. Such waved fees, however, must be paid in full prior to the installation of a grave maker.

§ 1066.07 Markers, memorials, veteran markers, U.S. flag poles.

(a) All monuments and markers are to be constructed of recognized durable granite or standard bronze and certain durable grades and finishes of marble. The City will assume no responsibility for damages in case of the stone being unintentionally chipped or marked in the regular course of lot care.

(b) No monument or marker shall be installed without the written approval of the City, who shall designate the location of such monument or marker. Burial rights' holders should not close the purchase of any monument or marker until they have advised the City of the size, style and material and have ascertained that the rules permit its erection. The City will not be responsible for the loss to the burial rights' holder caused by rejection of any monument or marker when regular application for setting/foundation has been neglected or overlooked before the order was placed.

(c) Monuments are to be set along the monumental line only on burial lots that have monument privileges, one monument on each of such lots. Markers are to be set along the marker line, and there shall be only one marker on each burial space. No marker or monument shall be placed other than in the designated row, except a flush marker 12 inches by 24 inches may be placed off the marker or monument line, where room is available, for burial of cremains.

(d) All markers are not to be more than 16 inches or less than four inches high and shall not exceed 12 inches in thickness. Single markers shall not exceed 30 inches in length. Double markers, placed center on two burial spaces, shall not exceed 42 inches in length. The size of markers for baby graves in Sections 12 and 25 shall be 16 inches by eight inches by six inches, and such markers shall be made of gray granite. Markers shall consist of one piece or part only, with the bottom being straight across. All markers placed on the same lot are to be alike in color and style, unless the City gives permission to do otherwise.

(e) Special rules for Sections 16, 17, 18 and 19 are as follows. All markers are to set flush with the ground and are to be single markers. Adult markers are to be 24 inches by 12 inches and baby markers 18 inches by 10 inches. Monuments are to be positioned as indicated on the plat of the sections and to cover no more than 4% of the lot area. Monuments placed on the ten-foot-wide "Garden Companion" lots are to have a two-foot by three-foot face area. In order to guarantee good work and for the protection of the burial rights' holder and the general welfare of the cemetery, all monument and marker foundations are to be constructed by cemetery employees and charged to the person or firm ordering the foundation. No monument or marker can be removed from any lot without the consent of the City.

(f) Special rules for Sections 7 and 9 are as follows: There is no planting of flowers permitted in these sections. Flowers are to be in urns only. One urn per lot is allowed and is to be placed beside the monument or marker. Monument and marker allowable sizes: A five-foot side-to-side monument on four grave lots (14 inches wide), a four-foot side-to-side monument on two grave lots (12 inches to 14 inches wide), a forty-two-inch marker on two grave lots, a twelve-inch by thirty-inch marker on a single grave.

(g) Flowers, wreaths or emblems will be removed as soon as they become unsightly. This includes flower pots left on graves of the flush sections (Sections 16, 17, 18 and 19). Management is not responsible for items that have been removed.

(h) Veteran's markers. In an effort to honor and ensure no veteran's burial space goes unmarked, cemetery crew will at no charge to the family install the foundation for a Veteran's Administration VA-provided plaque. If there is to be a regular marker/monument on a single grave, or in the case of a double marker/monument for a two-grave lot, such VA-markers should be incorporated into the regular marker/monument whenever possible, as only one marker is allowed per burial space or one monument per lot.

(i) National flag. Flag poles may be placed on veteran's burial spaces only. All flags placed on veteran's grave burial spaces must be in good condition and mounted properly on removable poles or receptacles. The City will not assume responsibility for placement, loss or damage. Flags, three feet by five feet, must be of removal type with permanent flush-type flag pole receptacles. The flag pole receptacle will be furnished and installed by the cemetery upon the request and payment for the cost of same by the burial rights' holder. All existing permanent type flag poles and flags will be allowed to remain on grave sites and be permitted to fly on a continual basis from prior to Memorial Day until mid-September, unless it becomes apparent to the City or cemetery staff that specific flag poles are not in use. A seven-year period of non-use of any specific permanent type flag pole may result in removal of that specific pole. Notification to burial rights' holder of neglect on said poles will be attempted prior to removal.

(j) The placement of a small veteran flag, approximate size 11 inches by 16 1/2 inches, and a veteran's flag holder, will be provided by the City. These flags may fly for five days — the two days' prior to Memorial Day, Memorial Day and the two days following Memorial Day.

§ 1066.08 Interment regulations.

(a) Burials will be made upon the presentation of a written order, burial permit, cremation certificate by the purchaser of the burial rights, or his or her heirs or assigns, and the burial permit signed by the Funeral Director as required by law. No burials will be made on Sundays and legal holidays, except when ordered by the Health Department. Interments are for human remains only.

(b) Notice of not less than 1 1/2 business days (12 business hours) in advance of a full casket/vault burial must be given in order to prepare the burial space, not to include Saturday burials, which require greater notice. Lesser notice for cremation burials may be considered at the discretion of the Director or his/her staff. All funerals and interments within the cemetery grounds are under the direction of the Director or his staff. The City will not assume responsibility for errors in opening graves when orders are given by telephone. Orders received from Funeral Directors for the opening of graves will be construed as orders from the burial rights' holder. As soon as flowers or emblems used at interment services become unsightly, they will be removed, and no responsibility for their return to burial rights' holders will be assumed. Cemetery employees will make all interments.

(c) A vault must be used with each interment. All burials shall be within a standard concrete vault (which meets all applicable laws) installed or constructed in each burial space before interment. Vaults of other suitable materials may be allowed at the discretion of the City.

(d) Only one person (full-casket and vault-burial) shall be buried in a single burial space, except for a parent and infant child or two children buried at the same time and within the same vault/burial space when approved by the City.

(e) All names of those interred in any one burial space should be included on the memorial allowed for that burial space. Exception: an additional flush marker 24 inches by 12 inches may be placed in the monument line if sufficient space is available.

(f) The surface of all graves shall be kept in an orderly and neat-appearing manner within the confines of the burial space involved.

(g) Cremation burials are allowed. Please see § 1066.11.

§ 1066.09 Removal or disinterment.

The City holds that burial space once used becomes sacred ground, and the City shall refuse to open the grave or disinter a body except with the written permit from the County Health Department, which has the signatures of the husband, wife, father, mother, son or daughter and is only for good cause. The City reserves the right to refuse such a request until all permits, licenses and written authorizations required by law from the County Health Department, applicable state or county agency, governmental unit or official, have been filed with the City.

§ 1066.10 Trespass.

(a) No person shall trespass on any lot or burial space within any City cemetery, nor pick or cut flowers or shrubs, except on his or her own burial space, nor cut down, injure or disturb any tree or shrub, nor damage any memorial, nor otherwise commit any desecration within any City cemetery; nor shall any person enter upon cemetery premises between the hours of 10:00 p.m. and 5:00 a.m.

(b) The City Manager shall make such additional rules and regulations not inconsistent with the terms of this chapter, subject to the approval of Council, as may be deemed necessary for the operation and control of City cemeteries. Unless special permission is granted, children under 18 years of age shall not be permitted within the cemetery unless accompanied by adults, who shall take care of them and be responsible for their conduct.

§ 1066.11 Cremains.

(a) Cremation remains may be buried in a container approved by the City in a burial space or in a columbarium that has been installed by the City within a City cemetery. An urn vault is not required. Plastic bags and/or cardboard boxes are prohibited for cremation burial.

(b) No cremains shall be scattered or dispersed within a City cemetery.

(c) Up to four cremains may be placed in one burial space, individually or all at once.

(d) A one-time burial of cremains may be placed atop an existing casket and vault burial. For this type of burial, no urn container shall be taller than 12 inches without prior approval by cemetery crew.

(e) All names of those interred in any one burial space should be included on the memorial allowed for that burial space. Exception: an additional flush marker 24 inches by 12 inches may be placed in the monument line if sufficient space is available.

§ 1066.12 Grounds maintenance.

(a) The Director shall have the right and authority to remove or trim any existing trees, plants or shrubs, emblems, displays, containers and other items that through decay, deterioration, damage or otherwise become or are unsightly, a source of litter or a maintenance problem.

(b) Artificial decorations are prohibited, with the exception of artificial wreaths, winter wreaths and winter blankets, permitted only from November 15 to April 1.

(c) All flowers, shrubs, trees or vegetation of any type in Sections 7 and 9 must be placed inside an urn. Any of the foregoing items planted in the ground without City approval will be removed by the City.

(d) Flowerbeds in all sections (except Sections 7 and 9) are allowed in the ground only in the six inches in front of a marker or monument. Once flowers are planted the cemetery is not responsible for the upkeep of this area. Flowers are prohibited around any flush marker.

(e) Only one flower urn is allowed to be placed per lot. Exception: An additional urn may be placed beside the monument or marker when room is available within the lot.

(f) Flower urns are the liability of the burial rights' holder. Vases or urns not properly painted or otherwise cared for and such as are not filled with plants by June 25 of any year may be removed from the section. These vases or urns may be disposed of by the cemetery or made available to the public with a restocking fee.

(g) Flower urns are to be set on a concrete base (garden stone) and placed either on the monument line or the marker line. Such concrete bases are to be installed flush with the ground and are to be large enough to extend at least two inches beyond the outside edge of the bottom of the urn.

(h) Vases or urns placed on the flush Sections 16, 17, 18 and 19 are to be no higher than 12 inches and of one piece. There can only be one vase or urn on a lot in the flush sections.

(i) Cut flowers will be allowed at any time when suitably placed. The City suggests the setting of the patented flower vase that sets into the ground when not in use and leaves the surface of the lot clear. Such a vase can be set adjacent to the marker and will be set by the City for the convenience of the burial rights' holder.

(j) Veteran flags and flag holders shall be governed by the Veteran's Administration rules and guidelines. One official metallic tablet of the Grand Army of the Republic, or other similar organizations whose membership is limited to those who served in the military of the United States of America, or as a firefighter or police officer, will be permitted upon a burial space.

(k) The City reserves the right to perform all work for the care and upkeep of all lots and burial spaces.

§ 1066.13 Disclaimer of City liability and responsibility.

(a) Every person who enters, remains in and travels within a City cemetery does so at their own risk. The City is not responsible for any injury, accident or other calamity that might occur to any person present in a City cemetery. Furthermore, the City is not responsible for any damage or vandalism to, theft of or deterioration of any burial monument, headstone, flower urn or other item placed at or near a burial space, lot or anywhere in a City cemetery.

(b) The burial rights' holder or transferee of any burial space or the equivalent (and all subsequent transferees, assigns, heirs, or beneficiaries) hereby releases, waives, indemnifies and holds harmless the City for, from and against any injury, damages, causes of action, claims, costs and expenses associated with, relating to and/or involving the burial space or similar right, any headstone, monument or similar items, and any matter related to the cemetery involved. Such waiver, release and hold harmless provision shall apply not only to the City, but also to the City Manager, City Clerk, Director and any City employee, officer, official or agent.

§ 1066.14 Repurchase of burial spaces.

The City may repurchase any burial space from the burial rights holder for the price originally paid, upon the written request of said burial rights holder or his or her legal heirs or representatives.

§ 1066.15 Reports and records.

The City Clerk shall maintain records concerning all burials, burial spaces, issuance of burial permits and any other records of the City related to City cemeteries, and the same shall be open to public inspection at all reasonable business hours.

§ 1066.16 Vaults.

A vault must be used with each full casket interment. All burials shall be within a standard concrete vault (which meets all applicable laws) installed or constructed in each cemetery burial space before interment. Vaults of other suitable materials may be allowed at the discretion of the City.

§ 1066.17 Cemetery hours.

Unless otherwise specified by the City Council by resolution, all City cemeteries shall be closed during the hours from 10:00 p.m. until 5:00 a.m. the next morning. During those hours, no person shall be present in a City cemetery. Such prohibition on being present in a City cemetery during the time when a City cemetery is closed shall not apply to any City official, a person accompanied by the City official, or any law enforcement or firefighting official when engaged in the lawful duties of any such office or position.

§ 1066.18 Prohibited uses and activities.

The following prohibitions shall apply within any City cemetery:

(a) Planting of trees or shrubs, landscaping or similar plantings within a cemetery are prohibited without review and oversight by the Director's staff and written permission of the City Manager or Director.

(b) Roses or thorned plants and glass containers or items are strictly prohibited.

(c) Digging, grading or raised mounding, bricks, blocks, coping, fencing, borders, all of which hinder the free use of a lawn mower or other gardening apparatus are prohibited.

(d) Wooden tablets, metal wreaths, baskets, tripods, boxes, shepherd's hooks, birdhouses/feeders, chimes, toys, easels, trellises, statues (unless incorporated into the marker/monument) are prohibited upon burial spaces, lots or in the trees of the cemetery. The City will not be responsible for loss or damage to any portable articles left upon any lot, burial space or other part of the cemetery.

(e) Artificial flowers, wreaths, grave decorations, "treated" blossoms and everlasting flowers are prohibited. These items are man-made and can never provide the same symbolism or beauty as flowers. As they become dirty and unsightly, they create an impression of neglect rather than remembrance, and such items can create a serious hazard in the care and maintenance program of the cemeteries in general.

(f) No person shall destroy, deface, apply graffiti to or otherwise injure any monument, sign, tree or other lawful item located within a City cemetery.

(g) No person shall disturb the peace or unreasonably annoy, harass or disturb any other person who is lawfully present on the grounds of any City cemetery. Unlawful interference with or disruption of a lawful funeral or funeral procession is prohibited.

(h) Driving of an automobile, truck or any vehicle on any portion of a cemetery except the designated roads or drives is prohibited.

(i) There shall be no exceeding of posted cemetery speed limits, currently 15 miles per hour, unless otherwise noted.

(j) Snowmobiles, four-wheelers, go-carts or similar vehicles are prohibited, with the exception of City staff utility vehicles.

(k) Possession or consumption of any alcoholic beverage is prohibited.

(l) There shall be no domestic animals or pets of any kind allowed within the cemetery grounds unless on a leash. Any pet waste must be immediately removed by the person supervising the animal.

(m) No firearms or archery arrows shall be discharged or shot except that military or other veterans organizations may carry arms for the purpose of firing over the grave at the burial of a member.

(n) No person shall leave any refuse in the cemetery, except as they deposit it in the receptacles provided.

§ 1066.19 Cemetery Perpetual Care Fund.

(a) General provisions. The Cemetery Perpetual Care Fund, heretofore established, is hereby continued. There shall be added to said Fund all sums paid to the City in accordance with the terms and conditions of perpetual care contracts for lots located in City cemeteries. Further, should the balance remaining in the Cemetery Perpetual Care Fund at any time fall below the amount of $400,000, 50% of the amounts realized from the sale of lots, parts of lots and single burial spaces in City cemeteries shall be added to the Cemetery Perpetual Care Fund. When the Cemetery Perpetual Care Fund balance exceeds $450,000, the amounts received from the sale of lots, parts of lots and single burial spaces shall be governed by the provisions of § 1066.04. The Cemetery Perpetual Care Fund shall be administered by the City Manager through his or her designated agent, who may be a City official or some other qualified party. This agent shall have custody, and shall keep an accounting, of all securities and money in the Perpetual Care Fund. Such books of account shall be open for inspection by City officials and such auditors as may be hired by the City. This agent shall not purchase or redeem any securities, bonds or other investments without the approval of the City Manager.

(b) Investment of principal. Any part of the principal of the Cemetery Perpetual Care Fund may be invested in bonds of the City, in any obligation of the Government of the United States, in insured savings accounts maintained in any financial institution of the City, or in any other type of investment which is legally permissible.

(c) Expenditures. No part of the Cemetery Perpetual Care Fund shall be transferred to any other fund, nor encumbered or used except as herein authorized. The income from the Cemetery Perpetual Care Fund may be expended only for the following purposes:

(1) To perpetually maintain and care for lots located in City cemeteries which are covered by perpetual care contracts with the City.

(2) The remainder of the income realized from the Cemetery Perpetual Care Fund each year, if any, may be used for the general maintenance, repair and upkeep of City cemeteries.

§ 1066.20 Fees.

The City Council shall have the authority to set fees pursuant to this chapter from time to time by resolution. Such fees can include, but are not limited to, a fee or fees for a burial permit, disinterment permit, grave opening, setting of foundations, grave closing, winter or weekend burial, the price for a new burial space, transfer fees for burial spaces, and other matters.

§ 1066.21 Applicability.

(a) This chapter shall apply only to cemeteries owned, controlled or operated by the City.

(b) The provisions of this chapter shall not apply to City officials or their agents or designees involved with the upgrading, maintenance, administration or care of a City cemetery.

(c) The provisions of this chapter shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.

§ 1066.22 Interpretation/appeals to the City Manager.

(a) The City Manager shall have the authority to render binding interpretations regarding any of the clauses, provisions or regulations contained in this chapter and any rule or regulation adopted pursuant to this chapter, as well as their applicability. The City Manager (or their designee) is also authorized to waive application of the strict letter of any provision of this chapter or any rules or regulations promulgated under this chapter where practical difficulties in carrying out the strict letter of this chapter or any rules or regulations related thereto would result in hardship to a particular person or persons or the public. Any such waiver, however, must be of such a character as it will not impair the purposes and intent of this chapter.

(b) Any party aggrieved by any interpretation or decision made by any City official, agent or contractor pursuant to this chapter, as well as any matter relating to a City cemetery, rights to a burial space, or other matter arising pursuant to this chapter, shall have the right to appeal that determination/decision or matter to the City Manager.

§ 1066.23 Authority of the City to remove unauthorized or unlawful items from a City cemetery.

(a) Any monument, marker, planting, trellis, personal item, urn, flowers or foliage (whether real or artificial), structure, flag (except for lawful veterans flags), or other item that has been placed, installed, left or maintained in any City cemetery in violation of this chapter, any City rule or regulation regarding City cemeteries, or any county, state or federal law, statute or regulation may be removed by the City from the City cemetery at any time and destroyed or disposed of by the City without any prior notice to, permission from, or liability or obligation to the person or persons who left, installed, maintained or kept such item in the City cemetery.

(b) No such item (including, but not limited to, a monument, marker, planting, trellis, personal item, urn, flowers or foliage, structure, flag, or similar item) can be installed, placed, maintained or kept in a City cemetery unless expressly authorized by this chapter or a written rule or policy of the City. Even if such an item is authorized to be installed, kept, maintained or left in a City cemetery, the City shall still have the discretion to remove any such item at any time and dispose of the same without prior notice to, consent from or liability to the person or persons who installed, maintained or left such item in a City cemetery.

§ 1066.24 Enforcement by City officials.

Unless otherwise specified by the City Council by resolution, the following officials or officers shall have the authority to enforce this chapter and to issue municipal civil infraction citations/tickets pursuant to this chapter:

(a) City Ordinance Enforcement Officer.

(b) City Police Officer.

§ 1066.25 Severability.

The provisions of this chapter are hereby declared to be severable and should any provision, section or part thereof be declared to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall only affect the particular provision, section or part thereof involved in such decision and shall not affect or invalidate the remainder of this chapter, which shall continue in full force and effect.

§ 1066.99 Penalty.

(a) A violation of this chapter (or of any rule or regulation adopted pursuant to this chapter) shall be a municipal civil infraction. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this chapter, shall be in violation of this chapter and shall be responsible for a civil infraction. The civil fine shall be not less than $100 and not more than $500 for a first offense and not less than $200 and not more than $500 for a second and subsequent offense, in addition to all other costs, damages, expenses and remedies provided by law. For purposes of this section, "subsequent offense" means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter or similar provision of this chapter for which said person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.

(b) A violation of any permit or permit condition issued pursuant to this chapter shall also constitute a violation of this chapter.