§ 13-1-49. Violation of cemetery rules and regulations.

(a)

It shall be unlawful either for any person to perform, or cause to be performed, any interment within any section of the Biloxi Cemetery, or for any person to place or construct, or cause to be placed or constructed, any headstone, slab, coping, monument, cross, or any form of grave marker or memorial marker within any section of the Biloxi Cemetery without requesting and receiving a written copy of the summary of ownership records pertaining to the site in the possession of the city at that time. This written summary shall not be a guarantee by the city of either the legal ownership or the current occupancy status of any grave site, but shall provide notice of the ownership and occupancy indicated or claimed on the city cemetery records on file at City Hall. It is the responsibility of the persons proposing either interment or construction at a grave site to consult any other public records, including but not limited to land records and library records, regarding legal ownership of grave sites. In addition to the other applicable penalties for violation of this ordinance, any person causing or conducting any interment to be made without having obtained said written summary shall be required to have any subsequently required re-interment, if necessary, performed at their expense.

(b)

It shall be unlawful for any person to place a headstone, slab, coping, monument, cross, or any form of grave marker or memorial marker within the perpetual care section of the Biloxi Cemetery (being the 11th Addition, Sections A through K) that either does not comply with those rules and regulations or is installed in a manner which does not comply with those rules and regulations, including but not limited to those provisions prohibiting raised or above ground markers. A copy of those limited to those provisions prohibiting raised or above ground markers. A copy of those perpetual care rules and regulations are attached hereto and made a part hereof as if set out word for word, and shall be maintained in and available from the office of the clerk of council.

(c)

In addition to other penalties, fines, or sanctions which may be imposed through criminal proceedings, the mayor is hereby authorized to bar or prohibit by executive order any person or corporation that has been convicted of violating this section from entering the Biloxi Cemetery for the purpose of installing or maintaining any form of monument or grave marker.

(d)

Any person convicted of violating this section shall upon conviction be deemed guilty of a misdemeanor, and may be punished as provided in section 1-1-8 of this Code of Ordinances. In addition, any person so convicted may be required to remove or modify any structure or marker placed or installed in violation of this ordinance so that it is in compliance, or may be required to pay restitution to the City of Biloxi for work performed by the city or on its behalf to bring such structure into compliance.

(Ord. No. 1982, § 1, 9-30-03; Ord. No. 2197, § 1, 3-6-12)

Editor's note

The perpetual care rules and regulations referred to in section 13-1-49(b) above have not been included within this Code, but may be found on file in the office of the city clerk.