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HomeMy WebLinkAboutPart 11 Parks Recreation and Cultural Affairs Parks, Recreation and Cultural Affairs PART 11 PARKS, RECREATION AND CULTURAL AFFAIRS CHAPTER 1 ADMINISTRATION AND CONTROL OF PARKS Section 11-101 “Park Property" Defined Section 11-102 City May Refuse Gift of Land Section 11-103 Gifts May be Made to City; Control Section 11-104 Park Curfew CHAPTER 2 CEMETERY Section 11-201 Cemetery Department Created Section 11-202 Authority to Purchase and Regulate Section 11-203 Power to Acquire and Control Land for Cemeteries Section 11-204 Conveyance of Cemetery Lots; Abandoned Lots Section 11-205 Rules and Ordinances; Penalties and Fines Section 11-206 Cemetery Care Fund; Purchase of Lands; Investment of Funds Section 11-207 Lien on Cemetery Lots for Upkeep Charges; Enforcement Section 11-208 Removal of Remains to Other Gravesites; Unmarked Graves Section 11-209 Appointment of Sexton; Duties CHAPTER 3 SPECIAL EVENT PERMITTING Section 11-301 Definitions Section 11-302 Special Event Permitting Section 11-303 Special Event Permit Fees Section 11-304 Film Production Permit Section 11-305 Film Permit Fees Page 11-1 Parks, Recreation and Cultural Affairs CHAPTER 1 ADMINISTRATION AND CONTROL OF PARKS Section 11-101 “Park Property" Defined Section 11-102 City May Refuse Gift of Land Section 11-103 Gifts May be Made to City; Control Section 11-104 Park Curfew SECTION 11-101 "PARK PROPERTY" DEFINED The term "park property" includes all parks, street parkings, squares, and areas of land within the management of the city; and all buildings, structures, improvements, seats, benches, fountains, boats, floats, walks, drives, roads, trees, plants, herbages, flowers and other things thereon, and enclosures of the same; and all shade trees on streets or thoroughfares, resting places, water stations, playgrounds, or the like; and all connecting parkways and roads or drives between parks; and all avenues, roads, ways, drives, walks, with all trees, shrubbery, vines, flowers, and ornaments of any description, or objects of interest or instruction, and all tools and implements, placed in or on any of such enclosures, ways, parkways, roads, or places; and the included terms shall be liberally construed. (Ord. No. 379, 2/16/88; 970, 7/20/10) SECTION 11-102 CITY MAY REFUSE GIFT OF LAND The city shall not be compelled to accept any gift or offer of land which, in its judgment, is unsuitable for park purposes, or the improvement of which would entail an injudicious outlay unless it has the approval of the city council and city manager. (Ord. No. 379, 2/16/88; 970 7/20/10) SECTION 11-103 GIFTS MAY BE MADE TO CITY; CONTROL Real and personal property may be granted, bequeathed, devised, or conveyed to the city, for the purpose of the improvement or ornamentation of the parks or approaches, or for the establishment or maintenance of the parks or approaches, or the establishment or maintenance therein of museums, zoological or other gardens, collections of natural history, observatories, monuments, statues, fountains, or other works of art, upon such trusts and conditions as may be prescribed by the grantors or devisors thereof, and accepted by the city council of the city. All property so devised, granted, bequeathed or conveyed, and the rents, issues, profits and income thereof shall be subject to the management, direction and control of the city pursuant to direction given by the city council. (Ord. No. 379, 2/16/88; 970, 7/20/10) SECTION 11-104 PARK CURFEW It shall be unlawful for any person to be on or within the premises of any city park property between the hours of 11 p.m. and 5 a.m. (Ord. No. 945, 8/18/09; 970, 7/20/10) Page 11-2 Parks, Recreation and Cultural Affairs CHAPTER 2 CEMETERY Section 11-201 Cemetery Department Created Section 11-202 Authority to Purchase and Regulate Section 11-203 Power to Acquire and Control Land for Cemeteries Section 11-204 Conveyance of Cemetery Lots; Abandoned Lots Section 11-205 Rules and Ordinances; Penalties and Fines Section 11-206 Cemetery Care Fund; Purchase of Lands; Investment of Funds Section 11-207 Lien on Cemetery Lots for Upkeep Charges; Enforcement Section 11-208 Removal of Remains to Other Gravesites; Unmarked Graves Section 11-209 Appointment of Sexton; Duties SECTION 11-201 CEMETERY DEPARTMENT CREATED The cemetery department shall be in the charge of a sexton who shall work under the direction of the city manager and perform such duties as are now or may hereafter be prescribed by ordinance. The city manager may employ occasional labor during the spring and summer seasons as the work at the cemetery may require, and may employ such additional permanent employees as may be authorized by the mayor and city council. SECTION 11-202 AUTHORITY TO PURCHASE AND REGULATE The city shall have the power to purchase, lay out and regulate cemeteries. The powers over cemeteries include, but are not limited to, cemeteries used or dedicated for interment of animal remains. State Law Reference: Similar provisions, 11 O.S. Sections 26-101 et seq. SECTION 11-203 POWER TO ACQUIRE AND CONTROL LAND FOR CEMETERIES A. The city may acquire by purchase, donation or otherwise, and may control lots or parcels of land within or without the limits of the municipality as the city deems necessary for cemetery purposes. B. When lots or parcels are so acquired by the city, the title shall vest in the city. C. The city may subdivide or plat any of the lots or lands into suitable parcels for burial purposes and make such disposition thereof as will in the judgment of the governing body of the city best serve the purpose for which they were acquired. D. Any lands so acquired shall thereafter be exempt from taxation, and the city may pay and discharge any assessments against the lands for the improvements of streets or the construction of sewers. E. The city shall provide for the grading, fencing, ornamenting and improving of all burial and cemetery grounds owned by the city and the avenues leading thereto. F. The city may construct walks and plant and protect ornamental trees and shrubs and provide for paying the cost thereof. (Prior Code, Sec. 6-2) Page 11-3 Parks, Recreation and Cultural Affairs SECTION 11-204 CONVEYANCE OF CEMETERY LOTS; ABANDONED LOTS A. Lots in the municipal cemetery shall be conveyed by certificate signed by the mayor and countersigned by the clerk under the seal of the city. B. The certificate shall show the price for which the lots are sold and specify that the person to whom it is issued is the owner of the lot or lots described therein by number, as laid down in the plat, for the purpose of interment. C. The certificate shall vest in the purchaser and his heirs a right to the lot or lots for the sole purpose of interment, under the regulations as the city council may, from time to time, promulgate or establish by resolution. D. The certificate shall be entitled to record in the office of the county clerk of the county in which the lot is situated without further acknowledgment and the description of lots by number shall be sufficient for the purpose of record. E. All abandoned lots or spaces of lots shall revert to the city. SECTION 11-205 RULES AND ORDINANCES; PENALTIES AND FINES A. The city may pass rules and ordinances to regulate, protect and govern the cemetery, the owners of the lots therein, visitors therein and to punish trespassers therein. B. The city council, by resolution, may limit the number of lots which may be owned by one person, corporation or association at the same time and may prescribe such rules by resolution for enclosing, adorning, and erecting monuments and tombstones on cemetery lots; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or lots. C. The city may prohibit any division of the use of lots and any improper adornment thereof by its rules or resolutions. D. The officers of the city shall have full jurisdiction and power to enforce such rules, ordinances and resolutions as if they related to the city itself. E. Penalties and fines as provided in Section 1-108 of this code may be imposed for violation of such rules and ordinances. SECTION 11-206 CEMETERY CARE FUND; PURCHASE OF LANDS; INVESTMENT OF FUNDS A. In all cemeteries owned by the city where lots are sold or charges made for interments, not less than twelve and one-half percent (12.5%) of all monies received from the sale of lots and interments shall be segregated and set aside as a cemetery care fund. B. The cemetery care fund shall be expended in purchasing lands for cemeteries and for making capital improvements when necessary. The balance of the fund may be invested by the city council in the manner provided in Section 348.1 of Title 62 of the Oklahoma Statutes for investment of municipal funds. C. Only the interest from the investments shall be used in improving, caring for and embellishing the lots, walks, drives, parks and other necessary improvements on such cemeteries. (Ord. No. 475, 1/4/94) SECTION 11-207 LIEN ON CEMETERY LOTS FOR UPKEEP CHARGES; ENFORCEMENT A. The city shall have a lien on any unused lot in a cemetery owned by the city when a written contract provides for upkeep payments on such lot and the upkeep payments Page 11-4 Parks, Recreation and Cultural Affairs have been unpaid for a continuous period of five (5) years. Where more than one lot has been purchased in a group of lots, and at least one of the lots has been used in that group of lots, the provisions of this section shall not apply. B. After filing the lien with the clerk of the district court in the county in which the cemetery lot is situated, the lien may be enforced by civil action. The practice, pleading and proceedings for foreclosure in such action shall conform to the rules prescribed by the Code of Civil Procedure as far as they may be applicable. SECTION 11-208 REMOVAL OF REMAINS TO OTHER GRAVE SITES; UNMARKED GRAVES A. When the bodily remains of an unknown person are discovered in an unidentified and unmarked grave of a cemetery owned or operated by the city the remains may be removed to some other grave site within the cemetery, at the expense of the city, if no record exists as to a sale or conveyance of the lot and the city is without knowledge that a body has been buried in the grave site, in the event the lot is sold to another person. B. An application for approval of the disinterment and removal of the bodily remains shall be first filed with, and approval obtained from the state health department. SECTION 11-209 APPOINTMENT OF SEXTON; DUTIES A. A sexton shall be appointed and be under the supervision of the city manager of the city. B. The duties of the sexton shall be to show parties the cemetery who contemplate the purchase of a lot and give whatever assistance that may be required in getting parties to dig graves and, when convenient, furnish the city clerk the name and age of the parties buried and he shall collect the price of lots sold and shall deliver the same to the city clerk. Page 11-5 Parks, Recreation and Cultural Affairs CHAPTER 3 SPECIAL EVENT PERMITTING Section 11-301 Definitions Section 11-302 Special Event Permitting Section 11-303 Special Event Permit Fees Section 11-304 Film Production Permit Section 11-305 Film Permit Fees SECTION 11-301 DEFINITIONS Special Event is defined as any organized activity involving the use of, or having impact upon public property and /or facilities, including but not limited to streets, sidewalks, parks, and trails, or the use of private property in a manner that requires the provision and coordination of city staff, resources, and services. (Ord. 1136, 11/6/18) SECTION 11-302 SPECIAL EVENT PERMITTING It shall be unlawful for any person, business, or non-profit entity to engage in the conduct of any special event on public property without first obtaining a Special Event Permit and paying the applicable fee(s). A special event permit may be issued for multiple dates of the same reoccurring event within the same calendar year. Applicable fees will be assessed per occurrence listed on the special event permit. The City Manager shall from time to time promulgate additional rules and regulations for said special event permit as considered necessary. (Ord. 1136, 11/6/18; 1229, 12/17/2024) SECTION 11-303 SPECIAL EVENT PERMIT FEES The schedule of fees related to Special Event Permits shall be determined by Resolution of the Owasso City Council. Events conducted by the City of Owasso are exempt from payment of fees. (Ord. 1136, 11/6/18) SECTION 11-304 FILM PRODUCTION PERMIT It shall be unlawful for any person to engage in any process conducted to make motion pictures, television programs, video games, commercials, or film productions, involving the use of public facilities or having an impact upon public property, without first obtaining a Film Permit and paying the applicable permit fee(s). The City Manager shall promulgate rules and regulations for said film permit as necessary. (Ord. 1229, 12/17/2024) SECTION 11-305 FILM PERMIT FEES The schedule of fees related to Film Permits shall be determined by Resolution of the Owasso City Council. Events conducted by the City of Owasso are exempt from payment of fees. (Ord. 1229, 12/17/2024) Page 11-6