HomeMy WebLinkAboutCS-10-94It is respectfully recommended that the General Purpose and Administration Committee recommend
to Council the following:
1. THAT Report No. CS -10 -94 be received;
2. That Section 12 (iv) of By -law 79 -104 as amended be deleted in its entirety;
3. That the By -law, Attachment #2 to Report No. CS -10 -94 be approved; and
4. That Mrs. M. Moore of Port Perry be thanked for her letter and advised of Council's decision.
1.0 BACKGROUND:
1.1 Council, at its meeting of September 27,1993 referred Mrs. M. Moore's letter dated August 31,
1993 (Attachment #1) to the Director, Community Services Department for review and Report.
1.2 In her letter, Mrs.Moore complimented the Municipality on the maintenance of the
Bowmanville Cemetery but suggested that "all artificial flowers be removed from site ".
2.0 REPORT:
2.1 The artificial flowers to which Mrs. Moore refers are arrangements which are affixed to the top
surface of the monuments. The use of artificial arrangements has grown dramatically in recent
years. Glass blocks containing a small arrangement, wreaths and other artificial arrangements
which were popular in past years are now used less frequently.
2.1 By -law 79 -104 as amended by By -law 89 -195 states in part as follows:
"12. REGULATIONS MADE UNDER THE AUTHORITY OF THIS BY -LAW
iv) GLASS BLOCKS AND WINTER WREATHS
No glass blocks or winter wreaths shall be permitted on a grave or lot after the first day
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T1 G IS PRUTEUO f1[ LED 1111 Il
REPORT NO. CS -10 -94 .2- MARCH 21, 1994
of April in any year and up to the last day of October following, and any box, container,
wreath, etc. so placed shall be removed by the Superintendent."
2.2 The By -Law Division of the Clerk's Department lacks the resources to enforce the provisions
of by -laws independently on its own initiative, therefore, the Municipality acts on a complaint
basis from the public through its By -law Enforcement Officers or the police depending on the
nature of the infraction. Prior to the receipt of Mrs. Moore's letter, neither the Community
Services Department nor the By -law Enforcement Officer have ever received a complaint
concerning the use of artificial arrangements in the cemetery.
2.3 It is staff s observation that;
a) the artificial arrangements have for the most part been well made, hold their colour and
remain in a tidy and neat condition for long periods of time.
b) the artificial arrangements provide a decoration to the monument year round.
C) many people do not have the time or inclination to become involved in
gardening but still wish to keep the grave site in a cared condition.
d) clip on arrangements accommodates maintenance around monuments.
e) artificial arrangements are popular with many citizens.
Subsequently, its staffs recommendation that Section 12 (iv) is outdated and does not
accommodate the public.
2.4 Should staff enforce the current By -law, the predictable results could be;
a) many monuments would no longer be decorated.
b) enforcement could result in delegations from the public objecting to the provisions of
the By -law.
2.5 While staff recommends an amendment to the By -law, we recognize the need to retain control
over the quality of decoration in the Cemetery for the mutual benefit of all. It is with this in
mind that staff propose By -law 79 -101 as amended be further amended by deletion of Section
12 (iv) in its entirety and replaced with (Attachment #2) an amendment to permit artificial
arrangements as described in this report.
submitted,
Vpi P:'Caruana, Director
munity Services Department
JPC: jdc
Reviewed by,
W. H. Stockwell,
Chief Administrative Officer
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ATTACHMENT I
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0.1993 .1
SEP -2
- MUNIMPALITY OF CLARINGTON
MAYOR'S OFFICE
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Attachment #2
THE MUNICIPALITY OF CLARINGTON
BY -LAW 94-
a By -law to amend By -law 79 -104, as amended, being a By -law to
provide for the maintenance, management, regulation and control of
cemeteries in the Municipality of Clarington.
The Council of the Corporation of the Municipality of Clarington enacts as follows:
That By -law 79 -104, as amended, be and the same is hereby amended as follows:
That Section 12 iv be deleted therefrom in its entirety and replaced with the following:
12 iv) Artificial arrangements, winter wreaths, simulated plants or parts of plants, or any
object or material affixed, set upon, or placed adjacent to a plot, lot or monument
in accordance with this By -law shall be maintained in pristine condition. Decorations
not maintained, in the sole opinion of the Superintendent, shall be removed without
notice, placed in storage for 30 days and, if not claimed by the said owner, shall be
destroyed.
2. This by -law shall come into force on June 1, 1994, subject to approval by the Ministry of
Consumer and Commercial Relations.
By -law read a first and second time this _th day of 1994.
By -law read a third time and finally passed this _th day of 1994.
MAYOR
CLERIC
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