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HomeMy WebLinkAboutOrdinance - 2866-1959 - Making It Unlawful To Inter Or Bury Any Human Body Or Remains In City - 08/13/1959FOS.;.' :c~ .... -~l3 -1.9~ ORDINANCE NO. 2866 AN ORDINANCE MAKING IT UNLAWFUL TO INTER OR BURY ANY HUMA BODY OR REMAINS WITHIN THE CITY LIMITS AND WITHtN AN AREA OF 5000 FEET ADJACENT TO THE CITY LIMITS EXCEPT IN A DEDICATED GRAVE YARD OR CEMETAR Y AND DECLARING THE MAINTENANCE OR USE OF ANY PLOT OR AREA FOR BURIAL PURPOSES IN VIOLATION HEREOF TO BE A NUISANCE TO BE ABATED BY ACTION OF THE DIRECTOR OF PUBUC HEALT AND PRESCRIBING A PENALTY; DECLARING AN EMERGENCY AND THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, theCity Commission finds that for the immediate preservation of the public health, safety and weUare of thepeople of the City of Lubbock, the interment or burial of human bodies or any portion of human bodies should be permitted only in a dedicated grave yard or cemetary duly established and o.perate according to the law pertaining thereto, and; WHEREAS, the enactment of this Ordinanes is necessary to preserve the pu - lie health, safety and welfare of the people of the City of Lubbock creats an emergency, NOW THEREFORE: BE IT ORDAINED BY T EIE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. THAT t he 11 Code of Ordinances, City of Lubbock, Texas", Volume 1 b~ and the same is hereby amended so as to add thereto Section designat d as Section 15-15. 1 and 15-15.2 which shall hereafter be as follows: 11Section 15-15.1 -Bur.ial, interment, prohibited, restricted to cemetary. It shall be unlawful for any person, or association o£ persons, to inter or bury any human body or remains in any area or plot of ground within the city limits of the City of Lubbock and/ or within an area of 5000 fee~ adjacent to the city limits of said City of Lubbock except in a dedicated grave yard or cemetary duly established and operated according to the laws pertaining thereto. Section 15-15.2-Same declared nuisance. The maintenance or location and use of any plot or ground or area for burial purposes of any human body or remains in violation of Section 15-.15.1 hereof is hereby declared to be a nuisance and shall be abated by action of the Directqr of Public Health :of the City of Lubbock .. ~~ SECTION 2.. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and shall upon conviction by punished by a fine not exceed ing $200. 00. SECTION 3. '"'Tb.e:..:Cii¥ ... Sec:lte.·ta:.iycs h!=~.ll; ca. use_ tlie:!fWhliC~tiO.n;tof lhe ~ca.ptio.il.. a d: the. -p.ena,lty.:chta.,e::.in. ~e.:w..S.pape b:r.eg.ularlj .. puhlished .in1 th«; Ci<tycof. Lubb..ock once 1- w.eek:for two consecutive weeks as an alternative method of publication as provide by law • .., SECTION 4. The fact that an emergency exists as described in the preambl ..___... hereof, this Ordinance is hereby declared to an an emergency meas·ure and the ru requiring two readings of an Ordinance before final passage is hereby suspended, and this Ordinance shall become effective on and after passage hereof. ./ .... AND IT IS SO ORDERED On motion of Commissioner Thompson , seconded by Commissioner Maner , the above anCI foregoing Ordinance was unanimously passed by the City Commissioner on the 13th day of August _______ , 19 ~· , by the following vote: Commissioners ·voting 11AYE11: Thompson, Maner & Casey Commissioners voting "NAY": None . ,. ATTE~T: l:avenla we, ~ty ~c-easurer ---/L/~ -------~~ ..