Cemetery Rules Review

Online Comments from September 6 through October 11, 2022
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Responses 322
Comments 194
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Please share your comments on subsections 14.4.1 Purpose and 14.4.2 Applicability.
The immediate response to your new projected rules talk about cars staying on streets....while the new paving has been appreciated, it was immediately noticed that you did not keep the width of the roadway consistent, thus in some places, it is not possible to stay on the asphalt and another car pass....poor planning on someone's watch....thus this rule needs to be addressed.....in addition, I feel your rule of allowing your dept to pull shrubs or flowers, if kept neatly, is over the line....we purchase the spaces and then are told that meaningful tributes are subject to your extracting from the gravesite...I feel this should also be reconsidered...within some reason and logic....
Robert O.Williams,Jr.
Austin Memorial Park Cemetery
Reply8 Agree2 years ago
I think it's very interesting that the public Zoom meeting is scheduled on Yom Kippur, the holiest day of the year for Jews. Some of the most active stakeholders in Austin cemetery "conversations" are Jewish and will be observing this important holiday. It appears to me that the public meeting might have been scheduled to purposely weed out stakeholders who will disagree with some of the proposed rules, especially regarding grave decorations, mementos, and plantings.
Reply6 Agree2 years ago
Totally Agree! Especially related to respect for the dead. There is a need to understand and acknowledge that there are cultural and ethnic differences regarding how respect for the dead is defined and implemented.
Reply5 Agree2 years ago
Invest in some permanent benches so people won't be tempted to buy ones that fall apart. Allow plantings. Allow Stuff. Not a military cemetery and bring back some "life" to the old ASH cemetery.. Maybe erect tombstones that can be seen, but IDK, something. Depressing and lonely.
Reply4 Agree2 years ago
My concern about having a dog park at Ortega Elementary after school effects the small children that are excited to go out during school to play .And having to step in poop that isn't getting picked up by the owners I have witnessed it myself . And I brought it to the schools attention and they said it's a public park.So I am addressing it to the city because no one wants to have their child at school smelling like dog poop .It's ridiculous. They need to go to a actual park and make it there. Not one that has to be used by the school.
Reply2 Agree2 years ago
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Please share your comments on subsection 14.4.3 Definitions.
12 the insdstry standard is not sand or pea gravel. it is angular gravel and sand conpacted as a sub base then in the case of a VA tablet it is placed and packed into place as you fill the void , checking level as you go.

there are other terms you use in the proposed rules that need to be defined such as event and tours
Reply6 Agree2 years ago
Agree with Dale about definitions of ‘events and tours’
Reply2 Agree2 years ago
What about events?
What about tours?
ReplyAgree2 years ago
As a member of Save Austin's Cemteries, we give tours to schools, groups and others interested in Austin History. What is an event? We have 2 larger tours per year which bring in 100+ people to learn about the residents of the cemeteries.
ReplyAgree2 years ago
As a member of Save Austin's Cemeteries we give "tours" to schools, organizations and groups as a means of sharing the history of Austin through the residents of the cemeteries. What is an "event"? We have 2 larger tours per year with 100+ people attend.
ReplyAgree2 years ago
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Please share your comments on subsection 14.4.4 Use of Cemeteries Generally.
Pets that are on a leash must be allowed to be brought into a cemetery by visitors. These pets are a calming and peaceful companion brought to help family members with their grief.
Reply12 Agree2 years ago
Whole heartedly agree about dogs, on leash or not. The cemetery is not the place for peoples pets to relieve themselves or run loose. Through out the City of Austin there are spaces designated for ‘authorized staff only’, including City Hall. Not sure why there would be an exception in any of cemetery spaces?
Reply6 Agree2 years ago
H I agree with wording events, as long as it is defined better. a family reunion in the area that comes to visit an ancester could need premission as this is loosly written. lets cover tours, if they are large groups and the guide is being paid for their service, you bet. I do take exception to the broad language that would make it ileagle for me to walk a girl scout troup or any other group of 15 or less persons and share with them the many stories that the site holds. This is a public space. The public has a right of asembly and a freedom of speech, to give the cemetery operations sole discreation as to who has the right to conduct a free public tour is absurd, no doubt they will want to preview any content or programs that may take place. At rest in Oakwood in a journlist who faught mccarthy and is band (are you now or have you ever been a communist) the operations people are not on site during hrs. they do not challange the dog wakers, ever this is just another rule they will selectivly enforce if they feel like it
Reply7 Agree2 years ago
people bring their dogs into the cemeteries ALL THE TIME !! just the other day two large dogs came running up to me. That could have been dangerous given some dogs' predispositions... THE CITY NEEDS TO DO A BETTER JOB ENFORCING THE NO PETS RULE. Patrol more frequently and increase fines. (and I say this as a dog owner myself...)
Reply6 Agree2 years ago
Look, I am an animal lover, and I understand our attachments. In this case, I agree that pets should not be allowed. Humans don’t always control their animals, nor do they always pick up after them. We have issues in our neighborhood when owners walk their dogs, the dogs do their business, and the human just leaves the poop...and I’m in a great neighborhood. Then there’s the potential for barking. Rather, I prefer to enjoy and protect the birds, bees, lizards and other creatures that make their homes in our cemeteries. Obviously, legitimate service animals get a pass.
Reply5 Agree2 years ago
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Please share your comments on subsection 14.4.5 Cemetery Operations Rights and Responsibilities.
I have to say, the city does an absolutely TERRIBLE job protecting and preserving the trees on public cemetery grounds! In the last drought several years ago (2011?), __numerous__ old oak (and pecan?) trees died (it was a staggering number !!) simply because no one bothered to water them!! These were big, tall old trees in the oldest, most historic, public cemetery in austin, and the city did nothing to protect them. That was a dereliction of your responsibilities, which sadly continues as the city is doing little or nothing to control the spread of ball moss in other locations, such as at Austin Memorial Park on Hancock which is filled with trees that are being consumed by ball moss! You know, if I try to cut a tree down, I have to get permission from a city arborist, but the city is allowing hundreds of trees to suffer from lack of care.
Reply12 Agree2 years ago
Family members should be notified in advance if it is planned to relocate the remains of their loved one.
Reply8 Agree2 years ago
Under Section 713.011 (Maintenance Of Municipal Cemeteries), Texas Health and Safety Code, a municipality that operates or has jurisdiction over a public cemetery must maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare. This includes

(b) A municipality's responsibility to maintain a cemetery under this section includes:

(1) repairing and maintaining any fences, walls, buildings, roads, or other improvements;

(2) leveling or straightening markers or memorial;

(3) properly maintaining lawns, shrubbery, and other plants;

(4) removing debris, including dead flowers and deteriorated plastic ornaments; and

(5) promptly restoring gravesites following an interment.

You have a LEGAL DUTY to under STATE LAW maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare, not some option or right you can choose to exercise when you see fit.
Reply6 Agree2 years ago
The heading says rights and responsibilities but A only says they have the right to perform the following activities. (A) should say the Cemetery Operations has the right and responsibility to perform the following activities to preserve the public health, safety, comfort, and welfare:
Reply3 Agree2 years ago
If 14.4.5 is to preserve to monuments, grounds and perimeter then you must stop using private contractors. I've seen them speed all over the grounds, hit tombstones and fencing then speed off without any regard for the damage they've done. At least the park employees take care not to damage the stonework
Reply3 Agree2 years ago
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Please share your comments on subsection 14.4.6 Space Holder Rights and Responsibilities.
(B) An owner must notify Cemetery Operations before repairing memorials and mausoleums.
The lots are private property that have belonged to families over generations. The City has taken or assumed responsibility since 2013? I am not going to ask the City for approval before wiping off my mother's or father's , or aunt's or etc... headstones.
Reply9 Agree2 years ago
Re: section (B) above :
simply _cleaning_ a monument should NOT require prior aproval by the city _unless_ the monument is sufficiently old and/or weathered that cleaning would damage it irreparably.

also, it would be nice, if under section (B) above, the city was required to respond within a certain number of days (10 or so) giving either its approval or reasons why it was not given, and if more than the required number of days lapses, the parties have the right to undergo their intended repairs without city approval. As it is now, there is no language stating how long the city has to respond.

Re: section (D) :
this sounds rather heavy handed, in that the heirs of a monument that their great grandparents erected over a century ago, are now responsible for the cost to maintain, repair, or even replace a monument they had nothing to do with originally...

*** Is that what is intended by the language in this section?? ***

If so, then given the cost of bot h labor and materials have increased __astronomically__ compared to when these monuments were originally constructed, the cost to repair or replace them would likely be well beyond the financial means of their current heirs, so it seems unreasonable for the city to undetake repairs and the bill the descendents _after the fact_. If this is the intent, then this need to be reconsidered, ideally in dialogue with the people/stakeholders who fall within this category.
Reply8 Agree2 years ago
Under Section 713.011 (Maintenance Of Municipal Cemeteries), Texas Health and Safety Code, a municipality that operates or has jurisdiction over a public cemetery must maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare. This includes leveling or straightening markers or memorial. The law is very clear, it is your LEGAL DUTY to level or straighten memorials. There is nothing under state law that authorizes you to dodge your legal duty by imposing it on the space holders or heirs. Nor is there anything in state law permitting you to transfer the cost to space holders. You have admitted in the past that your record keeping is so poor, you don't even know how to contact many space holders. So I guess you answer is to simply let the grave takers tumble like dominos rather than follow state law.



You have a LEGAL DUTY to under STATE LAW maintain the cemetery in a condition that does not endanger the public health, safety, comfort, or welfare, not some option or right you can choose to exercise when you see fit.
Reply6 Agree2 years ago
B & C you are aware that at Oakwood cemetery the lots were sold as private property and not a right of scuplture, everyone will agree that the monuments are the private property of the families that placed them there. the issue is with a cemetery as old as Oakwood you are 6 and 7 generations removed form the person at rest. the current generation in most cases are not willing to spend monies to correct things. you know this. the industry has strict process to use a space that was orgionly purchsed by another. you do not follow that. you have a person sign a release and hold harmless the city of austin, and the persons signs accecepting responsibility without ever provideing you with any legal documentation on how they are the sole legal owner of the lot. the State of Texas , nor the city of Austin ,does not have any laws on the books that address abandoned cemetery property. the monument 50 years or older are protected by state law, you can not just replace them if you feel like it look to the cemetery master plan. section D should address monuments that "pose a risk to the public" and that standrads is not in writting anywere State law allows basically anyone the right to care for a grave under "reasonable rules" adopted by the city, you will not try to adopt a 5 page form and extort $80.00 to review a request as hyou have in the past. it will come back as it did before to bite you.
Reply3 Agree2 years ago
Need reconsideration about the policy of removing all loose benches. If they’re in bad shape, of course remove them. But there are many older and disabled/less-abled folks who need to sit when they are visiting. It’s good to have some loose benches available that can be shared for such times, then replaced at their site. If it is a matter of difficulty when mowing, then perhaps some benches can be placed in a few designated areas of each section, to be shared.
Reply2 Agree2 years ago
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Please share your comments on subsection 14.4.7 Interments.
When I purchased 2 plots several years ago I did so with the understanding that 2 caskets or 4 cremated remains could be interred in each plot. How can that be changed now? It would mean families would need more plots and might be scattered around the cemetery.
Reply3 Agree2 years ago
Re: section (A) above--
this should be amended to say that the Owner __or their Assignees (such as a mortician and/or funeral home staff)__ are responsible for.... (etc) This is generally handled by the funeral home is it not? It should not be a requirement that is specifically placed upon the Owner, especially during the bereavement period after a loved one's death...
Reply1 Agree2 years ago
I'm not sure what the purpose of (C) (2) and (3) are. These are dead people's remains. What does the city care about piling in a bunch of urns?
ReplyAgree2 years ago
14.4.7.(C).(2) needs clarity. Does this mean that in a space that contains a casket, only one interment of cremated remains is permitted in addition to the remains in the casket??
ReplyAgree2 years ago
14.4.7.(A), needs some clarity. If Cemetery Operations is NOT LIABLE for accuracy of information, who is?
ReplyAgree2 years ago
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