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City of Sturgeon, MO
Boone County
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Table of Contents
Table of Contents
[CC 2010 § 7.080; Ord. No. 304, 5-27-1969]
There is hereby established a fund for the perpetual preservation, care, upkeep and adornment of the Mt. Horeb Cemetery, Sturgeon, Missouri, and all future additions thereto, said fund to be known as the "Mount Horeb Perpetual Care Cemetery Fund." The Board of Aldermen shall appoint a Cemetery Committee to assist and advise Board in the administration of said cemetery and fund, the members of such committee to serve until successors are appointed.
[CC 2010 § 7.090; Ord. No. 304, 5-27-1969]
The City of Sturgeon may accept and acquire by bequest, gift or donation money or funds which are designated to be placed to the credit of said fund; and all of the total sale price of each lot or burial plot hereafter sold in said cemetery, and all future additions to said cemetery, shall be deposited to the credit of said fund.
[CC 2010 § 7.100; Ord. No. 304, 5-27-1969]
Such monies and funds so placed in said fund shall be invested from time to time in bonds of the United States or State of Missouri or may be deposited in any bank or federally approved savings and loan association, and the income therefrom shall be expended for the preservation, care, upkeep and adornment of said cemetery as above provided and for no other purpose whatsoever. The principal of said fund shall not be encroached upon for any reason whatsoever.
[CC 2010 § 7.110; Ord. No. 420, 9-28-1981; Ord. No. 509, 3-1-1993; Ord. No. 708, 1-25-2010]
A. 
The City shall sell cemetery spaces to persons wishing to purchase same in the Mount Horeb Cemetery at prices as set out in Section 140.110 of this Article.
B. 
Payment in full must be paid prior to delivery of deed and before any interments.
C. 
The City Clerk or designee shall keep a written and computer record of said space purchase.
D. 
The City Clerk or designee shall follow the current Mount Horeb Cemetery Sales Check List.
E. 
Resale of burial spaces for profit is disallowed. The City will not sell spaces, lots, sections or any parcel of the cemetery(s) to persons, corporations, funeral directors or any other entity for the purpose of resale.
F. 
Resale of private spaces or lots by owner shall be allowed. However, the sale must be transacted through the City Clerk and appropriate records made thereof.
[CC 2010 § 7.120; Ord. No. 304, 5-27-1969]
All expenditures of said fund or any other cemetery fund or funds shall be allowed and paid in the same manner as other bills and accounts of the City, or in such manner as shall be the policy of the Board of Aldermen and its Cemetery Committee.
[CC 2010 § 7.130; Ord. No. 439, 5-29-1984]
The form of warranty deed to be delivered to the purchaser of all burial places, lots or plots shall be as follows:
WARRANTY DEED
MT. HOREB PERPETUAL CARE CEMETERY BURIAL LOT
THIS DEED, made and entered into on this _____ day of __________, 20__, by and between ____________________ State of Missouri, party of the first part, and ____________________ of the county of _______________ and state of __________ party of the second part,
Witnesseth:
That the said party of the first part, for and in consideration of the sum of _________________________ dollars, to it paid by the said party of the second part, the receipt of which is hereby acknowledged, does by these presents grant, bargain and sell, convey and confirm unto the said party of the second part, the following described tract or parcel of land, situated in Boone County, and State of Missouri, to wit: _________________________ of the Mt. Horeb Cemetery land to wit: ______________________________ in the section of said cemetery, according to the recorded plat thereof in the deed records of Boone County, Missouri, said cemetery also sometimes being known as the "Mt. Horeb Cemetery," TO HAVE AND TO HOLD the same, together with all the rights, immunities, privileges and appurtenances to the same belonging unto said party of the second part, and to his heirs and assigns forever, in fee, to have and to use for the sole purpose of interment under the regulations of the Board of Aldermen of the City of Sturgeon, Missouri; and the said party of the second part for himself, his heirs, administrators, and assigns, hereby covenants with the said party of the first part, its successors, assigns, that the said party of the second part, his heirs or assigns prior to the erection or placing of a tombstone or grave marker on said herein above described lot or plot, shall first obtain the permission for same from the City; and further that half tombstones and grave markers shall be provided with adequate foundation; that no obstruction such as fence, tree, shrubbery, or otherwise shall be placed on said lot or plot; the purpose being to provide a uniform and flat surface for ideal mowing and maintenance; provided, further, that any tombstone or grave marker or other obstruction placed in conflict herewith may be removed by the City.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed by its Mayor and attested by its City Clerk and its corporate seal to be affixed hereto, the day and year first above written.
Mayor
Attest:
City Clerk
[CC 2010 § 7.140; Ord. No. 304, 5-27-1969]
The Board of Aldermen may also from time to time establish and maintain other funds and accounts and investments for the holding and depositing of other funds and monies separate and apart from the Mt. Horeb Perpetual Care Cemetery Fund the principal and income of which said other funds, accounts and investments may be used for such cemetery purposes as the Board shall deem most necessary for the general care and operation of the City cemeteries.
[CC 2010 § 7.150; Ord. No. 304, 5-27-1969]
In addition to all other funds and accounts provided as aforesaid in this Code, the City of Sturgeon may accept any bequest, gift or donation to be held by the City in trust for the perpetual maintenance and care of any burial place(s) or lot(s) specifically designated by the donor(s) of said bequest, gift or donation; provided, however, that the acceptance of any such bequest, gift or donation shall not be mandatory upon the City of Sturgeon and may be refused if the restrictions on the investment thereof or any other conditions attached thereto shall be deemed unreasonable by the Board of Aldermen, or if the administration of said gift or donation might, in the judgment of the Board of Aldermen, become onerous and a burden to the City; provided, further, that the acceptance of any such bequest, gift or donation shall not constitute an undertaking on the part of the City to devote any other City funds to the maintenance and care of said burial place(s) or lot(s) in the event that the income from said investment gift, bequest or donation shall prove insufficient for the maintenance and care thereof, other than the general undertaking heretofore assumed by the City in the establishment of the Mt. Horeb Cemetery Fund herein above in this Code. Any such bequest, gift or donation which may be accepted by the City as aforesaid shall be held and kept separate and apart from all other funds of the City, and there shall be no commingling of any such cemetery trust funds unless specific authority therefor be granted by the donor(s) thereof. If the donor(s) shall not otherwise specify, the fund shall be invested in the same manner as is provided by Section 140.030 of this Article for the investment of the Mt. Horeb Cemetery Fund; provided, however, that in each case the acceptance of any such gift by the City shall be contingent upon a written agreement being executed by the donor(s) stipulating the terms and conditions, if any of the gift, and all such bequests, gifts or donations shall be deemed irrevocable.
[CC 2010 § 7.160; Ord. No. 304, 5-27-1969]
It is the intention of this Code to apply to, regulate and govern the real estate owned, operated and/or maintained by the City of Sturgeon, Missouri, as a City Cemetery, known as the "Mt. Horeb Cemetery," together with all future expansion and additions to said Mt. Horeb Cemetery.
[CC 2010 § 7.170; Ord. No. 382, 6-27-1977; Ord. No. 304; Ord. No. 708, 1-25-2010]
A. 
Any code or rule to the contrary notwithstanding, a mechanical grave digger may be used in the City of Sturgeon's cemetery properties under a special permit issued for that purpose by the City Clerk, said permit to be limited to one (1) grave and to any conditions stated therein set by the City Clerk.
B. 
A grave space is five (5) feet wide, north to south and eleven (11) feet long west to east. The west end is reserved for monument erection.
C. 
All graves shall be a uniform minimum depth of five and one-half (5 1/2) feet for standard burial and a minimum depth of twenty-four (24) inches for cremation urn burial.
D. 
The rate for grave digging of one (1) grave space is set forth in Section 140.110 of this Article.
E. 
The City will flag all grave locations for the contractor.
F. 
The contractor will not park trucks or equipment on the cemetery lawn.
G. 
The contractor will place any excess dirt resulting from grave digging in a designated area. (Note: No dirt is to be deposited on cemetery lawn other than that which will be used to refill the grave.)
H. 
The contractor will take every possible precaution to prevent damage to any monument, fence, tree, shrub, or other item in the cemetery. The contractor will also take appropriate measures to prevent damage to the cemetery lawn with equipment.
I. 
It shall be unlawful for anyone to do any digging of graves in the cemeteries unless and until specifically contracted with by the City for this purpose. The contractor must provide proof of all required insurance and agree to abide by all rules and regulations established for the digging of graves in the cemeteries.
J. 
Additional Contractor Obligations.
1. 
Contractors shall indemnify the cemetery and City of Sturgeon and hold it harmless from any injuries suffered by the contractor's employees while on cemetery premises as a result of the negligence or carelessness of the contractor or the contractor's employees or agents. Contractors will also indemnify the cemetery and the City of Sturgeon and hold it harmless from and against all loss, liability, damage and expense incurred by the cemetery resulting from the contractor's employee's tortuous acts or omissions.
2. 
Contractors shall maintain at least one million dollars ($1,000,000.00) in liability insurance coverage and maintain statutory workers' compensation coverage on all officers, partners, directors and employees involved in grave digging at the Sturgeon cemeteries.
3. 
The contractor shall annually provide a copy of said coverage to the City Clerk, City Hall, P.O. Box 387, 303 Station Drive, Sturgeon, MO 65284-0387.
4. 
Contractors are prohibited from falsely representing to owners that they are affiliated in any way, directly or indirectly, with the City of Sturgeon or Sturgeon cemeteries.
[CC 2010 § 25.260; 4-28-2008]
A. 
Cemetery User Fees. The following fees shall be charged for the Cemetery Department:
[Ord. No. 875, 6-26-2017; Ord. No. 892, 5-21-2018; Ord. No. 920, 3-9-2020]
1. 
A burial lot: four hundred dollars ($400.00). (There is no discount for purchase of multiple lots.)
2. 
Excavation of a grave: eight hundred fifty dollars ($850.00).
3. 
Excavation for a cremation urn: four hundred twenty-five dollars ($425.00).
4. 
Inspection fee for placement of a permanent headstone or marker: fifty dollars ($50.00).
B. 
All openings and closings of graves shall be performed by the City.
C. 
Urns added to occupied grave sites shall be buried at a depth between two and one-half (2 1/2) feet and three (3) feet.
D. 
From and after this date, there shall be no aboveground crypts erected in the City cemetery.
E. 
The City's grave site purchase agreement shall provide that headstones shall be erected in a timely manner. Erection within one (1) year of burial shall be deemed timely.[1]
[1]
Editor's Note: Original CC 2010 § 7.190, Cemetery User Fees, as amended, which immediately followed this Subsection, was repealed 6-26-2017 by Ord. No. 875.
[CC 2010 § 7.200; Ord. No. 439, 5-29-1984]
It is the intention of this Code to apply to, regulate and govern the real estate owned, operated and/or maintained by the City of Sturgeon, Missouri, as a City cemetery, known as the "Sturgeon Cemetery," together with all future expansions and additions to said Sturgeon Cemetery.
[CC 2010 § 7.210; Ord. No. 439, 5-29-1984]
There is hereby established a fund for the upkeep and adornment of the Sturgeon Cemetery, Sturgeon, Missouri, and all future additions thereto, said fund to be known as the "Sturgeon Cemetery Fund." The Board of Aldermen shall appoint a Cemetery Committee to assist and advise the Board in the administration of said cemetery and fund, the members of such committee to serve until successors are appointed.
[CC 2010 § 7.220; Ord. No. 439, 5-29-1984]
The City of Sturgeon may accept and acquire by bequest, gift or donation money or funds which are designated to be placed to the credit of said fund; and that all of the total sale price of each lot or burial plot hereafter sold in said cemetery, and all future additions to said cemetery, shall be deposited to the credit of said fund.
[CC 2010 § 7.230; Ord. No. 439, 5-29-1984]
Such monies and funds so placed in said fund shall be invested from time to time in bonds of the United States or shall be expended for the preservation, care, upkeep and adornment of said cemetery as above provided and for no other purpose whatsoever The principal of said fund shall not be encroached upon for any reason whatsoever.
[CC 2010 § 7.240; Ord. No. 439, 5-29-1984; Ord. No. 875, 6-26-2017; Ord. No. 892, 5-21-2018]
All lots and burial spaces sold after July 1, 2018, in the Sturgeon Cemetery, and any addition to said Sturgeon Cemetery, shall be sold for cash as set out in Section 140.110 of this Article, and the City shall give the purchaser thereof a warranty deed to the said burial place, lot or plat, signed by the Mayor and City Clerk and having the City's Seal affixed thereto. A "burial lot" shall be deemed to mean the space for burying one (1) body.
[CC 2010 § 7.250; Ord. No. 439, 5-29-1984]
All expenditures of said fund or any other cemetery fund or funds shall be allowed and paid in the same manner as other bills and accounts of the City, or in such manner as shall be the policy of the Board of Aldermen and its Cemetery Committee.
[CC 2010 § 7.270; Ord. No. 439, 5-29-1984]
The Board of Aldermen may also from time to time establish and maintain other funds, accounts and investments for the holding and depositing of other funds and monies separate and apart from the Sturgeon Cemetery Fund, the principal and income of which said other funds, accounts and investments may be used for such cemetery purposes as the Board shall deem most necessary for the general care and operation of the City cemeteries.
[CC 2010 § 7.280; Ord. No. 439, 5-29-1984]
In addition to all other funds and accounts provided as aforesaid in this Code, the City of Sturgeon may accept any bequest, gift or donation to be held by the City in trust for the maintenance and care of any burial place(s) or lot(s) specifically designated by the donor(s) of said bequest, gift or donation; provided, however, that the acceptance of any such bequest, gift or donation shall not be mandatory upon the City of Sturgeon and may be refused if the restrictions on the investment thereof or any other conditions attached thereto shall be deemed unreasonable by the Board of Aldermen, or if the administration of said gift or donation might, in the judgment of the Board of Aldermen, become onerous and a burden to the City; provided, further, that the acceptance of any such bequest, gift or donation shall not constitute an undertaking on the part of the City to devote any other City funds to the maintenance and care of said burial place(s) or lot(s) in the event that the income from said investment, bequest, gift or donation shall prove insufficient for the maintenance and care thereof, other than the general undertaking heretofore assumed by the City in the establishment of the "Sturgeon Cemetery Fund" herein above in this Code. If the donor(s) shall not otherwise specify, the fund shall be invested in the same manner as is provided by Section 140.150 of this Article for the investment of the Sturgeon Cemetery Fund; provided, however, that in each case the acceptance of any such gift by the City shall be contingent upon a written agreement being executed by the donor(s) stipulating the terms and conditions, if any, of the gift, and all such bequests, gifts or donations shall be deemed irrevocable.
[CC 2010 § 7.290; Ord. No. 708, 1-25-2010]
A. 
Position Of Cemetery Sexton Established.
1. 
The Mayor shall, with the approval of the Board of Aldermen, appoint a person as Sexton who is an employee of the City.
2. 
The Sexton shall, at the expiration of his or her appointment, deliver to his or her successor all books, charts, plats, tools and other things pertaining to his or her office, and shall impart to his or her successor all useful information in his or her possession as may better able his or her successor to discharge the duties of Sexton.
B. 
Duties Of Cemetery Sexton.
1. 
The Sexton shall identify and mark all graves upon notification of a burial.
2. 
The Sexton shall supervise the digging of all graves.
3. 
The Sexton shall supervise the erection of monuments as described in Section 140.210 of this Article.
4. 
The Sexton shall investigate in a timely manner complaints received regarding the cemetery(s).
5. 
The Sexton shall assist in the prosecution of all violations of the provisions of this Code.
6. 
The Sexton shall remove funeral service flowers within seven (7) days of burial.
7. 
The Sexton shall from time to time review the lawn maintenance of the cemeteries to ensure that lawn care is being conducted in accordance with the specifications.
8. 
The Sexton shall perform duties as assigned by the Cemetery Committee.
[CC 2010 § 7.300; Ord. No. 708, 1-25-2010]
A. 
The owners of spaces shall be permitted to erect thereon a reasonable monument subject to the following:
1. 
Every monument or grave marker shall be placed upon a concrete apron (concrete base) that is even with the ground level and which shall extend beyond the perimeter of the monument or grave marker for a distance of four (4) inches on all sides. The concrete apron shall be finished smooth and edged with an edging tool so as to have a smooth radius around the perimeter.
2. 
The concrete apron shall be at least thirty (30) inches below ground level, with no additional reinforcement required if the foundation is four (4) feet or less in length. The foundation will be flat across the bottom with square corners.
3. 
For foundations longer than four (4) feet there shall be one-half-inch reinforcing steel bar for each six (6) inches of width in the longitudinal direction two (2) inches from the bottom of poured concrete and the same two (1) inches from the top of the poured concrete.
4. 
No other monuments or grave markers may be placed on a space or lot for an individual grave in addition to the first monument or grave marker.
5. 
Every monument or grave marker shall be erected on the west end of the space or lot, facing a rising sun with the name, dates of birth and death placed on the east side of the monument or on the grave marker so it can be read from the east end of the space or lot.
6. 
Any second grave marker designating the burial or cremated remains may be placed adjacent to, and east of the first monument or other grave marker on a separate base, provided the second grave marker is level with the ground. A marker designating the person buried as a veteran of the Armed Forces of the United States of America may be placed as a footstone. The base of the second grave marker shall have a depth of at least eighteen (18) inches. The bronze veteran's plaques of either size may be permanently affixed to the west side of a permanent monument or grave marker as an alternate to the footstone.
7. 
No footstones or cornerstones shall be allowed, except as provided above for veterans of the Armed Forces of the United States of America.
8. 
Further, every apron shall be installed subject to the above guidelines and shall be aligned exactly with all other aprons in the same row of this Section. The Cemetery Sexton or designee shall provide assistance for this purpose.
B. 
The monument shall be erected in the following manner:
1. 
Monument companies must contact and make arrangements with the City Clerk or Sexton forty-eight (48) hours prior to installation of footing.
2. 
Installation of footing and/or monument must take place between the hours of 7:30 A.M. and 3:30 P.M. Monday through Friday (Note: special arrangements for Saturday installation with proper notice).
3. 
The contractors will provide a copy of a signed work order and a diagram showing the layout and location of the monument forty-eight (48) hours prior to the installation of the footing. The contractors will contact the City Clerk or Sexton twenty-four (24) hours prior to actual monument installation. (Note: These can be faxed to 573-687-3474 or e-mailed to the City at city@sturgeon-mo.org.)
4. 
The contractor will be charged an installation/inspection fee per monument to be paid prior to the installation of the footing. Fee as set forth in Section 140.110 of this Article.
5. 
The City will flag all monument locations for the contractor.
6. 
All monuments will be placed at the head of the grave facing the east. All foot markers will be set flush with the ground.
7. 
All monuments, including headstone, vases and decorative sculptures, will be set on a concrete pad.
8. 
The length of monuments, including the pad, shall not exceed the width of the grave space. Except that in the case of a double or triple, the length shall not exceed the combined width of the grave spaces.
9. 
Footing will be constructed of concrete blended appropriately with water in an appropriate container (such as a wheelbarrow or portable mixer) or from a concrete company. (No dry cement to be poured into the hole opening)
10. 
All footings must cure for a minimum of twenty-four (24) hours prior to actual installation of the monument and covered in temperatures thirty-two degrees (32°) and below for cure time.
11. 
All footing installations will be inspected by the cemetery Sexton or designee prior to the contractor leaving the cemetery.
12. 
All monuments and footings will be installed with contour of the ground.
13. 
The contractor will not park truck or equipment on the cemetery lawn.
14. 
The contractor will place any excess dirt resulting from footing installation in a designated area. (Note: No dirt is to be deposited on the cemetery lawn.)
C. 
It shall be unlawful for anyone to set any monument in the cemeteries without first registering with the City, providing proof of all required insurance and agreeing to abide by all rules and regulations established for the erection of monuments in the cemetery.
D. 
The contractor shall guarantee all products for a period of at least two (2) years, during which time the contractor will make repairs or corrections in materials and installation within thirty (30) days after receiving notification from the City Clerk or Sexton.
E. 
If any monument or grave marker is placed in conflict herewith or with City Codes, the same may be removed by the City, as provided for by City Code.
F. 
Additional contractor obligations, as noted in Section 140.100, apply.
G. 
When no monument is erected at the time of interment, a temporary marker must be placed within one (1) week of interment. A permanent marker must be erected within one (1) year of interment.
[CC 2010 § 7.310; Ord. No. 708, 1-25-2010]
A. 
Every dead body which is buried in City of Sturgeon cemetery properties shall be enclosed in a coffin or a casket. Such coffin or casket may or may not be placed in a vault (sealing or non-sealing burial case).
B. 
The ashes of a cremated body which are buried in City of Sturgeon cemetery properties shall be enclosed in an urn or vessel for that purpose.
C. 
No more than two (2) urns or vessels will be allowed on one (1) grave space. It shall also be allowable that one (1) urn or vessel be buried on top of a coffin or casket. Special requests may be made to the Board of Aldermen for special circumstances.
D. 
It shall be unlawful for any person to abandon, dispose of, desert, leave or scatter the ashes of a cremated human body or all or part of a dead human body within the City of Sturgeon or cemetery properties without burying said ashes or body in the City of Sturgeon cemetery properties in compliance with this Code.
E. 
Only human bodies or human cremated ashes shall be buried in the City of Sturgeon cemetery properties.
F. 
It shall be unlawful for any burial to take place without first registering with the City.
[CC 2010 § 7.320; Ord. No. 708, 1-25-2010]
The City and/or Cemetery Board will, after the ground is settled, level and seed until a reasonable stand of turf is established and maintain as such. No grave shall have a mound or any elevation of earth over said grave above the level of the earth adjacent thereto.
[CC 2010 § 7.330; Ord. No. 708, 1-25-2010]
The Board of Aldermen may contract with any citizen of the City or other person for the care, repair, maintenance, digging of graves and mowing of the cemetery properties upon such terms as the Board may deem advisable. Such contract shall be accepted by motion of the Board.
[CC 2010 § 7.340; Ord. No. 708, 1-25-2010]
A. 
The owners of spaces shall be permitted to ornament such space in any reasonable way subject to the following:
1. 
Decorations and adornments to graves and lots must be permanently affixed to the monument and limited to vases, sculptures and veterans' bronze plaques.
2. 
No obstruction such as fence, railing, tree, shrubbery, shepherd's hooks, solar lights, electronic devices emitting sound or light, and any other decorations not permanently attached to the monument shall be placed on said space or lot, the purpose being to provide a uniform and flat surface for ideal mowing and maintenance.
B. 
Flowers and decorations are allowed on the ground from November 1 to April 1, and seven (7) days before Memorial Day and seven (7) days after Memorial Day.
C. 
The City of Sturgeon reserves the right to remove flowers and decorations.
[CC 2010 § 7.350; Ord. No. 708, 1-25-2010; Ord. No. 756, 11-28-2011]
It shall be unlawful for any person to be inside the premises of any City cemetery, including Mount Horeb Cemetery, between the hours of 9:00 P.M. and 6:00 A.M. of any day, except for any City employee while performing his or her City duties. Notice of the general cemetery closure provision may be given by the posting of one (1) or more signs.
[CC 2010 § 7.360; Ord. No. 708, 1-25-2010]
A. 
It shall be unlawful for any person, while on land owned by the City of Sturgeon and operated by the City as a cemetery or cemeteries, to engage in any one (1) of the following enumerated actions:
1. 
To drive any vehicle such that one (1) or more of its tires shall roll or pass off the established roadways therein, except an officer of the law when necessary in the performance of his or her duties.
2. 
To possess or consume alcoholic beverages, including beer containing alcohol and any other beverage containing alcohol, or to be intoxicated.
3. 
To spread or discard litter on the premises.
4. 
To loiter, engage in an act of vandalism, or to disturb any monument or symbol of respect to the dead, on said premises.
5. 
To park on the grass or other non-paved areas in the cemeteries unless specifically authorized by the City.
6. 
To pull down or in any manner destroy any gate, fence or railing around the cemetery or graveyard, or turn loose any animal onto said cemetery property.
7. 
Without lawful authority, erase, or deface any inscription upon any monument, slab, head or foot board, or stone; or write, carve, scratch, or in any manner deface any grave, stone, head or foot board.
8. 
Pull down or dig up or destroy in any manner any species of flower, shrub, shade or ornamental tree.
9. 
Discharge any kind of firearm on any cemetery property, except in the performance of a burial ceremony.
10. 
Drive on or through the cemetery lawn, including funeral processions, unloading casket, vault unloading and tent equipment unloading and loading.
[1]
Editor's Note: Former Section 140.280, Street and/or Alley Vacations, which derived from Ord. No. 917, 2-24-2020, was repealed 7-25-2022 by Ord. No. 945.