PARD tries again to approve long-awaited cemetery rules update

For nearly a decade, the city has worked to overhaul the nearly half-century-old rules governing grave ornamentation and maintenance of Austin’s five municipal cemeteries, which are under the stewardship of the city’s Parks and Recreation Department.

PARD says the new rules are needed because the cemeteries are in a state of disrepair. Employees have been hurt and equipment damaged after mowing over grave ornamentation. Families have installed decorations and ornaments on trees, creating both an overhead and environmental hazard.

According to PARD, the proposed rules are less restrictive and more safety oriented than the current rules, but the department acknowledges the current rules were not consistently enforced. That is part of what led to the safety hazards, constrained maintenance and inconsistent practices troubling the department today.

If the rules go into effect, PARD will notify residents with large signs posted at each cemetery 60 and 30 days before a cleanup. After the cemeteries are brought into compliance, subsequent “out of compliance” items will be flagged with an immediate removal or a 30-day notice. The immediate removal notice will be delivered when items are removed due to a safety hazard. Other out-of-compliance items will be flagged and residents given 30 days to remove the items in question.

At a public engagement meeting in October, staff assured residents that they will work with the community – even by scheduling appointments for personal walk-throughs – to try to accommodate people’s grieving practices. Special considerations have already been made, but staffers encouraged anyone with questions to reach out to PARD staff.

“We understand implementing these rules pose challenges and we are more than willing to discuss individual needs with the understanding that we must preserve the rights of all customers and provide overall safety,” PARD staffers said in their October presentation.

The rules continue to be a source of community controversy. In November, Austin resident Sharon Weintraub wrote an editorial in The Austin Chronicle calling the process “nine years of bureaucratic foot-dragging, equivocations and broken promises.” She argued that since the city had not enforced or publicized its 1978 rules in the past, it “effectively waived them and these rules are now null and void.”

The Austin Monitor reached out to PARD for a response. “The current rules were not consistently enforced but that does not negate their validity,” a spokesperson said. “Before implementing equal enforcement, we have taken the opportunity to update the language and incorporate current needs and practices. Special considerations were made to accommodate as many of the grieving practices as possible in a safe and fair manner. The intent of rules in a public setting is to protect the rights of all customers while providing a safe and accessible environment.”

The proposed rules were adopted by then-acting PARD Director Kimberly McNeeley in 2018 and again in 2022, but both times were withdrawn by the city manager’s office after citizen appeals.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.