Chapter 12.12
CEMETERIES Revised 7/18
Sections:
12.12.010 Cemeteries designated. Revised 7/18
12.12.020 Prohibitions – Burial without landowner’s permission.
12.12.030 Prohibitions – Burial in city cemeteries without permits.
12.12.040 Prohibitions – Burials within closed portions of city cemeteries.
12.12.050 Prohibitions – Vandalism.
12.12.060 Prohibitions – Use of auger during summer season.
12.12.080 Mayor to designate closed areas.
12.12.090 Amendment of closed area.
12.12.100 Permit – Application forms.
12.12.110 Permit – Application.
12.12.010 Cemeteries designated. Revised 7/18
The following city lands are designated as public cemeteries:
A. Lot 7, Block 20, Townsite of Utqiaġvik, Alaska;
B. Tract D, Browerville Addition No. 2;
C. Tract V, Plat 91-3, on Emaiksoun Road. (Ord. 02-2017 §2(part); Ord. 94-18 §4(part): Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.020 Prohibitions – Burial without landowner’s permission.
No person may bury or assist in burying any human remains at any location within the city without the express consent of the owner of the land upon which the burial site is located. (Ord. 88-7 §3(part): Ord. 87-14 §3 (part), 1987)
12.12.030 Prohibitions – Burial in city cemeteries without permits.
No person may bury or assist in burying any human remains within the public cemeteries designated by Section 12.12.010 unless:
A. The coroner has issued a burial/transit permit authorizing such burial;
B. The mayor or his designate has issued a city burial permit authorizing such burial; and
C. Such burial is conducted in accordance with the terms of the city burial permit. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.040 Prohibitions – Burials within closed portions of city cemeteries.
No city burial permit may be issued authorizing any burial to be made within any area designated by the mayor as closed to further burials. No person may bury or assist in burying any human remains in any portion of a cemetery designated by this chapter which has been designated by the mayor as closed to further burials. No person may bury or assist in burying any human remains in any location in which any human remains have been encountered in the course of excavation. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.050 Prohibitions – Vandalism.
No person may knowingly disturb any human remains which have been buried at any location within the city except in compliance with state law relating to disinterment. No person may disturb any grave marker or memorial in any city cemetery. Except to the extent necessary to perform any permitted burial or to erect any grave marker or memorial, no person may disturb the ground within any city cemetery. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.060 Prohibitions – Use of auger during summer season.
No person shall utilize any auger for the purpose of excavating any grave within any city cemetery during the months of June through September of any year, unless the mayor authorizes use of an auger upon demonstration that the gravesite can be reached without undue disturbance of the ground or other graves. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.070 Grave registry.
The mayor shall establish and maintain a registry of known and suspected graves within the city cemeteries. For each known or suspected grave, the registry shall include, to the extent possible, the location of the grave, the identity of the person whose remains are buried in the grave, and the date of the burial. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.080 Mayor to designate closed areas.
The mayor may designate portions of city cemeteries which are known or suspected to contain existing graves as closed to further burials. Unless emergency circumstances require its opening, the mayor shall designate the cemetery located in Tract D of Browerville Addition No. 2 as closed. In making such designations, the mayor shall consult with individuals and organizations in the city whom the mayor considers likely to provide either useful information on the locations of existing graves or assistance in conforming such designations to the concerns of the community and of affected families. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.090 Amendment of closed area.
The mayor may from time to time amend the designation(s) of areas closed to further burials under Section 12.12.080 in response to newly obtained information, and in recognition of the concerns of the community and affected families. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.100 Permit – Application forms.
The mayor shall make available forms for application for city burial permits. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.110 Permit – Application.
An applicant for a city burial permit shall:
A. Identify the person whose remains are to be buried, or specify that the identity of the deceased is unknown;
B. Identify the specific location within a designated city cemetery at which the proposed burial is to be made; and
C. Identify the date of the proposed burial. (Ord. 94-18 §4(part): Ord. 88-7 §3(part): Ord. 87-14 §3 (part), 1987)
12.12.120 Permit – Issuance.
The city clerk shall promptly issue a city burial permit to each person who complies with the requirements of Section 12.12.110. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.130 Permit – Return.
Each person to whom a city burial permit is issued shall return the permit to the city clerk within one week after the burial date stated on the permit. The permittee shall endorse on the permit either that the burial was made on the date and in the location specified on the permit, or, if the burial was made on a different date or at a different location, shall specify the actual date and location of the burial and briefly explain the reason for such difference. If any human remains were encountered in the course of excavating any grave in preparation for the permitted burial, the permittee shall also identify the location in which such remains were encountered and shall endorse on the permit, under penalty of perjury, that the remains encountered were immediately returned to the excavation in which they were discovered and that such excavation was immediately closed. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)
12.12.140 Violations – Fine.
Violation of any of the provisions of this chapter shall constitute an infraction and shall be punishable by a maximum fine of three hundred dollars. (Ord. 88-7 §3(part): Ord. 87-14 §3(part), 1987)