Chapter 12.16
DESERT VIEW CEMETERY
Sections:
12.16.030 Preparation and Filing of Mausoleum Map and Map Showing Plots
12.16.040 Supervision of Cemetery
12.16.050 Sale and Purchase of Interment Rights
* Prior legislation: Ord. 734 and prior code §§ 6-14 through 6-19.
12.16.010 Purpose
These rules and regulations are designed for the protection of interment rights as a group. Their enforcement will help protect the Desert View Cemetery and create and preserve its beauty. These rules and regulations are hereby adopted as the rules and regulations of the City of Winslow and all owners of interment rights, visitors and contractors performing work within the Desert View Cemetery shall be subject to said rules and regulations, amendments or alterations as shall be adopted by the City of Winslow from time to time. (Ord. 1052 § 2 (part), 2007)
12.16.020 Definitions
A. The term "casket" means a commercially made container in which a body is buried, or equivalent constructed of wood, board, metal or styrofoam.
B. The term "City" means the City of Winslow and its successors and assigns.
C. The term "contractor" shall mean any person, firm or corporation or anyone engaged in placing, erecting or repairing any memorial, or performing any work in the Desert View Cemetery, other than an employee of the City.
D. The term "interment" shall mean entombment or burial of the remains of a deceased person.
E. The term "memorial" shall mean any marker or structure upon or in any lot or niche, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred.
F. The term "Director" shall refer to the City of Winslow Director of Parks and Recreation or his designee.
G. The term "owner" shall mean the legal possessor of used or unused rights of interment.
H. The term "Desert View Cemetery" (hereinafter cemetery) shall mean the area set aside, dedicated and platted for the interment of the human dead.
I. The term "perpetual care" shall mean that all lots for which interment rights are sold or transferred shall have "perpetual" care as herein defined, free of further cost to the purchaser after payment of the original purchase price.
J. The term "resident" shall mean:
1. Resident: The purchaser/deceased currently having lived within the City limits of Winslow preceding date of purchase.
2. Nonresident: A purchaser/deceased who does not meet the definition of "resident." (Ord. 1052 § 2 (part), 2007)
12.16.030 Preparation and Filing of Mausoleum Map and Map Showing Plots
There shall be prepared a map of the mausoleum, delineating the sections with descriptive names or numbers, which shall be kept on file in the office of the Director at all times. There shall, in addition, be prepared a map of the cemetery, showing the plots contained therein and a numerical list identifying the plots contained within the cemetery, which shall be kept on file in the office of the Director at all times. (Ord. 1052 § 2 (part), 2007)
12.16.040 Supervision of Cemetery
A. The City reserves the right to compel all persons coming into the cemetery to obey all rules and regulations adopted by the City by resolution.
B. The City reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the transfer or conveyance and substituting in lieu thereof other interment rights of equal and similar location as far as possible.
C. Public vehicles shall drive on designated cemetery streets only.
D. The right to enlarge, reduce, replat or change boundaries or grading of the cemetery or of a section or sections from time to time, including the right to modify or change the locations of, or any part thereof, or remove or regrade roads, drives and walks, is hereby expressly reserved.
E. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage, and other similar items is expressly reserved, as well as is the right to use the cemetery property, not sold to individual owners, for City purposes, including the interring, preparing for interment, or for anything necessary, incidental or convenient thereto. The City reserves to itself a perpetual right of ingress and egress over lots for the purpose of passage to and from lots. (Ord. 1052 § 2 (part), 2007)
12.16.050 Sale and Purchase of Interment Rights
A. The sale or transfer of any interment right by any owner or purchaser shall not be binding upon the City unless the same shall first be duly approved in writing by the properly authorized officer or other designated agent of the City, and then such interment right must be reconveyed to the City; the City shall thereupon issue a conveyance to the new owner. The same rule shall apply in all cases of assignment or purchase of contracts for interment rights. This procedure is required in order that the City may at all times have a complete and accurate record of all owners.
B. Any and all transfers of any interment right, whether the same be by conveyance or assignment of purchase contract, are subject to all rules and regulations of the cemetery which are now in full force and effect or which hereafter may be enacted. The City may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the City from the owner as recorded in the records of the City office.
C. The subdivision of interment rights is not allowed without the prior written consent of the City and no one shall be buried in any lot not having an interest therein, except by written consent of all parties interested in such lot and of the City.
D. All interment rights are sold subject to receipt of payment as prescribed by City Ordinance No. 637. In cases of interment, full payment shall be received for interment rights and opening and closing of the grave site. All other fees relating to the cemetery are prescribed in said ordinance.
E. Rules and Regulations for New Sections–I, J, K, M, N, O.
1. Only one (1) flat headstone and one (1) flower holder will be allowed on each grave.
a. No boxes, toys, shells, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree. No wooden or cast-iron bench or chair, or any wooden or wire trellis, shall be permitted to be in or brought upon the grounds except as authorized by the City for funeral services. No brick, fences, rocks, glass, or concrete (besides headstone setting) are permitted.
b. Flowers, whether cut, plastic or silk, must be placed in an approved flower receptacle with the exception of funeral arrangements. The approved flower receptacle is the flower holder in the cement collar surrounding the headstone. Management reserves the right to remove any and/or all decorations when deemed necessary for proper maintenance of the cemetery. Flowers associated with the funeral may be removed three (3) days after the interment service. The City reserves the right to remove at any time decorations which, in judgement of the employees, are determined unsightly or weathered. No glass or tin holders shall be permitted nor statues of any kind.
c. The City is not responsible for the loss or damage to anything placed on graves or lots.
d. Graveside services shall not extend beyond one (1) hour. Any time in excess of the hour limit will be subject to an hourly rate fee.
e. No planting shall be allowed on graves nor any part of a lot unless by consent of the Director.
f. All graves or lots will be cleaned off prior to cemetery maintenance. The City of Winslow and their agents are not responsible for any damages at the grave site or headstones.
g. All burials will be conducted by the Cemetery Crew.
2. Burial arrangements should be made forty-eight (48) hours before the service date.
F. Interment rights can be purchased at City Hall. This provision applies to all sales, whether made directly by the City or made by owners. No interment rights or contracts for the purchase of interment rights can be sold, assigned, transferred, pledged, or hypothecated without the written approval of the City or such agent as the officers may designate.
G. All agreements for the purchase of cemetery interment rights must be on forms approved and signed by the City. All terms and conditions for the purchase of interment rights must be recited in the purchase contract; verbal agreements or representations will not be recognized. All said agreements must provide for payment as posted in the City office for the area of the lot.
H. The City may exchange interment rights when desired by owners. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by reconveyance, before any change is effected.
I. The Director shall direct all of the improvements within the grounds and upon all lots and graves before, as well as after, interments have been made. He shall have charge of the plantings, sodding, survey and improvements.
J. One (1) headstone, flat or standing, and one (1) flower holder are the only permanent items that will be allowed on each grave. If any memorial, or any structure whatsoever, or any inscription, to be placed on the same, shall be determined by the Director to be in noncompliance with established rules and regulations of the cemetery, he shall have the right to enter upon such lot and remove, change or correct the object or objects found to be in non-compliance, offensive or improper. If any memorial or structure has been determined to be in noncompliance or offensive and removed by the Director, the owner shall be notified at their last known address to claim said memorial, which shall be retained for ninety (90) days and then disposed of.
K. If any tree, shrub or plant standing upon any lot, by reason of its roots, branches, or otherwise, shall be or become detrimental to adjacent lots or avenues, or if for any other reason its removal shall be necessary, the Director shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the conditions.
L. No person, unless authorized by the Director, shall pluck or remove any plant or flower, either wild or cultivated, from any part of the cemetery.
M. Interment rights shall be used for no other purpose than the burial of the human remains. Any personal items to be interred with the deceased must be placed within the casket prior to entering the cemetery grounds. Caskets are to remain closed after entering the cemetery grounds. (Ord. 1169 (part), 2012; Ord. 1052 § 2 (part), 2007)
12.16.060 Funeral Regulations
A. After entering the gates, funerals shall be subject to the direction of the authorized employees of the City.
B. Arrangements for an interment must be completed by twelve noon of the twenty-four (24) hours prior to the scheduled interment; except for a Saturday interment, in which case, to guarantee availability of City employees, all arrangements must be completed by twelve noon Thursday. "Arrangements" includes choice of interment site by family members, payment in full of all fees, and completion of necessary forms and authorizations.
C. Sites for interment may be located by the family or representatives of the family within an area of the cemetery designated by the City.
D. When a removal is to be made from a single grave to another grave, the formerly occupied single grave space and all rights therein revert to the City.
E. The burial of two (2) bodies in one (1) grave will not be permitted except where one occupies a horizontal space less than three (3) feet in length. No grave space may contain more than two (2) urns of cremated remains.
F. The maximum width monument allowed for a single standard size grave will be forty-eight (48) inches; the maximum for a double monument (two (2) graves) will be ninety-six (96) inches.
G. Infant Section. This section will be for burials of infants, providing the casket and/or infant liner fit within the dimension of the plot.
H. All standard grave sites will be five (5) feet by nine (9) feet.
I. In every internment, an outer container shall be used such as a concrete or fiberglass box or vault, or some type of liner made of stone, brick, or concrete. In the case of cremains, an outer container shall not be required so long as the cremains are placed and interred in a sealed, non-biodegradable urn.
J. Cemetery users are encouraged to limit grave side services to one hour.
K. The closing of the grave will take place only after all persons attending the funeral have left the cemetery or are at least one hundred (100) feet away from the grave site.
L. The minimum acceptable container for burial of the remains of a deceased person shall be a casket as defined in Section 12.16.020(A). This does not apply to urn burials. (Ord. 1237, 2014; Ord. 1199, 2013; Ord. 1191, 2012; Ord. 1169 (part), 2012; Ord. 1052 § 2 (part), 2007)
12.16.070 General Regulations
A. No pets shall be permitted in the cemetery, except for seeing-eye dogs.
B. Consumption of food or intoxicating liquors within the cemetery is prohibited.
C. No boxes, toys, shells, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, lot or tree.
D. The City is not responsible for the loss or damage to anything placed on graves or lots.
E. Any person desiring to disinter a body from a grave space must present a written permit for such removal and shall also sign a request to have such disinterment performed. These forms shall remain on file in the office of the City. The disinterment shall be performed by and/or supervised by the City.
F. No wooden or cast-iron bench or chair, or any wooden or wire trellis, shall be permitted to be in or brought upon the grounds except as authorized by the City for funeral services.
G. No person shall be permitted to enter or leave the cemetery except by the public gates, which will be open during such daylight hours as are specified by the Director.
H. Any person found on the grounds after dark shall be considered to be a trespasser.
I. Flowers, whether cut, plastic, or silk, must be placed in an approved flower receptacle with the exception of funeral arrangements. The Director may remove any and/or all decorations when deemed necessary for proper maintenance of the cemetery. Flowers associated with funerals may be removed three (3) to five (5) days after the interment service. The City reserves the right to remove at any time decorations which, in the judgment of the Director, are determined unsightly or weathered. No glass or tin holders shall be permitted nor statues of any kind.
J. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the cemetery.
K. All persons are forbidden to break or injure any tree or shrub; or mar any landmark, marker or memorial; or in any way deface the grounds of the cemetery.
L. No money shall be paid the City employees at the entrance or on the grounds.
M. No planting shall be allowed on graves nor any other part of a lot unless by consent of the Director.
N. The City may, and it hereby expressly reserves the right upon recommendation of the Director, at any time or times, to adopt new rules and regulations, or to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these regulations.
O. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The Director, therefore, reserves the right, without notice, to make exceptions, suspensions, or modifications in any of these regulations when, in his judgment, the same appear advisable. (Ord. 1052 § 2 (part), 2007)