Chapter 14.16 EL CARMELO CEMETERY

For the mutual protection of every burial site purchaser this chapter sets forth the rules and regulations of El Carmelo Cemetery. All burial sites sold shall be subject to said rules and regulations, and subject, further, to such other rules and regulations, amendments, or alterations, as shall be adopted by the city from time to time, and the reference to these rules and regulations in the certificate of ownership to burial sites shall have the same force and effect as if set forth in full therein. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(1), 1952].

14.16.020 Sexton’s duty at funerals.

All funerals, on reaching the cemetery, shall be under the charge of the sexton or his or her assistants. [Ord. 210 N.S. § 6-201(2), 1952].

14.16.030 Interments subject to city, county, state regulations.

Besides being subject to these rules and regulations, all interments, disinterments, and removals are made subject to the orders and laws of the properly constituted authorities of the city, county, and state. [Ord. 210 N.S. § 6-201(3), 1952].

14.16.040 Time, manner, and charges for interment fixed by city.

All interments, disinterments, and removals must be made at the time and in the manner and upon such charges as fixed by the city. [Ord. 210 N.S. § 6-201(4), 1952].

14.16.050 Activities on Saturdays, Sundays and holidays.

No cemetery activities requiring the presence of city staff shall take place on Sundays or on legal holidays. Activities requiring the presence of city staff on those days may occur in unusual circumstances, provided appropriate cemetery staff is available. Additional fees shall be charged to cover increased city costs to provide such services. [Ord. 11-019 § 2, 2011; Ord. 1075 N.S. § 1, 1979; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(5), 1952].

14.16.060 City’s right of notice.

The city requires a minimum of one business day’s notice prior to any interment and a minimum of one week’s notice prior to any disinterment. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(6), 1952].

14.16.070 Request for cemetery services.

The city may refuse to perform any cemetery service except upon request to the city by the owner of record of the subject burial site, or their representative. An applicant shall sign forms and pay fees as required by the city before the performance of any cemetery service. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(7), 1952].

14.16.080 City-approved liners required.

Every in-ground full-body burial shall be enclosed in a liner approved by the city, the actual installation of which shall be made or supervised by city employees. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(8), 1952].

14.16.090 Discretionary power of sexton to substitute burial spaces.

If city records are in any way unclear as to the exact location or ownership of a specific burial site, or when, for any reason, the city determines a burial site cannot be used as intended, the city may, at its sole discretion, elect to use another available burial site of equal or greater value and suitable location in order not to delay a scheduled burial or to correct site ownership records. The site so used shall be conveyed to the owner in place of the original site. The city shall not be liable for damages as a consequence of such circumstances or actions. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(9), 1952].

14.16.100 City’s right to correct errors.

The city may correct any error it may make in performing any cemetery function, including, but not limited to, burials or removals of same, and sales of burial sites. In the event a burial is placed incorrectly, the city may remove, transfer, or re-inter the incorrectly placed remains to the correct site or to a site of equal or greater value. In the event a sale is made incorrectly, the city may substitute and convey to the purchaser a site of equal or greater value, or, at the city’s sole discretion, refund the money previously paid for the purchase. The city may correct any errors made by others in inscribing names and dates on memorial markers or containers for cremated remains. Inscription error corrections may be made by the city as the city in its sole discretion deems necessary. Cost of corrections shall be billed to the owner of the burial site, except for those errors for which the city is responsible. The city shall not be liable for damages as a consequence of such circumstances or actions. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(10), 1952].

14.16.110 Number of burials per site – Urn and marker requirements.

Urns containing cremated remains that are to be interred in any burial site other than a niche or crypt shall be attached to a marker which conforms to the requirements in PGMC 14.16.210, the whole to be set in concrete with the marker flush with the ground. An urn that is contained within a casket is not required to be attached to a marker. All urns containing cremated remains must be made of bronze. Not more than one urn shall be interred in any burial site that does not exceed four square feet in area. Including caskets and urns, the number of burials in any one in-ground burial site shall not exceed one casket and two urns or no caskets and three urns (a total of three burials) in a single burial site, or two caskets and two urns or one casket and three urns or four urns (a total of four burials) in a double burial site. The number of markers placed on any burial site shall not exceed three, subject to the requirements in PGMC 14.16.210. The city may, at its sole discretion, grant permission to exceed the stipulated number of burials and/or markers per site upon written request from the owner of the site. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(11), 1952].

14.16.120 Charges – Time for payment.

Charges for cemetery services shall be paid in full prior to the performance of the services. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(12), 1952].

14.16.140 Transfer of burial site ownership.

No transfer or assignment of any burial site, or interest therein, shall be valid without the consent in writing of the city, and thereafter being recorded on the books of the city. 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 of record. All transfers of ownership of plots shall be subject to a fee established by council resolution, payable upon recordation of the transfer. At the city’s sole discretion, it may buy back burial site(s) previously sold. The city manager is authorized to negotiate the price the city may pay to buy back site(s), depending on the current price and the marketability of the site(s) in question. The city shall not reimburse any portion of the cost of endowment care or any other fees previously paid. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(14), 1952].

14.16.150 Care of burial sites.

All grading, landscape work and improvements of any kind, and all care of burial sites, shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed, and all openings and closing of plots, and all interments, disinterments and removals shall be made only by the city. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(15), 1952].

14.16.160 Placement and removal of objects at burial sites, niches, or crypts.

Flower vases and flags that comply with the following requirements are approved for use in the cemetery:

(a) Vases placed at in-ground burial sites must be constructed of metal, and each must be retractable so it can be lowered to ground level. Plants or flowers shall be of reasonable size. Each vase or vase type shall be approved before installation.

(b) Vases may be mounted on the face of a niche or crypt, such that the vase and flowers shall not infringe upon the face of any other niche or crypt, or obstruct the inscription on any adjacent niche or crypt. Plants or flowers shall be of reasonable size.

(c) Flags shall not exceed eight inches wide and 12 inches long. Only one flag per marker is allowed. Each flag must be secured so as to prevent the flag from touching the ground.

The placement of any other object, such as potted plants, at an in-ground burial site, niche, or crypt, is prohibited.

Person(s) placing objects at an in-ground burial site, niche, or crypt shall remove or cause to be removed all objects no later than seven days after placement.

The city may remove, dispose of, or destroy any object, except for an approved vase in acceptable condition, on a monthly scheduled basis, or more frequently as necessary, whether or not seven days have elapsed from the date of placement. Scheduled removal dates shall be prominently posted. [Ord. 15-017 § 2, 2015; Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(16), added by Ord. 378 N.S., 1961].

14.16.170 City’s right to make improvements, change boundaries, etc.

The city reserves the exclusive right to make changes to the cemetery grounds or structures, including, but not limited to, the right to enlarge, reduce, replat, and/or change the boundaries or grading of the cemetery or of a section or sections, from time to time, including the right to modify, change the locations of, remove, or regrade roads, drives, and/or walks, or any part thereof. The city also reserves the right to use cemetery property, not sold to individual plot owners, for anything necessary, incidental, or convenient thereto. The city reserves to itself, and to those lawfully entitled thereto, a perpetual right of ingress and egress over burial sites for the purpose of passage to and from other burial sites. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(17), 1952].

14.16.180 City employees prohibited from accepting gratuities.

No person, while employed by the city, shall receive any fee, gratuity or commission, except from the city, either directly or indirectly, under penalty of immediate dismissal. [Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(18), 1952].

14.16.190 Liability of city for burial site damage.

The city shall take reasonable precaution to protect burial site owners, and the property rights of burial site owners, within the cemetery, from loss or damage; but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, thieves, vandals, unavoidable accidents, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(19), 1952].

14.16.200 Endowment care – Regulations.

(a) Items Included. The term “endowment care,” used in reference to burial sites, shall be held to mean the cutting of grass upon said burial sites at reasonable intervals, the raking and cleaning of the burial sites, the pruning of the shrubs and trees that may be placed by the city; meaning and intending the general preservation of the burial sites, and the grounds, walks, roadways, boundaries and structures, to the end that said grounds shall remain and be reasonably cared for as cemetery grounds forever. Repair to damage or loss caused by theft, vandalism and malicious mischief shall be included within endowment care.

(b) Items Not Included. The term “endowment care” shall in no case be construed as meaning the maintenance, repair or replacement of any grave stones or monument structures or memorials placed or erected upon burial sites; nor the maintenance or doing of any special or unusual work in the cemetery or in the mausoleum and/or columbarium; nor does it mean the reconstruction of any marble, granite, bronze or concrete work on any section or burial site, or any portion or portions thereof in the cemetery, mausoleum and/or columbarium, crematory, or other buildings or structures, when the cause for such is attributed to the elements, an act of God, thieves, vandals, unavoidable accidents, or by the order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.

(c) Use of Funds. The money received for endowment care shall be held in trust and invested as provided by law. The city reserves the right, however, either to handle all investments itself, or to deposit said funds with any person, company or corporation qualified to act as trustee for such funds.

(d) Source of Income. Endowment care, whether applied to lots, graves, mausoleum and/or columbarium space, or to any space within the confines of the cemetery, shall be limited absolutely to the income received from the investment of the endowment care fund – no part of the principal being expended – anything herein stated to the contrary notwithstanding.

(e) Deposit of Funds. It is understood and agreed between the purchaser and the city that all of the said funds may be deposited with others of like character and intent, to the end that the income from such accumulated general fund shall be used in the general improvement and endowment care as above defined; but in no case shall their deposit be construed as a contract to care for any individual property or space other than as defined in this section; and the endowment care of the cemetery, mausoleum and/or columbarium shall be limited to the net income received from the investment of such funds.

(f) Expending Income. The incomes from the endowment care fund shall be expended by the city council in such manner as will, in its judgment, be most advantageous to the burial site owners as a whole, and in accordance with the purposes and provisions of the laws of the state applicable to the expenditures of such funds. The city council is hereby given the full power and authority to determine upon which property, for what purpose, and in what manner the income from said fund shall be expended, and it shall expend said income in such a manner as, in its sole judgment, it may deem advisable for the care, reconstruction, repair and maintenance of all or any portion of the cemetery grounds, mausoleum and/or columbarium, and it may also expend said income for attorneys’ fees and other costs necessary to the preservation of the legal rights of the city. [Ord. 11-019 § 2, 2011; Ord. 1607 N.S., 1987; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(20), 1952].

14.16.210 Burial markers.

Except as permitted in PGMC 14.16.235, no upright monuments, memorial stones, or burial site enclosures shall be placed on in-ground burial sites in the cemetery. Only markers made of marble, granite, or bronze set level to the ground in a concrete foundation shall be permitted. Such markers must be set at the head of the burial site so as to line up with the other markers in the burial area. Total dimensions, including a concrete border, shall not be more than 18 inches by 28 inches. Markers in the urn burial sections of the cemetery may not exceed eight inches by 12 inches in size. With the exception of the urn burial sections of the cemetery, upon the written request of the burial site owner, and at the city’s sole discretion, headstones may be placed across two burial sites, in which case the city may, at its discretion, allow a larger marker than listed here to be placed on those sites. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(21), renumbered by Ord. 378 N.S., 1961].

14.16.220 Property rights.

The city has the sole right to make any changes or improvements to the cemetery or its grounds, including, but not limited to, the installation of fencing, walkways, curbing, and borders of any kind. The sole rights afforded to burial site owners are the rights to use their sites for burials, to select memorial markers, and to place flowers or flags on their burial sites, all in accord with city regulations. [Ord. 11-019 § 2, 2011; Ord. 210 N.S. § 6-201(22), renumbered by Ord. 378 N.S., 1961].

14.16.230 Unpaid endowment care fees – Quiet title proceedings.

(a) Charges for Endowment Care Not Previously Paid. Sites for which endowment care fees were not charged at the time of purchase will be charged endowment care fees at the current rate upon the initial opening of any such site. Upon the transfer of any site from one owner to another, the difference between the endowment care originally paid and the current endowment care fee shall be paid to the city by either the prior owner or the purchaser.

(b) Quiet Title Proceedings. In all cases where no owner can be found for a burial site, after due notice to the last known owner(s), as provided above, the city shall institute quiet title proceedings against each such site or sites. [Ord. 11-019 § 2, 2011; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(23), 1952].

14.16.235 Upright monuments and markers.

Notwithstanding the provisions of PGMC 14.16.210, upright monuments and markers shall be permitted in Section B and Blocks 1, 2, and 3 of Section E of the cemetery, as such sections and blocks are laid out in the Map Book for said cemetery, on file in the cemetery office. The sexton shall give advance approval to the size and design of each such monument or marker if it is compatible and comparable to existing such improvements in said blocks and sections. [Ord. 11-019 § 2, 2011; Ord. 998 N.S. § 1, 1978].

14.16.240 Exceptions authorized.

Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The city, therefore, reserves the right, without notice, to make exceptions when, in its judgment, the same appear advisable, and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule. [Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(24), 1952].

14.16.250 Right to adopt new rules.

The city may, and it expressly reserves the right, 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 rules and regulations. [Ord. 210 N.S. § 6-201(25), renumbered by Ord. 378 N.S., 1961].

14.16.260 Enforcement.

Violation of this chapter shall constitute an infraction, and may be enforced pursuant to Chapter 1.16 PGMC. [Ord. 08-006 § 56, 2008; Ord. 833 N.S. § 11, 1975; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(26), 1952].

14.16.270 Schedule of fees.

The schedule of fees and charges for cemetery uses and services shall be as adopted by resolution from time to time. [Ord. 1384 N.S. § 1, 1984; Ord. 1164 N.S. § 1, 1979; Ord. 378 N.S., 1961; Ord. 210 N.S. § 6-201(27), 1952].

14.16.280 Visitation time limitation.

El Carmelo Cemetery shall be open for visitation daily between sunrise and sunset. Nothing contained herein is meant to restrict the activity of city employees performing their authorized duties. [Ord. 1606 N.S. § 1, 1987].

14.16.290 Trespassing.

It is unlawful for any person to be or enter upon the privately owned or city-owned sections of El Carmelo Cemetery at any time except as permitted by PGMC 14.16.280. [Ord. 1606 N.S. § 2, 1987].