Chapter 2.70
Cemeteries
Sections:
2.70.015 Flowers, containers, and grave decorations.
2.70.035 Interment regulations.
2.70.010 Definitions.
“Burial” means burial rights in a lot, which shall be restricted to the owner of such lot or his/her spouse, parents, children and grandchildren. If other than those individuals mentioned above, written authorization for burial rights must be obtained from such owner or his/her heirs.
Burial Site. A burial site shall consist of a land area of four feet wide and 10 feet long.
“Cemetery” means a cemetery owned and operated by the City.
“City” means the City of Brownsville, a municipal corporation.
“Interment” means the permanent disposition of the remains of a deceased person by burial.
“Monument” means a tombstone or memorial of granite, or other stone of equivalent durability, approved by the City Administrator or designee, which is flush with or extends above the surface of the ground.
“Price” means the price for a right of burial for City residents and nonresidents, which shall be established and amended from time to time by resolution of the Council. Administrative staff shall collect and deposit the payments for the sale of each right of burial. A record of the sale shall be recorded for burial site purposes and for financial purposes.
“Record” means the Clerk shall keep a permanent written record on all sales and approved transfers of burial rights.
“Sale” means rights of burial, which shall be sold by the Clerk, utilizing a form approved by Council. The sale shall grant a right of burial only and shall not convey any other title to the burial site. The Clerk shall execute the sale form and record it with the cemetery burial rights records. Administrative staff and/or contracted agents, as directed by the City Administrator, will be responsible to provide information and consultation to persons seeking to purchase burial rights from the City.
“Transfer” means a right of burial, which may be transferred by the owner of record, but only if first approved in writing by the City Administrator. No right of burial may be purchased, sold or transferred for speculative purposes. Rights of burial may only be transferred to those persons eligible to be original purchasers of City rights of burial. [Ord. 787, 2022.]
2.70.015 Flowers, containers, and grave decorations.
A. Floral Regulations. All flower containers that are abandoned or have dead flowers may be removed by the City. The City may remove and dispose of any and all growth, emblems, displays or containers that, through decay, deterioration, damage or otherwise, become unsightly, a source of litter or a maintenance problem.
B. Flower Containers. Flower containers shall be the traditional green, movable metal-handled flower container. Any other containers are prohibited including, but not limited to, those placed on shepherd’s rods which prohibit mowing along the side of the monument. Each burial site is permitted only one flower container. In-ground plantings are not permitted.
C. Concrete Flower Pots. Concrete flower containers shall not be permitted. Concrete flower containers maintained with live flowers that were in place prior to July 1, 2022, may be allowed to remain until such time as the City Administrator or designee determines that the flowers are not adequately maintained. If the City Administrator or designee removes said containers the owner has one year to reclaim them. Containers unclaimed for a 12-month period will be disposed of by the City.
D. Fencing. The fencing and placing of any structures around or on a burial site are prohibited.
E. Chairs. Chairs, settees, benches, or similar items must adhere to construction and materials standards set by the City.
F. Surface. Any ground surface other than sod is prohibited. [Ord. 787, 2022.]
2.70.020 Maintenance.
Maintenance of the City cemetery will be performed according to the City’s discretion and may include, without limitation, the cutting, trimming, sprinkling and fertilizing of the grass, the raking and cleaning of the ground, the replacing of turf under certain conditions, and the pruning of shrubs or trees, and cleaning headstones all at intervals determined by the City. [Ord. 787, 2022.]
2.70.025 Burial site.
A. Responsibility. The opening and closing of any burial site, prior to and following interment, shall be the responsibility of the funeral director. This shall include the payment of any costs associated with the opening or closing of the burial site. The burial site and surrounding grounds shall be returned to their original conditions within a reasonable period of time, as determined by the City Administrator or designee.
B. Burial Regulations. All burial-related issues shall be done in accordance with State law and guidelines from the Oregon Mortuary and Cemetery Board (OMCB) for Historic Cemeteries. [Ord. 787, 2022.]
2.70.030 Monuments.
A. Placement. Monuments and markers may not exceed a size of 42 inches long by 14 inches wide by 30 inches high (not including the foundation). Monuments and markers are to be made of natural stone, bronze, cast aluminum, or other similar material of lasting quality.
B. Number. Burial sites may have a maximum of one above ground monument. A second military stone may be placed flush with the ground on the burial site. Additional in-ground markers shall not be permitted, including but not limited to, wood or concrete curbing or concrete slabs.
C. Monument Foundations. The footing or foundation upon which any monument is to be placed shall be at least three and one-half inches in depth and shall be three inches longer and three inches wider than the aboveground monument. All markers are to be placed with a foundation.
D. Monument Maintenance. The City shall not be responsible for the maintenance, repair, or replacement of any monument or any other memorial placed upon any burial site, or the performance of any special or unusual work which the City determines to be beyond the scope of general maintenance by the City at its discretion. [Ord. 787, 2022.]
2.70.035 Interment regulations.
A. Subject To Laws. In addition to the provisions of this chapter, all interments and removals shall be subject to all laws, regulations, ordinances and others of the City and any other governmental agency having jurisdiction.
B. Burials. Burial sites are limited to the burial of the human remains of one person.
C. Notice. The City Administrator or designee shall be notified in writing or by electronic means at least 48 hours prior to any interment to allow for the identification of the burial site.
D. Concrete Vaults. All burials, except for cremains, shall be in a reinforced concrete burial vault. Cremated remains shall be buried in a suitable container. [Ord. 787, 2022.]
2.70.040 Records.
The City Recorder shall maintain records concerning all burials, burial permits, sales of rights of burials, and other communication. This information shall be available to the City Administrator and Council at any time. [Ord. 787, 2022.]
2.70.045 Cemetery hours.
The cemetery hours shall be as follows:
April 1st through October 31st, the cemetery will open at 7:00 a.m. and close at 9:30 p.m.
November 1st through March 31st, the cemetery will open at 7:00 a.m. and close at 6:00 p.m.
The gate will be open and closed each day. Violators will be prosecuted. [Ord. 787, 2022.]
2.70.050 Liability.
A. Damage. With respect to the cemetery, the City shall not be held responsible for any damages caused by the elements, acts of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or the order of any military or civil authority, whether the damages be direct or collateral.
B. Non-City Employees. All non-City employees working in the cemetery shall be fully responsible for any damage done by them or their agents. Upon completing their work, such non-City employees must immediately remove all tools, equipment and debris from the cemetery, and they must repair any and all damages they do to the cemetery grounds.
C. Administrative Liability. No officer, agent or employee of the City, or member of the City Board, shall be rendered liable for any damage that may occur to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this chapter. [Ord. 787, 2022.]
2.70.055 Exceptions.
Special cases may arise in which the literal enforcement of a provision of this chapter may impose an undue and unnecessary hardship. Notwithstanding any such provision to the contrary, the City Administrator or designee, with the concurrence of the City Council, may make such exceptions, suspensions or modifications of any applicable provision as the City Administrator or designee deems appropriate. Any such exception, suspension or modification shall not be construed as affecting the general application or intent of the provisions of this chapter. [Ord. 787, 2022.]
2.70.060 Penalties.
Any violation of this chapter shall be subject to Chapter 1.05 BMC, General Penalties. [Ord. 787, 2022.]