Chapter 12.10 CITY CEMETERY

All applications for the sale of burial privileges shall be made to the sexton who shall designate the grave site(s) or lot to be sold and the price thereof then in effect. Upon receipt by the city of the full purchase price, the sexton shall be authorized to deliver to each purchaser a certificate of burial right showing the description of the grave site or lot(s) by lot and section, the number of grave sites purchased, the price paid and any conditions and/or restrictions as may be imposed thereon. Said certificate shall be signed by the sexton and countersigned by the city recorder. [Code 1988 § 9-5-1.1].

12.10.020 Nature of title to graves.

The legal title to all property in the cemetery shall reside in the city. The purchasers of any grave site or lot within the cemetery shall acquire only the right to be buried or bury the remains of other persons and to have said grave site or lot cared for in accordance with city policies and rules with respect to the care and maintenance of the cemetery. [Code 1988 § 9-5-1.2].

12.10.030 Restrictions on resale.

After the effective date of this chapter no person who now owns fee simple title to any grave site or lot within the cemetery shall sell such grave site or lot to any buyer except the city. The city shall buy any vacant grave site or lot offered to it for the original selling price paid for said lot from the city or the current selling price of similar site or lot, whichever is lower. Gifts of grave sites or lots may be made by deeding the site or lot to the city with a request for reissuance to the donee together with the payment of a transfer fee. The recorder shall thereupon issue a new certificate in the name(s) of the donee(s). [Code 1988 § 9-5-1.3].

12.10.040 Transfer of burial rights.

Any person owning burial privileges in any grave site or lot in the cemetery may transfer such rights to another person by first depositing the certificate of such burial privileges with the city recorder together with a fee in such amount as may be set by resolution of the city council and instructions to reissue said certificate to the transferee. Such transfer may be made with or without consideration. [Code 1988 § 9-5-1.4].

12.10.050 Sale subject to rules.

Burial privileges sold are subject to the rules and regulations set forth in this chapter and such rules and regulations as may hereafter be adopted by the city for the protection of lot owners, and those holding burial rights and the remains of the dead. [Code 1988 § 9-5-1.5].

12.10.060 Division of cemetery into sections.

For purposes of facilitating the sale of burial rights and to assist in the enforcement of regulations relating to the placement of monuments, the city cemetery is hereby divided into sections. The boundaries of each section shall be as set forth on the official map of the cemetery on file in the office of the sexton. [Code 1988 § 9-5-2.1].

12.10.070 Placement of monuments and markers.

All grave monuments, headstones, and markers shall be placed in accordance with following guidelines for the applicable section:

A. Upright monuments and primary headstones are permitted in all sections of the cemetery, and shall not exceed 32 inches in height at the stone’s highest edge. A fee will be charged, per plot, for placing an upright monument or headstone. Any monument or headstone that is not flush with the sod level is considered an upright stone. Monuments and headstones that are flush with the sod line are also permitted. No monument or headstone shall exceed 40 inches in width for a single plot or 80 inches in width for two consecutive plots.

B. Exception to the Height Requirement in Subsection (C) of This Section. If an individual purchased a headstone or marker which exceeds the 32-inch maximum height, that headstone or marker shall be allowed only if written proof is furnished to the sexton showing that the headstone or marker was purchased prior to March 16, 2004.

C. Permitted Markers or Additional Stones. Any marker, secondary, or third stone must be flush with the sod line. The dimensions of the marker or stone shall not exceed 24 by 12 by six inches. The base upon which it is placed may not exceed 36 by 24 by six inches. A marker, secondary, or third stone may be permitted if the additional marker or stone identifies a currently unidentified individual within the same burial lot. Stones or markers that identify an individual already identified through another stone or marker within that same burial lot shall be prohibited. The only exception shall be veteran markers. No more than three markers or stones may be permitted in a single burial lot.

D. Materials Permitted. All monuments, headstones, or markers shall consist of granite, bronze, or other durable material approved by the sexton.

E. Authorization. Any individual, family, group, or the like, must obtain approval from the sexton prior to the placement of any monument, headstone, or marker. [Ord. 2022-6 § 1; Ord. 2022-2 § 1; Ord. 2011-2; Ord. 2006-3; Ord. 2004-8; Ord. 96-6; Ord. 92-2. Code 1988 § 9-5-2.2].

12.10.080 Private additions to cemetery grounds.

It shall be unlawful for any person to erect or maintain any fence, corner posts, coping hedge or boundary of any kind upon any grave site, lot or lots, street, alley or walk in the cemetery or grade the ground or land thereof. The sexton shall, whenever required, furnish the true lines of any lots according to official survey, and shall prevent and prohibit any marking of the same except by official landmarks and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land. [Code 1988 § 9-5-2.3].

12.10.090 Plants and flowers.

No shrubbery, vines, trees, flowers or other plants shall be planted in any part of the cemetery, without the consent and except under the direction of the sexton, who shall have sole charge of all planting, under supervision of the city council. Cut flowers may be placed upon graves provided the owner of said graves provides suitable flower containers embedded even with the sod line which will not interfere with moving operations, said containers to be approved in advance by the sexton. [Code 1988 § 9-5-2.4].

12.10.100 Only humans to be buried.

There shall be no interment or burial of anything other than the remains of human bodies in the city cemetery and no interment of any deceased human shall be made in any place within the city limits other than the city cemetery. [Code 1988 § 9-5-3.1].

12.10.110 Burial permit – Required.

It shall be unlawful for any person to bury the body of a deceased person in the cemetery without first obtaining written or verbal authorization from the sexton and paying the required grave opening fee. No such authorization shall be issued by the city except to the owner of a lot or “certificate of burial right” to the grave site proposed to be used, as applicable, or to the holder of a written permit, signed by the owner or nearest living relative, authorizing the use of such grave site. [Code 1988 § 9-5-3.2].

12.10.120 City to be notified.

All persons in charge of bodies to be buried in the cemetery must make the necessary arrangements for the opening of graves, time of arrival at the cemetery, supplier of vault and other pertinent matters at least 48 hours prior to any burial. Families desiring to purchase grave space for any burial must contact the sexton at least 48 hours prior to burial time. [Code 1988 § 9-5-3.3].

12.10.130 Vaults required.

It shall be unlawful for any person to be buried in the cemetery unless the casket shall be placed in a concrete, fiberglass or steel vault substantially constructed and covered with a substantial concrete, fiberglass or steel top or lid. All lots and graves marked or sold hereafter shall be of sufficient size to accept a vault. [Code 1988 § 9-5-3.4].

12.10.140 Disinterments.

It shall be unlawful for any person to disinter any body buried in the cemetery except under the direction of the sexton; and before disinterment of any body, the sexton shall require a permit from the county or State Health Department and a written order from the owner of the lot, authorizing such disinterment, which order shall be filed and preserved and all such removals shall be recorded in a book kept for that purpose. It shall be unlawful for any person to remove the body of a person who died from a contagious disease within two years from the date of burial, unless such body has been buried in a hermetically sealed coffin and is found to be so encased. [Code 1988 § 9-5-3.5].

12.10.150 Registration of burials.

The sexton shall be the registrar of burial for the city and shall be responsible for compliance with the procedures and conditions of state law and this chapter with respect to interments, disinterments and the keeping and submission of records. [Code 1988 § 9-5-3.6].

12.10.160 Burial of indigents.

The sexton with the advice and consent of the city council may designate a portion of the cemetery for the burial of indigents. Whenever it is made to appear to the mayor that any person who has died does not have an estate sufficient to pay the purchase price of a grave site in the cemetery and the nearest relative or representative of such deceased person desires to have the body interred in the cemetery, the sexton may grant burial space for such deceased person upon written request of the next of kin. [Code 1988 § 9-5-3.7].

12.10.170 Sexton appointed – Duties.

The mayor, subject to the advice and consent of the city council, shall designate a person to act as sexton. The person so appointed shall be responsible for the opening and closing of grave sites, the prevention of destruction or defacing any marker placed within the cemetery, the proper care and maintenance of cemetery facilities, the enforcement of adopted rules and regulations regarding the erection of markers, fences and other obstructions and such other duties as set forth in this chapter or as may be assigned by the mayor or council. [Code 1988 § 9-5-4.1].

12.10.180 Sexton to maintain records.

The sexton shall keep a record of all certificates issued for the sale of lots or parts thereof and shall maintain and keep current a plat showing the description of all lots, and where applicable, the owner thereof, as part of the records of his office. [Code 1988 § 9-5-4.2].

12.10.190 Rules and regulations.

The sexton may, from time to time, with the advice and consent of the city council make such additional rules and regulations as he shall deem necessary and proper for the administration of the cemetery. Such rules and regulations shall not become effective until approved by resolution of the city council and a copy of said rules and regulations must be available for review by the public at all times with both the sexton and the city recorder. [Code 1988 § 9-5-4.3].

12.10.200 Right to maintain reserved by city.

The city reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all lots and graves in the cemetery. [Code 1988 § 9-5-4.4].

12.10.210 Disclaimer of city liability for grave openings.

Under no circumstances will the city assume responsibility for errors in opening graves when orders are given by telephone. [Code 1988 § 9-5-4.5].

12.10.220 Children.

Children under the age of 12 years shall not be allowed in the cemetery unless accompanied by parents or other responsible adults. [Code 1988 § 9-5-4.6].

12.10.230 Animals prohibited.

No animals shall be allowed in the cemetery at any time. [Code 1988 § 9-5-4.7].

12.10.240 Visiting hours.

No person, other than an employee or officer of Helper City, shall be within the boundaries of the Helper City Cemetery between one-half hour after sunset and one-half hour before sunrise.

Any person violating this provision shall be guilty of a class C misdemeanor as defined by Utah state law. [Ord. 96-8].

12.10.250 Definitions.

“Care and maintenance” means the general care and upkeep provided by the city for the cemetery including mowing of all lots and graves at reasonable intervals, also resodding, seeding and filling in of sunken graves, sodding of the surface of graves to level, removal of dead flowers and other decorations, trimming of trees and shrubbery where necessary, raking and cleaning lots, straightening of titled stones or markers, and watering of the sod

and shrubbery. “Care and maintenance” does not include the repair or replacement of markers or memorial structures of any kind except where the need for repair or replacement is the fault of the city.

“Cemetery” means any cemetery owned and/or maintained by the city for the purpose of receiving the remains of deceased human beings.

“Lot” means an area in the cemetery designated by the sexton which contains either four or eight grave spaces.

“Lot owner,” “grave owner,” “owner,” or “purchaser” means the owner or purchaser of burial rights to any grave site and/or lot, as evidenced by a certificate for said site or lot or by proved and recognized descent or device from the original owner or by certificate issued by the city.

“Sexton” means the keeper of the cemetery as appointed by the mayor with the advice and consent of the city council, provided, where no sexton has been so appointed, it shall mean the city council cemetery representative. [Code 1988 § 9-5-5].

12.10.260 Injury to tombstone or other property prohibited.

It shall be unlawful for any person to injure, molest, or deface any such monument, headstone, curb, fence, tree, shrub, flower or any property in the city cemetery.

It shall be unlawful for any person to remove or disturb any monument, headstone, curbing, fence, tree, shrub, flower or any property in the city cemetery without authority from the sexton. [Code 1988 § 9-5-6.1].

12.10.270 Fees and charges.

The city council shall by resolution establish fees and charges for the sale of burial privileges, grave opening and closing, disinterment, transfer of burial privileges and other fees applicable to the operation of the cemetery. [Code 1988 § 9-5-6.2].

12.10.280 Abandoned lots.

The remedy of forfeiture for lots which have been abandoned by their owners shall be governed by the applicable provisions of Section 8-5-1 et seq., Utah Code Annotated 1953, which provisions are hereby adopted by reference. [Code 1988 § 9-5-6.3].

12.10.290 More than one burial in a burial lot.

The owner of a right to burial may elect only at the time of the initial grave opening to allow two bodies in Sections One or Three. Two bodies may not be permitted in Section Two.

Only fiberglass vaults are permitted for burials of two bodies.

In all three sections, the owner of a right to burial may elect only at the time of the initial grave opening to allow one body and up to two cremains to be interred in the burial lot. [Ord. 2022-2 § 2; Ord. 2009-6. Code 1988 § 9-5-6.4].

12.10.300 Penalties.

Violation of the provisions of this chapter shall be a class B misdemeanor. At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be $100.00 per day. [Ord. 2018-1. Code 1988 § 9-5-6.4].