Chapter 4.30
CEMETERY REGULATIONS1
Sections:
4.30.040 Duties of Cemetery Sexton.
4.30.050 Sale of burial rights.
4.30.060 Transfer of burial rights.
4.30.120 Monuments and markers.
4.30.130 Decoration of graves.
4.30.010 Definitions.
“Block” means a row of burial positions in an east-west direction, in reference to the layout of graves in the cemetery.
“Cemetery” means any cemetery owned and/or maintained by the City for the purpose of receiving the remains of deceased humans.
“Certificate” means a burial right certificate.
“Certificate holder” means the owner or purchaser of burial rights and privileges, or the collateral right of use of any burial position, evidenced by a burial right certificate or by proved and recognized descent or devise from the original owner.
“City” means Syracuse City, Utah.
“Decorations” means flowers, balloons, floral arrangements, craft items, personal items, figurines, pinwheels, photographs, picture frames, potted plants, shepherd’s hooks, or any other item other than a monument or marker.
“Flat marker” means a marker that does not exceed the height of the immediately adjacent ground.
“Length” means the distance measured from north to south.
“Lot” means a column of burial positions in a north-south direction, in reference to the layout of graves in the cemetery.
“Marker” means a headstone which extends no more than 12 inches above the ground.
“Monument” means a headstone which extends above the surface of the ground at least 12 inches in height or higher.
“Mow strip” means the six-inch concrete or granite strip around the monument or marker, which is required to facilitate the maintenance of landscaping surrounding the monument or marker and stabilize them.
“Owner” means a person who possesses a burial right to a position, and does not indicate ownership of the ground or property.
“Person” means an individual, group, partnership, firm, corporation, or association.
“Plat” means a large section of lots and blocks, in reference to the layout of graves in the cemetery.
“Position” or “burial position” means an individual grave, sometimes referred to as a burial position.
“Resident” means any person currently residing within or owning property within the incorporated limits of Syracuse City, or a planning district on the City’s general plan map, or any person who meets these conditions prior to being placed in a health care institution.
“Responsible party” means any person selected by the family of the deceased to act in its behalf and can include the heir apparent, religious leader, mortician, funeral director, or any other person the family selects in choosing graves, making available information on the deceased party, and taking full liability for the family obligations concerning the services performed on the cemetery’s property.
“Sexton” means the Cemetery Sexton, whose appointment and duties are described within this chapter.
“Shared position” means situations where a single burial position is shared by more than one vault.
“Vault” means a structurally solid container used for the placement of a casket or urn.
“Width” means a distance measured from east to west.
Words. Single words shall include the plural and masculine words shall include the feminine and neuter. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-01.]
4.30.020 Cemetery name.
The burial ground of Syracuse City shall be known and designated by the name of Syracuse City Memorial Park. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-02.]
4.30.030 Office of Sexton.
There is hereby created the office of Cemetery Sexton, which office shall be filled by appointment of the Mayor, with the advice and consent of the City Council. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-03.]
4.30.040 Duties of Cemetery Sexton.
(A) It shall be the duty of the Sexton, or his/her representative, to supervise, manage, operate, maintain and improve the cemetery in accordance with the provisions of the City ordinances and the rules and regulations adopted by the City Council.
(B) It shall be the Sexton’s duty to keep a true and correct record of all burial positions.
(C) The Sexton, or his/her representative, shall direct all interments, disinterments, and marking for monuments or markers in the cemetery.
(D) The Sexton, or his/her representative, shall direct all funeral corteges while in the boundary of the cemetery as deemed necessary.
(E) The Sexton shall approve all claims chargeable against the cemetery. The Sexton shall provide such information to the City Manager or designee as may be required.
(F) The Sexton shall employ such help as required to carry out the duties prescribed by the City ordinances and the rules and regulations adopted by the City Council, in accordance with City ordinances and policies.
(G) The Sexton shall have the authority to announce additional regulations when necessary, with the approval of the City Council.
(H) Any person desiring to perform work within the cemetery must first secure the approval and written permission of the Sexton. All settings of vases, markers and monuments and all plantings of trees, shrubs and flowers must be approved by the Sexton before the work is commenced and al work shall be performed under the direction of the Sexton or his/her representative. Any vegetation in the cemetery, including authorized or unauthorized plantings, may be removed by City officials.
(I) It shall be the duty of the Sexton or his/her representative to remove floral pieces, decorations or displays left on any lot, grave or mow strip when indicated by code or due to safety considerations. [Ord. 24-28 § 1; Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 4-06-04.]
4.30.050 Sale of burial rights.
(A) The Sexton or his/her representative shall be the registrar of burials for the City, and before burying any dead in any City-owned cemetery within the City limits, the relatives or other persons having charge of the body shall be required to furnish to the Sexton or representative a statement of which shall include the name of the person deceased, when and where born, if known, the date and cause of death. Also, the initial letter with information of the plat, as well as the number of block, lot and position where person is to be buried.
(B) No person who shall purchase the use of any grave site or position for burial purposes within the City cemetery shall sell such position to any buyer except the City.
(C) The City hereby agrees to refund any position, which it may thereafter sell after providing the refund. The price in which the City refunds a position shall be the exact price the owner paid. In no event shall the City pay more or less than the original purchase price. Notwithstanding this subsection, a refund requested by a purchaser or their estate is subject to a transfer fee that is established in the consolidated fee schedule.
(D) The sale of every position is a right to burial. The position owner does not own the ground in which the person is buried. The use of every position sold is subject to the rules and regulations that may hereafter be adopted. The Sexton has the sole right to move positions to other unoccupied positions without reimbursement from the City as circumstances require it, such as in cases of monument obstruction or previous burials in the wrong location.
(E) At the time of purchase, if the purchaser is a resident of Syracuse or if the decedent was a resident of Syracuse at the time of death, then a reduced fee shall be charged to the purchaser. The reduced fee shall be in the amount indicated in the City’s consolidated fee schedule.
(F) The City does not provide half-size positions or other reduced-size positions. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-05.]
4.30.060 Transfer of burial rights.
(A) Transfers of burial rights may be initiated by submitting a completed, notarized transfer of ownership form to the Sexton, accompanied by a transfer fee, in an amount set by resolution of the City Council.
(B) When ownership of a purchased position is transferred, the official record shall be corrected, and a note shall be placed on the position in the official record indicating the date of the request and the name of the person authorizing the transfer on behalf of the owner.
(C) Whenever ownership of purchased positions reverts to the City, the official record shall reflect the change, and shall include all records of reversion, before new certificates are issued. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-06.]
4.30.070 Interments.
(A) There shall be no interment of anything other than the remains of human bodies in the City cemetery.
(B) No person, except the certificate holder of a position, or a person designated by the certificate holder to be buried in a position, shall be interred in any position in the cemetery without first obtaining written permission from the designated certificate holder, nearest relative of the certificate holder, executor, trustee of the certificate holder’s trust, or power of attorney thereof.
(C) All graveside services and ceremonies at the cemetery must be scheduled with the Sexton.
(D) Any graveside service or ceremony at the cemetery which concludes after 3:00 p.m. shall be subject to an after-hours fee. A weekend fee is required for any services that are scheduled to conclude after 2:00 p.m. on Friday, or that are conducted any time on Saturday.
(E) There shall be no interments on Sundays or the legal holidays of New Year’s Day, Memorial Day, Independence Day, Pioneer Day, Thanksgiving Day, and Christmas Day. No interments are allowed on the Thursday, Friday or Saturday immediately preceding Memorial Day. Reasonable accommodations based upon religious requirements related to interment shall be considered upon request.
(F) No person shall be buried in the City cemetery unless the casket shall be placed in a reinforced concrete, steel or other vault approved by the City Sexton.
(G) It shall be unlawful to bury the body of any person within the limits of the City, except in public or private cemeteries located therein, unless by special permission by the City Council.
(H) Fees must be paid in full prior to initiating the opening of the grave. However, state-licensed mortuaries are permitted to provide payment after opening, subject to their agreement to pay invoices from the City and their history of honoring that agreement.
(I) The City shall not be responsible for providing equipment, vaults, monuments or markers, graveside services, casket lowering devices, or appurtenances. The mortuary or a responsible party shall remove pre-installed monuments or markers prior to grave opening by the City.
(J) A shared position may only be permitted if the vaults do not exceed the size of a single burial position. No more than two individuals may share a single burial position. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-07.]
4.30.080 Disinterment.
(A) No person shall disinter any human remains in the cemetery, except under the direction of the Sexton. All disinterments shall comply with applicable state law.
(B) Before disinterring any remains of any person who has been buried in the cemetery, the relatives or other person having charge of the remains shall be required to furnish in writing the Sexton or his/her representative a request for disinterment which shall include name of deceased, when and where they were born, when and where death occurred, initial letter of the plat, as well as the number of block or lot where the person is buried, together with the name of the mortuary and those persons responsible for the disinterment.
(C) The City assumes no responsibility whatsoever for the condition of any casket or vault involved in any removal.
(D) All disinterments are subject to applicable fees which shall be paid in full prior to disinterment. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-08.]
4.30.090 Abandonment.
(A) The City may reclaim any unused burial position which has been unused for burial purposes for more than 60 years from the date of purchase, and during the 60-year period the owner has not given the municipality written notice of any claim or interest in the position or positions.
(B) Before a position or any portion thereof shall be deemed to have been abandoned, the City Council shall set a time and place for a public hearing to determine the question of abandonment and shall do all of the following:
(1) Cause a notice of the time and place of the hearing to be posted in a conspicuous place on the position or portion thereof affected by the hearing at least 20 days prior to the date of the hearing.
(2) Cause a notice of hearing to be published in at least one issue of a newspaper having general circulation in the City, not more than 30 days or less than 10 days prior to the date of the hearing.
(3) Cause a notice to be sent by certified mail to the last known address of each of the certificate holders of the position or positions or portion thereof as shown by the City’s records at least 20 days prior to the hearing.
(C) At such hearing the Sexton and others having information concerning the use made of the position or portions of positions by certificate holders shall attend and present evidence as to such use or uses, and the certificate holders of position or positions and/or their heirs and descendants and all other persons appearing on their behalf may offer such evidence of use as may bear upon the question of abandonment.
(D) All proceedings shall allow interested parties to provide evidence or statements to the City Council, which shall determine whether or not the position or positions, or portions thereof, have been abandoned.
(E) The City Council shall cause a notice of its decision to be sent to those persons requesting the same and who appeared at such hearing. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-09.]
4.30.100 Conduct.
(A) No loud, boisterous noise of any kind which is deemed undesirable or interferes with the decorum of the cemetery will be permitted within the boundaries of the cemetery.
(B) No alcohol beverage of any kind shall be permitted within the boundaries of the cemetery.
(C) No person shall injure, deface, take, or carry away from any grave or position any monument, marker, tree, shrub, flower, ground or ornament in the cemetery except with permission from the Sexton.
(D) It shall be unlawful for any person to erect or plant additions to the cemetery including but not limited to a fence, post, tree, shrub, monument or marker without permission of the Sexton.
(E) Placing of signs or notices of advertisements of any kind within the City cemetery will not be permitted.
(F) No loitering or loafing on the grounds or around buildings will be permitted within the boundaries of the cemetery.
(G) It shall be unlawful for any person to drive at a speed greater than 15 miles per hour in the cemetery.
(H) It shall be unlawful for any person to drive any vehicle over or across the lawn area or burial positions within the confines of the cemetery except for authorized vehicles performing official cemetery duties.
(I) No animals, except service animals, shall be allowed in any cemetery unless confined to a vehicle at all times. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-10.]
4.30.110 Cemetery hours.
It shall be unlawful for any person to visit the cemetery between the hours of one-half hour after sunset or one-half hour before sunrise without previous consent of the Sexton. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-11.]
4.30.120 Monuments and markers.
(A) It shall be unlawful for any person to erect or place any marker or monument on any position in the cemetery without approval of the Sexton, who shall be responsible to issue permits for markers or monuments placement.
(B) The installation of all markers or monuments will be under the supervision of the Sexton or designee. The company or responsible party shall submit an application for marker or monument placement and may not place a marker or monument without a permit issued by the Sexton. This subsection does not apply to temporary markers placed by a mortuary for recently interred individuals.
(C) Maximum Dimensions. The following table contains the maximum dimensions for monuments and markers. Length and width measurements in this table include the required mow strip (six inches on each side):
|
|
Monuments |
Markers |
Flat Markers |
Family Monuments |
|---|---|---|---|---|
|
Length (N-S) |
42" (84" if double) |
42" |
42" |
84" |
|
Width (E-W) |
24" |
24" |
30" (42" if shared) |
20" (if second monument on position) 24" (if no second monument on position) |
|
Height |
36" |
12" |
0" |
36" |
(D) All monuments and markers must comply with the following:
(1) Triple headstones are not permitted; in such cases a family monument should be considered, as provided in subsection (H) of this section.
(2) Foundation of any monument or marker placed in the cemetery must have either a concrete foundation six inches or deeper or granite foundation four inches or deeper.
(3) Monument or marker must be securely set with a mow strip not less than six inches wide around all sides of the marker.
(4) Monuments and markers shall be placed with the text facing to the east or west, in line with the row of monuments and markers of other positions within the row, or level with the ground immediately adjacent to the marker.
(5) No patches of vegetation or turf may be included as part of the monument or marker.
(E) There shall be no other monuments, markers or structures placed upon any position, except as provided in this chapter and as permitted by the Sexton. Monuments, markers or structures placed upon any other position within the cemetery shall be removed at the cost of the individual or company that placed the item.
(F) The cemetery and City accept no responsibility for loss or damage to any monument or marker unless such loss or damage is a direct result of negligence on the part of the City.
(G) The cemetery and City accept no responsibility for loss or damage to any granite foundation or mow strip.
(H) Family Monuments and Individual Markers. Family monuments may be placed upon up to two positions but may only be placed within the positions owned by those family members. The family monuments must be placed on the western side of the positions, in line with other monuments or markers on the same row. No more than one flat marker may be placed upon a position that already includes a family monument, to indicate the specific burial place of those also identified on the family monument, with placement directed by the Cemetery Sexton. Family monuments that are installed on positions that will be used exclusively for the family monument, and which will not be used for additional monuments or burials, may be up to 24 inches in width.
(I) Temporary Markers. A temporary marker or placard may be placed upon a grave by a mortuary and kept thereon for up to six months after interment. The temporary marker may not exceed the dimensions of any monument or marker in this chapter. The same restrictions for decorations as apply to permanent markers or monuments apply to temporary markers.
(J) Monument companies or responsible individuals that fail to apply for a permit prior to placement of the marker, that refuse to relocate a marker or monument that was placed upon the wrong location or that encroaches upon a neighboring position, or that violate the provisions of this chapter shall be subject to a civil penalty of $200.00 per violation, and shall also be responsible for the actual costs incurred by the City to relocate the monument or marker. Companies with multiple violations or unpaid fines may be barred placing markers or monuments within the cemetery. Any company barred under this subsection may appeal the decision to the City Council, for an evidentiary hearing providing due process to the company. [Ord. 21-29 § 1 (Exh. A); Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-12.]
4.30.130 Decoration of graves.
(A) Fresh cut and artificial flowers are permitted at any time if placed in a permanent vase (metal or stone) located on the monument, and may be removed and discarded without notice when they become unsightly. Permanent vases may not be installed on the mow strip and may not impede landscaping maintenance in any manner. Metal or stone vases installed on the mow strip prior to October 1, 2018, may be retained.
(B) Decorations are subject to the following restrictions all year:
(1) Decorations may not exceed 48 inches in height, measured from the ground to the top of the decoration, except as provided in this section.
(a) Helium-filled balloons may exceed this height but may be removed by City officials after 48 hours, or on the day specified for mowing, whichever comes first.
(b) Two shepherd’s hooks may be installed on each position but must be located on the marker or monument, or secured in a hole drilled into the mow strip within two inches of the monument or marker, located on the north or south side of the monument or marker. Shepherd’s hooks are not permitted on flat markers that are the second monument in addition to a family marker located on a position, or on the flat marker’s mow strip. Shepherd’s hooks, including decorations placed thereon, may not exceed 48 inches in height.
(2) Decorations may not encroach onto other positions or graves.
(C) Decorations are subject to the following restrictions during the mowing season (annually beginning April 1st and ending November 1st):
(1) Glass, porcelain or otherwise fragile decorations, such as other lights, are not permitted to be placed upon any position or grave within the cemetery.
(2) Decorations may be placed upon monuments or markers but may not protrude in such a manner as to interfere with the maintenance of landscaping.
(3) Decorations may be placed upon the mow strip but shall be removed by City officials on the day specified for mowing.
(4) No decorations or items may be placed on any part of the grave other than the mow strip, monument, or marker, except as provided in subsection (D) of this section.
(5) Any decorations placed on the mow strip or lawn during the mowing season shall be removed and discarded by City officials, without notice.
(6) Secondary, flat markers that are located on a position with a family marker may not have any decorations placed directly on them. Decorations should be placed upon the monument.
(D) Funeral flowers, floral pieces and decorations for recent interments may be removed and discarded without notice when they become withered or begin to litter the cemetery. Decorations and flowers will generally be left undisturbed until the second mowing day following interment.
(E) A general cleanup of all flowers (including artificial flowers) and grave decorations will generally occur on:
(1) The first Monday in April.
(2) The Monday following Memorial Day at 7:00 a.m.
(3) The first Monday in November.
(F) The City claims no responsibility or liability, nor will accept any claims against it, for loss or destruction of personal property left in the cemetery. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-13.]
4.30.140 Perpetual care.
(A) 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.
(B) General care shall be deemed to include general ground maintenance, and shall include, but not be limited to, mowing, trimming, removing dead flowers, and trimming trees and shrubbery. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-14.]
4.30.150 Violation – Penalty.
Violations of this chapter are infractions. [Ord. 18-17 § 1 (Exh. A); Ord. 15-23 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-06-15.]
Prior legislation: Amended 1990; Ord. 08-02 §§ 9 – 12.