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Regulations

CHAPTER 8-200.CEMETERIES.

PART 8-200.GENERAL INFORMATION.

8-202.Definitions.The following words or phrases shall have the following meanings unless the context otherwise clearly requires.

A. Block. The term "block" shall mean 6 burial lots and shall be used as a means of geographical reference within the cemetery.

B. Burial Space. The term "burial space" shall mean an area within a burial lot for which one Right of Burial may be sold.

C. Burial Lot. The term "burial lot" shall mean a group of burial spaces and shall be used as a means of geographical reference within the cemetery.

D. City. The term "City" shall mean Centerville City, Utah.

E. Grave. The term "grave" shall mean a burial space following the interment of a deceased person.

F. Marker. The term "marker" means a headstone flush with the surface of the ground.

G. Monument. The term "monument" shall include a headstone which shall extend above the surface of the ground.

H. Monument Marker Installation Permit. The term "Monument Marker Installation Permit" shall mean a permit issued by the city prior to the installation of any monument or marker in the cemetery.

I. Perpetual Care. The term "perpetual care" shall refer to the maintenance care that the city agrees to give on a continual basis.

J. Plat. The term "plat" shall mean a geographical area, within the cemetery, designated by a letter in the alphabet (namely A, B, C, and D).

K. Right of Burial. The term "Right of Burial" shall mean the purchased right one has to be buried in the city cemetery.

8-204. Name. The burial ground of this city shall be known and designated the name of Centerville City Cemetery.

8-206. Cemetery Hours. The Cemetery shall be open to the public daily from sunrise until 10:00 p.m.

8-208. Cemeteries Covered. All cemeteries owned and/or maintained by the city, now or in the future, wherever situated, are hereby declared subject to the provisions of this chapter.

8-209. Fees. The Treasurer, or such other person as the city may designate, is hereby authorized and required to collect, in advance, fees for the opening and closing of burial spaces, monument installation, or other services. The city shall, from time to time, by resolution, review the price of all fees charged for cemetery services.

PART 8-210. SUPERVISION.

8-212. Parks and Cemetery Supervisor. The Parks and Cemetery Supervisor shall be responsible for the general supervision and administration of the city cemetery.

PART 8-220. REGULATION OF BURIALS.

8-221. Right of Burial Certificate. It shall be unlawful for any person to bury the remains of a deceased person in the cemetery without first purchasing a Right of Burial certificate from the city.

8-222. Registration of Burials. Before any deceased person may be buried in the city cemetery, the relatives, or person having charge of the deceased, shall provide the city with information about the deceased, as deemed necessary by the city, and in accordance with state law.

8-223. Opening Burial Space.

A. No burial space shall be opened in the cemetery until payment of the interment fee as well as the appropriate perpetual care fees, if not already paid.

B. The presentation of a Right of Burial certificate from the Treasurer, or person designated by the city, when presented to the Parks and Cemetery Supervisor, shall be authority to open a burial space for the burial of a deceased person. However, upon a contract being entered into between any mortician and the city, wherein the mortician agrees to be responsible and liable for fees for the opening of a burial space, and wherein that mortician will be liable for such fees and for perpetual care payments, the Treasurer, or authorized person, may give the Parks and Cemetery Supervisor authority to open burial spaces without the presentation of a Right of Burial certificate.

8-224. Right of Burial Certificate.

A. The city shall sell only a Right of Burial in the cemetery .

B. The Treasurer, or designee, may sell a Right of Burial in the Centerville City Cemetery for burial purposes only and collect all sums arising from the sales. The city is hereby empowered to regulate, by resolution, the selling price, size, and use of burial spaces. The Treasurer shall deliver to each purchaser a Right of Burial certificate for each burial space, showing the description thereof, and stating the price paid therefor. The city shall keep duplicates of all certificates issued as part of the city records.

C. A Right of Burial certificate shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price including the perpetual care fee. Payments made pursuant to this section shall not be construed to be in payment for cemetery services other than perpetual care or prepaid maintenance.

D. No other improvements, changes, or services, except perpetual care shall be made on any burial space without the certificate holder or heirs first submitting to, and receiving from the Parks and Cemetery Supervisor, written approval for such improvements, changes, or services, which improvements, changes, or services shall be subject to the rules and regulations promulgated by the city council.

8-225. Restrictions of Resale.

A. The Right of Burial sold by the city shall not be further sold to any person except the city. The city hereby agrees to buy back any Right of Burial which it may hereafter sell. The repurchase of such right shall be for the original price paid by the purchaser, or the current selling price, whichever is less.

B. Whenever a Right of Burial certificate reverts to the city, as provided for by state law, or becomes vested in the city for any reason, before a new certificate shall be issued, the original certificate shall be canceled or reassigned, and the record shall be so changed.

8-226. Violations.

A. It is a class "B" misdemeanor for any person to:

1. Disinter a body buried in any cemetery, except under the direction of the Parks and Cemetery Supervisor and in accordance with state law.

2. Disinter or remove the body of a person who has died from a contagious disease within two years after the date of burial, unless the body was buried in a hermetically sealed casket or vault and is found to be so incased at the time of disinterment.

B. It is a class "B" misdemeanor to inter anything other than human remains and related personal-affects as may be contained in the casket.

C. It is a class "B" misdemeanor to bury the body of any person within this city except in a city cemetery or a private cemetery, unless by special permission of the city under such rules and regulations that may be prescribed.

8-227. Vaults Required.

A. Unless waived by the Parks and Cemetery Supervisor, in writing, it shall be unlawful for any person to be buried in the cemetery unless the casket shall be placed in a vault made of concrete or fiberglass, or of such other material approved by the city, substantially constructed and covered with a similar durable material that will prevent the collapse of the grave site over time.

B. No wood shall be used as a permanent part of the construction of any part of the vault.

8-228. Sale Subject to Rules. Every Right of Burial sold is subject to rules and regulations that have been or may be adopted by the city. The rules and regulations shall be subject to such changes as are found necessary for the protection of the Right of Burial certificate holders, the remains of the dead, the preservation of the cemetery, or for any other reason deemed to be in the best interest of the city.

8-229. Errors.Under no circumstances will the city assume responsibilities for errors in opening graves due to inaccurate information provided by historical records, the owner of burial rights, or his or her representative.

PART 8-230. CONDUCT.

8-231. General. Cemetery ground is devoted to the interment and repose of the dead. Hence, all persons within the cemetery should avoid conduct unbecoming a sacred place.

A. No loud, boisterous or turbulent noise of any kind which is deemed undesirable or interferes with the decorum of the cemetery, or which is marked by intensity or volume of sound, will be permitted within the boundaries of the cemetery.

B. No alcoholic beverages of any kind shall be consumed within the boundaries of the cemetery.

8-232. Traffic Rules.

A. The provisions of the municipal traffic ordinances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the cemetery, except as herein modified by this ordinance.

B. It shall be unlawful for any person to drive within the cemetery at a speed greater than 10 miles per hour.

C. It shall be unlawful to drive or park any vehicle over or across any lawn area or burial space within the confines of the cemetery, with exception of, vehicles and equipment that have been approved by the Parks and Cemetery Supervisor, or designee.

8-233. Animals. Animals shall not be allowed in the cemetery, except animals considered "working animals" accompanying and aiding an individual with a disability. Other animals may remain in the confines of a vehicle and must be at all times retained within the confines of said vehicle while the vehicle remains in the cemetery.

8-234. Injury to Cemetery Property Prohibited. It shall be a class "B" misdemeanor for any person to injure, deface, break, destroy or remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery unless such an act is within the legal duties of fulfilling one’s job and such duties are permitted or have been requested by the city.

PART 8-240. MONUMENTS, MARKERS AND GRAVE DECORATIONS.

8-241. Compliance. It shall be unlawful for any person to erect, place, or cause to be placed, any marker or monument on any burial space or grave in the cemetery in violation of the rules and regulations adopted by the city regarding the placement, construction, and design of all such markers. Right of Burial certificate owners are to make arrangements for the removal of currently existing double headstones from the burial space, prior to interment. The city shall not be responsible for damage to any marker or monument it is required to move.

8-242. Permit. It shall be unlawful for any monument company, or responsible party, to install any marker or monument in the city cemetery without first obtaining a Monument Marker Installation Permit from the city.

8-243. Installation. Installation of all markers or monuments will be under the supervision of the Parks and Cemetery Supervisor or his Assistant. An installation appointment must be made with the city, by the monument company, or responsible party, at least twenty-four hours prior to installation.

8-224. Markers. Markers in Plat "C" and "D", excepting in blocks 13 through 33 thereof, shall be level with the lawn or ground surrounding said marker. Markers shall be provided with a finished grass level stone or concrete base extending outward from the outer perimeter of the base of marker for a minimum distance of 6 inches.

8-225. Monuments. Monuments in Plats "A" and "B" and in blocks 13 through 33 of Plat "C" may extend or be raised above ground level subject to the following conditions and restrictions:

A. Monuments shall not extend less than 12 inches nor more than 36 inches above ground level.

B. The maximum width of a marker or monument on a single burial space shall not exceed 24 inches, and on a double burial space shall not exceed 60 inches, both maximum widths excluding the concrete or stone base surrounding the same.

C. Monuments shall have a finished grass-level stone or concrete base extending outward from the outer perimeter of the base as follows: 6 inches minimum on all sides, and not exceeding 36" on a single marker and 72" for double markers

8-246. Grave Decorations.

A. Flower Containers. Adjustable receptacles of a type approved by the Parks and Cemetery Supervisor may be used to hold flowers. The placing of boxes, jars, bottles or any other receptacle, other than an approved type container, are prohibited, and will be removed.

B. Fresh-Cut Flowers. Fresh-cut flowers are permitted in a vase any time. The city will remove and replace flowers for mowing one time. Subsequently, or when they become unsightly, the flowers will be removed and the vase will be discarded.

C. Funeral Flowers and Decorations. Funeral flowers and decorations will be discarded when they become unsightly.

D. Artificial Flowers and Decorations. In order to reduce damage to city mowing equipment, artificial (dried, silk, plastic, etc.) flowers or grave decorations are not permitted from April 1 to November 1 with the exception of holidays.

E. Holidays. The city reserves the right to discard all remaining flowers and grave decorations that are not removed by the Monday following Memorial Day and the next working day following all other holidays from April 1 to November 1.

F. Liability. 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, and disclaims all responsibility for loss or damage from causes beyond its reasonable control.

8-247. Landscaping. Except as provided by the rules and regulations of the city, it shall be unlawful for any person to erect or maintain any fence, posts of any kind, or boundary of any kind, to plant any vegetation, or to grade the ground or land thereof. Any such obstructions found in the cemetery shall be removed under the direction of the Parks and Cemetery Supervisor.

PART 8-250. PERPETUAL CARE.

8-252. Care Included. The care that the city agrees to give shall consist of care of the cemetery generally, and shall include, at a minimum, filling the grave, seeding the grave with grass, and watering and cutting the grass within the budget limits of the cemetery. It shall not include repairing or replacing markers or monuments of any nature, except when the need for repair or replacement is directly caused by the city.

8-254. Fund. There is hereby established a Perpetual Care Fund for the purpose of providing perpetual care funding for the maintenance, care and operation of the city cemetery. The creation, funding and maintenance of such Perpetual Care shall comply with applicable provisions of the laws of the State of Utah, including, but not limited to, the Uniform Fiscal Procedures Act as set forth in Chapter 6 of Title 10 of the Utah Code Annotated, as amended. The city shall establish, by resolution, a perpetual care fee to be assessed and deposited in the Perpetual Care Fund for each burial space and/or interment. All perpetual care fees collected by the city shall be deposited in the Perpetual Care Fund and invested according to applicable state law. No grave shall be opened and no body interred in any burial space in the city cemetery until the perpetual care fee for the burial space has been paid to the city as provided herein. The city shall periodically review the condition of the perpetual care fund.

PART 8-260. REVERSION OF BURIAL SPACES. It is the policy of the city to comply with the provisions of Title 8, Chapter 5, of the Utah Code Annotated, as amended, regarding the reversion of unused burial spaces. What is herein defined as a burial space is referred to in the Utah Code as burial lot.

PART 8-270. ADDITIONAL RULES AND REGULATIONS.

A. The city council may adopt, by resolution, such additional rules and regulations concerning the care, use, operation, and maintenance of the cemetery as it shall deem necessary.

B. Any change in the rules and regulations shall be adopted by the city council before such changes shall be official.