[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No. 2005-06 as Ch. 20 of the 2005 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 455.
The burial ground of the City of Lancaster shall be known as "Hillside Cemetery."
A. 
Nothing other than human remains shall be interred within Hillside Cemetery, and no cemetery shall be established without the express written permission of the Council.
B. 
Before burying human remains in the Cemetery, there shall be procured from the City Hall Office an interment order for the deceased person in such plot, lot, block and plat as may be designated by the responsible party. This order must be executed 48 hours prior to the scheduled funeral service.
C. 
Under no circumstances will the City assume responsibilities for errors in opening graves when orders are given by telephone or for any mistake occurring from want of precise and proper instructions as to the particular plot, size of grave, and location where interment is desired.
D. 
Funeral directors must schedule the use of the Cemetery, have the interment order signed, and have fees paid in full within seven days after the funeral.
E. 
No person, except the certificate holder of a lot upon which interment is to be made, shall use a plot or lot in the Cemetery, without first obtaining written permission from the certificate holder of said lot, or nearest relative of the certificate holder thereof, or legal heirs, which permission shall be filed in advance with the City Hall Office.
F. 
Cremations shall be placed in burial containers.
G. 
There will be no more than one body in one grave space except in the following instances:
(1) 
Parent and infant.
(2) 
Two children buried at the same time.
(3) 
Up to four cremations.
(4) 
One body and up to two cremations.
(5) 
Special circumstances with the approval of the Supervisor of the Cemetery or employees of the City designed by the Supervisor.
[Amended 11-17-2014 by Ord. No. 2014-05]
H. 
All interments within the Cemetery are to be made before 3:00 p.m. if the grave is to be filled in with earth the same day unless approved by the Cemetery Supervisor.
I. 
There shall be no interments on the legal holidays of New Year's Day, Memorial Day, Independence Day, Thanksgiving Day and Christmas Day.
J. 
It shall be unlawful for any body to be interred in the Cemetery unless the casket is placed in a burial receptacle made of reinforced concrete, fiberglass, or metal.
K. 
The presentation of the interment order from the City Hall Office to the Cemetery Supervisor will be his authority to open or cause to be opened a grave for the burial of the deceased. However, upon a verbal or written contract being entered into between the funeral director and the City wherein the said funeral director agrees to guarantee, be responsible and liable for fees for the opening of a grave, or any other applicable fees related to the interment, and be personally liable for such fees, the City Hall Office may give the Cemetery Supervisor authority to open graves. The said funeral director then has 30 days from date of interment to pay in full all outstanding fees related to his guaranteeing of payment.
[Amended 11-17-2014 by Ord. No. 2014-05]
L. 
Once a casket containing the human remains is within the confines of the Cemetery, no funeral director nor his embalmer, assistant, employee, agent, or any other person shall be permitted to open the casket or to touch the body without the written consent of the legal representative of the deceased or any order signed by a court of competent jurisdiction.
M. 
The Supervisor of the Cemetery, and those employees of the City designated by the Supervisor, are the only ones who will be permitted to open and close graves with the following exceptions:
(1) 
When the Cemetery is directed to make a disinterment by order of a court of competent jurisdiction and a certified copy of such order has been filed with the City Hall Office.
(2) 
When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the City Hall Office his signed authorization to release the body to himself and his lawful agents. In such case, the disinterment must be made by the coroner or his lawful agents. City employees will not be permitted to assist the coroner or his agents.
N. 
The City will not be liable for the identity of the person to be interred.
O. 
Winter services will be charged an additional fee as set forth by resolution of the Council in addition to the standard interment fee.
A. 
No person shall disinter any human remains in the Cemetery, except under the direction of the Cemetery Supervisor. All disinterment shall comply with applicable state law.
B. 
The order for disinterment shall include the name of the deceased, when and where born, when and where the place of death occurred, together with the name of parents and spouse, also the date of burial, as well as the name of the cemetery, with the initial letter of the plat, as well as the number of block, lot and burial number, and the place of destination if disinterred and transferred beyond the environs of the Cemetery.
C. 
The City assumes no responsibility whatsoever for the condition of any casket or vault involved in any removal.
D. 
It shall be unlawful for any person to remove the body of a person who has died of a contagious disease within two years from the date of burial unless the body has been buried in a hermetically sealed coffin, or vault, and is found to be so encased at the time of removal.
E. 
Fees for disinterment will be charged according to the work involved, with a base fee established by the Council.
F. 
The City reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterment or removals, or the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the City Hall Office, or, in the sole discretion of the City Hall Office, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the disinterment of the remains of any person in such property, the Cemetery reserves and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.
The City Clerk/Treasurer and such other persons as the City Clerk/Treasurer may designate are hereby authorized to sell the use of burial plot(s) in the Cemetery for interment purposes only and to collect all sums arising from such sale. Any person or persons buying a burial site or sites may purchase any site or sites that have been surveyed. No holding for future sale or use shall be allowed. For individuals who wish to sell their burial plots back to the City, the City will buy back the plots at the original amount paid.
A. 
Markers are required to be flush with the ground.
B. 
All monuments are required to be developed by a professional monument company.
C. 
Base of marker is required to be larger than the headstone.
D. 
All veterans' markers or plaques must be flush with the ground or placed beside the headstone. All veterans' rods shall be placed beside the headstone area in the foundation cement. No foot stones are allowed.
[Added 11-17-2014 by Ord. No. 2014-05]
A. 
Artificial and cut flowers are permitted if clamped to the memorial or on a one-legged stand. No flowers shall be allowed on the ground.
[Amended 11-17-2014 by Ord. No. 2014-05]
B. 
All urns must be placed in a stand.
C. 
No shrubs, trees or flowers are to be planted.
D. 
Complete general cleanup of all flowers and grave decorations will be scheduled at the following times: the second Monday in April and as directed by Cemetery Supervisor.
[Amended 11-17-2014 by Ord. No. 2014-05]
E. 
The Cemetery 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, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, explosions, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
F. 
All one-legged stands not being used by July 4 shall be removed by cemetery personnel.
[Added 11-17-2014 by Ord. No. 2014-05]
G. 
Artificial lighting or solar lights shall be in cement foundation by the headstone not in the ground.
[Added 11-17-2014 by Ord. No. 2014-05]
It shall be unlawful for any person to be in the Cemetery other than during hours approved by the Council without the permission of the Council, and the presence of any unauthorized person during such other hours shall constitute trespassing. The designated hours shall be dawn until dusk.
A. 
It shall be unlawful to drive or park any vehicle over or across any lawn area or lot within the confines of the Cemetery.
B. 
Only vehicles and equipment that have been approved by the Parks Department or representatives of the Department shall be permitted within the Cemetery.
[Amended 11-17-2014 by Ord. No. 2014-05]
C. 
Because Cemetery ground is devoted to interment and repose of the dead, strict observance of decorum due such a place shall be required of all persons.
D. 
All persons within the Cemetery should avoid conduct unbecoming a sacred place.
[Amended 11-17-2014 by Ord. No. 2014-05]
(1) 
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 environs of the Cemetery.
(2) 
No idling or loafing on the grounds or in any of the buildings will be permitted within the environs of the Cemetery.
(3) 
The bringing of lunches or refreshments into the Cemetery or consuming them on the grounds will not be permitted within the environs of the Cemetery.
(4) 
Peddling or soliciting the sale of any commodity within the Cemetery will not be permitted.
(5) 
Placing of signs or notices of advertisements of any kind within the Cemetery will not be permitted.
A. 
It is unlawful for any person to injure, molest, deface or otherwise damage, or remove any headstone from its foundation, curbing, urn, monument, tree, shrub, flowers, funeral flowers, floral pieces, vases and containers, or any other property in the Cemetery. This section shall not apply to employees of the City who are performing their assigned work. This section shall not apply to any person who is removing flowers, vases or containers which such person has placed upon a Cemetery burial plot(s) or lot.
[Amended 11-17-2014 by Ord. No. 2014-05]
B. 
It is unlawful for any person to throw or deposit in any part of the Cemetery the carcass of any dead animals, meat, fish, rubbish, refuse, filth, trash, garbage, building materials, or any like substance, or any object or substance that detracts from the beauty of said Cemetery.
C. 
Any person(s) convicted of the above actions will be responsible for payment of the cost and expenses involved to restore the property to its original state.
The Council shall establish fees and charges for the care, use, operation, and maintenance of the Cemetery from time to time by resolution.
Upon prior approval of the City, individual(s) may purchase trees for planting in designated areas of the Cemetery. The types of trees and their placement shall be determined by the City.