As used in this division:
Cemetery.
A place owned by the city that is dedicated and used for
interment.
Custodian.
A city employee or contractor having responsibilities for
the operation of the cemetery.
Director.
The director of parks and recreation of the city.
Double casket interment.
A process for the entombment or burial of the remains of
two persons to be placed horizontally with one on top of the other.
Interment.
The entombment or burial of the remains of a deceased person.
Lot.
A plot of ground, specifically subdivided of a block in the
cemetery for the purpose of establishing individual grave sites.
Mausoleum.
An above-ground building or structure, usually of stone,
for entombment of a deceased person.
Memorial or monument.
Any marker, headstone, or structure placed or intended to
be placed in or on a grave for identification or in memory of a deceased
person.
Owner.
A person who holds a conveyance or certificate of ownership
of the right of interment in a particular grave site in the cemetery.
(Ordinance 08-15 adopted 3/4/08; 2001 Code, sec. 1.901)
(a) General.
(1) Lots are sold for cash in the amount as set forth in the fee schedule found in appendix
A of this code, in advance, as arranged with the city only. Lots in the city cemetery are sold by deed by the city solely for cemetery purposes and are subject to the rules and regulations contained in this division. The city retains ownership of the land and only burial rights shall be conveyed.
(2) Names of gravesite purchases will be kept on file. Documents or certificates
identifying lot spaces allow the owner(s) the right and license to
burial and placement of memorials only, and are subject to law and
these rules and regulations.
(3) Gravesite lots will only be sold Monday through Friday, except on
holidays, during normal business hours.
(4) Gravesite lots which have been sold shall not be re-purchased by
the city, but the owner may donate a purchased lot back to the city
if they so desire.
(5) When purchasing a gravesite, the purchaser will determine at the
time of purchase, whether there is to be one (1) burial or two (2)
including cremains at the gravesite.
(6) By purchasing a plot in the East Side Cemetery; the plot owner and
all heirs of the decedent hereby agree to follow all the rules and
regulations as set forth by this section and any future revisions
to the East Side Cemetery Rules.
(b) Transfers.
(1) Transfer or any gravesite lot or interest therein, shall be valid
only with written consent of all interested parties and all documentation
must be presented to the city for approval.
(2) The original deed must be provided to city staff at city hall. A
new deed will be prepared by the city secretary.
(3) If the original deed or certificate of title cannot be produced,
legal proof of ownership shall be provided to the city, together with
a notarized affidavit indemnifying the city from any claim associated
with said transfer.
(Ordinance 08-15 adopted 3/4/08; 2001 Code, sec. 1.902; Ordinance 2018-16, sec. 1, adopted 7/23/18)
(a) Access.
The city has the right to ingress and egress
over plots and grave sites for the purpose of maintenance, preservation
and normal cemetery operations. The city may remove any object from
the cemetery that has been placed there contrary to the provisions
of this division.
(b) Hours of operation.
The city shall determine the hours
of operation of the cemetery and may close the cemetery on a temporary
basis at any time.
(c) Location of graves.
Interments are allowed only in areas
designated by the city for grave sites as defined on official cemetery
maps.
(d) Modifications.
The city may:
(1) Add land to the cemetery;
(2) Remove or regrade roads, drives and walkways in the cemetery;
(3) Lay, maintain, modify and operate pipelines or gutters for water
sprinkling and drainage in the cemetery; and
(4) Use cemetery property, not sold to individual owners, for cemetery
purposes.
(e) Easements.
No easement shall be granted to an owner
by the city in any road, drive or walkway within the cemetery. Roads,
drives and walkways may be used as a means of access to the cemetery
and its buildings so long as they are devoted to that purpose by the
city.
(f) Liability.
The city is not liable for any loss or damage
occurring within the cemetery caused by the elements, acts of God,
war, thieves, vandals, or other occurrences not within the reasonable
control of the city. The statements of an employee of the city or
its contractor are not binding upon the city.
(g) Other matters.
In all matters not covered by this division,
the city may take those actions which in its judgment are reasonable
to accomplish the purposes of the cemetery, and owners are bound by
these actions.
(h) Official records.
The city shall hold and maintain the
official records of the Bridgeport East Side Cemetery.
(i) Interments, disinterments and reinterments.
(1) Only funeral directors licensed by the state may perform interments,
disinterments, or reinterments. Interment will be scheduled only after
presentment of the original deed or certificate of title and after
all fees and costs have been paid for the gravesite. If the original
deed or certificate of title, cannot be produced, legal proof of ownership
shall be provided to the office of the city secretary, together with
a notarized affidavit indemnifying the city from any claim associated
with said interment;
(2) Funeral directors shall provide at least twenty-four (24) hours'
notice to the city secretary prior to the interment or other excavation
within the cemetery. Notification must be made during normal business
hours;
(3) The city is not liable for the accuracy of the information received
through a funeral director nor for the identity of the person to be
interred; and
(4) Any disinterment or reinterment in the cemetery must be in accordance
with state law. Only a city-approved funeral home may open a gravesite
for burial purposes. Disinterment may occur only under special circumstances
(ie, criminal investigations or family request for removal to another
plot or cemetery). Said circumstances must be presented to the city
secretary for approval. Reasonable approval may not be withheld.
(j) Upkeep of monuments and memorials.
Maintenance and upkeep
of monuments or memorials shall be the responsibility of the owner
and heirs and shall not be the responsibility of the city. Any individually
owned structure or item on a grave site, including a memorial marker,
may be removed by the city as it becomes dilapidated, unsightly or
dangerous to the safety of persons in the cemetery.
(k) Double casket interment.
Double casket interment in
one grave site space will be permitted providing the following requirements:
(1) The grave space has not been previously utilized as single space
and remains unoccupied;
(2) The excavation will be a minimum of eight feet in depth;
(3) A concrete burial vault designed for the pressure of this type of
burial is required for the first or lower burial. A concrete burial
liner shall not be allowed for this type of interment in the lower
space; and
(4) An additional fee shall apply to previously purchased but unoccupied
single lots if the owner desires to utilize such lot as a double casket
interment lot.
(l) Vaults.
Burial vaults must not protrude either partially
or entirely above the ground. Mausoleums are prohibited.
(m) Work cleanup.
Funeral directors are prohibited from
scattering materials over adjoining grave sites, blocking roads or
walkways, or leaving their materials on the ground longer than necessary.
Damage to grave sites, walkways, roads, trees, shrubs or other property
in the cemetery caused by a funeral director shall be repaired at
the funeral director's expense to the satisfaction of the director.
(n) Funeral director's responsibility.
When acting on behalf
of an owner or family, a funeral director shall be responsible for
adherence to these regulations.
(o) Director's authority.
If a funeral director does not
comply with the requirements of this division or fails to correct
any violation, the director may suspend the funeral director from
work in the cemetery after giving notice and a reasonable time to
comply or correct the violation.
(p) Operation of vehicles.
A person shall not drive a vehicle
through the grounds at a speed greater than fifteen miles per hour.
Vehicles must be kept on the paved roads in the cemetery unless the
person driving the vehicle is installing a marker, performing maintenance,
or performing other related work; however, temporary driving or parking
on the shoulder or edge of the paved roads shall be permitted as necessary
to avoid other traffic and to leave a free lane of travel.
(q) Standards for memorials or monuments.
All graves must
be marked, within one year, by a durable monument of any size. Perishable
headstones such as wood or tin are forbidden. There will be only one
upright monument and one footstone allowed per grave site and only
one statue or bench per family plot. Corner markers are allowed and
must be flush with ground. Monuments shall not be installed until
the site has been located and marked by the city or the custodian.
(r) Surface obstructions; curbing.
(1) No gravel, rock or artificial carpeting is allowed in or around cemetery
lots, blocks, or spaces in any section. The placement of any decorative
items such as lights, toys, chimes, carpet, cement, glass containers,
pottery containers, wood crosses or flagpoles which might impede mowing
of the grounds is prohibited.
(2) Curbing shall be permitted only with approval from the city. All
curbing shall have six (6) inch wide sides and twelve (12) to fourteen
(14) inch headers and footers. All curbing shall be flush with the
ground, and shall not exceed the boundary limit of an individual lot.
(s) Flowers.
Cut or artificial flowers may be used in the
cemetery at any time. They shall be placed in a durable receptacle;
however, no glass containers are permitted in the cemetery. Faded
or unsightly flowers, fresh or artificial, will be removed by the
custodian. No plantings of any kind except grass are permitted.
(t) Damages.
Any damages incurred during the opening or
closing of graves, such as (but not limited to) ruts, headstone damage,
or fence damage, will be the responsibility of the funeral home conducting
the service. This responsibility will include repairs and/or cost
of damaged property.
(Ordinance 08-15 adopted 3/4/08; Ordinance 2011-15 adopted 5/3/11; 2001 Code, sec.
1.903; Ordinance 2018-16, sec. 2,
adopted 7/23/18)