Note: Prior history: Prior code §§ 7300
- 7335; Ord. No. 841CCS, adopted 9/22/70; Ord. No. 1020CCS, adopted
12/9/75; and Ord. No. 1378CCS, adopted 7/8/86.
"Cemetery"
is the Woodlawn Cemetery and Mausoleum of the City of Santa
Monica.
"Cemetery capital account"
is that account in the Cemetery Fund set apart for the deposit
of funds for equipment and construction at the Cemetery.
"Cemetery endowment care"
is the cost charged by the Cemetery to pay for Cemetery services,
including administrative expenses, the cutting of grass at reasonable
intervals, the raking and cleaning of grounds, the pruning of shrubs
and trees, and the general preservation of the plots, grounds, walks,
roadways, boundaries, structures, and any other expenses necessary
to ensure that the Cemetery shall be perpetually well maintained.
"Cemetery endowment care fund"
is the sinking fund set apart in the City accounting system
for the deposit of all monies received for Cemetery Endowment Care.
"Cemetery fund"
is the fund in the City accounting system set apart for the
deposit of all monies received from the sales of all items and services,
except for the specific items of Cemetery Endowment Care and Mausoleum
Endowment Care.
"Mausoleum endowment care"
is the cost charged by the Cemetery to pay for the Cemetery's
mausoleum and related services, including administrative expenses,
the cleaning and maintenance of the Cemetery's mausoleum, its floors,
walls, windows, stained glass windows, and any other expenses necessary
to ensure that the Cemetery's mausoleum shall be perpetually well
maintained.
"Mausoleum endowment care fund"
is the sinking fund set apart in the City accounting system
for the deposit of all monies received for Mausoleum Endowment Care.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
The Cemetery Administrator is authorized to adopt rules and
regulations concerning management, supervision, and use of the Cemetery
and any plot, crypt, or niche therein, provided such rules and regulations
are not inconsistent with the provisions of this Chapter. Such rules
and regulations shall be promulgated for the purposes of ensuring
that the Cemetery is operated and maintained in a manner that promotes
the Cemetery's economic viability, its quietude, and its aesthetic
qualities and that respects the sensibilities of persons using the
Cemetery.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
The Cemetery Administrator, or designee, is authorized to issue
interment sales orders, on a form approved by the City Manager and
the City Attorney, for the sale of any plot, crypt, or niche for casketed
or cremated human remains, and for any products or services related
to such interment, including, but not limited to, the sale of Endowment
Care, caskets, vaults, urns, and/or memorial services, in accordance
with the Cemetery's fee schedule.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
(a) Cemetery
Endowment Care shall be sold with each plot, and the proceeds of such
sale shall be deposited into the Cemetery Endowment Care Fund.
(b) Mausoleum
Endowment Care shall be sold with each crypt or niche, and the proceeds
of such sale shall be deposited into the Mausoleum Endowment Care
Fund.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
No part of the principal of the Cemetery Endowment Care Fund
or Mausoleum Endowment Care Fund shall be utilized for any purpose
other than for making such lawful investments as the City Council
may direct. The interest earned by the Cemetery Endowment Care Fund
and the Mausoleum Endowment Care Fund may be transferred to the Cemetery
Fund for payment of Cemetery expenses.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
The price for all plots, crypts, and niches, for all caskets,
vaults, and urns, and for all services, shall be established through
a fee schedule to be fixed from time to time by resolution of the
City Council.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
Except as provided herein, no person may resell any plot, crypt,
or niche. Upon agreement by the owner(s) of any vacant plot, crypt,
or niche, or the legal representative of the owner(s), the Cemetery
may repurchase such plot, crypt, or niche for an amount not to exceed
the original purchase price, less Endowment Care costs, products purchased
and services rendered.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
Until the Cemetery has received full payment for any plot, crypt,
or niche and any associated products or services, no casketed or cremated
human remains shall be interred in, and no memorial or other marker
may be placed in or upon, such plot, crypt, or niche.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
The Cemetery reserves the right to refuse interment of any casketed
or cremated human remains for any lawful reason.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
The Cemetery shall have the right, in order to ensure the Cemetery's
efficient operation and aesthetic qualities, to take any of the following
actions deemed necessary by the Cemetery Administrator:
(a) Enlarge,
reduce, replat or change the boundaries or grading of the Cemetery
or any part thereof;
(b) Improve,
remove, modify or change the location of any road, drive or walk in
the Cemetery;
(c) Lay,
maintain, operate, or change pipe lines or gutters for sprinkling
systems, drainage, lakes, etc.; and
(d) Use
Cemetery property for any lawful purpose.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
Except for any plot upon which a private mausoleum is located,
the City reserves to itself, and to the general public, a perpetual
right of ingress and egress over each plot in the Cemetery for the
purpose of passage to and from any other plot in the Cemetery.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from throwing, depositing, or leaving
rubbish or trash anywhere within the Cemetery except in the receptacles
placed throughout the Cemetery for such purpose.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from possessing any loaded or unloaded
firearm within the Cemetery, except as authorized by the Cemetery
Administrator for a military funeral or on Decoration Day. This prohibition
shall not apply to police or other law enforcement officers.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from doing any of the following in
the Cemetery:
(a) Picking,
taking, or removing any flowers;
(b) Damaging
any trees, shrubs or plants; or
(c) Feeding
or disturbing any birds or other animal life.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from driving any vehicle on the Cemetery
grounds except on the designated roadways therein, unless authorized
in advance by the Cemetery Administrator or designee.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from soliciting on the Cemetery grounds.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
All persons are prohibited from being present at the Cemetery
without any lawful purpose related to the Cemetery.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)
Any person violating any provision of this Chapter shall be
guilty of an infraction, which shall be punishable by a fine not exceeding
two hundred fifty dollars, or a misdemeanor, which shall be punishable
by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six months,
or by both such fine and imprisonment.
(Added by Ord. No. 2301CCS §
1, adopted 11/24/09)