The purpose and legislative intent of this chapter is to regulate
the operating times for all county of Merced public cemeteries and
to prohibit the possession and consumption of alcohol on all county
public cemetery properties. The Merced County board of supervisors
hereby finds that there has been an increase in the number of incidences
of parties and gatherings at grave sites which has lead to the destruction
and theft of property, loitering, disturbing the peace, littering,
and the consumption, possession and sale of alcohol and controlled
substances on public cemetery property when there are no personnel
on site and at times when there is no legitimate public purpose to
be served. This chapter is not intended to address the use, control,
or service of alco-holic beverages where separately regulated under
state or other local laws, but is intended to fill an area not entirely
covered by the State Alcohol Beverage Control Act.
(Ord. 1823 § 1, 2007)
In this chapter, unless the context otherwise requires, the
following words and phrases are defined as follows:
means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine from whatever source or whatever process produced.
includes alcohol, spirits, liquor, wine, beer, and every
liquid or solid containing alco-hol, spirits, liquor, wine, beer,
and which contains one-half of one percent or more of alcohol by volume,
either alone or when diluted, mixed, or combined with other substances.
shall mean the time posted by each cemetery district, which
designates the time that the cemetery is open for use by the general
public.
shall mean two or more persons assembled on cemetery property
after posted designated hours of operation, for a social occasion,
gathering, activity, or event, whether organized formally or informally.
shall mean any and all cemeteries within the county of Merced,
not privately owned, and managed by one of the county of Merced Cemetery
Districts, currently there are eight, which include: Dos Palos, Hilmar,
Los Banos, Merced, Merquin (aka Sunnyside), Plainsburg, Snelling and
Winton.
(Ord. 1823 § 1, 2007)
All county of Merced public cemeteries will effectively designate
operation times for which each public cemetery will open and close
to the public. Each cemetery district shall determine and post their
own designated operation times, and each posting shall include that
the use, possession and consumption of any alcoholic beverage on its
premises is prohibited. Operation times, as well as the prohibition
of alcohol, shall be posted at each and every entrance/exit to each
cemetery and where there is no designated entrance, in such places
that will most likely be viewed by the general public and no less
than 100 feet apart along all boundaries, borders, access roads, trails,
sidewalks or other means of entry.
(Ord. 1823 § 1, 2007)
This chapter or any of its provisions shall not apply when either
of the actions below is taken:
A.
Authorization.
Authorization may be given by each cemetery district's administrative
offices for permission to enter onto cemetery premises before or after
posted designated operation times, in order to provide such actions
but are not limited to the following: routine maintenance, inspection,
repair and for other such services as are deemed necessary and appropriate
by each cemetery district office including, any agency, business,
or employee of said agency or business who has entered into a contract
or agreement for services which involves access to the cemetery property.
In addition, each cemetery district may authorize any other agency,
business or representative thereof to have access to the cemetery
property for the purposes of that agency, business or representative
thereof carrying out their authorized duty, business, and or legally
mandated action.
B.
Waiver.
Each cemetery district shall implement a provision for waiver of the
posted open and closure operation times as well as the possession
and or consumption of alcohol for any individual, business or other
entity of the general public, who demonstrate a legitimate, religious
and or other reasonable purpose (as defined by each cemetery district,
and should include but is not limited to the following: burial/internment
services, organized and approved vigils, and for such other recognized
religious purposes and beliefs). The waiver procedure process shall
clearly set forth the procedure to request such a waiver and each
cemetery district shall fully provide their policy and procedure (in
writing) for requesting such a waiver, upon request, as well as posting
clearly that a waiver process is available, upon request, at each
cemetery district's administrative offices.
(Ord. 1823 § 1, 2007)
Any person or persons found to be in violation of this chapter and or any of its provisions is guilty of a misdemeanor, and upon conviction, shall be subject to such fines and penalties as are outlined and permissible under Merced County Code, Title l, Section 1.28.020, which specifically states that such offenses are "...punishable by a fine of not more than $1,000 or by imprisonment not to exceed six months, or by such fine and imprisonment," and Section 1.28.040, which states that each violation is a separate offense and shall be punished accordingly; as well as any other county of Merced ordinances and provisions of law that may be applicable.
(Ord. 1823 § 1, 2007)
