Besides being subject to these rules and regulations for the
City cemeteries, all interments, disinterments and removals are subject
to the orders, rules, regulations and laws of the properly constituted
authorities of the City and State.
(a) Authorization for Interment.
The City reserves the right
to refuse burial in any burial space if complete, correct and proper
procedures are not followed or the death is suspicious and under criminal
investigation.
(b) Facsimile, Electronic and Telephone Authorization.
The
City may but shall not be obligated to complete certificates of transfer,
endowment contracts or any or all other applications, contracts or
paperwork via facsimile, electronic means, or telephone. The City
shall not be held responsible for any order given by telephone, facsimile,
other electronic means, or for any mistake occurring from the want
of precise and proper telephonic, electronic and/or facsimile transmissions.
Any changes, adjustments or corrections necessitated by such mistakes
shall be at the expense of the burial space owner or the owner’s
agent.
(c) Burial Permits Issued.
The Mesa County Bureau of Vital
Statistics or other appropriate agencies shall issue a burial permit
addressed to the City Clerk. No burial shall take place without a
burial permit from the appropriate agency. In the case of cremated
remains, such burial permit will accompany the body to the crematorium.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 10, 6-30-99)
The right is reserved by the City to insist upon notice at least
24 hours prior to any cremation or interment, and at least 10 days’
notice prior to any disinterment or removal. Any exceptions must be
approved by the City Manager’s designee.
All interments, disinterments and removals must be arranged
for in advance, but no interments, disinterments, removals, cremation
or interment service shall be permitted on the Saturday or Sunday
before or on Memorial Day. Exceptions may be granted for extenuating
circumstances by the City Manager’s designee; however, the additional
grave opening fee for Sundays and holidays will be charged.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 11, 6-30-99)
(a) No Interment Unless Paid in Full.
No interment shall
be permitted or memorial placed in or on any space not fully paid
for. A promissory note or installment contract for purchase shall
not be considered as payment and no rights shall be acquired by the
burial space purchaser of said interment or interments until such
is fully paid for in good funds. The City Manager’s designee
may accept from the legal representative of a deceased a bond or other
surety or guaranty of payment.
(b) More Than One Body.
Not more than one body, or the remains
of more than one body, shall be interred in one grave, vault, crypt
or niche; however, with the written consent of the City Manager’s
designee, with the consent attached to the certificate of ownership,
the remains of an infant may be buried in the grave space with the
parent or cremated remains may be placed in the same grave, crypt
or niche with one adult or infant burial or other cremated remains;
provided, proper identification is made of such interment or interments
on one crypt, niche, memorial or marker; and provided, the appropriate
fees have been paid. In no event shall more than five remains be allowed
in one full size space (four feet by 10 feet approximately).
(c) No
interments, including cremated remains, shall be buried in a grave
space without a vault.
(Ord. 4607, 10-16-13; amended during 2009 recodification; Adm. Reg. 1-99 § 12, 6-30-99)
(a) Delay From Protest.
The City shall be in no way liable
for any delay in the interment of a body where a protest to the interment
has been made or where the rules, regulations and ordinances of the
City or other applicable law have not been complied with. The City
shall be under no duty to recognize any protests of interments unless
they are in writing and filed with the City Clerk, or are by order
of a court of competent jurisdiction.
(b) Not Responsible for Identity.
The City shall not be
liable for information contained in the certificate of ownership or
for any or all documents and records nor for the identity of the person
sought to be interred, cremated or disinterred.
(c) Errors May Be Corrected.
The City shall not be liable
and reserves and shall have the right to correct any errors that may
be made by it, either in making interments, disinterments or removals,
or in the description, transfer or conveyance of any space, by correcting
as required any errors in form or substance made to any documents.
In any event the liability of the City shall be no greater than the
cost of the space(s) at the time of purchase.
(Adm. Reg. 1-99 § 13, 6-30-99)
Only the City shall open and close graves. The placement of
urns by a monument company is allowed when the company is placing
a marker or monument at the same time. Proper notice shall be given
to the cemetery office.
(Amended during 2009 recodification; Adm. Reg. 1-99 § 14, 6-30-99)
Funeral processions, on reaching a cemetery, shall be under
the guidance and control of the cemetery staff. Automobile and motorcycle
engines must not be kept running in close proximity to any funeral
during the services. Funeral services shall be scheduled at such a
time where the service will be complete prior to 4:00 p.m. unless
a surcharge has been paid to the City in advance.
(Adm. Reg. 1-99 § 15, 6-30-99)
Fees shall be charged for all grave spaces, digging and filling
of graves, disinterments, reinterments and the overtime services of
the City employees. All fees so charged are to be paid to the City
Clerk.
(a) A
graduated fee shall be charged for the opening and closing of graves
in the burial of infants, children, adults and cremated remains; the
schedule of graduated fees shall be established by resolution of the
City Council.
(b) For
disinterments and reinterments, a fee shall be charged for infant,
child and adult graves, which fee schedule shall be established by
resolution of the City Council.
(Adm. Reg. 1-99 § 16, 6-30-99)
Once a casket containing a body or an urn containing the remains
of a body is within the confines of the cemetery, no funeral director,
embalmer, assistant, employee or agent, nor any cemetery employee
shall be permitted to open the casket or to touch the body or the
remains of the body without the consent of a member of the immediate
family, the legal representative of the deceased or without a court
order or written consent filed with the City Clerk.
(Adm. Reg. 1-99 § 17, 6-30-99)
Once a casket containing a body is within the confines of the
cemetery and has been accepted for interment by the City Manager’s
designee, no funeral director, embalmer, assistant, employee or agent,
nor any cemetery employee shall remove or permit the removal of the
casket or body contained therein without the written consent of a
member of the immediate family, nearest of kin, legal representative
of the deceased or without a court order. A casket containing a body
cannot be accepted for interment by the City Manager’s designee
until the City receives a signed, properly completed burial order
form and burial permit for the deceased.
(Ord. 4607, 10-16-13; Adm. Reg. 1-99 § 18, 6-30-99)