[1]
Editor's Note: Former Ch. 12.70, regarding cemeteries, adopted in 2003 by Ord. No. 1063 and amended 4-18-2017 by Ord. No. 1304, was repealed 3-1-2022 by Ord. No. 1371.
A. 
"Cemetery"
means the burial park for earth interments.
B. 
"Lot"
means space in the cemetery used, or intended to be used, for the interment of human remains.
C. 
"Plot"
means same as lot.
D. 
"Grave"
means a space of ground in the cemetery used, or intended to be used, for burial.
E. 
"Space"
means the space on a lot for the interment of one human remains.
F. 
"Casket Vault"
means a permanent outside container of grade for a casket that seals, is without hinges, and is made of steel or concrete.
G. 
"Urn vault"
means a permanent, lockable, or sealable outside container of grade for an urn that is made of metal, concrete, polycarbonate plastic or stone.
H. 
"Interment"
means act placing of human remains by earth burial or cremation in a grave.
I. 
"Owner"
means the owner of an interment right or rights within the cemetery, as reflected in the records of the cemetery.
J. 
"Memorial"
means a marker or monument, name plate for the purpose of identification or in memory of the interred.
K. 
"Monument"
means a memorial of granite placed on a lot that extends above the surface of the lawn and has a concrete base.
L. 
"Marker"
means a memorial of granite and/or bronze placed on a space that is flush with the lawn.
M. 
"Burial" or "buried"
means interment.
N. 
"Board"
means the public properties and outdoor spaces board.
O. 
"Governing body"
means the city council.
P. 
"Designee"
means an employee acting on behalf of the city of Valley Center.
Q. 
"Cemetery sexton"
means caretaker in charge of the cemetery maintenance and operations, normally holds the position of director of parks and public buildings.
R. 
"Cremation"
means the technical heating process that reduces human remains to bone fragments, which occurs through heat and evaporation.
(Ord. 1371, 3-1-2022)
A. 
All municipal cemeteries shall be open for the conduct of business during normal operating hours, Monday through Friday, except for holidays. It is unlawful for any person to enter any municipal cemetery or to drive any motor vehicle or park the same in the cemeteries from one hour after sunset until sunrise. Any person upon the premises from one hour after sunset until sunrise shall be guilty of a criminal trespass on the cemetery premises and the penalty thereof shall be the same penalty as that imposed for other violations of this chapter; provided, however, authorized city personnel may enter the cemetery during otherwise prohibited hours.
B. 
No burial shall take place on Saturday without the approval of the cemetery sexton. No burial shall take place on Sundays or holidays except at a time of catastrophe, disaster, or epidemic.
(Ord. 1371, 3-1-2022)
All caskets shall be interred in an outside container to be a minimum type, two-piece concrete box. Steel or concrete vaults also can be used. Wooden vaults shall be prohibited. Arrangements for burial or other installations shall be made in advance to the cemetery sexton at the city clerk's office. Cremation urns that do not lock or are made of decomposable material must be placed in a vault made of concrete, polycarbonate plastic or metal.
(Ord. 1371, 3-1-2022)
A. 
Cremation remains will be placed in a lockable urn made of non-decomposable materials. Urns that cannot be locked must be place inside of an approved urn vault.
B. 
No more than two cremations shall be allowed to be interred on any single lot space.
C. 
Only one headstone marker is allowed on a lot space no matter how many cremation remains are interred thereon. Multiple names may appear on the headstone marker.
D. 
No more than one casket burial shall be allowed to be interred on any single lot space.
E. 
Urns, urn vaults and casket vaults will be interred with a minimum of two feet of backfill soil over the top and be left level with the existing ground. For casket vaults, sand will be used to back fill around the edges of the vault and up to the top of the casket lid before backfill soil is added.
(Ord. 1371, 3-1-2022)
A. 
All monuments and stones shall be set on a concrete foundation. The foundation shall be level and flush with the ground and shall extend a minimum of six inches outside the base dimensions of any monument or stone. Foundation dimensions must not extend beyond the lot dimension width for a single lot, except when setting a double headstone over two lot spaces, the foundation will be centered and span over two lots but must not extend beyond the width dimension of two lot spaces. The maximum width allowed for a single foundation is four feet wide and the maximum for a double foundation is eight feet wide.
B. 
Foundations for single stones to be four inches deep and double stones six inches deep. The depth of the concrete footings and bases shall be inspected by the cemetery sexton. All concrete footings shall be finished and edged.
C. 
The general location of all stones, monuments and foot stones on any grave site shall be located and placed as directed by the cemetery sexton. All headstones shall be positioned and aligned in the same manner. No stone or monument can be set until arrangements are made with the cemetery sexton and installations are to be made under the supervision of the cemetery sexton. No Saturday, Sunday or holidays stone settings or any other installations will be permitted.
D. 
Monuments and/or stones may not exceed forty-eight (48) inches in height.
E. 
All stones and monuments may be realigned or relocated by the cemetery sexton. The cemetery sexton is also authorized to repair and reset bases and stones as the need requires. There will be a charge for labor and materials according to what has to be done.
F. 
Organizational emblems shall be placed on either north or south side of monuments within the extended dimensions of the monument.
G. 
Stone settings require a minimum of two business days' notice for marking the location. The cemetery sexton may delay installation of stones and monuments due to inclement weather and ground conditions.
H. 
No permanent structure shall be placed on lot spaces other than identified and authorized above.
I. 
No grave openings shall be allowed without permission of the cemetery sexton.
J. 
Any "veteran" stone, provided by the US Military, is the responsibility of the family of the deceased to be installed. The cemetery sexton must be notified of any veteran stone needing to be installed. The cemetery sexton will mark the location in which a veteran stone shall be placed. In honor of our veteran's service to this country, no stone setting fee shall be charged for a veteran stone.
K. 
No monument, head stone, foot stone or military stone may be set by family or individuals. A monument company, approved by the cemetery sexton, may only install monuments.
(Ord. 1371, 3-1-2022)
At the direction of the cemetery sexton, all flowers, plants, artificial plants or flowers, decorations and other memorabilia may be picked up and discarded at any time without notification to the lot owner or family members. Any flowers or decorations on the grounds may be discarded during mowing season (April 15 through October 1) as needed for mowing maintenance. The city shall remove, without notice, all artificial and cut flowers or decorations when their appearance becomes unsightly or not in harmony with the overall appearance of the cemetery. Decorations and flowers shall be permitted to remain on grave spaces from October 1 to April 15 as allowed in subsections A, B and C hereto:
A. 
Flowers or decorations which are placed in urns which are a part of a headstone and are embedded in a concrete base may be permitted at all times.
B. 
Seasonal flowers, cut flowers, artificial plants or flowers, decorations and wreaths shall be permitted over the grave spaces for a period of two days preceding and ten (10) days following Memorial Day.
C. 
Flowers, wreaths, plants, artificial flowers, and decorations will be allowed to be placed over and remain on a newly interred lot for seven days after burial services after which time may be removed and discarded by the city without notice.
(Ord. 1371, 3-1-2022)
The speed limit for motor vehicles in any municipal cemetery shall be ten (10) mph and it is unlawful for any person to exceed the limit.
(Ord. 1371, 3-1-2022)
Except as authorized by the cemetery sexton for the operation of Valley Center Cemetery, it shall be unlawful for any person to operate or drive any motor vehicle or motorcycle in Valley Center Cemetery except on the paved roadways located in such cemetery. The cemetery sexton shall authorize such operation upon a showing that it is necessary to operate the vehicle off the roadway and a further showing that the cemetery grounds will not be damaged.
(Ord. 1371, 3-1-2022)
It is unlawful for any person to have in their possession or discharge any fireworks while in the cemetery.
(Ord. 1371, 3-1-2022)
The lots in the cemetery shall not be used for any other purpose other than as a place for the burial of dead human remains.
(Ord. 1371, 3-1-2022)
If any monument, effigy, structure, inscription be placed in or upon any lot which shall be determined by the sexton to be improper or offensive or injurious to the appearance to the surrounding lots or grounds, the sexton shall report the same to the public properties and outdoor spaces board. If after due investigation, the same is found to be improper, offensive, or injurious, the public properties and outdoor spaces board shall order the owner to remove such improper, offensive, or injurious subjects or inscriptions within thirty (30) days of notification. If the lot owners neglect or refuse to comply after receiving notice of order of removal to remove the same, then the sexton shall cause the same to be removed.
(Ord. 1371, 3-1-2022)
The lot purchaser must designate an individual to be interred in that lot being purchased at the time of the lot's sale and that person designated shall then and thereafter be the owner of that lot. Price will be determined by the residency status of the individual to be interred at the time of purchase. A cemetery lot(s) shall be sold for the sole purpose of the burial of the individual to be interred.
The purchase price of lots in the cemeteries shall be reviewed by the public properties and outdoor spaces board and fixed by the governing body that include a resident and non-resident rate structure. No interment shall be permitted, or deed delivered until the purchase price has been paid in full and all internment documentation completed.
The city may buy back unused lots at the original purchase price on the original receipt from owner, the owner's estate, or the owner's heirs. Lots re-purchased by the city will be re-sold at the current resident/non-resident rate.
(Ord. 1371, 3-1-2022)
No lot owner shall be allowed to sell or convey his or her lot or any part thereof by gift or otherwise unless such conveyance is first filed of record in the office of the city clerk before the transfer shall become effective.
The owner of a cemetery lot may transfer ownership to another individual. If transferring to a current resident of Valley Center, the purchaser will be assessed the current transfer fee per each lot transferred. If transferred to a non-resident, the total fee will be based on the price difference between the original purchase and the current lot price for non-residents plus a transfer fee as set forth in the Valley Center Schedule of Licenses, Permits and Fees.
Upon payment received, the city of Valley Center will issue a new transferred deed under the seal of the city of Valley Center, signed by the city clerk or designee conveying the estate which, by law, is intended to be conveyed for the sole purpose of interment.
This fee will periodically be reviewed by the public properties and outdoor spaces board and set by the governing body.
(Ord. 1371, 3-1-2022)
No body, after being interred in such cemetery, shall be removed from the cemetery or from one burial place therein to another in the cemetery without permission having been first obtained from the cemetery sexton. The charges for disinterment in the case of removal shall be reviewed by the cemetery sexton and set by the governing body.
(Ord. 1371, 3-1-2022)
Whenever an interment is contemplated, timely notice thereof shall be given to the cemetery sexton and the following information shall be given to-wit: Name of deceased, name of owner of the burial space on which interment is to be made and legal description of the same.
(Ord. 1371, 3-1-2022)
It is unlawful for any person to walk over, upon or across or drive any vehicle over, upon or across any lot or burial space in the cemeteries except as is required by city personnel to maintain the cemeteries, also for installation of monuments and stones with the sexton's approval.
(Ord. 1371, 3-1-2022)
It is unlawful for any person to pluck any wild or cultivated flowers or to injure any tree, shrub, or plant in the cemetery or to write upon, damage, mar, or deface the monuments or other property in the cemeteries.
(Ord. 1371, 3-1-2022)
In the erection of monuments, tombs or other structures in the cemetery, a place will be designated by the sexton for the deposit of building materials and implements which shall not remain longer on the grounds than is actually necessary. Should such implements or materials be left on the grounds, the sexton shall cause the same to be removed to some suitable place at the owner's cost. All employed in construction upon the lots and grounds of the cemeteries shall be subject to the control and direction of the sexton. Anyone failing to conform to this regulation and the other requirements of this chapter shall not thereafter be permitted to work on the grounds.
(Ord. 1371, 3-1-2022)
The cost of lots, burial permits, stone setting permits, grave openings, exhumations, transfer fees, licenses and any other fee associated with the operation of the municipal cemetery shall be reviewed periodically by the public properties and outdoor spaces board approved by the governing body to be included in the Valley Center Schedule of Licenses, Permits and Fees.
(Ord. 1371, 3-1-2022)
Anyone found to be in violation of this chapter shall be fined a sum not to exceed one thousand dollars ($1,000.00) or confinement for a period of time not to exceed one hundred eighty (180) days, or both such fine and incarceration.
(Ord. 1371, 3-1-2022)