Dunsmuir Municipal Code Ch. 12.16 City Cemetery

"Cemetery," as used in this chapter, means the city of Dunsmuir cemetery located at 6248 Dunsmuir Avenue owned and operated by the city.

(Prior code § 22-1; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

The most recent survey and replat of the cemetery into lots, blocks, roadways and walkways, as recorded in the office of the city clerk from time to time, shall be the official survey and plat of the cemetery.

(Prior code § 22-2; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

The police power of the city is extended over all of the cemetery.

(Prior code § 22-3; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. The public works supervisor shall be the ex officio cemetery superintendent and sexton. The cemetery superintendent shall have sole and exclusive charge of the excavation of all graves and the interment or disinterment of the dead. The city manager shall keep an exact record of the location of the graves in the various lots in the book kept for that purpose, and shall superintend the building of all foundations for vaults, tombs and monuments, and shall enforce all rules relating thereto, and their proper places.

B. It is unlawful for any person other than the cemetery superintendent or some other person acting under the superintendent's supervision to do any act required in the chapter of the cemetery superintendent.

(Prior code § 22-4; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. All lots and grave spaces in the cemetery shall be sold for the purpose of interment only, and shall be subject to such regulations as may now be in effect, or which may hereafter be adopted, and shall be conveyed by means of conveyance certificates evidencing sales of such lots and grave spaces, which certificates shall be signed by the mayor of the city and countersigned by the city clerk under the seal of the city, and the city clerk shall maintain a record thereof.

B. Grave spaces shall be sold in individual sites measuring forty-two (42) inches wide and nine feet long each.

C. Charges for individual sites will be established by resolution duly adopted by the city council from time to time.

D. All charges for the sale of grave spaces shall be paid before a conveyance certificate is issued and before interment.

(Prior code § 22-5; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

Perpetual care entitles grave spaces to normal and reasonable maintenance, such as cutting of grass and weeds and removal of rubbish, but does not include unique or special provisions for the care or cultivation of any special grasses, flowers, shrubs, trees or other plants on any lots and grave spaces, nor the repairing, removal, replacement, reconstruction or maintenance of monuments in the cemetery.

(Prior code § 22-6; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. The endowment fund shall consist of the proceeds of sale of lots and private donations.

B. The city clerk or other competent resident of the city appointed by the city council shall be the administrator of the cemetery endowment fund hereby created for the city and shall execute an official bond in an amount prescribed by the city council. The cost of the bond shall be chargeable to the endowment fund. The fund administrator shall be compensated as provided by Section 37683 of the Government Code. The funds in the cemetery endowment fund shall be invested in accordance with state statutes, and the interest accruing from such investment shall annually be expended in caring for graves and beautifying and improving the cemetery. In no case shall the principal of the endowment fund be depleted or lessened, and nothing but its earnings, as they accumulate annually, shall be expended for any purpose other than as specified above or as stipulated in any endowment agreement.

(Prior code § 22-7; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A noncollapsible outer container or vault must be used in all burials in the cemetery. Burials with wooden boxes or no container are hereby prohibited.

(Prior code § 22-8; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. It is unlawful for any person to erect or construct any fence, coping or curbing of wood, stone, brick, cement or other material at or around any individual lot or grave space in the cemetery, or to plant any tree or shrub on any such lot or grave space; provided, however, that this subsection shall not be construed as prohibiting the erection of otherwise lawful headstones, tombs, markers or monuments. This subsection shall not apply to any preexisting fence, coping, curbing, tree or shrub, which shall be subject to subsection D of this section.

B. Headstones, tombs, markers or monuments or any other fixed object may be installed by the family, heirs or estate above the ground level so long as the style and character of the headstone or marker is consistent with the existing historic character of the cemetery. The installation of any aboveground headstone or marker shall be subject to the prior approval of the cemetery superintendent.

C. The cemetery superintendent shall set aside appropriate lots and grave spaces within the cemetery deemed necessary to provide for a landscaping plan. This landscaping plan shall provide for the planting of trees, shrubs and flowers by the city, for which the city shall provide perpetual care.

D. Any existing fence, coping or curbing of wood, stone, brick, cement or other material, trees, flowers or shrubs, that have been installed prior to the effective date of the ordinance codified in this chapter ("preexisting installations") shall be maintained by the owner at the owner's expense. Fences, coping or curbs of stone, brick, cement or other material that are not regularly maintained shall be removed by the city pursuant to the following procedures.

1. If a preexisting installation described above is not continuously maintained for at least six months, it may be removed by the city pursuant to the procedures described in this subsection.

2. The city will contact the owner by certified mail, or in the event there are no address records available, by publication not less than two times at least one week apart in a newspaper of general circulation in the city, to advise that the owner has an affirmative responsibility to maintain the preexisting installation and to give notice of the city's intention to remove any preexisting installation found to be in violation of this section.

3. Thirty (30) days after the date of mailing or last publication, the city may remove any preexisting installation described above that is not being maintained by the owner if no written protest is received from the owner.

(Prior code § 22-9; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. No person shall place any flag standard, religious, patriotic or benevolent society standard, flower urn or any other monument appurtenance of a permanent nature on any individual lot or grave space. Preexisting installations may be continued so long as the owner provides for appropriate maintenance to ensure that the item continues to serve its initial purpose and does not become a hazard to cemetery users and visitors or a maintenance problem.

B. A new installation that violates this section as well as a preexisting installation that is not continuously maintained for at least six months or that are hazardous or in the opinion of the cemetery superintendent a maintenance problem may be removed by the cemetery superintendent provided the procedures noted in Section 12.16.090(D)(2) and (3) are followed.

(Prior code § 22-10; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. It is unlawful for any tree, shrub, plant, coping, fencing or other structure, enclosure or decoration, excluding otherwise lawful headstones, tombs, markers or monuments located on any individual grave space, to become dangerous or detrimental to the operation of or maintenance of the individual grave spaces located in the cemetery, or to interfere with or encroach upon adjacent grave spaces.

B. Any such feature may be removed by the cemetery superintendent provided the procedures noted in Section 12.16.090(D)(2) and (3) are followed.

(Prior code § 22-11; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

A. Except as authorized by the cemetery superintendent for the operation of the cemetery, it is unlawful for any person to operate or drive any motor vehicle or motorcycle in the cemetery except on the maintained roadways located in the cemetery.

B. It is unlawful for any person, except a city employee in the performance of his or her duty, or other such person as directed by the city, to park at any time in the cemetery, unless he or she is there for a funeral or other official business.

(Prior code § 22-12; Ord. 495 § 1 (part), 1995; Ord. 509 § 5, 2002; Ord. No. 549, § 1, 7-30-2015)

It is unlawful for any person to be or remain in the cemetery after the hour of ten p.m. and before dawn the following day except in case of a public emergency.

(Prior code § 22-13; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

It is unlawful for any person, except a city employee in the performance of his duty in caring for the cemetery, to wilfully make any unnecessary noise or disturbance, or to cut down, deface, mutilate or injure any lot, tomb, monument, marker, railing, tree, shrub, flower or other decoration, or to hitch any animal thereto, or permit any animal to be pastured in the cemetery.

(Prior code § 22-14; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)

Any person who violates or maintains any violation of the provisions of this chapter shall be guilty of an infraction, unless the violation is committed or maintained in wanton or reckless disregard of the public peace or safety, in which case the violation shall constitute a misdemeanor. The penalties for violation of this chapter shall be as prescribed in Section 1.08.010 of this code.

(Prior code § 22-15; Ord. 495 § 1 (part), 1995; Ord. No. 549, § 1, 7-30-2015)