Chapter 2.36 — CEMETERY

The map of the cemetery on file in the office of the city clerk of the city, is the reference map of the Jackson Public Cemetery.

(Ord. 89 §2, 1916; Ord. 361 §2, 1975)

The price of cemetery plots in the city cemetery shall be determined by resolution of the city council.

(Ord. 321 §§1, 2, 1972; Ord. 361 §3, 1975; Ord. 423 §1, 1979; Ord. 492 §1, 1985; Ord. 729 § 2, 2023)

No improvements of any character will be permitted in the cemetery unless the purchase price of the lot on which the improvements are to be made has been paid to the city. All improvements are subject to the inspection and approval of the cemetery commissioner. Before any improvements can be commenced or made, the approval of the cemetery commissioner shall be obtained thereon.

(Ord. 89 §4, 1916; Ord. 361 §4, 1974)

The mayor and city clerk are authorized to execute all necessary conveyances to evidence the sale of any cemetery lot by the city to the purchaser. (Ord. 321 §3, 1972)

It is unlawful to bury in the cemetery or to remove therefrom for burial or other purpose the body of any deceased person without first having complied with the laws of the State of California. (Ord. 41 1/2 §1, 1908; Ord. 361 §5, 1975)

It is unlawful to violate or refuse, fail, or neglect to comply with any lawful, general or special order, notice or direction of the city council relating to the cemetery. (Ord. 41 1/2 §2, 1908; Ord. 348 §2, 1973; Ord. 361 §6, 1975)

It is unlawful for any person to dig any grave in the cemetery without first having obtained the written permission from the city council.

(Ord. 41 1/2 §3, 1908; Ord. 348 §2, 1973; Ord. 361 §7, 1975)

Under the authority of California Health and Safety Code Section8115 and any successor section thereto the following acts shall be unlawful and a violation of this chapter in any cemetery, public or private, within the municipal boundaries of the city:

• A. Defacement, Damage or Theft of Property. No person shall cut, chalk, mark or write upon, or in any manner whatsoever deface, break, mutilate, injure, destroy, damage or steal from any vault, tombstone, mausoleum, gravestone, monument, building or other structure within the boundaries of any cemetery located within the limits of the city.

• B. Destruction of Plants—Molestation of Birds or Wildlife. No person shall cut, break, pluck, or remove or in any manner destroy or injure any tree, shrub, plant or flower, or destroy, injure, or molest any bird, or any bird's nest or any bird's eggs or any wildlife within the boundaries of any cemetery located within the limits of the city.

• C. Deposit of Rubbish or Waste. No person shall deposit rubbish, grass, shrub cuttings, waste or other material or substance in any of the roadways or driveways or other areas of any cemetery within the limits of the city.

• D. Loitering and Improper Behavior or Use. No person shall loiter in any cemetery or property used or held exclusively for the burial or other permanent deposit of the human dead. The word "loitering" is defined as idling with intent to commit crime or unlawful acts.

• E. Hours of Operation. No person, without the express consent of the owner of the cemetery, shall enter any cemetery within the limits of the city between one-half hour after sunset and one-half hour before sunrise.

• F. Civil Cause of Action, Treble Damages, Attorneys Fees.

  1. Any person or persons who damages, destroys, mutilates, or vandalizes any property within a cemetery in the city shall be civilly liable to the owner of such property for three times the amount of any actual damage caused by that person and all costs and attorneys fees incurred by the owner in obtaining judgment and recovery.

  2. In the event the person or persons are juveniles, the parents and/or guardians of such juvenile shall be jointly and severably liable for all actual damages, treble damages, costs and attorneys fees.

• (Ord. 41 1/2 §4, 1908; Ord. 348 §2, 1973; Ord. 605 §1, 1999)

It is unlawful to bury in the cemetery the remains of any person whose death has occurred from disease that is held by the State Board of Health to be infectious, contagious, or communicable and dangerous to the public health unless the remains are arterially embalmed. (Ord. 41 1/2 §5, 1908; Ord. 348 §2, 1973; Ord. 361 §8, 1975)

It is unlawful to leave or deposit rubbish, dirt, brush or refuse of any kind on graves, walks or passageways in the cemetery, or at any other place therein other than dumping ground selected by the city council, or to build fires for any purpose in the cemetery without permission of the city council.

• (Ord. 41 1/2 §6, 1908; Ord. 348 §2, 1973; Ord. 361 §9, 1975)

Pursuant to the authority granted by Sections 2.05.030 and 2.05.040, it shall be the duty of the chief administrative officer of the city to function as the cemetery director, responsible for all fiscal management, cemetery maintenance and improvements, and overall cemetery administration and control.

• A. The cemetery director may appoint a deputy or delegate any specific duties in the interest of efficient, effective, and economical conduct of the city's cemetery.

• B. The cemetery director shall define and enforce all duties appropriate for proper operation and management of the city cemetery, and shall cause such definitions to be set forth and adopted by resolution.

• C. All references in the ordinances codified in this Chapter 2.36, Cemetery, which designate certain duties to the mayor or city clerk, or cemetery commissioner are modified and shall be substituted with the words, "cemetery director."

• (Ord. 41 1/2 §7, 1908; Ord. 321 §2, 1972; Ord. 361 §10, 1975; Ord. 492 §2, 1985)

All graves to be hereafter dug in the cemetery shall be in compliance with the State Code. (Ord. 41 1/2 §9, 1908; Ord. 361 §13, 1975)

The opening and closing price for any grave and other associated fees shall be determined by resolution of the city council.

(Ord. 41 1/2 §11, 1908; Ord. 321 §1, 1972; Ord. 361 §14, 1975; Ord. 276 §1, 1976; Ord. 729 § 3, 2023)

A numbered marker shall be placed on the grave immediately after the burial. The cost shall be included in the plot or lot price. (See Section 2.36.030). (Ord. 361 §15, 1975)

The rates set forth in Sections 2.36.030 and 2.36.160 shall be effective on and after February 1, 1974.

(Ord. 321 §6, 1972; Ord. 361 §16, 1975)

The penalty for violations of this chapter shall be as prescribed in Section 1.20.010. (Ord. 41 1/2 §12, 1908; Ord. 334 §2, 1973)