Lancaster Municipal Code Ch. 8.60 Burial or Entombment of Person Committing a Terrorist Act

The purpose of this chapter is to exercise the authority granted by section 8115 of the California Health and Safety Code by imposing reasonably necessary standards governing burial and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, in order to protect the public health and safety, assure decent and respectful treatment of human remains, and prevent offensive deterioration of cemetery grounds, structures, and places of interment. The provisions of this chapter apply to every public and private cemetery within the city.

(Ord. No. 1011, § 1, 2-9-2016)

The following words and phrases, wherever used in this chapter, shall be construed as set forth below, unless it is apparent from the context they have a different meaning:

"Cemetery" means any public or private cemetery, including mausoleum and/or columbarium, within the city.

"City" means the city of Lancaster.

"City clerk" means the city clerk of the city, or his or her designee.

"City manager" means the city manager of the city, or his or her designee.

"Entombment" means entombment in a mausoleum or columbarium.

"Responsible person" means any person having ownership, control or management responsibility over any cemetery. The actions or inactions of a responsible person's agent, employee, representative or contractor may be attributed to that responsible person.

"Terrorist" means a person who has been identified by the Federal Bureau of Investigation as participating or engaging in any act of "international terrorism" or "domestic terrorism" as defined in section 2331 of title 18 of the United States Code.

(Ord. No. 1011, § 1, 2-9-2016)

A cemetery shall exercise reasonably diligence to determine whether a person to be buried or entombed was a terrorist.

(Ord. No. 1011, § 1, 2-9-2016)

Prior to burial or entombment of a terrorist, a cemetery shall submit written notification to the city clerk on a form provided by the city clerk for such purpose. The city clerk shall immediately forward any completed written notification submitted pursuant to this chapter to the city manager and to the county sheriff's department. Within two business days following submission of a completed written notification pursuant to this chapter, the city manager shall, in conjunction with the county sheriff's department, take one of the following actions: (i) approve the burial or entombment; (ii) approve the burial or entombment with conditions; or (iii) deny the burial or entombment. In determining whether to approve, conditionally approve or deny a request pursuant to this chapter, the city manager shall consider whether and to what extent the proposed burial or entombment may (i) pose a risk to public health or safety, (ii) jeopardize the decent and respectful treatment of human remains, and/or (iii) result in the offensive deterioration of cemetery grounds, structures, and places of interment. The city manager shall not impose any condition(s) or deny any request pursuant to this chapter if such conditions(s) or denial would interfere with a person's vested right to burial or entombment or would otherwise violate any statutory or constitutional right. Written notice of the city manager's action shall be sent to the requesting cemetery by first class mail and electronic delivery (e.g., facsimile and/or email). If electronic delivery is not possible, the city manager's written notice of action may be personally delivered. A proposed burial or entombment shall be deemed unconditionally approved if the city manager does not otherwise timely notify the requesting cemetery.

(Ord. No. 1011, § 1, 2-9-2016)

Any responsible person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, the penalty shall be a fine of not more than one thousand dollars ($1,000.00) or imprisonment for a period of not more than six months, or by both such fine and imprisonment.

(Ord. No. 1011, § 1, 2-9-2016)

If any part or provision of this chapter is found to be invalid or unenforceable by a court of law, such invalidity shall not affect any other part or provision herein, and all remaining provisions of this chapter will be valid and enforceable to the fullest extent permitted by law.

(Ord. No. 1011, § 1, 2-9-2016)