2.135 — CEMETERIES

The term "cemetery" as used in this article shall mean and refer to the Santa Clara Cemetery and any other cemetery that the City may now or in the future acquire, own and operate and to any private cemetery within the city.

(Ord. 1155 § 1, 1-31-1967; Formerly § 6-1)

Prices and rates for cemetery lots, graves, crypts, niches and other services in the City cemetery shall be charged and collected for according to such schedules as the City Council may adopt by resolution.

(Ord. 497; Ord. 604; Formerly § 6-2)

It shall be unlawful for any person to bury, inter or entomb, or cause to be buried, interred or entombed, the body or remains of any deceased person within the city except within the following described boundaries:

A parcel of land, 20 feet in width and 40 feet in length, lying between a line parallel with and distant 110 feet northwesterly of the northwesterly line of Franklin Street and a line parallel with and distant 130 feet northwesterly of the northwesterly line of Franklin Street, and between a line parallel with and distant 327 feet southwesterly of the southwesterly line of Lincoln Street and a line parallel with and distant 367 feet southwesterly of the southwesterly line of Lincoln Street, as said streets are shown upon that certain Map of Town of Santa Clara, recorded in Book B of Maps at page 103, Santa Clara County Records;

Together with all that certain 52.611 acre parcel of land as shown and delineated upon that Record of Survey filed for record in Book 233 of Maps at page 33, Santa Clara County Records; together with all that certain 0.802 acre parcel of land as shown and delineated upon that Record of Survey filed for record in Book 75 of Maps at page 16, Santa Clara County Records; together with all of those certain Lots 17, 18, 19 and 20, as shown and delineated upon that map of the Geo. Roth Subdivision, recorded in Book L of Maps at page 95, Santa Clara County Records;

Excepting therefrom all of that 0.028 acre parcel beginning at a point in a southerly line of that certain parcel of land described in a deed to the Jesuit Community at Santa Clara University, Inc., a California Corporation, recorded March 29, 1971 in Book 9271 of Official Records at page 228, Santa Clara County Records, distant 37.50 feet, easterly, measured at right angles from the centerline of Winchester Boulevard, formerly Santa Clara-Los Gatos Road;

Thence, parallel with said centerline, North 0° 38′ 14′′ East, 452.19 feet;

Thence, along a tangent curve to the left with a radius of 382.50 feet through a central angle of 6° 33′ 23′′ for an arc length of 43.77 feet to the easterly line of Winchester Boulevard as shown on said Record of Survey recorded in Book 233 at page 33;

Thence, along said easterly line, South 0° 38′ 14′′ West, 495.89 feet to the southwesterly corner of said parcel;

Thence, along said southerly line, South 89° 54′ 49′′ East, 2.50 feet to the point of beginning;

And all of that 0.048 acre parcel commencing at the intersection of said southerly line of the Jesuit Community with said easterly line of Winchester Boulevard;

Thence, along said easterly line, North 0° 38′ 14′′ East, 534.97 feet;

Thence, North 23° 55′ 57′′ West, 39.10 feet to the true point of beginning;

Thence, continuing along last said line, North 23° 55′ 57′′ West, 820.60 feet to the southeasterly line of Bellomy Street as shown on last said Record of Survey;

Thence, along said southeasterly line, North 65° 45′ 54′′ East, 22.70 feet to a point of cusp;

Thence, leaving said southeasterly line southerly along a tangent curve to the left with a radius of 20.00 feet through a central angle of 89° 41′ 51′′ for an arc length of 31.31 feet to a point distant 37.50 feet, easterly, measured at right angles from said centerline of Winchester Boulevard;

Thence, parallel with said centerline, South 23° 55′ 57′′ East, 757.08 feet;

Thence, along a tangent curve to the right with a radius of 382.50 feet through a central angle of 6° 33′ 06′′ for an arc length of 43.74 feet to the true point of beginning.

Excepting therefrom those portions of said 52.611 acre parcel, said 0.802 acre parcel and said Lots 17, 18, 19 and 20, lying easterly of a line parallel with and distant 57.00 feet southwesterly of the centerline of Monroe Street as said centerline of Monroe Street is shown and delineated upon that certain "Official Plan Line Map of Monroe Street between El Camino Real and Newhall Street," filed for record in Book 2 of Official Plan Line Maps at pages 116 and 117, said Santa Clara County Records.

(Ord. 267; Ord. 732; Ord. 1220 § 1, 9-16-1969; Ord. 1268 § 1, 10-3-1972; Ord. 1318 § 1, 7-29-1975; Formerly § 6-3)

The provisions of SCCC § 2.135.030 shall not be deemed to prohibit the burial, interment or entombment of any deceased person in any City cemetery, meaning a cemetery owned by the City. (Ord. 267; Ord. 732; Ord. 1268 § 2, 10-3-1972; Formerly § 6-4)

It shall be unlawful for any person, association, or corporation from and after the fourth day of August, 1964, to bury or inter, or cause to be buried or interred, the whole or any portion of a dead body of any person in that portion of the City cemetery in the City of Santa Clara located in the City and County of Santa Clara, State of California, more particularly described as all and every part of every burial lot and/or family plot all or any part of which lies within the plan lines between Dome Avenue and Newhall Street as shown on the Official Plan Line Map North Winchester Boulevard and University Street which was recorded in Book 3 of Official Plan Line Maps at pages 32, 33, and 34 thereof in the Office of the County Recorder of the County of Santa Clara, State of California, and all that real property within said plan lines between Dome Avenue and Newhall Street whether said real property is divided into burial lots or not.

(Ord. 1100; Formerly § 6-4.1)

All cemeteries within the city shall be maintained in conformity with the highest modern usages and shall be subject to such regulations as may be subscribed by the City Council. (Ord. 267; Formerly § 6-5)

All interments, disinterments and removals of bodies or remains of deceased persons within the cemetery shall be made in strict compliance with the laws of the State regulating the same. (Ord. 267; Formerly § 6-6)

All sidewalks on the public streets around the boundaries of all cemeteries in the city shall be curbed and graveled or paved and shall be maintained in conformity with reasonable regulations of the City Council and shall be kept up to the standard of other sidewalks in the vicinity of such cemeteries. (Ord. 267; Formerly § 6-7)

All cemeteries within the city shall be enclosed by modern suitable and ornate fences or enclosures. The plans and specifications of such fences or enclosures, shall first be submitted to the City Council.

All cemeteries within the city shall be maintained so as to present a pleasing view and appearance to the general public from public highways. (Ord. 267; Formerly § 6-8)

Foundations for all monuments and headstones in the City cemetery shall be built by the superintendent of the cemetery at the expense of the lot owner.

All excavations for graves, foundations and underground vaults and all concrete work of any kind underground in the City cemetery shall be done by the superintendent of the cemetery at the expense of the lot owner.

The superintendent's charges for doing any of the work described in this section shall not be in excess of the reasonable market price. (Ord. 258; Formerly § 6-10)

No workmen other than employees of the City cemetery will be admitted to the City cemetery for the purpose of doing work therein except for the purpose of setting stone work. This section shall not apply to work done by the owner of the lot personally. (Ord. 258; Formerly § 6-11)

All lands which may have been or may hereafter be set apart and dedicated to the public use as cemeteries or burying grounds of the City shall be regulated and managed according to the provisions of this chapter. (Ord. 9; Formerly § 6-12)