Trinity County Municipal Code Ch. 13.08 Cemeteries

Cemetery advisory commissions for each individual cemetery or group of cemeteries shall be appointed by the board of supervisors. Members of an appointed cemetery commission shall serve a two-year term without compensation except that the board of supervisors may, by resolution, provide for payment of mileage incurred for attendance at out-of-town meetings. A commission shall consist of up to five individuals.

(Ord. 1164 §1(part), 1992)

The director of building and development services and his/her designee shall be responsible for the operation and maintenance of all county cemeteries under the direction of the county administrative officer.

(Ord. 1164 §1(part), 1992)

(Ord. No. 1301, § 1, 12-19-06)

Each appointed commission shall annually, by a majority vote, select a chairperson to preside over the commission. Commissions may assist the director by providing input and recommendations on the budget for the cemeteries under its jurisdiction. The budget will be reviewed and submitted to the county administrative officer and the board of supervisors for final adoption. Each appointed commission may recommend policies regarding the operation and maintenance of the cemetery under its jurisdiction, subject to approval of the board of supervisors. Each commission shall meet regularly, and all funds collected by authorized commissions, director of building and development services and his/her designee or his/her designated representative, shall be deposited with the county treasury. Each commission shall inspect the records and accounts of the cemeteries under its jurisdiction periodically.

(Ord. 1164 §1(part), 1992)

(Ord. No. 1301, § 1, 12-19-06)

There shall be a schedule of fees for burial in county-owned cemeteries. Such fees shall be established and periodically changed by the board of supervisors by resolution.

(Ord. 1164 §1(part), 1992)

A. These rules and regulations shall apply to all county-owned cemeteries, except Weaverville Cemetery; provided, however, that the board of supervisors may adopt additional policies or modify existing policy by resolution.

B. Fees for plots reserved after the effective date of the ordinance codified in this chapter shall be paid within ninety days after the same has been reserved unless other arrangements have been made with the county.

C. The cemeteries shall be governed by the following general rules and procedures:

1. All interments and disinterments are subject to these rules and regulations and to all state and local laws, ordinances and regulations;

2. No interment shall be held at the cemetery, and no remains can be disinterred or removed from the cemetery, until the permits required by state and local authorities, fees, or contract for services have been received by the person in charge of the cemetery;

3. Each person, firm, corporation or funeral home requesting a burial in the cemetery shall contact the county or other designated personnel to schedule such burial before making the time of burial public;

4. Effective January 1, 1992, each person, firm, corporation or funeral home requesting a burial in the cemetery shall be responsible for opening and closing of the gravesite, at the location designated by the director of building and development or his designated personnel;

5. Burial rights in a cemetery lot may be purchased from the county at such locations as designated by the director of building and development. Payment shall be made in cash or check. Upon payment in full, a certificate of burial rights shall be issued to the purchaser;

6. Not more than one casketed remains may be interred in any lot unless double depth interment is requested before the first burial is made. If a double depth interment is anticipated, the first coffin shall be placed in a solid concrete container and in accordance with the appropriate fee schedule. Multiple cremains may be interred in the same plot;

7. The number of multiple interments or cremated remains per gravesite shall not exceed five unless approved otherwise by the director of building and development;

8. Each person or persons in charge of making arrangements for interment shall receive a copy of the cemetery property rights, rules and regulations, and a copy of the fee structure from the division of buildings and grounds;

9. Cremains will not be held by the county for more than thirty days before interment. After thirty days, cremains will be interred in a plot selected by the director of building and development. A fee will be charged for disinterment and/or reinterment;

10. No domestic animals will be allowed on cemetery property, except for service animals performing a task or function for disabled persons. The owners of any animals found on cemetery property will be responsible for any damages caused by their animal. Allowing or causing any domestic animal to be on cemetery property shall be punishable as an infraction by a fine of up to one hundred dollars for each violation;

11. Reserve plots may be reserved and paid for over a twelve-month period. If full payment is not made within this twelve-month period, the contract shall be determined null and void and prior payments forfeited. Interments, by signed contract, require payment within ninety days. If accounts are not paid in full at the end of these time periods, the county will pursue collection of debts through legal means;

12. During the spring and summer moving season, all flowers, plastic and real, may be removed once every ten days in both the Weaverville and Hayfork cemeteries in order to properly maintain the grass. A schedule of mowing days will be posted at each cemetery by the buildings and grounds division and will be advertised in the local newspaper. Any flowers remaining on a gravesite on a scheduled mowing date will be disposed of by the buildings and grounds personnel;

13. Artificial flowers shall be treated the same as fresh flowers. If the flowers start to discolor, fade, or deteriorate, cemetery employees will remove and dispose of them;

14. No person may operate a motorized vehicle or bicycle on cemetery property, except in the circumstances set forth below in subsection 15. A "motorized vehicle" means a vehicle which is self-propelled by means of an internal combustion engine or electric motor. This definition specifically includes all types of motorcycles, motorscooters, motorized tricycles, all terrain vehicles, motorized skateboards, "gopeds," and other such motorized off-road vehicles;"

15. Subsection 14 above does not apply to travel along paved roads within a cemetery, or to authorized emergency or law enforcement vehicles operated by personnel engaged in the lawful performance of their duties, authorized maintenance or construction activities by individuals designated by the cemetery advisory commission for that cemetery, or the director of building and development services or his/her designee, to perform such duties, hearse or similar vehicle for use in interring remains, or to electric powered wheel chairs or electric powered bicycles operated by a persons with a medical condition which impairs normal mobility;

16. Operation of a motorized vehicle or bicycle in a manner not authorized by the provision of this chapter shall be punishable as an infraction by a fine of up to five hundred dollars for each violation.

D. Only ground level markers/headstones may be used for grave markers in the cemeteries in Trinity County. Exceptions to this rule will require prior approval by the director of building and development services or his/her designee. Any upright headstone or grave marker installed as of the effective date of this amendment may remain in place, and may be replaced by an upright headstone or grave marker of substantially similar size if damaged or deteriorated. No markers shall be placed before full payment is received for county burial services.

E. Liners shall be required in all county-owned cemeteries. All liners must comply with California Health and Safety codes.

(Ord. 1206, 1996; Ord. 1164 §1(part), 1992)

(Ord. No. 1301, § 1, 12-19-06)

A. The county disclaims all responsibility for the loss or damage to property within county-owned cemeteries from any cause including, but not limited to, damage caused by the elements, acts of God, common enemies, vandals, or malicious mischief.

B. Property rights and the rights of interment within the county cemeteries shall be in accordance with the laws of the state of California.

C. The county shall not maintain living memorials placed on grave sites. Ongoing maintenance of living memorials shall be the responsibility of the individual(s) placing the memorial. Living memorials shall be evergreen and planted under the direction of cemetery personnel.

D. The county reserves the right to remove from any lot, plot or grave within the county, any grave coverings or improvements, when such grave coverings or improvements become in the opinion of the director unsightly, or in a condition of apparent deterioration or a hazard to the health, safety or welfare of visitors to the cemetery. Any major changes or alterations will be discussed with the appropriate commission prior to work being done.

E. The county reserves the right to remove from any lot or plot within the cemetery, trees, shrubs, artificial plants or flowering plats when such trees, shrubs or plants in the opinion of the director become dangerous, injurious or detract from the appearance of the cemetery. Any major changes or alterations will be discussed with the appropriate commission prior to work being done.

F. The county will cease scheduling burials in the lower six rows of the Weaverville cemetery. For those people who have reserved plots before the effective date of the ordinance codified in this chapter, in the event that a burial takes place and remains are discovered in the plot, interment will take place in an alternative plot and the family will hold the county harmless.

G. The county will cease scheduling burials in the area known as the toilet area in Section E of the Weaverville Cemetery.

(Ord. 1164 §1(part), 1992)

(Ord. No. 1301, § 1, 12-19-06)

The board of supervisors recognizes the historic value of the cemeteries of the county and declare it to be the policy of the county that the historic value of the cemeteries shall be maintained.

(Ord. 1164 §1(part), 1992)