Chapter 18.40
CITY CEMETERIES AND BURIAL THEREIN

Sections

18.40.010    Definitions

18.40.020    City cemeteries—considered memorial parks—city manager regulations

18.40.030    City cemeteries—responsibility for operation and maintenance

18.40.040    Burial—where permitted—requirements—permit—disinterment

18.40.050    Permit fees

18.40.060    Burial records—private tracts

18.40.070    Prohibited acts

18.40.010 Definitions

As used in this chapter:

“Burial disinterment permit” means the city’s permission allowing the removal of a deceased person’s remains from a grave in any of the cemeteries.

“Burial permit” means the city’s permission allowing the burial of a deceased person in any of the cemeteries.

“City cemeteries” or “cemeteries” means the several tracts within the city of Kodiak described as lot 1, United States survey 3511; lots 27 and 28, block 13, Aleutian Homes Subdivision; and the unplatted portion of block 6, Erskine Subdivision.

“City clerk” means the individual who issues all permits and keeps records for the cemeteries.

“Department” means the parks and recreation department or its director.

“Director” means the director of the parks and recreation department.

“Grave” means the individual place of burial.

“Grave preparation” means the excavation, backfill, and removal of excess material from a burial lot and replacement of the turf.

“Grave reservation permit” means a revocable use permit to reserve a lot or lots in any of the cemeteries.

“Grave use permit” means the permission granted to use a lot for a grave in the city cemeteries.

“Lot” means a parcel of land for burial of one or more persons, as designated by the city manager regulations.

“Plot” means a ground area only in city tracts of approximately 10 by 12 feet containing two lots or as shown on the official cemetery plats.

“Private tract” means a tract within any of the city cemeteries originally deeded to a church or other organization.

“Remains” means any part or parts of the body of a deceased person. [Ord. 713, 1984]

18.40.020 City cemeteries—considered memorial parks—city manager regulations

(a) Cemeteries considered memorial parks. The city cemeteries shall be landscaped by the department so that the dignity and historical aspects will be enhanced.

(b) City manager regulations. The city manager may, subject to the approval of the council, promulgate regulations pertaining to the use of the cemeteries to maintain the parks and to administer their operation in order to protect public property and to provide for the safety, health, morals, or welfare of the public, in accordance with this chapter, including, but not limited to, regulations:

(1) Concerning general administration of and supervision, including the right to enlarge, reduce, replat, or change the boundaries or grading of the city tracts or any part thereof;

(2) Regulating interment space and reservation of burial lots;

(3) Regulating the type and kind of grave markings;

(4) Dealing with the general appearance, landscaping, care, construction, repairs, hauling, or grave preparation; and

(5) Regulating the speed limit and traffic within the cemeteries. [Ord. 713, 1984]

18.40.030 City cemeteries—responsibility for operation and maintenance

The department shall be responsible for the operation and maintenance of the city cemeteries. [Ord. 713, 1984]

18.40.040 Burial—where permitted—requirements—permit—disinterment

(a) Where permitted. It is unlawful for any person to bury the remains of any person within the city except in the city cemeteries or a private cemetery approved by the city having the same health, welfare, and community standards of the city cemeteries.

(b) Requirements—permit. The remains of any person may be buried in the city cemeteries if:

(1) The burial meets the requirements of state laws and regulations; and

(2) A burial permit has been obtained from the city clerk. The burial permit shall state:

(i) The name and age of the deceased;

(ii) Date and place of death;

(iii) Name of person arranging for burial and a statement that the person has the right to use the lot for burial; and

(iv) The exact location of the grave.

(c) Disinterment permit. It is unlawful for any person to disinter the remains of any person without obtaining a disinterment permit from the city clerk. [Ord. 713, 1984]

18.40.050 Permit fees

Any required fees established by resolution or motion of the city council shall be remitted to the department. [Ord. 951 §18, 1993; Ord. 713, 1984]

18.40.060 Burial records—private tracts

(a) Burial records. The city clerk shall keep records on all burials and disinterments in the city cemeteries including both city and private tracts. The records shall include a register and book for each tract containing an alphabetical index of the names of the persons buried in the tract and other vital information, including the name of the person buried or disinterred, the date of birth, the place and date of death, the date of burial or disinterment, and the grave location. Official maps of the cemeteries shall be maintained so that the exact place of burial or disinterment can be ascertained by section, lot, and tract.

(b) Private tracts. Owners or custodians of private tracts shall furnish the city clerk with sufficient information, if available, to enable the city to have the same records of burials and disinterments for private tracts as for city tracts. The city clerk shall not be responsible for the accuracy of burial records for private tracts in any of the city cemeteries kept by private organizations before such functions are completely transferred to the city. [Ord. 713, 1984]

18.40.070 Prohibited acts

It is unlawful for any person within any of the city cemeteries to:

(a) Deface, mar, write upon, or otherwise injure any monument, design, decoration, or other object;

(b) Pluck, break, trim, remove, plant, or transplant any trees, shrubs, flowers, plants, or turf, except that a person may perform such work or otherwise care for a burial lot with the written permission of the department and the person responsible for the lot if such a living person can be identified from city records; provided, however, that the city may remove items placed or planted on the grave that are unsightly or otherwise inappropriate in its sole discretion;

(c) Be in possession of intoxicating liquor;

(d) Carry any firearms, except for lawful ceremonies, and excluding law enforcement officers;

(e) Bring dogs or other pets;

(f) Trespass upon a burial lot;

(g) Drive a motor vehicle or other type of vehicle, except within the traffic speed limits and under the directions made pursuant to city manager regulations; or

(h) Peddle or solicit the sale of flowers, plants, or any commodity. [Ord. 1060 §13, 1998; Ord. 713, 1984]