Chapter 11.15
CEMETERIES
Sections:
11.15.050 Lots and grave sites.
11.15.060 Burial restrictions.
11.15.090 Reversion of graves.
11.15.110 Perpetual care fund.
11.15.010 Title.
This chapter shall be known as the Riverton City cemetery ordinance. [Ord. 10-04 Exh. A.]
11.15.020 Purpose.
The purpose of this chapter is to provide for the efficient operation, maintenance, and appearance of the Riverton City cemetery. The city finds that cemetery grounds are considered sacred and should be maintained and treated with respect and decorum. The city recognizes the rituals associated with the grieving process and finds that the privacy of mourners should be protected against disruption and intentional infliction of emotional distress while in the cemetery. [Ord. 10-04 Exh. A.]
11.15.030 Definitions.
The following words or phrases shall have the following meanings unless the context otherwise clearly requires:
“Burial lot” means a group of graves or single grave and shall be used as a means of geographical reference within the cemetery.
“Funeral” means the ceremonies, rituals, processions, and memorial services held in connection with the burial, cremation, or memorial of a deceased person, including the assembly and dispersal of the mourners.
“Grave” means a space within a burial lot for which one right of burial may be sold.
“Marker” means a headstone flush with the surface of the ground made of granite, marble, or metal substances.
“Monument” shall include a tombstone or headstone of granite, marble, or metal substances which shall extend above the surface of the ground and shall be shall be placed in the cemetery in accordance with the applicable rules and regulations adopted by the city council.
“Mow strip” shall refer to the ground level cement or marble border of the monument or marker which shall extend outward from the outer perimeter of the base or marker at grass level and shall be placed in the cemetery in accordance with the applicable rules and regulations adopted by the city council.
“Right of burial” and/or “burial right” means the right for the holder of a right of burial certificate, or heir, to be buried in the city cemetery. [Ord. 10-04 Exh. A.]
11.15.040 Supervision.
Under the direction and control of the governing body of the city, staff shall have the responsibility for the general supervision of the city cemetery and to carry out the following duties:
(1) Direct and control all improvements, planting, placement of markers, monuments and all other work done within the cemetery of any kind, nature, or description.
(2) In association with the city recorder’s office, direct and control all burials in the city cemetery. Before issuing a written permit to inter a body in the cemetery, shall require payment of all fees.
(3) In association with the city recorder’s office, shall sell burial rights in any unsold lots in the city cemetery and issue any payment to the city treasurer. A certificate of burial right shall be in compliance with such rules, regulations and terms adopted by the city council pertaining to the sale, transfer, and usage of burial rights. A right to burial certificate does not convey to or entitle the holder thereof any other privilege other than the right to bury the body of a deceased person, and is not a deed conveying title in fee simple or otherwise to the land or any part thereof. The city recorder shall keep record of all certificates conveyed, burials and removals, plats and locations.
(4) Direct the removal of floral pieces or displays left on any grave as deemed necessary to the appearance of the cemetery.
(5) Provide for the regulation of all funeral corteges while in the cemetery.
(6) Recommend to the city council such additional rules and regulations as may be necessary for the operation, maintenance, appearance and protection of the cemetery. [Ord. 15-01 § 1; Ord. 10-04 Exh. A.]
11.15.050 Lots and grave sites.
(1) The city shall, upon application of a purchaser, sell burial rights to grave sites in the city cemetery which shall be described by lot, row, and grave number or portion of grave. It is unlawful for any person to bury the body of a deceased person in the city cemetery without first paying in advance for rights to that portion of the grave to be occupied, or, if he does not own or purchase burial rights to the grave, without furnishing a written permit from the owner of burial rights to the grave, or nearest relative of the owner thereof, which permit shall be filed with the city recorder’s office.
(2) The price for each grave site sold within the city cemetery shall be as set forth in the city’s annual fee schedule.
(3) The payment specified in subsection (2) of this section, or its successor, shall not include payment for any of the services provided in any other section in this chapter, but shall include payment for grave site care, which shall consist solely of filling the grave, placing topsoil thereon, filling and seeding the grave site with suitable grass seed, and watering and cutting such grass.
(4) The city recorder shall keep a duplicate of all certificates of burial rights issued by the city as part of the records of the city cemetery. [Ord. 10-04 Exh. A.]
11.15.060 Burial restrictions.
It shall be unlawful for any person to:
(1) Be buried in the cemetery unless the casket is placed in a city-approved vault made of concrete or another material that has similar structural properties as concrete. No wood shall be used in the construction of any part of any vault. Exceptions to the provisions of this section may be granted for infant or cremation burials only. In such instances, the design and construction of the burial vault shall be approved by the city.
(2) Bury the body of a deceased person within the limits of the city except in a legally established cemetery.
(3) Bury the body of a deceased person in the cemetery without permission from the city.
(4) Bury the body of a deceased person in the cemetery without certificate of burial right, as issued by the city recorder.
(5) Bury the body of a deceased person in the cemetery without submitting payment of any fees required as set forth by the city council.
(6) Bury the body of a deceased person in any structure above the ground in the city cemetery. [Ord. 10-04 Exh. A.]
11.15.070 Disinterment.
(1) It shall be unlawful for any person to disinter a body in the city cemetery or in any cemetery within the limits of Riverton City except under the direction of the city manager. Before disinterment, the city manager shall require a permit issued by the State Board of Health, and a written order from the owner of the lot authorizing such removal, which order shall be filed and preserved by the city recorder. All such removals shall be recorded by the city recorder in a book kept for that purpose.
(2) It is unlawful for any person to remove the body of a person who has died of a contagious disease within two years from the date of burial, unless such a body has been buried in a hermetically sealed coffin, and is found to be so encased. [Ord. 10-04 Exh. A.]
11.15.080 Cemetery property.
(1) It is unlawful for any person to remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery, except with permission of the city. It is unlawful to remove decorations or other personal property left at the city cemetery by any person other than a Riverton City employee or the rightful owner of said decorations or other personal property. It shall be the sole duty of Riverton City staff to determine when it is appropriate to remove items of personal property from the Riverton City cemetery.
(2) It is unlawful for any person to maliciously injure, deface, break or destroy property, in the cemetery.
(3) No person shall erect or maintain any fence, wall, corner post, coping, hedge or boundary of any kind upon any lot, grave site or lots in the cemetery, nor grade the ground or land thereof.
(4) All markers and monuments shall be placed in the cemetery by a commercially licensed monument company in accordance with the applicable rules and regulations adopted by the city council.
(5) No person, organization or business shall install any marker, monument, or mow strip without permission from the city.
(6) The city council may adopt all other rules and regulations necessary for the operation, maintenance, appearance and protection of the cemetery.
(7) No person shall knowingly or intentionally disrupt a funeral by obstructing a mourner’s entry or exit to or from funeral services, cemetery, or grave site.
(8) No unauthorized person shall enter or remain on city cemetery property after regular business hours as determined by rule of the city council and posted on conspicuous signage located nearby at least one public entryway of the city cemetery.
(9) Violation of the provisions of this section or any rule or regulation adopted by resolution of the Riverton City council shall be a class B misdemeanor. [Ord. 15-01 § 2; Ord. 10-04 Exh. A.]
11.15.090 Reversion of graves.
It is the policy of the city to comply with the provisions of Title 8, Chapter 5, Utah Code Annotated 1953, as amended, regarding the reversion of unused graves. What is herein defined as a grave is referred to in the Utah Code as burial lot. [Ord. 10-04 Exh. A.]
11.15.100 Perpetual care.
Reserved. [Ord. 10-04 Exh. A.]
11.15.110 Perpetual care fund.
Reserved. [Ord. 10-04 Exh. A.]