Chapter 2.32
PUBLIC CEMETERIES
Sections:
2.32.010 Public cemeteries.
2.32.020 Vaults.
2.32.030 Control and management.
2.32.040 Right of burial.
2.32.050 Regulations.
2.32.060 Maintenance and supervision of public cemeteries.
2.32.070 Construction, alteration and improvements by private parties.
2.32.080 Disinterment.
2.32.090 Grave reservations.
2.32.100 Public vaults.
2.32.110 Appeal.
2.32.120 Nighttime hours.
2.32.130 Violation of SMC 2.32.120 – Misdemeanor.
2.32.140 Endowment care.
2.32.010 Public cemeteries.
The following cemeteries are the public cemeteries of the city: Mountain Cemetery and each and every annex thereto; Valley Cemetery and each annex thereto; Veterans Memorial Park Cemetery and each annex thereto. (Ord. 12-2003 § 1, 2003; Ord. 305 § 1.00, 1960).
2.32.020 Vaults.
All public vaults in the public cemeteries of the city shall be deemed to be included in the term "public cemeteries." (Ord. 305 § 1.01, 1960).
2.32.030 Control and management.
The city council shall, subject to the terms of this chapter and other applicable ordinances, exercise control and management of the public cemeteries. (Ord. 372 § 1, 1967; Ord. 305 § 1.02, 1960).
2.32.040 Right of burial.
Any person shall have the right to inter any human remains in the public cemeteries, or hold human remains in any vault therein; provided all applicable rules and regulations, ordinances and laws have been fully complied with. (Ord. 305 § 1.03, 1960).
2.32.050 Regulations.
The city council shall establish rules and regulations, in conformity with this chapter and other applicable ordinances of the city, for the orderly control and conduct of the public cemeteries; provided, that before the rules and regulations and any subsequent amendments thereto become effective, they shall be submitted to the city council for approval; and the city council, in order that the rules and regulations shall be effective, must approve same by resolution.
The rules and regulations referred to above shall include a comprehensive fee schedule covering all charges to be levied in the public cemeteries of any type whatsoever. (Ord. 372 § 1, 1967; Ord. 305 § 1.04, 1960).
2.32.060 Maintenance and supervision of public cemeteries.
The city manager shall be in charge of the maintenance, supervision and upkeep of all city cemeteries. The city manager or his/her designee shall perform all duties necessary to carry out the provisions of this chapter and other applicable ordinances and state law or regulations respecting the conduct of public cemeteries. The duties of the city manager shall be as set forth by resolution. (Ord. 12-2003 § 2, 2003; Ord. 377 § 13, 1967; Ord. 372 § 1, 1967; Ord. 305 § 1.05, 1960).
2.32.070 Construction, alteration and improvements by private parties.
No person, firm or corporation shall commence any new construction, repair, alteration or improvement of or to a vault or plot site, without first requesting a permit therefor and submitting plans and specifications therefor to the city manager for approval by the public works administrator of the city. The approval shall not be given and no permit issued unless the proposed construction, alteration, and/or improvement satisfies all uniform building codes then in effect in the city; and provided further, the permit shall not be issued unless the proposed work of improvement is in substantial conformity with general standards of improvement hereafter adopted for the cemeteries and is compatible with existing or planned cemetery improvements, including landscaping, and with any approved master plan for any cemetery. (Ord. 12-2003 § 3, 2003; Ord. 377 § 13, 1967; Ord. 305 § 1.06, 1960).
2.32.080 Disinterment.
Disinterment shall be deemed to mean any removal of human remains whatsoever, from any public vault or other vault, grave, niche or mausoleum to any other vault, grave, niche or mausoleum or from a city cemetery to any other cemetery, whether or not such cemetery is under the control of the city, or for private possession of cremated remains.
No disinterment whatsoever may be made unless application is made therefor at the office of the city manager at least four working days in advance of the time requested for the disinterment. All disinterments must be approved by the city and shall be performed by or under the supervision of city personnel. Scheduling of disinterments shall be as approved by the city. (Ord. 96-19 § 1, 1996; Ord. 377 § 13, 1967; Ord. 305 § 1.07, 1960).
2.32.090 Grave reservations.
Reservations may be made for interment space in the public cemeteries of the city under the following terms and conditions:
A. Payment of the minimum fee must be made at the time of making application for such reservations;
B. Payment of the full amount must be received within one year following the aforesaid application; in the event the same is not made, the reservation shall be deemed waived, and payments made thereon retained by the city as consideration for the granting of the reservation;
C. The reservation may be cancelled, and in the event such cancellation is made, a refund will be made less such service charge or charges as shall be fixed in the rules and regulations of the city council;
D. When use is made of the reserved interment space during any reservation period as set forth herein, the balance owed on the reserved space shall become immediately due and payable;
E. No reservation shall be in effect for longer than the life of the person, or the last survivor of a group of persons, for whom such reservations are made. When such period has lapsed, the reservation shall be deemed canceled and of no force and effect. (Ord. 12-2003 § 4, 2003; Ord. 377 § 13, 1967; Ord. 372 § 1, 1967; Ord. 305 § 1.08, 1960).
2.32.100 Public vaults.
A. It is unlawful to place in the public vault, or in any private vault of any public cemetery of the city, the body of any person who has died, or is suspected to have died, of a contagious or infectious disease, and all such bodies shall be interred according to applicable laws and regulations of the city, the county of Sonoma, and the state of California.
B. The use of the public vault shall be solely on a temporary basis, under such rules and regulations as are established by the city council. (Ord. 12-2003 § 5, 2003; Ord. 377 § 13, 1967; Ord. 372 § 1, 1967; Ord. 305 § 1.09, 1960).
2.32.110 Appeal.
Any party aggrieved by the action of the city manager or his/her designee, in any matter affecting the cemeteries or use thereof, may appeal in writing from the decision or act complained of within 10 days after the decision has been rendered or the act performed, as follows: the appeal shall be made to the city council which shall set a date for public hearing thereon and render a decision thereon within 60 days after the filing of the appeal. (Ord. 12-2003 § 6, 2003; Ord. 377 § 13, 1967; Ord. 372 § 1, 1967; Ord. 305 § 1.10, 1960).
2.32.120 Nighttime hours.
It is the policy of the city that the Mountain and Valley Cemeteries, and any other cemeteries which may be owned or controlled by the city, shall be generally closed during nighttime hours. For this purpose, the city council may, by resolution adopted from time to time, order the closing of the cemeteries at particular hours and between particular hours, taking into account the season of the year and the times of dusk and dawn, to the end that city cemeteries will be closed during the hours of darkness and for reasonable periods of time immediately before darkness and immediately thereafter. It is the purpose of the city to discourage and, to the extent possible, prevent trespass and vandalism in city cemeteries, and the city council shall consider this purpose in adopting its closing regulations. (Ord. 488 § 1, 1974).
2.32.130 Violation of SMC 2.32.120 – Misdemeanor.
The willful violation of any order promulgated by the city council pursuant to resolution adopted by authority of SMC 2.32.120 shall be a misdemeanor, punishable as provided by law. (Ord. 488 § 2, 1974).
2.32.140 Endowment care.
A. There is hereby created an endowment care fund which shall be administered by the city manager or his/her designee and into which shall be deposited all endowment care income received by the city.
B. The city shall determine the amount to be collected from each purchaser of a cemetery plot for endowment care. Said amount shall be specified and listed in the schedule of fees adopted by the council.
C. The endowment care fund shall be invested and the earned income from such investments may be used for the general care and maintenance of the grounds and buildings.
D. Endowment care is that care and maintenance necessitated by natural growth and ordinary wear which can be provided at reasonable intervals with income from the endowment care fund, and includes the planting, cutting, watering, and care of lawns, trees and shrubs; the cleaning and upkeep of buildings; and the maintenance of utilities, walls, roadways and walks. The city council may also direct and use a portion of the income from such fund for such general care, maintenance, repairs, and section embellishment as its sound discretion shall deem to be for the best interest of the cemetery to the end that the cemetery generally be kept in the best condition possible within the limits of such income. (Ord. 12-2003 § 8, 2003).