Chapter 12.16
DESERT VIEW CEMETERY
Sections:
12.16.030 Preparation and Filing of Mausoleum Map and Map Showing Plots
12.16.040 Supervision of Cemetery
12.16.050 Sale and Purchase of Interment Rights
12.16.060 Rules and Regulations
12.16.010 Purpose
These rules and regulations are designed for the protection of interment rights as a group. Their enforcement will help protect the Desert View Cemetery and create and preserve its beauty. These rules and regulations are hereby adopted as the rules and regulations of the City of Winslow and all owners of interment rights, visitors and contractors performing work within the Desert View Cemetery shall be subject to said rules and regulations, amendments or alterations as shall be adopted by the City of Winslow from time to time. (Ord. 1442 § 1, 2025)
12.16.020 Definitions
A. The term "casket" means a commercially made container in which a body is buried, or equivalent constructed of wood, board, metal or styrofoam.
B. The term "urn" means a container designed to hold cremated human remains, constructed of metal, wood, porcelain, stone, or glass.
C. The term "plot" means the lot or space reserved for the burial of a deceased body at a cemetery.
D. The term "City" means the City of Winslow and its successors and assigns.
E. The term "contractor" shall mean any person, firm or corporation or anyone engaged in placing, erecting or repairing any memorial, or performing any work in the Desert View Cemetery, other than an employee of the City.
F. The term "interment" shall mean entombment or burial of the remains of a deceased person.
G. The term "memorial" shall mean any marker or structure upon or in any plot or niche, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred.
H. The term "Director" shall refer to the City of Winslow Director of Public Works or their designee.
I. The term "owner" shall mean the legal possessor of used or unused rights of interment.
J. The term "Desert View Cemetery" (hereinafter "cemetery") shall mean the area set aside, dedicated and platted for the interment of the human dead.
K. The term "perpetual care" shall mean that all plots for which interment rights are sold or transferred shall have "perpetual" care as herein defined, free of further cost to the purchaser after payment of the original purchase price.
L. The term "resident" shall mean:
1. Resident: The purchaser/deceased currently having lived within the City limits of Winslow preceding date of purchase.
2. Nonresident: A purchaser/deceased who does not meet the definition of "resident." (Ord. 1442 § 1, 2025)
12.16.030 Preparation and Filing of Mausoleum Map and Map Showing Plots
There shall be prepared a map of the mausoleum, delineating the sections with descriptive names or numbers, which shall be kept on file in the office of the Director at all times. There shall, in addition, be prepared a map of the cemetery, showing the plots contained therein and a numerical list identifying the plots contained within the cemetery, which shall be kept on file in the office of the Director at all times. (Ord. 1442 § 1, 2025)
12.16.040 Supervision of Cemetery
A. The Director shall direct all of the improvements within the grounds and upon all plots and graves before, as well as after, interments have been made. The Director shall have charge of the plantings, sodding, survey and improvements.
B. The City reserves the right to compel all persons coming into the cemetery to obey all rules and regulations adopted by the City by resolution.
C. The City reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the transfer or conveyance and substituting in lieu thereof other interment rights of equal and similar location as far as possible.
D. Public vehicles shall drive on designated cemetery streets only.
E. The right to enlarge, reduce, replat or change boundaries or grading of the cemetery or of a section or sections from time to time, including the right to modify or change the locations of, or any part thereof, or remove or regrade roads, drives and walks, is hereby expressly reserved.
F. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage, and other similar items is expressly reserved, as well as is the right to use the cemetery property, not sold to individual owners, for City purposes, including the interring, preparing for interment, or for anything necessary, incidental or convenient thereto. The City reserves to itself a perpetual right of ingress and egress over plots for the purpose of passage to and from plots. (Ord. 1442 § 1, 2025)
12.16.050 Sale and Purchase of Interment Rights
A. The sale or transfer of any interment right by any owner or purchaser shall not be binding upon the City unless the same shall first be duly approved in writing by the properly authorized officer or other designated agent of the City, and then such interment right must be reconveyed to the City; the City shall thereupon issue a conveyance to the new owner. The same rule shall apply in all cases of assignment or purchase of contracts for interment rights. This procedure is required in order that the City may at all times have a complete and accurate record of all owners.
B. Any and all transfers of any interment right, whether the same be by conveyance or assignment of purchase contract, are subject to all rules and regulations of the cemetery which are now in full force and effect or which hereafter may be enacted. The City may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the City from the owner as recorded in the records of the City office.
C. The subdivision of interment rights is not allowed without the prior written consent of the City and no one shall be buried in any plot not having an interest therein, except by written consent of all parties interested in such plot and of the City.
D. All interment rights are sold subject to receipt of payment as prescribed by City Ordinance No. 637. In cases of interment, full payment shall be received for interment rights and opening and closing of the grave site. All other fees relating to the cemetery are prescribed in said ordinance.
E. Interment rights can be purchased at City Hall. This provision applies to all sales, whether made directly by the City or made by owners. No interment rights or contracts for the purchase of interment rights can be sold, assigned, transferred, pledged, or hypothecated without the written approval of the City or such agent as the officers may designate.
F. All agreements for the purchase of cemetery interment rights must be on forms approved and signed by the City. All terms and conditions for the purchase of interment rights must be recited in the purchase contract; verbal agreements or representations will not be recognized. All said agreements must provide for payment as posted in the City office for the area of the plot.
G. The City may exchange interment rights when desired by owners. When such an exchange is made, the original conveyance must be surrendered by proper assignment, or by reconveyance, before any change is effected.
H. Interment rights shall be used for no other purpose than the burial of the human remains. Any personal items to be interred with the deceased must be placed within the casket prior to entering the cemetery grounds. Caskets are to remain closed after entering the cemetery grounds. (Ord. 1442 § 1, 2025)
12.16.060 Rules and Regulations
A. General Regulations.
1. Only one (1) flat headstone and one (1) flower holder will be allowed on each grave.
a. For burials in the sections listed below, one (1) headstone, flat or standing, and one (1) flower holder are the only permanent items that will be allowed on each grave.
i. Sections A, B, C, D, E, F, G, H, J, K, L, N, O, P, A-City, American Legion, Old B, Old C, Babyland, Catholics, Elks, Eastern Stars, Knight of Columbus, Masons, Oddfellows, and Unplotted.
b. If any memorial, or any structure whatsoever, or any inscription to be placed on the same, shall be determined by the Director to be in noncompliance with established rules and regulations of the cemetery, the Director shall have the right to enter upon such plot and remove, change or correct the object or objects found to be in noncompliance, offensive or improper. If any memorial or structure has been determined to be in noncompliance or offensive and removed by the Director, the owner shall be notified at their last known address to claim said memorial, which shall be retained for ninety (90) days and then disposed of.
2. No boxes, toys, shells, discarded glassware, sprinkling cans, receptacles or similar articles will be permitted on any grave, plot or tree.
3. No wooden or cast-iron bench or chair, or any wooden or wire trellis shall be permitted to be in or brought upon the grounds except as authorized by the City for funeral services.
4. No brick, fences, rocks, glass, or concrete (besides headstone setting) are permitted.
5. Flowers, whether cut, plastic or silk, must be placed in an approved flower receptacle with the exception of funeral arrangements. The approved flower receptacle is the flower holder in the cement collar surrounding the headstone. Management reserves the right to remove any and/or all decorations when deemed necessary for proper maintenance of the cemetery. Flowers associated with the funeral may be removed three (3) days after the interment service. The City reserves the right to remove at any time decorations which, in judgment of the employees, are determined unsightly or weathered. No glass or tin holders shall be permitted nor statues of any kind.
6. The City is not responsible for the loss or damage to anything placed on graves or plots.
7. No planting shall be allowed on graves nor any part of a plot unless authorized by the Director. If any tree, shrub or plant standing upon any plot, by reason of its roots, branches, or otherwise, shall be or become detrimental to adjacent plots or avenues, or if for any other reason its removal shall be necessary, the Director shall have the right to remove such tree, shrub or plant, or any part thereof, or otherwise correct the conditions.
8. No person, unless authorized by the Director, shall pluck or remove any plant or flower, either wild or cultivated, from any part of the cemetery.
9. All graves or plots will be cleaned off prior to cemetery maintenance. The City of Winslow and their agents are not responsible for any damages at the grave site or headstones.
10. No pets shall be permitted in the cemetery.
11. Consumption of food or intoxicating liquors within the cemetery is prohibited.
12. Disinterments will only be performed when required by order of a court or a county medical examiner, or a person performing the duties of a county medical examiner.
13. No person shall be permitted to enter or leave the cemetery except by the public gates.
14. No person will be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the cemetery.
15. All persons are forbidden to break or injure any tree or shrub; or mark any landmark, marker or memorial; or in any way deface the grounds of the cemetery.
16. No money shall be paid to the City employees at the entrance or on the grounds.
17. No planting shall be allowed on graves nor any other part of a plot.
18. The City may, and it hereby expressly reserves the right upon recommendation of the Director, at any time or times, to adopt new rules and regulations, or to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these regulations.
19. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The Director, therefore, reserves the right, without notice, to make exceptions, suspensions, or modifications in any of these regulations when, in their judgment, the same appear advisable.
B. Funeral Regulations.
1. Burial arrangements should be made forty-eight (48) hours before the service date. "Arrangements" includes choice of interment site by family members, payment in full of all fees by four p.m. the business day prior to the interment, and completion of necessary forms and authorizations.
2. Graveside services shall not extend beyond one (1) hour. Any time in excess of the hour limit will be subject to an overtime fee as designated in the schedule of rates, fees, and charges.
3. Weekend or holiday burials will be subject to a weekend/holiday fee as designated in the schedule of rates, fees, and charges.
4. All burials will be conducted by the cemetery crew.
5. After entering the gates, funerals shall be subject to the direction of the authorized employees of the City.
6. The City shall designate sites for interment available for purchase.
7. No plot may contain more than three (3) urns of cremated remains. The plot will be divided into three (3) sections designated as head, torso, and foot. One (1) urn or companion urn may be buried in each section. Casket burials will not be allowed if an urn burial has already taken place.
8. The burial of two (2) bodies in one (1) grave will not be permitted except where one occupies a horizontal space less than three (3) feet in length. In the event two (2) bodies occupy the plot, only two (2) urns of cremated remains may be buried in the remaining two (2) sections.
9. The maximum width of a flat monument allowed for a single standard size grave will be forty-eight (48) inches including the base; the maximum for a flat double monument (two (2) graves) will be ninety-six (96) inches including the base.
10. All standard grave sites will be five (5) feet by nine (9) feet.
11. The closing of the grave for casket burials will take place only after all persons attending the funeral have left the cemetery or are at least one hundred (100) feet away from the grave site.
12. In every interment, an outer container shall be used such as a concrete or fiberglass box or vault, or some type of liner made of stone, brick, or concrete. In the case of cremains, an outer container shall not be required so long as the cremains are placed and interred in a sealed, nonbiodegradable urn.
13. The minimum acceptable container for burial of the remains of a deceased person shall be a casket or urn as defined in Section 12.16.020. (Ord. 1442 § 1, 2025)