Chapter 6.135
CEMETERY OPERATION AND MAINTENANCE
Sections:
6.135.010 Designation as city cemetery.
6.135.050 Establishment of rules and regulations.
6.135.010 Designation as city cemetery.
The tract of land known as the Kilgore Cemetery, located on Kilgore Road in the city of Rancho Cordova, is hereby designated the city cemetery of the city of Rancho Cordova, and shall be known as Kilgore Cemetery. [Ord. 9-2007 § 1].
6.135.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings given them in this section unless the context clearly requires otherwise:
“Cemetery manager” means the city manager, or his or her designee.
“City” means the city of Rancho Cordova.
“City cemetery” means the Kilgore Cemetery of the city of Rancho Cordova designated in RCMC 6.135.010.
“Family member,” as used in RCMC 6.135.030, shall mean a resident’s or taxpayer’s spouse, registered domestic partner, child, parent, grandchild, grandparent, or sibling.
“Inter” or “interment” means the placement of a deceased’s remains or cremated remains in the ground or in an aboveground niche.
“Interment rights” or “rights” means the right to use or control the use of a plot, niche or other space for the interment of human remains.
“Nonresident,” as used in RCMC 6.135.030, shall mean a person who is neither a resident nor a taxpayer of the city. An “eligible nonresident” is a person who does not reside in the city of Rancho Cordova, but is a family member of a resident, taxpayer, or a person already interred in Kilgore Cemetery.
“Person” means a natural person.
“Resident,” as used in RCMC 6.135.030, shall mean a person who currently resides within the city of Rancho Cordova and has resided within the city for no less than six months immediately preceding the person’s death or purchase of interment rights in the Kilgore Cemetery.
“Taxpayer,” as used in RCMC 6.135.030, is a person who pays taxes on property located within the limits of the city of Rancho Cordova. [Ord. 9-2007 § 1].
6.135.030 Interments.
A. The city shall inter eligible residents and nonresidents in the ground or aboveground columbaria, subject to availability and the city’s readiness to provide such interments.
B. No person or entity shall be permitted to excavate or make interments in the Kilgore Cemetery other than the city of Rancho Cordova or its designee.
C. Interments in Kilgore Cemetery shall be limited to:
1. Persons who are residents of the city of Rancho Cordova;
2. Persons who are former residents of the city of Rancho Cordova who acquired interment rights while they were residents of the city;
3. Persons who pay taxes on property located in the city;
4. Persons who formerly paid property taxes on property located in the city and who acquired interment rights while they paid those property taxes;
5. Persons who are family members of any person described in subsections (C)(1) through (C)(4) of this section; and
6. Eligible nonresidents.
D. Interment rights are presumed to be the sole property of the purchaser. The purchaser may designate, in a signed writing deposited with the cemetery manager, any other person qualified as owners of these rights. Interment rights are not transferable except to persons identified in subsection (C) of this section. If the owner of interment rights dies without designating a successive owner, the rights shall transfer as defined as follows, in the following order of priority:
1. To the spouse, or registered domestic partner, if any, at the time of the owner’s death.
2. To the sole surviving competent adult child of the owner, or if there is more than one competent adult child of the owner, the majority of the surviving competent adult children. However, less than the majority of the surviving competent children shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all surviving competent adult children of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult children.
3. To the sole surviving competent parent or parents of the owner. If one surviving competent parent is absent, the remaining competent parent shall be vested with the rights and duties of this section after reasonable efforts have been unsuccessful in locating the absent surviving competent parent.
4. To the sole surviving competent adult sibling of the owner, or if there is more than one surviving competent adult sibling, then to the majority of competent adult siblings. However, less than the majority of competent adult siblings of the owner shall be vested with the rights and duties of this section if they have used reasonable efforts to notify all other surviving competent adult siblings of their instructions and are not aware of any opposition to those instructions by the majority of all surviving competent adult siblings.
5. In the event no person is qualified as stated above, interment rights shall be considered abandoned and all rights shall revert to the city.
6. For the purpose of this section, the following terms have the following meanings:
a. “Adult” means an individual who has attained 18 years of age.
b. “Child” means a natural or adopted child of the owner.
c. “Competent” means an individual who has never been declared incompetent by a court of law, regardless of whether that individual has received any subsequent declarations of competency.
E. Fees.
1. A fee shall be charged for each interment right in the Kilgore Cemetery. The city manager shall establish a schedule of fees for interments in Kilgore Cemetery and for other necessary and convenient services. This fee may be adjusted from time to time.
2. The city manager shall also adopt a schedule of fees for nonresidents. The city manager shall set these fees at an amount that at least equals the amount of fees charged to residents or taxpayers, and shall include a nonresident fee of at least 15 percent of that amount. These fees may be adjusted from time to time.
3. An opening and closing fee shall be charged for each interment made in the Kilgore Cemetery. The amount of the opening and closing fee shall be established by the city manager and may be adjusted from time to time.
4. The city shall set all monuments and markers, and shall cause a fee therefor. The city manager shall adopt a schedule of fees for setting markers and monuments; said fees may be adjusted from time to time.
F. All below-ground interments shall be made in vaults. The cemetery manager shall establish the minimum performance specification of vaults.
G. The cemetery manager shall keep a register of name, age, birthplace, date of death, and burial of every body interred in the Kilgore Cemetery. The register shall be open to public inspection.
H. The cemetery manager shall keep a register of the name and address of each person who purchases interment rights in the Kilgore Cemetery, along with the purchaser’s designation of the person entitled to be interred therein, or the person who shall control the right of interment therein. Only the names contained on this register shall be open to the public; addresses and other private information shall be kept private. [Ord. 9-2007 § 1].
6.135.040 Endowment care.
A. An endowment care fund for Kilgore Cemetery is hereby established for the sole purpose of generating income for the future maintenance and care of Kilgore Cemetery. The investment of endowment care funds shall comply with applicable provisions of the California Government Code and California Health and Safety Code.
B. The amounts of endowment care contributions shall be established by the city manager, at amounts no less than those specified in Section 8738 of the Health and Safety Code, and may be adjusted from time to time.
C. The entire endowment care amount shall be paid by the purchaser no later than the completion of the sale of each interment right.
D. The endowment care fund shall be kept separate and apart from all other cemetery funds. Separate records and books shall be kept of the endowment care fund by the cemetery manager or their designee. The amount to be deposited in the endowment care fund shall be separately shown on the original purchase agreement and a copy delivered to the purchaser.
E. Only the interest generated by the endowment care fund may be used for the care and maintenance of the cemetery or reimbursement of other funds used for care and maintenance of the cemetery; no part of the endowment care principal may be used for any purpose. [Ord. 9-2007 § 1].
6.135.050 Establishment of rules and regulations.
The cemetery manager shall prepare and enforce rules and regulations for the proper use and maintenance of the city cemetery including but not limited to hours of use, planting or removal of vegetation, noise, loitering on the grounds, deposition of rubbish, lawn clippings or other materials on the city cemetery grounds, operation of motorized vehicles within the city cemetery, organized event use and removal of vehicles or persons. Rules and regulations shall be made available at City Hall for public access and review. At the discretion of the cemetery manager, a sign or signs listing some or all of the rules and regulations may be posted at the city cemetery. [Ord. 9-2007 § 1].
6.135.060 Maintenance.
A. The cemetery manager is authorized to clear weeds, debris, old flowers or floral pieces, or other items from any privately owned plot or niche on the grounds of the Kilgore Cemetery that, in the cemetery manager’s opinion, is not being maintained or otherwise properly cleared. In addition, the cemetery manager is authorized to abate safety concerns by repairing or removing monuments, tombstones, retaining walls and other structures that, in the cemetery manager’s opinion, are not being maintained or have been abandoned.
B. The city manager shall also be authorized to enter into a contract or contract(s) for the maintenance of the cemetery, or any part of it, in accordance with applicable city rules and policies regarding contracting.
C. The opening or closing of an interment site or the placement of any marker, bench, or other ornament or device shall be made by a city staff member or city contractor excepting natural vegetation, artificial vegetation or flags which shall be placed within the vase provided on the interment site of their family member. [Ord. 9-2007 § 1].