Chapter 11
CEMETERIES1

Art. I.    General, §§ 11-111-15

Art. II.    Interment and Disinterment, §§ 11-1611-20

Art. III.    Memorials, §§ 11-2111-24

Art. IV.    Maintenance and Care, §§ 11-2511-27

Art. V.    Fiscal Matters, §§ 11-2811-30

ARTICLE I. GENERAL

Sec.  11-1. Title; applicability.

(a) This chapter shall be known as the Cemetery Code.

(b) The provisions of this article shall apply to the entirety of this chapter, unless stated otherwise. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-2. Legal authority; conflict; purpose; scope.

(a) The city has the powers set forth in Idaho Code, Section 50-320, as may be amended from time to time, regarding the cemetery. Idaho Code, Title 27, Chapter 3, as may be amended from time to time, governs the rights and title to cemetery lots. Idaho Code, Title 27, Chapter 4, as may be amended from time to time, governs the perpetual care of the cemetery. Idaho Code, Title 27, Chapter 5, as may be amended from time to time, governs the protection of graves in the cemetery.

(b) In the event of a conflict between a provision in this chapter and Idaho Code, Idaho Code shall govern.

(c) The purpose of this chapter is to ensure the orderly and efficient management, oversight, maintenance, and care of the cemetery.

(d) This chapter establishes policies, standards, requirements, and procedures applicable to the cemetery. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-3. Definitions.

For purposes of this chapter, the following terms shall have the meanings set forth below:

Cemetery means the city of Lewiston Normal Hill Cemetery and Arboretum.

Cemetery office means the city of Lewiston Normal Hill Cemetery and Arboretum office located at 1122 7th Street in Lewiston, Idaho.

Certificate means a certificate to inter in the cemetery, pursuant to Idaho Code, Section 50-320.C., as may be amended from time to time.

City means the city of Lewiston, Idaho.

City council means the Lewiston City Council.

Crypt means a vault or chamber in the cemetery that is used for keeping remains.

Department means the city of Lewiston parks and recreation department.

Director means the city of Lewiston parks and recreation director or designee.

Disinter means to remove remains that were interred in the cemetery.

Grave means a single space of ground in the cemetery that is used, or intended for use as, a place for burial.

Gravestone means a stone or marker with an inscription placed or installed near a grave.

Headstone means a gravestone located at the head of a grave.

Inter means to place, deposit, or entomb remains in a crypt, grave, lot, mausoleum, niche, or tomb that is located in the cemetery.

Lot means an area of eight (8) to ten (10) graves, into which a division is sectioned, located in the cemetery.

Marker means any object permanently placed on or affixed to a crypt, grave, lot, mausoleum, niche, or tomb that is located in the cemetery.

Mausoleum means a permanent, above-ground building in the cemetery that is designed for entombment.

Memorial means any object permanently placed on or affixed to a crypt, grave, lot, mausoleum, niche, or tomb to preserve the memory of a person. Types of memorials include, but are not limited to, gravestones, headstones, markers, and monuments.

Monument means a stone, object, building, or structure intended or used to preserve the memory of a person.

Niche means a recess in a wall or mausoleum in the cemetery used for the placement of remains.

Proprietor means the current or last known holder of a certificate who possesses a right in fee simple in the area of the cemetery that is described on the certificate for the sole purpose of interment, in accordance with Idaho Code, Section 50-320.C., as may be amended from time to time.

Remains means the body of a deceased person, in whole or in part, regardless of its form or condition. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-4. Rules and regulations, generally.

(a) The director shall be authorized to adopt, publish, and amend rules and regulations as he or she determines reasonably necessary to regulate, protect, and govern the cemetery; all crypts, graves, lots, mausoleums, niches, tombs, and vaults located in the cemetery; visitors of the cemetery; and trespassers in the cemetery. Such rules and regulations shall become effective upon posting on the city’s website.

(b) No person shall violate any such rule or regulation. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-5. Fees.

Fees for certificates, interments, disinterments, certificate transfers, monument site staking, and any other cemetery service shall be set by resolution of the city council. Such fees shall be paid, in full, to the department prior to issuance of a certificate or certificate transfer and prior to any cemetery service being provided. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-6. Cemetery records.

Records related to the cemetery shall be maintained in accordance with the city’s records retention schedule. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-7. Change of address.

A proprietor shall notify the department, in writing, of a change to his or her mailing address within ninety (90) calendar days of such address change. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-8. Hours of operation.

Except when otherwise ordered by the director, the cemetery shall be open to the public every day of the year between the hours of 6:00 a.m. and 11:59 p.m. All persons shall be prohibited from entering the cemetery or remaining in the cemetery at all other times, unless they have prior authorization from the director. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-9. Damage to cemetery prohibited.

No person shall remove, relocate, break, deface, destroy, or otherwise injure any marker, memorial, tree, shrub, plant, vase, railing, gate, or other object, property, structure, article, or thing belonging to, placed, or erected on or in the cemetery or crypt, grave, lot, mausoleum, niche, tomb, or vault located in the cemetery. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-10. Violation; penalty.

Unless otherwise provided by law, a violation of this chapter shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the Nez Perce County jail for not more than six (6) months, or both. Each day that a violation of a provision in this chapter occurs shall constitute a separate offense. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-11. Severability.

If any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this chapter that can be given effect without the invalid provision. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-12 – 11-15. Reserved.

ARTICLE II. INTERMENT AND DISINTERMENT

Sec.  11-16. Licenses, permits, and authorizations required.

A mortician, undertaker, or funeral director, or the decedent’s heirs, representatives, or agents, shall apply for and obtain all required licenses, permits, and authorizations for interments, disinterments, and other cemetery services prior to such services being provided. The city shall not be responsible for obtaining any such required license, permit, or authorization, or for confirming the identity of the person being interred. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-17. Certificate required for interment; transfer of certificate.

(a) No person shall inter remains in the cemetery without first obtaining a certificate from the department and paying a fee, as set by resolution of the city council. A certificate shall include the information required by Idaho Code, Section 50-320.C, as may be amended from time to time. The mayor shall be authorized to sign, and the city clerk shall be authorized to countersign, certificates without prior approval from the city council.

(b) No person shall transfer a certificate without first furnishing a quitclaim deed evidencing such transfer to the department and paying a transfer fee, as set by resolution of the city council. Upon approval of a transfer, a certificate bearing the transferee’s name as the proprietor shall be reissued. A proprietor may assign burials for deceased other than themselves without the requirement of the certificate being reissued. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-18. Notice required.

(a) At least two (2) business days’ notice shall be given to the cemetery office prior to an interment in the cemetery. An interment shall be made at the time and in the manner determined by the department.

(b) At least five (5) business days’ notice shall be given to the cemetery office prior to a disinterment in the cemetery. A disinterment shall be made at the time and in the manner determined by the department. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-19. Interment and disinterment, generally.

(a) No person, other than a city employee, contractor, or agent who is working within the scope of his or her authorized duties, shall inter, disinter, or transfer any remains within the cemetery without the prior, express, written consent of the director.

(b) No person shall divide any crypt, grave, lot, mausoleum, niche, tomb, or vault into smaller portions, and no person shall use any crypt, grave, lot, mausoleum, niche, tomb, vault, or other burial space for any purpose other than the disposition of remains.

(c) Interments of remains in the cemetery shall be limited to the proprietor and to the proprietor’s spouse, children, authorized heirs, and those authorized, in writing, by the proprietor.

(d) Unless otherwise provided herein, all remains interred in the cemetery shall be enclosed in a: (1) concrete, plastic, or metal vault; or (2) reinforced concrete box or liner. The city shall not be liable for any damage to an interment container during an authorized interment or disinterment.

(e) All remains interred in the mausoleum shall first be thoroughly embalmed by a licensed mortician or embalmer.

(f) Only one (1) body or the remains of one (1) body shall be interred in a single grave, unless: (1) such grave was purchased with a written agreement from the city that more than one (1) body or the remains of more than one (1) body may be interred in such grave; or (2) the director’s prior, express, written consent is obtained.

(g) Up to four (4) inurnments shall be allowed in a standard adult grave. Up to two (2) inurnments shall be allowed in a single cremation grave.

(h) In the event of an error involving the interment of remains in the cemetery, the city reserves the right to disinter and reinter such remains in any other available crypt, grave, lot, mausoleum, niche, tomb, or vault, as applicable, of equal or greater value and similar location. The city also reserves the right to correct any errors made on an inscription or memorial. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-20. Sprinkling of ashes prohibited.

The sprinkling of ashes in the cemetery shall be prohibited. (Ord. No. 4734, § 2, 5-13-19)

ARTICLE III. MEMORIALS

Sec.  11-21. Rules and regulations for memorials.

(a) The director shall be authorized to adopt, publish, and amend rules and regulations governing the inclosing, adorning, and erecting of memorials in the cemetery. Such rules and regulations shall become effective upon posting on the city’s website.

(b) No person shall violate any such rule or regulation. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-22. Approval required; fee.

(a) No person shall erect, build, place, or affix a memorial in the cemetery without first obtaining approval from the department and paying a fee, as set by resolution of the city council. A person requesting approval from the department to erect, build, place, or affix a memorial in the cemetery shall provide, at a minimum, the following information to the department:

(1) Location of the proposed memorial; and

(2) Name of the person whose grave will be marked by the memorial, if applicable.

(b) Upon approval and receipt of the required fee, the department shall stake the site of the proposed memorial, if applicable. The department shall not be responsible for installation of the memorial; provided, however, that the memorial shall be installed at the time and in the manner approved by the department. The city shall have no liability to any person related to the installation of a memorial beyond staking the site of the proposed memorial, if applicable. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-23. Maintenance and care.

Maintenance and care of a memorial in the cemetery shall be the responsibility of the owner(s) of such memorial. The city is not the owner of memorials in the cemetery. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-24. Correction or removal by director.

In the event a memorial becomes hazardous to visitors, as determined by the director, the director shall have the right to either have the condition corrected or the memorial removed at the expense of the owner of such memorial. (Ord. No. 4734, § 2, 5-13-19)

ARTICLE IV. MAINTENANCE AND CARE

Sec.  11-25. Subdivided.

The cemetery shall be subdivided into sections, blocks, lots, rows, niches, or other subdivisions as may be necessary to accurately describe, number, and record the sale, issuance, conveyance, assignment, or transfer of certificates. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-26. Cemetery grounds and streets.

The department shall be responsible for maintaining and caring for cemetery grounds and streets and paying the costs thereof; provided, however, that the department shall not be responsible for maintaining or caring for memorials, as set forth in section 11-23 of this code, or for maintaining or caring for plantings, as set forth in section 11-27 of this code. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-27. Planting and removal of plants, shrubs, and trees.

(a) No person shall plant any shrub, tree, or plant within the cemetery without first obtaining the director’s approval. An application for planting shall be made, in writing, upon a form furnished by the department.

(b) Maintenance and care of plantings in the cemetery shall be the responsibility of the proprietor or owner(s) of such plantings. The director shall have the authority to prune, remove, or transplant any plant, shrub, or tree within the cemetery when he or she considers such action to be in the best interests of the cemetery.

(c) The department shall not be responsible for watering cans, flower holders, garden utensils, or other property left, lost, or placed on graves. (Ord. No. 4734, § 2, 5-13-19)

ARTICLE V. FISCAL MATTERS

Sec.  11-28. Perpetual care fund – Created; management; disposition of income.

There is hereby created a fund to be known as the perpetual care fund. Such fund shall be so invested by the city treasurer at the discretion of the city council so as to produce maximum income commensurate with safety. The income from such fund shall be used to care for and maintain the cemetery. The principal of such fund shall not be used for any purpose other than providing an income for the purposes specified herein. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-29. Cemetery fund – Created.

There is hereby created a fund to be known as the cemetery fund. (Ord. No. 4734, § 2, 5-13-19)

Sec.  11-30. Deposits and transfers.

The city treasurer is hereby authorized and directed to cause to be deposited in the cemetery fund all fees, monies, gifts, and sums received by the city from the sale of graves and from opening and closing charges for graves and crypts, or from such sums as may be budgeted by the city council, and such funds from the interest or return on investment of the perpetual care fund as are authorized by the city council to be transferred to the cemetery fund as permitted by Idaho law. (Ord. No. 4734, § 2, 5-13-19)

 


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Editor’s note – Ord. No. 4734, § 1, adopted May 13, 2019, repealed former Ch. 11, relative to cemeteries, which derived from the 1960 Code, §§ 23-10, 23-14.2, 23-15, 23-20 – 23-22, 23-26 – 23-36, 23-38 – 23-41; Ord. No. 2553, § 1; Ord. No. 2751, § 1, 1-8-67; Ord. No. 3057, §§ 1, 4 – 11, 13 – 16, 12-13-71; Ord. No. 3076, §§ 1, 4, 4-10-72; Ord. No. 3118, §§ 4, 6 – 8, 11-13-72; Ord. No. 3264, §§ 1 – 4, 3-31-75; Ord. No. 3743, § 2, 5-7-84; Ord. No. 3956, §§ 1, 6, 7, 10, 10-30-89; Ord. No. 3966, § 3, 7-23-90; Ord. No. 4015, §§ 2, 3, 5 – 10, 9-23-91; Ord. No. 4245, §§ 3, 6, 8-23-99; Ord. No. 4294, § 3, 8-27-01 and Ord. No. 4448, § 2, 8-28-06.