Chapter 2.45


2.45.010    Cemetery committee – Appointment.

2.45.020    Cemetery committee – Compensation.

2.45.030    Rules, regulations to be adopted by resolution.

2.45.040    Rates for city services.

2.45.050    Purchase/sales of lots.

2.45.060    Reserved.

2.45.070    Perpetual infrastructure care fund.

2.45.080    General supervision of the cemetery.

2.45.090    Management.

2.45.100    Flowers and shrubs.

2.45.110    Monuments and markers.

2.45.120    Cremains section.

2.45.010 Cemetery committee – Appointment.

Subject to the order of the city of Burns common council, the city manager shall have the supervision and control of the Burns cemetery. There shall, however, be a cemetery committee, which shall make its recommendations to the city of Burns common council. The cemetery committee shall consist of 10 members to be appointed annually by the mayor. One member from the city of Burns common council shall be chairperson; one shall be a designee of the Catholic Church; one shall be designee of Harney Lodge No. 77 Independent Order of Odd Fellows and/or Sylvia Rebecca Lodge No. 43; one shall be a designee of Burns Lodge No. 97 Ancient, Free and Accepted Masons; one shall be a member of the clergy; one shall be from the city of Hines; one shall be from Harney County; two members shall be appointed from the general public and one member shall be a local funeral practitioner. This committee is subject to the open meeting laws and must report to the city of Burns common council. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 1, 2000]

2.45.020 Cemetery committee – Compensation.

The members of the cemetery committee above described shall receive no compensation for the performance of their services. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 2, 2000]

2.45.030 Rules, regulations to be adopted by resolution.

Except as provided in this chapter, the rules, regulations and policies relating to the use of the cemetery shall be adopted by the city of Burns common council. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 3, 2000]

2.45.040 Rates for city services.

All charges imposed by the city for opening and closing shall be set by resolution adopted by the city of Burns common council and shall be reviewed annually and revised as deemed necessary. All charges for property and services imposed by the city shall be paid before burial. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 10, 2000. Formerly 2.45.100]

2.45.050 Purchase/sales of lots.

(1) Any person desiring to purchase a lot(s) shall pay to the city an amount as established by the city of Burns common council by resolution. Said person purchasing a lot(s) in the cemetery is hereinafter referred to as “owner.” The city shall complete the deed including a perpetual infrastructure care agreement with the correct description of the lot(s) selected by the owner, with the exception of Harney Lodge No. 77 Independent Order of Odd Fellows and/or Sylvia Rebecca Lodge No. 43 who shall contract for and pay for only a perpetual infrastructure care agreement.

(2) No lot(s) will be used for any purpose other than burial of human remains.

(3) It shall be the duty of the owner to notify the city of any change in his/her postal address. Notice sent first class mail, return receipt requested, to an owner at the last address on file with the city shall be considered sufficient and proper legal notification.

(4) Cemetery lots for burial in the city of Burns cemetery, exclusive of sections owned by entities other than the city of Burns, shall be sold by the city for an amount established by resolution of the city of Burns common council.

(5) If a purchaser of a lot(s) is unable to make full payment the city may arrange for payments for the same. An interest rate will be established in accordance with allowable limits of the state of Oregon. In such case, the owner will sign and receive a copy of the purchase contract for the cost of the lot(s) and the perpetual infrastructure care agreement. Placement of monuments is not allowed until final payment is made for the lot(s). Upon final payment, a deed for the lot(s) will be issued to the owner.

(6) Free and Accepted Masons are exempt from this section. [Ord. 16-839 § 2, 2016; Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 4, 2000. Formerly 2.45.040]

2.45.060 Reserved.

[Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 5, 2000. Formerly 2.45.050]

2.45.070 Perpetual infrastructure care fund.

(1) There is hereby established by this chapter a perpetual infrastructure care fund. Said perpetual infrastructure care is funded through a fee as established by resolution of the Burns common council. All proceeds of the fund shall be used for the purposes hereinafter set out and disbursed in the manner hereinafter designated.

(2) The city hereby obligates and binds itself to keep all money of the perpetual infrastructure care fund, to properly invest the same in accordance with rules and regulations governing the investment of public funds by the city, to expend the fund for the care and maintenance of the perpetual infrastructure of the cemetery. The perpetual infrastructure care fund shall not be used for contract payments or other operational aspects of the cemetery including beautification projects. The perpetual infrastructure care fund shall remain as an identified and preserved fund for use in funding infrastructure projects’ care and maintenance of the Burns cemetery in accordance with budgetary process of the city of Burns.

(3) All perpetual infrastructure care agreements are sold subject to the rules and regulations of the city now in force or which may hereafter be adopted.

(4) All arrangements for the purchase of any perpetual infrastructure care agreement of any grave lot(s) will be made by the prospective purchaser through the office of the city manager or designated representatives; no other city official whomsoever will be authorized to enter into any agreement, arrangement or negotiation for the sale of any perpetual infrastructure care agreement for any grave lot or lots.

(5) Perpetual infrastructure care agreements are transferable. However, these agreements are attached to the land and not the lot owner. Perpetual infrastructure care agreements do not provide for maintenance or repair of monuments or grave markers.

(6) Fifteen percent of the perpetual infrastructure care fee shall be placed in the perpetual infrastructure care fund. All owners of lot(s) including those exempted in BMC 2.45.050 are hereby required to purchase a perpetual infrastructure care agreement. Said owner will sign and receive a copy of said agreement upon the purchase of the lot(s). [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 6, 2000. Formerly 2.45.060]

2.45.080 General supervision of the cemetery.

(1) All work in the cemetery will be conducted under the direction of the city.

(2) No enclosure of any nature, such as fences, copings, hedges or ditches, shall be allowed around any burial lot(s).

(3) Grave mounds will not be allowed. No lot(s) shall be raised above the established grade. Gravesites will receive the same general care as other parts of the cemetery.

(4) All standard burial hereafter made within the Burns cemetery shall use outer burials containers and must be constructed in either steel, ABS, or concrete grave liners. Any burials in any other manner than provided for herein are prohibited. Excavations for burial shall be to a minimum depth of 60 inches.

(5) The city shall take reasonable precautions to protect the property rights of the grave site owners within the cemetery from loss or damage. The city will not be liable and it distinctly disclaims all liability for loss or damages caused by the elements, acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.

(6) No person shall disturb the dignity, peace and quiet of the cemetery by the use of excessive noise or boisterous and unruly conduct within the limits of the cemetery.

(7) Each full gravesite may be used for one full burial and one cremation; or two cremations. Two full burials are not allowed. One flat secondary marker with no vases or other ornaments and flush may be located on a grave lot located 12 inches below the primary marker. A portion of the cemetery is reserved for baby graves one-half the size of standard graves and a cremation section providing for one burial in each two-by-two-foot section.

(8) A disinterment permit is to be procured from the State Board of Health. No disinterment shall be performed except by the city or its designee, agent or contractor without written approval of the city, and upon the written consent of the person having legal authority to control disposition of the remains per ORS 97.130, or authorization of a public officer or official having authority to permit or order such disinterment. The city shall use reasonable care in making a removal, but it shall have no responsibility or liability whatever for damage to any casket, vault or burial case or urn incurred in making such a disinterment.

(9) No interments, disinterments or removals shall be permitted on Sundays or observed holidays. Recognized cemetery holidays shall include New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas.

(10) Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The city therefore reserves the right, without notice, to make exceptions, suspensions, or modifications in any of these rules and such temporary exceptions, suspension or modification shall in no way be construed as affecting the general application of such rule, or impose liability on city therefor. Additional fees may be levied for exceptions, modifications or suspensions of rules.

(11) The city may and hereby expressly reserves the right 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 rules and regulations.

(12) The city reserves unto itself and shall have the right to correct any errors that may be made by the city or its agents in making interments/disinterments, or in the descriptions, transfer or conveyance of any interment property; either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value in a similar location as far as possible or as may be selected by the city or, in the sole discretion of the city, to refund the amount of money paid on account of such purchase. In the event the error shall involve the interment of the remains of any person in such property, the city reserves and shall have the right to remove and/or transfer such remains so interred to such other property of equal value and similar locations as may be substituted and conveyed in lieu thereof. The purchaser of an interment space and the person having legal authority to control disposition of the remains under ORS 97.130(2)(a), (b), or (c), as amended, or, if the remains are cremated remains, the person who had possession of the cremated remains and authorized the interment of the cremated remains, shall provide written consent for the correction of any errors in interment location. If the written consent of a person identified in the immediately preceding sentence cannot be obtained, a court order obtained in accordance with ORS 97.220(2), as amended, shall suffice to correct any errors In interment location. Errors in interment arising from mistakes by persons requesting service, or an unauthorized person or persons signing an application for service, shall be corrected at the expense of the person or persons signing the application, in the city’s discretion. When a deed, license, certificate or other instrument of conveyance has not been issued by the city, or its duly authorized agent, or has not been registered on the books of the cemetery, the responsibility for determining ownership or authority and for correcting errors, either prior to or after interment, will lie with person or persons claiming authority, ownership or protesting an error.

(13) No owner shall bring or cause to be brought into the cemetery any animal without a leash; with the exception of those persons requiring the service of a seeing eye or hearing dog, or to federal, state, county, or city law enforcement personnel using an animal for law enforcement purposes. [Ord. 16-842 § 2, 2016; Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 7, 2000. Formerly 2.45.070]

2.45.090 Management.

(1) Enforcement of rules and regulations shall fall under the responsibility of the city manager and his/her designated agent. They will work in conjunction with the cemetery caretaker, contractor, or sexton and the cemetery committee for oversight.

(2) All grave locations shall be double checked before exacting of the grave. City Hall or its agent shall provide the cemetery caretaker, contractor or sexton with a flag at center of sold lot and a map. The cemetery caretaker, contractor or sexton shall double check grave location and sign the lot location form after location has been verified for correct placement.

(3) City Hall shall have/receive a signed sales contract, signed interment order, confirmation of grave location and have a signed perpetual infrastructure care contract on file.

(4) The city shall provide the lot owner with information including but not limited to a copy of the cemetery ordinances, deed or contract and perpetual infrastructure care agreement. [Ord. 13-823, 2013; Ord. 12-818, 2012]

2.45.100 Flowers and shrubs.

(1) Cut flowers will be removed from the grave at the discretion of the city. In no event will flowers be left thereon longer than one week. As soon as practicable after the flowers are removed from a new grave, the earth shall be settled and restored to conform to the surrounding surface of the cemetery.

(2) Acting in the best interests of the cemetery the contractor, cemetery caretaker or sexton shall remove any tree, shrub, or plant within the cemetery when he/she deems it necessary. The planting of trees and shrubs as memorials may be allowed in the cemetery. All plantings will be approved and supervised by the city or its designated representative. See Appendix No. 2, Shrub and Tree List, on file at the city clerk’s office.

(3) Cut flowers/artificial flowers are allowed but must be secured and anchored in a container approved by the city. No glass or breakable containers are allowed. During any time of the year while the cemetery is being mowed, items placed loosely on or adjacent to a grave may be collected and disposed.

(4) Scheduled removal and disposal of cut and artificial flowers and other decorations shall occur on or about April 1st, July 15th and October 1st. All items will be removed from grave areas. Items that may have value will be placed in a designated area and retained for 30 days after which they will be disposed. The city is not responsible for the return of any removed object, decoration, plant or container. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 748 § 8, 2000. Formerly 2.45.080]

2.45.110 Monuments and markers.

(1) Flat or upright monuments are allowed on full size graves. On eight-foot graves, upright monuments must include four six-inch pilings to support the monument foundation. Additional cost will be incurred on monuments when burial(s) occur after placement of the monument.

(2) Monuments and markers are to be set at the head of grave in line with lot, plug markers or existing markers if lot plugs are not present. All markers and monuments are to be set true to grade and are not to exceed the width of grave space.

(3) Each memorial marker must be placed so it will be read from the foot of the gravesite.

(4) Every marker and monument shall be set in a solid concrete foundation with a mixture of not less than three parts sand and gravel to one part cement, and must be no less than six inches beneath the surface of the ground, and otherwise of sufficient size and depth to support such monuments.

(5) Said foundation is to exceed the size of said monument at least six inches on all sides.

(6) Any foundation larger than 36 by 24 inches must be reinforced with one-half-inch rebar, and shall in all other respects comply with good construction practices.

(7) For single full size grave spaces, one marker is permitted per grave space. If cremains are placed above a burial on the same space, then the second flat marker shall be a flush marker placed with 12-inch space between existing primary marker foundation and second marker.

(8) All monuments or markers must be of good quality grade granite, marble, bronze, or permanent type material.

(9) No temporary grave markers will be installed or erected if the same will interfere with the care or maintenance of the cemetery. Wooden crosses and all other temporary markers will be removed when they become deteriorated, unsightly, a safety problem, impede maintenance of the cemetery or a permanent marker is placed.

(10) No material or equipment shall be allowed to remain longer than is reasonably necessary for construction of monuments. Heavy equipment operations will be allowed only on paved or compacted areas during wet weather.

(11) If any marker, monument, effigy or structure of any kind or any inscription placed upon any lot is offensive, unsightly or improper, the city reserves the right to remove, repair or correct the same at the expense of the lot(s) owner or his/her estate upon notice in writing to the owner at his/her or their heirs at the last known address on file with the city.

(12) The city shall not be responsible for the repair, alteration or realignment of any monument or marker after original placement. Repairs, alterations or realignment may be done at the option of the city and a reasonable charge may be assessed for the work.

(13) One solar light and one shepherd hook will be allowed on each full size gravesite when the support base of the light can be inserted into the concrete or through concrete marker foundation. This allows a safety barrier between maintenance equipment and the base of the light or hook. Lights and hooks will be removed when they become inoperative, unsightly or hazardous to maintenance of cemetery.

(14) Permanent vases are to be secured in concrete and of the retractable type. The vases must be part of the monument foundation or adjacent to monument within the monument row. They are not to be placed in front or behind the monument or marker on grass grave area or outside of the grave space area.

(15) It shall be unlawful for any person or persons to place any monument or marker on any lot in the cemetery except by permission of the city.

(16) No monument or marker may be placed on a grave until all cemetery charges for grave space are paid in full to the city.

(17) No city employee shall be permitted to set any stone or monument during working hours unless directed to do so by the city manager. [Ord. 13-823, 2013; Ord. 12-818, 2012; Ord. 11-813, 2011; Ord. 748 § 9, 2000. Formerly 2.45.090]

2.45.120 Cremains section.

(1) Burial of cremains shall be in an approved container constructed of wood, metal, marble or hard plastic. Single cremains markers shall be constructed no larger than 12 by 12 inches, double markers shall not exceed 12 by 24 inches and triple markers shall not exceed 12 by 36 inches. All markers shall be set in concrete providing for a two-inch border around the marker. Ornamental receptacles, permanent vases, shepherds hooks, solar lights, or perforations in the border for the placement of flowers or other decorative items are not allowed.

(2) Upright markers, whether permanent or temporary, or benches are not allowed in the cremains section.

(3) The lot owner is responsible for any failure to abide by these regulations and shall pay for any changes or damages.

(4) The city shall not be responsible for the repair, alteration or realignment of any monument or marker after original placement. Repairs, alterations or realignment may be done at the option of the city and a reasonable charge may be assessed for the work. Maintenance work will be done as provided in the perpetual infrastructure care criteria of an endowment cemetery. [Ord. 13-823, 2013; Ord. 12-818, 2012]