Chapter 2.36
CEMETERIES
Sections:
2.36.020 Lot ownership and privileges.
2.36.040 Decoration of graves.
2.36.050 Monuments and markers.
2.36.060 General platting and landscaping – Boundaries, roads, and waterlines.
2.36.070 Regulations governing access and conduct.
2.36.100 Monument permit form.
* Prior legislation: Code 1986 §§ 8-201 – 8-252 and Res. 2004-05-D.
2.36.010 Definitions.
“Administrative office” means the administrative office located at the Mayfield City Hall, 52 South Main, Mayfield, Utah, where the recorder is located and responsible for all cemetery records.
“Burial rights” means the right to be buried in a cemetery space; however, the property on which the space is located is owned by Mayfield City.
“Burial transit permit” means a permit that is required by the state to transport a deceased person from one state to the other for burial.
Cremains. “Cremains” are the remains after a person has been cremated.
“Disinterment permit” means a permit that is required by the state for the purpose of exhuming a burial to be transferred for burial in another place.
Flat Marker. A “flat marker” is one that is flush with the ground.
“Head of household” means a single person who is at least 23 years old or a married couple.
Heir. An “heir” is someone who has inherited or is entitled to the right from a parent who is no longer living.
Indigent. An “indigent” is a person who does not have the means with which a burial right can be purchased.
Installment Plan. Reserved.
“Marker” means an identification tool made of stone that is placed upon a grave which contains information about the person buried in that particular space.
“Permanent container” means a metal or marble container permanently affixed to the marker or included in it, but not separately attached to the foundation.
“Perpetual care” is defined as the general care and maintenance of the cemetery. It includes the planting, cutting, and watering of the lawns, care of trees, and maintenance of roadways. Perpetual care does not provide for maintenance of monuments, markers or flower vases.
“Person” shall mean an individual, group, partnership, firm, corporation or association.
“Resident” means any person currently residing within Mayfield City or immediately prior to being placed in a health care institution.
Sexton. The sexton is directly responsible for the general maintenance of the cemetery and enforcing cemetery policies and procedures.
“Slant marker” means a marker that has a gradual slant from ground level height of.
“Upright marker” means a marker that stands upright with a maximum height of 30 inches from ground level. [Res. 2007-8-A.]
2.36.020 Lot ownership and privileges.
A. Nature and Extent of Rights Acquired. Upon payment of the purchase prices of a space, the purchaser acquires the rights of burial in said space, subject to the policies and procedures of the cemetery.
The city retains title to the cemetery property.
A maximum of four spaces can be purchased by any one individual, who is head of household, on a one-time basis. (Husband and wife are to be considered one individual.) A certificate of burial rights will be issued to each purchaser after fees are paid in full. Any requests for more than four lots must be approved by the city council.
No interment will be permitted in or marker allowed on any space not fully paid for.
No space shall be sold without perpetual care.
B. Descent and Inheritance of Burial Rights. Burials by or of heirs after the original parties named on burial certificates are deceased requires the permission of living heirs in writing.
Mayfield City shall in no way be held responsible for failure to properly determine the legal successorship of the said space owner.
The heirs are entitled to the same use of the space as the original owners and are bound by the same policies and procedures.
C. Transfer of Burial Rights. Owners of burial certificates may transfer their burial rights to other parties by filling out and signing forms provided by the Mayfield City clerk. Payment of transfer/recording fees are required before a new certificate is issued. The four-grave limit will be considered before a transfer is authorized.
The files located in the clerk’s office are to be considered the correct record.
Any discrepancy between the clerk’s files and the certificate of burial rights will be considered a clerical error. The city reserves the right to recall, correct and reissue the correct certificate.
D. Resale of Burial Rights. As stated in subsection (A) of this section, the purchase of a cemetery space does not include land, only the burial right for that space.
If a space is being sold back to Mayfield City or to anyone else it must meet the criteria of being a usable space. The determination of whether a space is usable will be the decision of the Mayfield city sexton.
An owner or heir holding title to a space may sell that space back to Mayfield City at any time. The amount the city will pay for said space will be the amount originally paid for the space by the owner at the time of purchase.
An owner or heir may sell a space to anyone at any time for a price to be set by the owner. If the second owner or heirs determine to sell a space back to Mayfield City the amount the city will pay for said space will be the amount originally paid by the first owner of the record. [Res. 2007-8-A.]
2.36.030 Burials.
A. General Requirements. Interments are limited to human dead.
Interments will be made only after a permit for burial has been filled out by a family representative or mortician prior to the opening of a grave.
Information for all interments must be given and all charges prepaid at the Mayfield City Hall clerk’s office. Information given by telephone will be taken with particular care, but Mayfield City will not be responsible for errors arising or resulting from this procedure. All such orders must be confirmed in writing.
The person giving the order must give the space owner’s name, address and all other information required on the burial report. This information includes: the name of the deceased, date and place of birth of the deceased, date and place of death, name and address of person responsible for disposition, name of mother and father of deceased, name of the funeral director, the date and time of the funeral and the location of the grave space to be used.
Notice for opening of a grave must be given early enough to allow at least 48 hours for the work to be completed. Extra time may be required during winter months.
Mayfield City will not be responsible for any mistakes occurring from lack of precise and proper instructions as to the proper space on the lot where interment is desired. When a lot cannot be opened where specified the sexton may at his/her discretion open it in such a location on the lot as he/she deems best and proper so as not to delay the funeral and affect the interment.
Such spaces as the city council shall from time to time designate will be reserved for the burial of indigent persons.
No interment will be permitted or remains received unless the proper written order is furnished. Remains sent from other states must also be accompanied by a burial transit permit and filed at the administrative office.
B. Advance Payment of Burial Fee. An installment plan will not be allowed when a burial is being arranged.
The person ordering the opening of a grave will be held responsible for payment of all fees in preparation of the burial.
No grave will be opened until all fees have been paid.
C. Hours When Burials Are Permitted. No funeral or interment will be allowed in the cemetery on Sunday or on any holiday.
On all other days, funerals will be allowed between the hours of 8:00 a.m. and 4:00 p.m.
D. Duty of Funeral Directors. Funeral directors in charge of funerals must arrange the time for arrival at the cemetery so as to be out of the grounds before 4:00 p.m. They will be held responsible for the faithful observance of all the policies and procedures concerning funerals and burials. When a funeral extends beyond 4:00 p.m. on a regular working day an overtime charge will be made to the mortuary in charge of the funeral.
E. Vaults. Vaults are required for all burials and must be made of concrete or metal. Exceptions may be noted for infants and cremains. Infant vaults must be made of concrete or fiberglass approved by the cemetery sexton. Cremains must be placed in a container specifically approved for their content by the cemetery sexton.
Wooden vaults are not permitted.
F. Excavating and Refilling of Graves. The sexton or someone employed by the cemetery will be in complete charge of every interment. No grave shall be opened, filled, refilled, or sodded except by the employees of Mayfield City and under the direction of the sexton.
G. Burials per Grave. One interment only shall be allowed in a casket, except a father or mother with an infant child or two children buried at the same time. No more than one casket and one cremain will be allowed in a grave. Two cremains will be allowed in one grave, and one cremain will be allowed on top of an existing casket.
H. Errors. The person in charge of the cemetery as deemed proper shall correct any errors made in interments, disinterments, removals, or in the description, transfer or conveyance of any interment property. [Ord. 2021-2; Res. 2007-8-A.]
2.36.040 Decoration of graves.
A. Funeral Flowers and Floral Pieces. Floral pieces will be removed without notice when they become unsightly. Space owners desiring to retain floral pieces must remove them within five days after the interment.
B. Flower Containers. The placing of baskets, boxes, pots, jars, cans, wires, bottles, etc., will not be permitted on sodded areas except on Memorial Day.
Permanent containers must be a part of the marker or cast into the cement foundation.
C. Artificial Flowers. Artificial flowers are permissible if placed in a permanent container but the location and use of such flowers shall be subject to the policies and procedures set forth.
Artificial decorations will not be allowed on sodded areas from April 1st to October 31st except during the Memorial Day holiday with the exception that flowers may be placed in permanent containers on above the ground level monuments.
Artificial flowers and grave decorations are permitted on any location from November 1st to March 31st and on Memorial Day. Memorial Day decorations must be removed before 8:00 a.m. on the Monday following the Memorial Day weekend.
D. Fresh Cut Flowers. Fresh cut flowers are permitted in permanent containers anytime.
E. Planting or Excavating. No planting of any type of plant material, digging or disturbing the sod within the cemetery will be permitted. [Res. 2007-8-A.]
2.36.050 Monuments and markers.
A. Ownership and Responsibility. Monuments and markers are personal property. All monuments within the cemetery are the property of lot owners, their heirs, or the responsible party that ordered and placed them in the cemetery. Maintenance of the monuments are the responsibility of the owner. The cemetery is maintained by city personnel who exercise great care in keeping the grounds groomed. The city will not be responsible for inadvertent scratches and chips that occur from routine maintenance or vandalism. Such happenings are a condition that goes with the privilege of placing the monument in the cemetery.
A recommendation would be to consult a monument dealer about a monument material that is suitable to conditions at a cemetery. Markers are subject to temperature extremes, snow, ice, sprinklers (irrigation water) and occasional nicks and chips from mowing equipment. It is also recommended that upright or slant markers have rough nosed base or edge rather than a polished smooth surface.
B. Monuments and Markers. All monuments or markers erected in the city’s cemetery shall be restricted as to the size and general make-up and shall only be erected by the issuance of a permit provided by Mayfield City. Persons ordering a monument from a monument dealer should check the restrictions first to ensure that the stone will be permissible.
Only one marker allowed per burial space unless two infants or two cremations.
When it becomes necessary to remove a monument for a burial, the owner will be responsible to make the proper arrangements. Should the owner request Mayfield City to remove the monument the city shall not be held liable for any cost from damage which may occur during removal. The order for removing a monument will be given and fees paid for when all other required information pertaining to the deceased person is given to the administration office.
If a monument company has been contacted to remove a monument for a burial the monument company will also be responsible for returning the monument to its original location.
C. Requirements for Markers. Markers must be composed of metal, stone or cement. All markers must be securely set in a finished grass level foundation at least six inches wide around the marker. This is to enable the grass to be mowed without harming the stone.
Markers must be no higher than 30 inches from ground level.
D. Additions to Markers. Vase and flagpole additions to the monument will not be allowed. These must be included in the original base or foundation of the marker at the time of installation.
E. Vases. All permanent vases must be attached to the stone foundation.
Vases must sit above containers so flowers do not lie on stone or grass; flowers must be at least four inches above the container to allow for trimming around the edge of the foundation.
F. Flagpoles (Are They Allowed). Flags will be allowed to fly during any holiday but must be removed at any other time. This will be the responsibility of family members.
G. Shepherd’s Hooks. Shepherd’s hooks will be allowed so long as there is six inches of concrete on all sides of the base from the hook with the exception of the side of the stone or marker. The hook must be over the stone so that anything on the hook will fall over the stone and not onto the grass.
H. Benches are not allowed. [Res. 2007-8-A.]
2.36.060 General platting and landscaping – Boundaries, roads, and waterlines.
The right to enlarge, reduce, replat or change the boundaries of the cemetery or a section or sections thereof from time to time, including the right to modify or change the locations of roads and drives, is hereby expressly reserved by Mayfield City.
The right to lay, maintain and operate pipelines for water supply or drainage is also expressly reserved. [Res. 2007-8-A.]
2.36.070 Regulations governing access and conduct.
A. Entrance Regulation. Access to the Mayfield City Cemetery may be restricted to daylight hours.
B. Improper Conduct. Mayfield City Cemetery has been dedicated for the burial of the dead. Any behavior or conduct not in keeping with this purpose is expressly forbidden.
No person shall injure, deface, take or carry away from any grave or lot any monument, marker, tree, shrub, flower, ground or any other property or ornament in the Mayfield City Cemetery.
C. Speed Limit. The speed limit within Mayfield City Cemetery is 10 miles per hour. Vehicles must stay on driveways while in the cemetery.
D. Animals. Horses, dogs or any other type of pet or livestock are not permitted on the cemetery grounds.
E. Motorcycles and ATVs. Motorcycles and all terrain vehicles (ATVs) are not permitted in the cemetery except for those used for maintenance or as part of a funeral procession.
F. Cutting corners and driving on the lawns are prohibited. [Res. 2007-8-A.]
2.36.080 Miscellaneous.
A. Office – Records. The official cemetery records are kept at the Mayfield City Hall. All business pertaining to the cemetery should be transacted at the City Hall.
The location of all graves is shown by maps and by a system of recorded measurements from fixed permanent landmarks. All maps and records are on file at the City Hall.
All owners of lots or spaces are requested to notify Mayfield City of any changes in their addresses.
B. Powers of the Sexton. The cemetery sexton is subject to the direction of the city council and is responsible for enforcing the policies and procedures of the cemetery.
The sexton may take such action necessary to protect property, graves, space owners and the cemetery from injury and to preserve the peace and good order and prevent injury to the appearance of the lots, graves, grounds and buildings.
C. Prices and Charges. The city council may establish or amend by resolution the fees charged for any service within the cemetery.
Prices and charges will be furnished by the Mayfield city clerk. These prices are subject to change without notice.
D. Contractors and Outside Workers. Contractors and others doing having in the cemetery must make their business known to the sexton before work is begun.
E. Disinterments. Disinterments must be arranged for through the Mayfield city clerk. All fees and permits must be given to her/him before disinterment is complete. The written order of the space owner, his legal representative, or an order from a competent authority in compliance with law must also be given.
F. Liability of Cemetery. Mayfield City Cemetery personnel will at all times exercise diligence and reasonable care in the protection of the rights and property of the space owners, but shall not be liable for any damage or loss.
G. Alteration and Repeal of Policies and Procedures. Mayfield City reserves the right to make, amend and repeal the policies and procedures of the cemetery and to make exceptions thereto.
H. Failure to Abide by Policies and Procedures. Any person violating the provisions of the cemetery policies and procedures shall be guilty of a class B misdemeanor and shall be fined accordingly. [Res. 2007-8-A.]
2.36.090 Cemetery fees.
|
RESIDENTIAL |
|
|
Cemetery Space |
$300.00 |
|
Open/Close (Weekday) |
150.00 |
|
Open/Close (Saturday) |
250.00 |
|
NONRESIDENTIAL |
|
|
Cemetery Space |
1,000.00 |
|
Open/Close (Weekday) |
200.00 |
|
Open/Close (Saturday) |
250.00 |
|
INFANT BURIALS |
|
|
Open/Close |
|
|
Resident (Weekday) |
75.00 |
|
Resident (Saturday) |
100.00 |
|
Nonresident (Weekday) |
100.00 |
|
Nonresident (Saturday) |
150.00 |
|
DOUBLE BURIALS |
|
|
(Two burials in one space extra depth) |
$100.00 |
|
CREMATIONS |
|
|
Resident (Weekday) |
100.00 |
|
Resident (Saturday) |
200.00 |
|
Nonresident (Weekday) |
150.00 |
|
Nonresident (Saturday) |
250.00 |
|
DISINTERMENT (VAULTED) |
1,000.00 |
|
MONUMENT REMOVAL |
75.00 |
|
BURIALS AFTER 4:00 P.M. |
50.00 per hour |
|
OTHER SERVICES |
|
|
Recording Fee (To record the transfer of rights of ownership or the exchange of burial spaces within the cemetery) |
20.00 per page |
|
Copies and Handling |
1.00 per copy |
[Ord. 2021-2; Res. 2007-8-A.]
2.36.100 Monument permit form.
Monument Permit
Company Name, Address and Phone Number
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Name of Contact Person:__________________________ Phone:____________________
Name, Address and Phone Number of Monument Purchaser
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Delivery Date and Time:___________________
Monument Description and Dimensions:
|
Check All That Apply |
Cement Base Dimensions |
Stone Dimensions: |
|---|---|---|
|
Upright |
Length:____________ |
Height:___________ |
|
Raised |
Width:_____________ |
|
|
Flat |
|
|
|
Double |
|
|
|
Single |
|
|
|
Vases |
In Cement |
|
|
Flagpole |
In Stone |
|
Name, Date and Location of Burial:__________________________________________
Name of Deceased:______________________________________________________
Death Date and/or Burial Date:_____________________________________________
Plat:___________ Block:____________ Lot:______________ Space:_____________
Approved by:_______________________________________
Date:____________________________
This form must be filled out in its entirety and returned to Mayfield City at least three working days prior to installation of monument so cemetery personnel may mark the location.
[Res. 2007-8-A.]