Chapter 12.15
CEMETERY

Sections:

12.15.010    Definitions.

12.15.020    Cemetery name.

12.15.030    Repealed.

12.15.040    Duties of city manager.

12.15.050    Interments.

12.15.060    Disinterment.

12.15.070    Sale of burial rights.

12.15.080    Repealed.

12.15.090    Capital improvement fund.

12.15.100    Monuments and markers.

12.15.110    Decoration of graves.

12.15.120    Cemetery hours.

12.15.130    Traffic and safety regulations.

12.15.140    Defacement or littering of cemetery.

12.15.150    Animals in cemetery.

12.15.160    Erecting of fences, or copings, or planting of trees, hedges, etc., prohibited.

12.15.170    Fees and charges.

12.15.010 Definitions.

In this chapter, the following words or phrases shall have the following meanings unless the context otherwise clearly indicates:

“Block” shall mean a land area of one or more lots.

“Cemetery” shall mean any cemetery owned or maintained by the city for the purpose of receiving the remains of deceased humans for earth interments.

“Cemetery office” shall mean the main office maintained at West Point City Municipal Center.

“Certificate” referred to herein shall mean burial right certificate.

“Certificate holder” is intended to mean and shall be construed to mean owner or purchaser of burial rights and privileges, or the collateral right of use of any burial plot, evidenced by a burial right certificate or by proved and recognized descent or devise from the original owner.

“City” shall mean West Point City, Utah, whether or not so designated.

“Council” or “city council” shall mean the city council of West Point City, Utah.

“Human remains” shall be construed to mean any portion relating to that of a deceased human being.

“Lot” shall apply to numbered divisions as shown on the record plat which consists of two or more plots.

“Lot marker” refers to the cement blocks approximately eight inches by eight inches by eight inches used by the cemetery and located in each corner.

“Marker” means a headstone flush with the surface of the ground or four inches high made of granite, marble, or metal substances.

“Monument” shall include a tombstone or headstone of granite, marble, or metal substances which shall extend above the surface of the ground at least 12 inches in height or higher, but not exceeding three feet in height.

“Perpetual care” shall refer to the maintenance care that the city agrees to give and shall consist of care of the cemetery generally, but shall not include repairing or replacing marker or monument structures of any nature, except when the need for repair or replacement is directly caused by the city.

“Person” shall mean an individual, group, partnership, firm, corporation or association.

“Plat” shall mean a land area designated by a letter in the alphabet (namely A, B, C, D and E) that is bordered by roadways and is one or more lots.

“Plot” shall apply to a space of sufficient size to accommodate one adult interment approximately 49.5 inches by 99 inches or one infant interment approximately 28 inches by 52 inches. Baby interment should be approximately 24 inches by 24 inches. Urns should be 12 inches by 12 inches. The maximum amount of urns per plot is two and one headstone per plot.

“Resident” shall be defined as follows:

1. Any person who was domiciled within the corporate limits of West Point City, Utah, at the time of death, regardless of the actual place of death.

2. Any person owning real property within the corporate limits of West Point City, Utah, at the time of death, regardless of the residence or domicile of such person.

3. Any person who was a legal resident of West Point City, Utah, at the time of death, regardless of domicile.

4. Any person who was formerly domiciled within the corporate limits of West Point City, Utah, immediately prior to moving from the city for the purpose of becoming domiciled in any facility for the purpose of receiving medical or residential care.

“Responsible party” shall refer to any person selected by the family of the deceased to act in its behalf and can include the heir apparent, religious leader, mortician, funeral director, or any other person the family selects in choosing graves, making available information on the deceased party, and taking full liability for the family obligations concerning the services performed on the cemetery’s property.

Words. Single words shall include the plural, and masculine words shall include the feminine and neuter. [Ord. 02-17-2015A § 1; Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 10-19-2010 § 1; Ord. 05-05-2009. Code 2000 § 12-3-1].

12.15.020 Cemetery name.

The burial ground of West Point City shall be known and designated by the name of West Point City Memorial Cemetery. [Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-2].

12.15.030 Cemetery sexton.

Repealed by Ord. 06-19-2012A. [Ord. 05-05-2009. Code 2000 § 12-3-3].

12.15.040 Duties of city manager.

A. It shall be the duty of the city manager, or his representative, to supervise, manage, operate, maintain and improve the cemetery in accordance with the provisions of the city ordinances and the rules and regulations adopted by the city council including but not limited to the following:

B. Keep a true and correct plat of the cemetery showing the location of all burial plots and such other information as the city council may prescribe and shall keep or have kept such other records regarding the cemetery as the city council shall direct.

C. Direct the layout and digging of all graves required for burial therein, to direct all removals, changes and other authorized operations.

D. Take charge of all funeral corteges while in the environs of said cemetery and regulate all traffic within the cemetery as deemed necessary.

E. Approve all claims chargeable against the cemetery and furnish such information regarding the cemetery as the city council may from time to time require.

F. Employ such help as shall be necessary to carry out the duties prescribed by the city ordinances and by the rules and regulations adopted by the city council.

G. Promulgate additional regulations concerning the care, use, maintenance and government of the cemetery not in conflict herewith, as shall, from time to time, prove necessary.

H. Any person or firm desiring to perform any work within the cemetery must first secure the approval and written permission of the city manager or representative. All settings of vases, markers and monuments, and all plantings of trees, shrubs and flowers, must be approved by the city before the work is commenced and all work shall be performed under direction of the city. [Ord. 02-17-2015A § 1; Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-4].

12.15.050 Interments.

A. Nothing other than human remains shall be interred within the West Point City cemetery, and no cemetery shall be established without the express written permission of the city council.

B. Before burying human remains in the cemetery, there shall be procured from the cemetery office an interment order for the deceased person in such plot, lot, block and plat as may be designated by the responsible party. This order must be executed 48 hours prior to the scheduled funeral service.

C. Under no circumstances will the city assume responsibility for errors in opening graves when orders are given by telephone or for any mistake occurring from want of precise and proper instructions as to the particular plot, size of grave, and location where interment is desired.

D. Funeral directors must schedule the use of the cemetery, have the interment order signed, and have fees paid in full before arrangements with the family are concluded.

E. No person, except the certificate holder of a lot upon which interment is to be made, shall use a plot or lot in the cemetery, without first obtaining written permission from the certificate holder of said lot, or nearest relative of the certificate holder thereof, or legal heirs, which permission shall be filed with the cemetery office.

F. No interment of two or more bodies shall be made in one grave except in the case of a parent and child or two infants buried in one casket.

G. The human remains must be delivered to the cemetery at or before 3:00 p.m. for interment if the grave is to be filled in with earth the same day.

H. There shall be no interments on Sundays or the legal holidays of New Year’s Day, Memorial Day, Independence Day, Pioneer Day, Thanksgiving Day and Christmas Day.

I. It shall be unlawful for any remains to be interred in the cemetery unless the casket or urn shall be placed in a vault made of reinforced concrete, stone, or metal.

J. No grave will be opened in the cemetery until the interment fee, burial right fee and other applicable fees, as established from time to time by resolution of the city council, are paid in full. The interment fee is solely determined by the residential status of the deceased at the time of death and not by the person(s) who assumes responsibility for paying for interment. The city may make other arrangements as deemed necessary by the city manager.

K. Once a casket containing the human remains is within the confines of the cemetery, no funeral director nor his embalmer, assistant, employee, agent, or any other person shall be permitted to open the casket or to touch the body without the written consent of the legal representative of the deceased or any order signed by a court of competent jurisdiction.

L. West Point City employees designated by the city manager are the only persons who will be permitted to open graves with the following exceptions:

1. When the cemetery is directed to make a disinterment by order of a court of competent jurisdiction and a certified copy of such order has been filed with the city.

2. When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the cemetery office his signed authorization to release the body to himself and his lawful agents. In such case, the disinterment must be made by the coroner or his lawful agents. City employees will not be permitted to assist the coroner or his agents.

M. The city will not be liable for the identity of the person to be interred.

N. The city council, with the advice of the city manager, may designate a portion of the cemetery for the burial of indigents. A burial of an indigent in the cemetery must be approved and administered by current policy as set forth by Davis County in conjunction with local morticians prior to interment.

O. Certificate holders shall not allow interments in their plots or lots in return for remuneration of any kind.

P. Persons responsible for the deceased will have full liability for the remains of the deceased when it enters the grounds of the cemetery and will have complete charge of those remains and will cause the deceased to be lowered into the grave site. After this has been accomplished, the city will take charge of the remains and will proceed thenceforth with the closing of the grave.

Q. The city has the perpetual right of ingress and egress over any part of the cemetery burial plat areas and shall use reasonable care in protecting all existing turf, markers, monuments, grave flowers, grave decorations, trees or existing shrubbery in order to cause the opening and closing of graves with the required vehicles, equipment, tools and personnel.

R. Saturday services will be charged an additional fee as set forth by resolution of the city council in addition to the standard interment fee.

S. A portion of the cemetery is designated for the burial of infants and urns subject to the following regulations:

1. All burials therein must be in concrete vaults as required elsewhere in the cemetery.

2. All grave markers therein must not extend above the level of the ground.

3. In the event of disinterment, the right to burial reverts to the city and the value will be applied to re-interment, if in the West Point City cemetery. [Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-5].

12.15.060 Disinterment.

A. No person shall disinter any human remains in the cemetery, except under the direction of the city manager. All disinterments shall comply with applicable state law.

B. The order for disinterment shall include the name of the deceased, when and where born, when and where the place of death occurred, together with the name of parents and spouse, also the date of burial, as well as the name of the cemetery, with the initial letter of the plat, as well as the number of block, lot and burial plot number, and the place of destination if disinterred and transferred beyond the environs of the cemetery.

C. If the disinterment is to be transported outside the environs of the cemetery, the cemetery office shall require a written order for disinterment together with a burial transit permit from the Davis County department of health to be executed by the certificate holder or his heirs authorizing such removal at least one week prior to the day of the disinterment.

D. The city assumes no responsibility whatsoever for the condition of any casket or vault involved in any removal.

E. It shall be unlawful for any person to remove the body of a person who has died of a contagious disease within two years from the date of burial unless the body has been buried in a hermetically sealed coffin, or vault, and is found to be so encased at the time of removal.

F. Fees for disinterments will be charged according to the work involved, with a base fee established by the city council.

G. The cemetery reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals, or the description, 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 and similar location as far as possible, or as may be selected by the cemetery office, or, in the sole discretion of the cemetery office, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the disinterment of the remains of any person in such property, the cemetery reserves and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.

H. In the event of disinterment, the right to burial of said plot(s) reverts to the city and the value at time of purchase will be applied to re-interment, if in the West Point City cemetery. [Ord. 02-17-2015A § 1; Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-6].

12.15.070 Sale of burial rights.

A. The city is hereby authorized to sell the use of burial plot(s) in the cemetery for interment purposes only and to collect all sums arising from such sale. The city shall keep a complete record of all sales, which record shall describe the location of the burial plot(s) purchased and the price paid therefor. The purchaser shall receive a receipt describing each right of use so purchased, together with the amount paid and the balance, if any. The city shall retain a duplicate copy in the cemetery receipt book.

B. The city council may establish by resolution the burial right fee for all cemetery lots or parts thereof and may include the perpetual care fee on said lots or parts thereof.

C. It shall be unlawful for any person to bury the remains of a deceased person in the cemetery without first paying in advance, and before the opening of the plot to be occupied, the full cost for use of said plot.

D. A burial right certificate shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for any cemetery services.

E. Burial rights to any plot or lot may be transferred, conveyed, or assigned by the purchaser or certificate holder to any person. Burial rights to any plot or lot shall not be sold except to West Point City. The city hereby agrees to buy back the use of any plot or lot for the original price paid or 50 percent of the current value, whichever is greater. All transfers and conveyances must be notarized and documented with West Point City.

F. Whenever plots or lots are transferred, or revert to the city, or become vested in the municipality for any reason, the original certificate shall be canceled, and the record shall be so changed before new certificates are issued. A transfer fee as set forth from time to time by resolution of the city council shall be paid to the city recorder for such transaction. The city shall be the sole judge of the size of the plot or the number of plots to be sold to any person or family.

G. No work may be performed until all fees are paid. Plots may be purchased in advance, but residential status will be determined at the time of interment based on the residential status of the deceased at the time of death, and nonresident rates may apply. All other fees must be paid at the time of interment.

H. In the event the city or any party desires to exchange one plot(s) inside the cemetery with another plot(s), they may do so by informing the city of their desire and paying for the certificate transfer fee.

I. The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or a section or sections, from time to time, including the right to modify or change the locations of or remove or re-grade roads, drives, walks, or any part thereof, is hereby reserved. The right to lay, maintain, operate, alter or change pipelines for sprinkling systems, drainage, etc., is also expressly reserved, as well as is the right to use cemetery property not sold to individual plot owners or plots reclaimed for cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto. [Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-7].

12.15.080 Perpetual care.

Repealed by Ord. 05-05-2009. [Code 2000 § 12-3-8].

12.15.090 Capital improvement fund.

There is hereby established a capital improvement fund for future expansion of new burial sites and portions thereof and construction of fixtures as deemed necessary in the cemetery. There shall be deposited in the fund the portion of the burial right fees as established from time to time by resolution of the city council. The sum total of these monies deposited and interest accrued thereon shall be used solely for the purposes of capital improvement or expansion of the cemetery. [Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 05-05-2009. Code 2000 § 12-3-9].

12.15.100 Monuments and markers.

A. The certificate holders for spaces or relatives of the deceased person(s) buried in the cemetery may not install or remove, or cause the installation or removal of, any type of permanent marker or monument on any grave space(s) without first obtaining the approval of the city.

B. Permanent grave markers and monuments shall either be flush with the ground or no taller than 36 inches in height, except for the portion of the cemetery designated specifically for the burial of infants and urns. All grave markers located in the infant and urn section of the cemetery must be flush with the ground. Secondary markers must be flush with the ground.

C. Permanent grave markers shall have and be set in a finished, grass-level cement base or apron (commonly known as a mow strip) extending outward from the outer perimeters of the stone or metal grave markers for at least six inches, so that the lawn may be cut conveniently without contact to the headstone or marker.

D. The combined length (extending north/south) of the mow strip and grave marker shall not be longer than 46 inches for a single headstone and 92 inches for a double headstone. The combined length (extending west/east) of the mow strip and grave marker shall not be longer than 40 inches. At the discretion of the city manager or his representatives, headstones deemed oversized shall be moved by a monument company at the expense of the monument owner.

E. The inscription with the name(s) of the deceased on all grave markers in the cemetery shall be so inscribed on the stone or metal marker so that a person may be able to read it when facing east or west.

F. The installation of all permanent grave markers or monuments will be under the supervision of the city. A notice to the cemetery office by the monument company or responsible party must be made at least 24 hours prior to the installation. Flat headstones and monuments will be installed under the direction of the city.

G. All permanent grave markers and monuments shall be set with the outside west edge of the burial space on the marker placement line as established by the city (including mow strip).

H. Temporary Markers. One temporary grave marker shall be permitted per burial plot for a maximum of six months from date of interment, or as otherwise approved by the city manager. The temporary grave marker shall not exceed 18 inches in length (extending north/south) and 18 inches in height. Temporary grave markers must be attractive and made of durable material to withstand the elements.

I. Failure to comply with the above regulations for grave markers and monuments will justify the city in refusing the placement of said markers or monuments. Any and all costs involved with altering said markers in order to comply with the above regulations will be borne by those having ordered said markers.

J. Before any marker or monument may be placed on any plot(s), the full purchase price for use of said plot(s) must be paid in full whether or not the plot(s) are occupied with human remains. [Ord. 02-17-2015A § 1; Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 10-19-2010 § 2; Ord. 05-05-2009; Ord. 01-15-2008 § 1. Code 2000 § 12-3-10].

12.15.110 Decoration of graves.

A. Cemetery maintenance will be performed on an as-needed basis from April 1st to November 1st, weather permitting. Only grave decorations deemed to be unsightly or that may interfere with maintenance by the cemetery crew will be discarded as necessary. A general cemetery cleaning and detailing will take place twice a year. This detailing will happen the first Thursday in October and the first Thursday in May (weather permitting). Before detailing dates, cemetery patrons should remove any decorations they do not want discarded. Grave decorations will be discarded by the cemetery crew at that time. Items deemed of value will be stored for one month.

B. During the winter months, cemetery maintenance will be performed on an as-needed basis, weather permitting. All grave decorations deemed to be unsightly by the cemetery crew will be discarded at that time.

C. Pinwheels, shepherd’s hooks and grave decorations that are inserted into the ground shall not extend over or cover any ground that is outside of the area covered by the grave marker. Solar lights are permitted if they are mounted on the concrete mow strip or placed next to the mow strip or headstone. Other decorations that utilize wires, pegs, glass or other containers that may pose safety hazards shall not be permitted in the cemetery. Arbors are not permitted, as well as shepherd’s hooks over three feet high. These items or similar items will be removed by cemetery employees without giving notice.

D. Funeral flowers and floral pieces or decorations will be removed and discarded without notice when they become unsightly or after two weeks, whichever may occur first.

E. Artificial (dried, silk, or plastic) flowers or grave decorations and any fresh cut flowers are permitted in a sunken vase at any time but will be removed when they become unsightly or during the fall and spring cemetery maintenance. Flower pots, baskets, holders and grave decorations are permitted on the headstone, shepherd’s hooks, or concrete border. No decorations are permitted on the grass except for funerals, Memorial Day, and the winter holiday season.

F. All holiday decorations must be removed within two weeks following a holiday. If holiday decorations are not removed within two weeks they may be removed and discarded at the city’s discretion.

G. The cemetery accepts no responsibility or liability, nor will accept any claims against it, for loss or destruction of personal property left in the cemetery, and disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, explosions, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. [Ord. 08-06-2013B § 1 (Exh. A); Ord. 06-19-2012A § 1 (Exh. A); Ord. 01-15-2008 § 2. Code 2000 § 12-3-11].

12.15.120 Cemetery hours.

It shall be unlawful for any person to be in the cemetery other than during hours approved by the city without the permission of the city, and the presence of any unauthorized person during such other hours shall constitute trespassing. [Ord. 05-05-2009. Code 2000 § 12-3-12].

12.15.130 Traffic and safety regulations.

A. It shall be unlawful to drive or park any vehicle over or across any lawn area or lot within the confines of the cemetery.

B. Only vehicles and equipment that have been approved by the city manager, or his representative, may traverse any lawn area.

C. Because cemetery ground is devoted to interment and repose of the dead, strict observance of decorum due such a place shall be required of all persons.

D. No motorcycles will be permitted within the environs of the cemetery, except those being involved with a funeral cortege.

E. It is of the utmost importance that there should be strict observance of the proprieties in the cemetery. Hence, all persons within the cemetery should avoid conduct unbecoming a sacred place.

1. No loud, boisterous or turbulent noise of any kind which is deemed undesirable or interferes with the decorum of the cemetery, or which is marked by intensity or volume of sound, will be permitted within the environs of the cemetery.

2. No alcoholic beverages of any kind will be permitted within the environs of the cemetery.

3. No idling or loafing on the grounds or in any of the buildings will be permitted within the environs of the cemetery.

4. The bringing of lunches or refreshments into the cemetery or consuming them on the grounds will not be permitted within the environs of the cemetery.

5. Peddling or soliciting the sale of any commodity within the cemetery will not be permitted.

6. Placing of signs or notices of advertisements of any kind within the cemetery will not be permitted.

7. Brandishing or discharging firearms within the cemetery except by any military escort accompanying a veteran’s funeral or attending memorial services will not be permitted within the environs of the cemetery. [Ord. 02-17-2015A § 1; Ord. 08-19-2014B § 1; Ord. 05-05-2009. Code 2000 § 12-3-13].

12.15.140 Defacement or littering of cemetery.

A. It is unlawful for any person to injure, molest, deface, or otherwise damage or remove any headstone from its foundation, curbing, urn, monument, tree, shrub, flowers, funeral flowers, floral pieces, vases and containers, or any other property in the cemetery. This section shall not apply to the city manager or employees of his representatives who are performing their assigned work. This section shall not apply to any person who is removing flowers, vases or containers which such person has placed upon a cemetery burial plot(s) or lot.

B. It is unlawful for any person to throw or deposit in any part of the cemetery the carcass of any dead animals, meat, fish, rubbish, refuse, filth, trash, garbage, building materials, or any like substance, or any object or substance that detracts from the beauty of said cemetery.

C. Any person(s) convicted of the above actions will be responsible for payment of the cost and expenses involved to restore the property to its original state. [Ord. 02-17-2015A § 1; Ord. 05-05-2009. Code 2000 § 12-3-14].

12.15.150 Animals in cemetery.

It shall be unlawful for any person to take any animal into the cemetery or permit any animal owned or in the custody of such person to enter the cemetery, except an animal kept in the confines of a vehicle will be allowed only if such animal is retained within the confines of said vehicle, while the vehicle remains in the cemetery. [Ord. 05-05-2009. Code 2000 § 12-3-15].

12.15.160 Erecting of fences, or copings, or planting of trees, hedges, etc., prohibited.

No person(s) shall erect a fence, coping, or corner post, or plant trees, flowers, shrubbery, hedges, or other boundary marker or obstruction upon any burial plot(s) or lot, nor grade the ground thereof. Any such obstructions in the cemetery shall be removed under the direction of the city manager. Nothing in this section shall prohibit the planting and maintaining of trees, shrubs, flowers, bushes, fences and other installations by the city manager in his official capacity. [Ord. 02-17-2015A § 1; Ord. 05-05-2009. Code 2000 § 12-3-16].

12.15.170 Fees and charges.

The city council shall establish fees and charges for the care, use, operation, and maintenance of the cemetery from time to time by resolution. [Ord. 05-05-2009. Code 2000 § 12-3-17].