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HomeMy WebLinkAboutOrd1996-027 . I I Sponsored by: Garzini Introduction Date: Au!!ust 26 1996 Public Hearing Date: September 9 1996 CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE SEWARD CITY CODE BY ADDING A NEW CHAPTER 7.20, CEMETERIES AND BURIALS WHEREAS, the City of Seward is the owner of the public cemetery; and WHEREAS, there are no city code provisions which authorize cemetery management or the burial process within the city; and WHEREAS, a properly managed and maintained cemetery reflects well on community image and provides peace of mind for relatives of deceased friends and family; and WHEREAS, it is necessary to enact adequate codes and procedures to implement proper long term cemetery management; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. The Seward City Code is hereby amended by adding a new chapter eemeteries and Burials to Title 7, Public Property, as follows: CHAPTER 7.20 CEMETERIES AND BURIALS 7.20.010 Purpose and intent. It is the intent of this code to establish a community cemetery with adequate administrative and maintenance provisions to provide for proper burial;, ensure the continuity of its operation; provide for accountable record keeping; provide for protection of public property; and provide for the safety, health and welfare of the public. 7.20.015 Definitions. For the purposes of this chapter, the following terms, phrases, words and their derivations will have the meaning given herein. Words used in the present tense include the fUture, words in the plural number include the singular number, words in the singular number include the plural number and words in the masculine gender include the feminine. The word "will" is always mandatory and not merely directory. CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 Burial (interment) means the permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment, inurement of cremains in a niche or container, or earth burial. Disinterment (exhumation) means the legal removal of a deceased person's remains from a grave. Burial lot means a single platted parcel of land within a cemetery designed for interment of human remains. Includes grave, plot, site or space. Burial vrevaration means the excavation, backfill and removal of excess material from a burial lot and replacement of the turf Burial vermit means a valid city permit allowing the burial of a deceased person in any cemetery. A valid State of Alaska burial permit is required to obtain a city permit. Cremains means the cremated remains of a deceased person. eemeterv means a burial parkfor earth and crypt interments. City means the City of Seward. Grave reservation vermit means a revocable use permit to reserve a burial lot(s) in the cemetery. Memorial means any marker, monument, tablet, headstone or structure upon or in a burial lot, niche or crypt placed thereupon for the identification or memory of the interred. Pervetual care means attending to the normal and reasonable maintenance of burial lots, the grounds, walks, roadways, boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. By way of illustration it includes cutting of grass at reasonable intervals; removal of rubbish; general care and pruning of trees and shrubs that may be along the walks, roadways and boundaries. It does not include unique or special provisions for the care or cultivation of any special flowers, shrubs, trees or other plants on any lots and grave spaces; nor the repairing, removal, replacement, reconstruction or maintenance of monuments or memorials; nor the construction or reconstruction of any marble, granite, bronze or concrete work on any lot where same is damaged from any cause whatsoever. Remains means any part or parts of the body of a deceased person. Reservation means reserving a buriallot(s) in advance of interment, and does not imply any fee simple transfer of ownership. (See "grave reservation permit. ") 7.20.020 Generally applicable to private and public cemeteries. A. Permits required. 1. There shall be no burials or exhumations within any cemetery within the city or under city ownership without an appropriate city burial/exhumation permit issued in accordance with the provisions of this chapter. -2- . I I CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 2. eity permitting will be in addition to any provIsIOns or authorization, if required, in cemeteries owned and/or operated by private organizations. B. Burial. 1. It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. 2. The remains of any person may not be exhumed without submission of a valid State of Alaska permit and any applicable fees. C. Markers. 1. A permanent marker identifYing the person interred must be placed on a grave within one year of interment. 2. Minimum and maximum marker size and type must be in accordance with rules and regulations adopted by the city council. D. Records. 1. The city will permanently maintain records of all burial and exhumation activity in all private and public cemeteries within the city or under city ownership. 2. The city will permanently maintain official maps of all cemeteries within the city or under city ownership depicting burial or exhumation locations. The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. 7.20.025 City cemetery created. A. All that portion and parcel of lands described as the Woodlawn Cemetery Plat, dated October 17, 1916, and Lot 1, Fort Raymond Subdivision Plat No. 87-12, dated July 2, 1987, bothfiled in the Seward Recording District and owned by the City of Seward, are hereby set aside and dedicatedfor cemetery purposes as a burial place for the dead and, subject to the provisions of this chapter, are open to all persons regardless of race, creed, color, religion or national origin. B. The Woodlawn eemetery is considered to be historic and not open to new burials. C. The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots, duly numbered, and a map thereof made and filed with the city clerk. 7.20.030 Rules and regulations-promulgation and authority. A. All land within the city cemetery and within any extension of the cemetery at any time hereafter made will be subject to and regulated and controlled by the provisions of this chapter and any rules adopted by the city. The police power of the city is extended over all of the cemetery. -3- CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 B. The city manager may promulgate rules and regulations, subject to approval of the city council, governing the use, maintenance and operations of city owned cemeteries, including but not limited to the: 1. Replat, change of boundaries, or grading of any part thereof; 2. Reservation, use and disinterment of any burial site; 3. Type and size of burial markings, decorations and memorials; 4. Issuance of permits for the reservation, use and disinterment of burial sites; 5. Establishment of fees for service and permits issued in connection with the cemetery; 6. Interment locations, space, capacity; 7. General access including pedestrian and vehicle traffic; and 8. Maintenance, landscaping, care, construction, repairs and grave preparation. C. Said rules and regulations will be on file with the city clerk and available for perusal by any interested person upon request during regular city business hours. D. Within the guidelines established by said rules and regulations, the city manager will have the final administrative responsibility for management of city owned cemeteries. 7.20.035 Operation of cemetery. The city reserves the right at any time to enlarge, reduce, replat or change the boundaries of city cemeteries or any part thereof; to modifY, change location, move or regrade roads, drives, walks or any part thereof; to lay, maintain, operate, alter or change pipelines, gutters, sprinkler systems or drainage; and to relocate grave sites or allow disinterment upon proper legal authority. The city reserves for itself the perpetual right of ingress and egress over all plots for the purpose of maintenance, operations or any emergency work necessary to the operation of the cemetery. 7.20.040 Burial site reservations. A. Upon establishment of rules and procedures by city council resolution, burial sites may be reserved on a first come, first served basis by any person for himself or immediate family members to a maximum of ten (10) burial sites. In order to encourage family grave lot use and to discourage institutional speculation, funeral homes and other similar corporate or business entities are excluded from acquiring burial sites except for a specific immediate burial. -4- I I I CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 B. The city will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation. The city will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. C. Burial reservation rights to any unused plot may be relinquished to the city but may not be sold to a third party. D. Reservation fees for a space vacated due to exhumation will not be refunded, and the burial site will return to the pool of unreserved sites. 7.20.045 Cemetery funding. In order to provide for the management, operation and improvement of the cemetery, it will be the duty of the city to account for all receipts and expenditures arisingfrom burial site reservations, operation fees, donations and other sources to be exclusively used, under the direction of the city council, in payment for operations and improvements to the cemetery. 7.20.050 Grave preparation. All grave openings, closings, site preparation, interments, exhumations, marker placement and removals will be in accordance with rules and regulations adopted by the city council. 7.20.055 Standardsfor grave markers. No memorial marker will be accepted which does not conform to standards for memorials as specified in rules and regulations adopted by the city council. 7.20.060 Care of cemetery. A. The city will maintain or cause to be maintained the general cemetery appearance including any driveways, gates or fencing and may close access to such facilities for the protection of public property or to provide for the safety, health and welfare of the public. B. The city will take reasonable precautions to protect all grave markers within the city cemetery from loss or damage, but expressly disclaims any responsibility for loss or damage from causes beyond such reasonable precautions. The city will not be responsible for damages incurred directly or collaterally and caused by or resulting from thieves, vandals, malicious mischief or accidents. 7.20.065 Enforcement. The city manager or his designated representative will enforce all cemetery regulations. -5- CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 7.20.070 Prohibited acts. A. Devosit of Materials. No person will deposit any rubbish, filth, waste or other unclean or unsightly substance in the cemetery. B. Vehicle overation limitations. Except as authorized by the city manager or his designee for the operation off the cemetery, it is unlawful for any person to operate or drive any vehicle, motorized or non-motorized, in the cemetery except on the established roadways and in accordance with the city code. Vehicles may not exceed a speed of 10 MPH No vehicle may enter the cemetery exceptfor the purpose of attending funerals, visiting graves or other lawful mission. C. Nuisance conditions designated -- abatement. Any tree, shrub, plant, fencing or other structure, enclosure, decoration, headstone, tomb, marker or monument located on any individual grave space which becomes dangerous or detrimental to the operations of the cemetery or interferes with or encroaches upon adjacent grave spaces will be removed. D. Planting of trees. etc.. vrohibited without avvroval Qf city. No person may plant or set any tree, shrub, flower, grass or other plant of any kind in the cemetery without city approval. E. Proverty damage. It will be unlawful for any person, not properly authorized, to destroy, mutilate, cut, remove, break, deface or injure any trees, shrubs, plants, ornaments, walks, sidewalks, fences, gateposts, monuments, markers or other things used in or belonging to the cemetery. F. Animals. It is unlawful to ride or drive any animal upon, over or across the lands or lots of any cemetery except on established vehicle ways; or to hitch or tie any animal to any trees, shrubs, plants or other ornament within any cemetery; or permit any animal to be pastured in the cemetery. It is unlawful to bury any animal remains in the cemetery. G. Noise. It is unlawful for any person, except a city employee or contractor in the performance of his duty in caringfor the cemetery, to willfully make any unnecessary noise or disturbance within the cemetery. 7.20.075 Violation-penalty. Any person, firm or corporation who violates any provision of this chapter will, upon conviction thereof, be fined in an amount not exceeding three hundred dollars ($300.00). Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. Section 2. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of September, 1996. -6- . I CITY OF SEWARD, ALASKA ORDINANCE NO. 96-27 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Anderson, Bencardino, Crane, Deeter, Keil, King, Sieminski None None None I , . (City;Sb~l) .~~. " ), , ~ ~) "~, , lo :~: ..~ .~ .-'. ~', ''',v -I' . f.;r ~ ~. ut '~ , It ,,__. , . .~ \;.. ',<'.. ~-;:~. ,,~-. ~ ~~ ."":,,, "Y;"" ,*,. ','" : "'.. '~ \'" ,J ~~~ -"Q. '. 0 ;:,," ,:'~.. "11!!l!Sf i ~ \II ,!,).t\\" l'< '~, , >' .' APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska -7-