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HomeMy WebLinkAboutORD2024-004 Amending Cemeteries and Burials Sponsored by: Planning and Zoning Commission Introduction Date: January 22,2024 Public Hearing Date: February 12, 2024 Amended and Enactment Date: February 12, 2024 CITY OF SEWARD,ALASKA ORDINANCE 2024-004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AMENDING SEWARD CITY CODE 7.20—CEMETERIES AND BURIALS WHEREAS, the cemeteries within Seward are a treasured and historic aspect of the community and should be protected and maintained in a manner that brings honor and respect to those whose graves reside there; and WHEREAS, a Cemeteries Management Action Plan was adopted in 1996 that provided recommendations for the future development and general management and maintenance of the cemeteries within Seward; and WHEREAS, on June 23, 1997, the City Council approved Resolution 1997-094, establishing cemetery fees, rules, and regulations; and WHEREAS, the rules and regulations established in Resolution 1997-094 were not codified; and WHEREAS, due to lack of visibility in code, the regulations were either forgotten or difficult to enforce,and the effects of inadequate management of city cemeteries over the past two decades has become very apparent; and WHEREAS, on August 1, 2023, and November 21, 2023, the Planning and Zoning Commission held work sessions to discuss how to improve the management of city cemeteries through updating the rules and regulations within city code. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS,that: Section 1. Seward City Code Title 7.20 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 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. CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 2 of 10 (Ord. 96-27) 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. Burial (interment). means The permanent disposition of the remains or cremains of a deceased person by crypt or vault entombment, inurement placement of cremains in a niche or container, or earth burial. Burial plot. means A single platted parcel of land within a cemetery designed for interment of human remains. Includes grave, plot, site or space. Burial preparation. means The excavation, backfill and removal of excess material from a burial lot and replacement of the turf. Cremains. Means The cremated remains of a deceased person. Columbarium. A structure that is designated for the interment of funerary urns holding cremains of the deceased. Cemetery. A private or public parcel of land used for the disposition of the remains or cremains of deceased individuals. City. means The city of Seward. Disinterment (exhumation) mo ns The legal removal of the remains of a deceased persons whether buried or cremated,placed the ground, or in a columbarium. Interment. The permanent disposition of the remains of a deceased person whether buried or cremated, placed in the ground, or in a columbarium. Interment Bnfial permit. means-A valid city permit allowing the burial of a deceased person in any cemetery or placement in a columbarium. Interment Grave reservation permit. means A revocable use permit to reserve a burial plot(s)or columbarium niche(s) in the cemetery for an individual(s) that is(are) not yet deceased. Marker. Any above ground structure used for the identification of the interred and to identify the interment site. Includes headstone, memorial, monument, or niche marker. Natural Burial. The interment of the remains of a deceased person in the ground in a manner that does not inhibit decomposition but allows the remains to be naturally recycled. Natural burial is not allowed in a columbarium. CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 3 of 10 Perpetual care. meansAttending to the normal and reasonable maintenance of burial interment plots, the grounds, walks, roadways, boundaries and structures in order that the grounds shall remain and be reasonably cared for as cemetery grounds forever. y-of b •, , trees or other plants on any lots and grave speeeslieFtlie-repaifingrremmoval eplacemenr Remains. Any part or parts of the body of a deceased person, including cremains. Reservation. Reserving a burial plot(s) or columbarium niche(s) in advance of interment, and does not imply any fee simple transfer of ownership. (See "interment reservation permit.") (Ord. 96-27) 7.20.020 Generally applicable to private and public cemeteries. A. It shall be unlawful to bury any human remains within the corporate limits of the city except in a platted and duly authorized cemetery. There are no city or state laws governing where cremains may be kept or scattered outside of cemeteries. A.B Permits, fees, and deposits required. 1. Th e shall bo „ h„ „lam exh, „tio ithi cemetery with: tho it, a iva.r The applicant shall be responsible for all required city and state permits. 2. A State burial-transit permit must accompany the interment permit application. 3. A city interment/disinterment permit issued in accordance with the provisions of this chapter is required for any interment or disinterment within any cemetery within the city or under city ownership. The required permit fee is non-refundable. 2.4. City and state permitting will be in addition to any provisions or authorization, if required, in cemeteries owned and/or operated by private organizations within the city, including the American Legion Cemetery, Masonic Cemetery, and Pioneers Cemetery. 5. Any individual digging in the cemetery to prepare a burial plot for interment or disinterment is required to first obtain a free burial preparation permit. CITY OF SEWARD,ALASKA ORDINANCE 2024-004 Page 4 of 10 6. A site closure deposit,provisionally refundable, is required at the time the interment/disinterment permit is obtained. The individual who acquired the interment/disinterment permit is responsible for providing proof to the city of proper removal of excess soil and mound from the burial plot prior to issuance of a refund. 7. A marker deposit,provisionally, refundable, is required at the time the interment permit is obtained. The individual who acquired the interment permit is responsible for providing proof to the city of a proper installation of a permanent marker on the interment site within one year of interment. 8. A columbarium niche marker fee is required at the time the interment permit is obtained to cover the cost for the city to have a niche plaque made and permanently placed on the nice door within one year of interment. B. Burial. E. Markers: D.C.Records. 1. The city will permanently maintain records of all interment and disinterment 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 locations of all interment and disinterment activity. The city will not be responsible for the accuracy of burial records prior to the enactment date of this chapter. (Ord. 96-27) 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, both filed in the Seward Recording District and owned by the City of Seward, are hereby set aside and dedicated for cemetery purposes as a burial place for the dead and, subject to the CITY OF SEWARD,ALASKA ORDINANCE 2024-004 Page 5 of 10 provisions of this chapter, are open to all persons regardless of race, creed, color, religion, OF national origin,political affiliation, age,gender identification, or gender orientation. B. The historic Woodlawn Cemetery is located outside city limits considered to be historic and is not open to new burials interments, and is not subject to marker standards. The "City Cemetery"at Coolidge Drive includes the Oddfellows Cemetery and the Jesse Lee Home Cemetery. C. The city manager will cause the city cemetery to be surveyed, laid out and platted into burial lots, duly numbered, and all columbaria duly located and niches numbered, and a map thereof made and available for the public to view. (Ord. 96-27) 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. B. The city manager may promulgate rules and regulations, subject to approval of the City Council, governing the use, maintenance and operation 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, interment 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 burial site preparation. • • D C. Within the guidelines established by said rules and regulations, the city manager will have the final administrative responsibility for management of city owned cemeteries. (Ord. 96-27) CITY OF SEWARD,ALASKA ORDINANCE 2024-004 Page 6 of 10 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 burial 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. (Ord. 96-27) 7.20.040 Burial Interment site reservations. A. Upon establishment of rules and procedures by City Council resolution,burial sites may be reserved for an individual not yet deceased, on a first come, first served basis by any person for himself or immediate family members to a maximum of ten 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. B. The city manager will maintain burial reservation records to include at a minimum the name and address of the permittee and the date of reservation. The city manager will not authorize the use of reserved burial sites by anyone other than the purchaser or his properly designated representative. C. Burial Interment site 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 disinterment will not be refunded, and the burial interment site will return to the pool of unreserved sites. E. The individual holding an interment site reservation is responsible for contacting the city and renewing their reservation permit every 5 years. If the permit has not been renewed the city reserves the right to release the reserved site. 1. No fee will be charged for renewal or release of a reserved plot. 2. Interment site reservation fees are non-refundable. (Ord. 96-27; Ord. No. 2023-008, § 1,4-10-2023) 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 arising from 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. CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 7 of 10 (Ord. 96-27) 7.20.50 Grave Burial preparation and use of columbaria. A. Standards for burials: 1. Applicant will be responsible for city and state permits, burial plot openings, closings, site preparation, interments, disinterments, and marker placement according to the regulations of this Chapter 7.20. 2. Full-size plots shall be a maximum dimension of 5 feet wide by 10 feet, and a minimum depth of six feet, with a minimum of 42"of depth between the ground surface and the top of the casket or remains. 3. Cremains plots shall be a maximum dimension of 2 feet by 2 feet, and deep enough to allow 24"between the ground surface and the top of the urn or cremains. 4. Only one deceased person shall be buried in one burial plot. 5. Excavated materials shall not be placed, even temporarily, upon another grave site. Materials shall be placed or stored off site or in a vehicle. 6. The ground surface of all burial plots shall be maintained at the same elevation as the surrounding surface. B. Use of columbaria: 1. Applicant will be responsible for all required city and state permits. 2. The cremains of more than one deceased person may be interred in one columnbarium niche provided that the applicable fees and permits are paid and the urn is labeled with the permit number. 3. Cremains must be contained in a durable container such as a funerary urn. 4. Applicant will be required to pay a niche marker fee to cover the cost for the city to have a plaque made and permanently placed on the niche door. 5. The city will be responsible for opening and closing the niche at no additional cost to the applicant. 6. Applicant is responsible to notify the city at least one week prior to the desired date for a niche opening and closing. (Ord. 96-27) CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 8 of 10 7.20.055 Standards for gee burial markers and decorations. A. No memorial marker will be accepted which does not conform to the following standards: 1. No more than (I) marker per plot shall be allowed. 2. Markers may not be larger than 4 feet by 2 feet at the base and 3 feet in height. 3. Markers must be constructed of materials that will not decay, rot, or decompose. 4. Upright markers must be set on and affixed to a single poured concrete or granite base. B. Plants and Decorations 1. Placement of flowers and plants. Live plants, freshly cut flowers, wreaths, or flower baskets may be placed on or immediately adjacent to a marker on an interment location. Flowers shall not be placed in glass or ceramic vases, or attached to trees, shrubs, fences, or gates. 2. Placement of other decorations. Figurines, statues, balloons,personal items, and other similar decorations are not allowed in the cemetery and are subject to removal by the city as described below. 3. Removal of decorations. The city shall conduct regular ground maintenance and will remove all decorative items and unsightly plants/flowers from interment locations at the city's discretion. The city will not be responsible for providing advance notice of when maintenance activities are to occur. The city assumes no responsibility for the return of items placed on an interment location. Items disposed of by the city will not be recoverable. 4. Responsibility for decorations. Any decoration placed by any individual is the responsibility of that individual. The city does not guarantee that any items placed on any interment site or columbarium niche will be protected in any way from the elements, wildlife, thieves, or vandals. All items placed are at the risk of the individual and subject to disposal by the city. The city is not responsible for damage or liable for the return of items placed on or near an interment location. (Ord. 96-27) 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. Maintenance includes mowing at reasonable intervals, removal of rubbish, general care •.] and pruning of trees and shrubs that may be along the walks, roadways, and boundaries. CITY OF SEWARD,ALASKA ORDINANCE 2024-004 Page 9 of 10 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 burial spaces, nor the repairing, removal, replacement, reconstruction or maintenance of markers or memorials;nor the construction or reconstruction of any marble,granite, bronze or concrete work on any plot where same is damaged from any cause whatsoever. R.C.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. (Ord. 96-27) 7.20.065 Enforcement. The city manager or his designated representative will enforce all cemetery regulations. (Ord. 96-27) 7.20.070 Prohibited acts. A. Deposit of materials. No person will deposit any rubbish, filth, waste or other unclean or unsightly substance in the cemetery. B. Vehicle operation limitations. Except as authorized by the city manager or his designee for the operation of 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 except for the purpose of attending funerals, visiting graves or other lawful mission. C. Nuisance conditions designated—Abatement. Any existing 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., . No person may plant or set any tree, shrub, flower, grass or other plant of any kind in the cemetery . E. 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. F. Noise. It is unlawful for any person,except a city employee or contractor in the performance of his duty in caring for the cemetery, to willfully make any unnecessary noise or disturbance within the cemetery. CITY OF SEWARD, ALASKA ORDINANCE 2024-004 Page 10 of 10 G. Fences. No person may construct enclosures, such as picket fences or anything else that establishes a perimeter around an interment site. H. Benches. No person may place a bench on a burial plot or on cemetery grounds. (Ord. 96-27; Ord. No. 2023-008, § 1, 4-10-2023) 7.20.075 Violations—Penalties. Any person, firm or corporation who violates any provision of this chapter will, be subject to a fine as provided in section 1.05.010. Each day such violation is committed or permitted to continue will constitute a separate offense and will be punishable as such hereunder. (Ord. 96-27; Ord. No. 2023-008, § 1,4-10-2023) Section 2.This ordinance shall take effect ten (10) days upon enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA this 12th day of February 2024. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: Wells, Crites, Barnwell, Calhoon, Finch, Osenga, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: / v � Kris Peck City Clerk (City Seal) `y.• OF SELL,,, % F. • SEAL • / Aq %q;FOF A-P'5 s`•. �fffflit0 Ordinance 2024-004 City Council Agenda Statement 9 Meeting Date: January 22,2024 To: City Council Through: Kat Sorensen, City Manager From: Courtney Bringhurst,Acting Community Development Director Subject: Ordinance 2024-004: Amending Seward City Code 7.20—Cemeteries and Burials Background and justification: A Seward Community Cemeteries Management Action Plan was adopted by the City Council through Resolution 1996-083. The Action Plan outlined the history of the cemeteries within Seward and provided recommendations for future development and general management and maintenance of the cemeteries. On June 23, 1997,the City Council approved Resolution 1997-094,which established cemetery fees,rules, and regulations. These rules and regulations were not codified, and through a combination of either forgetting what had been established,or insufficient means to enforce the regulations,the cemetery was not managed according to what had been established. To prevent this from happening in the future, and to provide clear directions for the management of cemeteries within the City of Seward, Title 7.20 — Cemeteries and Burials is being updated to include specific management guidelines. The Planning and Zoning Commission held work sessions on August 1 and November 21,2023,to discuss changes and recommendations for Title 7.20—Cemeteries and Burials. Our cemeteries are a treasured part of Seward and should be treated with respect and care. Codifying the regulations for managing the cemeteries in Seward will prevent them from being neglected and unorganized. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1 Chapter 2 —2.2.3 Community Appearance: "We value a clean, well- maintained community, beautification through landscaping, and restoration of our historic structures." Strategic Plan: N/A Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation(✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact 75 Ordinance 2024-004 Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Fund Balance Information Affected Fund(✓): General SMIC Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ Finance Director Signature: Attorney Review e✓ Yes Attorney Signature: /s Kody P. George Not applicable Comments: Administration Recommendation e✓ Adopt AM Other: 76