§ 10-25. Interments, etc.

(a)

Time; charges; procedure. All interments, disinterments and removals must be made at the time and in the manner and upon payment of such charges as may be determined by the city council.

(b)

Application for interment. The management shall have the right to refuse interment in any grave and to refuse to open any burial space for any purpose, except upon written application by the grave owner of record or a representative or relative of such grave owner made out on forms provided by the management and duly filed in the office of the management.

(c)

Location of interment space. When instructions regarding the location of an interment space in a lot cannot be obtained, or when such instructions are indefinite, or when, for any reason, the interment space cannot be opened where specified, the management may, in its discretion, open such interment space in such part of the lot as the management may deem best under the circumstances, so as to avoid delaying the funeral; and in such case, neither the city or any of its employees shall be liable for any error in failing to open the interment space in the proper location.

(d)

Orders given by telephone. The management shall not be held responsible for any order given by telephone or for any mistake resulting from want of precise and proper instructions as to the particular space, size and location in a lot where interment is desired.

(e)

Correction of errors. The city shall have the right to correct any error which may be made by it either in making interment, disinterment or removal, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and conveying in lieu thereof other interment property of equal value and similar location insofar as may be possible, or by refunding the amount of money paid on account of the purchase of the property. In the event such error shall involve the interment of the remains of any person in a different location, the management 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 conveyed in lieu thereof.

(f)

Delays in interments caused by protests. Neither the city nor any of its employees shall be liable for any delay in the interment or where there has been a failure to comply with the rules and regulations. The management shall be under no duty to recognize any protests of interments unless such protests shall be in writing and shall have been filed in the office of the management.

(g)

Responsibility for identity or embalming. The management shall not be liable for interment permit nor for the identity of any body sought to be interred or cremated, nor shall the management be liable in any way for the embalming of any body.

(h)

Property paid for. No interment shall be permitted in any lot or grave in any cemetery, nor shall any memorial be placed thereon, where the purchase price of the lot or grave shall not have been paid in full.

(i)

Interment of more than one body. Not more than one body, or the remains of more than one body, shall be interred in one grave or vault, except in the case of a mother and her newborn infant, nor shall interment be permitted unless proper identification shall be made of such interment or interments on one regulation memorial or marker. No grave shall be reopened for the interment therein of an additional body, or the remains of an additional body provided however that up to two urns containing cremated remains may be placed in a lot not designated as an urn lot.

(j)

Interment in vaults, grave liners or cremation containers. All interments must be made in vaults, grave liners or cremation containers of cave-resistant, non-deteriorating material. Should a grave sink or settle, the city has the right to remove the sod and refill the grave without asking or receiving permission of the lot owner.

(Ord. of 5-3-2010; Ord. No. OA-16-02, 9-19-2016 )