Sec. 7-31. - Cemetery maintenance.
Historic city cemeteries shall mean the following cemeteries owned by the city: City Cemetery #1, City Cemetery #2, City Cemetery #3, City Cemetery #4, City Cemetery #5, City Cemetery # 6, Knights of Pythias, Independent Order of Odd Fellows, and Dignowity. In addition, the following cemeteries under the possession and control of the city are considered historic city cemeteries: St. Elmo Lodge, Beacon Light Masonic, United Brothers of Friendship, Grand United Order of Odd Fellows, and San Antonio Lodge #1, as well as any other cemeteries which come into the possession and control of the city through a lack of maintenance on the part of the cemetery owners, the department of parks and recreation shall maintain an official list of historic eastside cemeteries.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
The department of parks and recreation provides oversight for the maintenance and operation of the historic city cemeteries and has the right to adopt rules, regulations and restrictions from time to time as necessary.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
The historic city cemeteries are open daily from dawn to dusk.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
No family plots or individual grave sites will be sold by the city.
An owner of a family plot or individual grave may request from the city permission to bury human remains in the historic city cemeteries. The owner must provide documentation to the city, in a form and content acceptable to city, evidencing ownership and the consent of all persons with an ownership right, to the requested burial. In the event the documentation supports a claim of ownership but initial digging reveals that the gravesite already contains human remains, the claim shall be denied and the owner shall not be allowed to bury the human remains.
The owner is responsible for providing information to the city regarding the deceased; including but not limited to, name, date of birth, date of death, planned date of burial, name of funeral home, a copy of the report of death certificate, and other burial information requested by the city.
The owner is responsible for contracting for the burial of the deceased with one or more entities that hold all required licensed and/or certifications. The owner is also responsible for contracting for all other desired services, including tents, chairs, monuments and foundations. Burials may occur any time the cemetery is open. The owner is responsible for all costs associated with the burial.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
Disinterments must be made at such time and in the manner directed by the city, work is to be performed by an entity that holds all required licenses and/or certifications, and in compliance with all applicable laws, ordinances and requirements of the state, county and city.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
Sec. 7-31. - Cemetery maintenance.
The city shall be responsible for mowing, trimming, tree maintenance at its discretion and other routine maintenance at the historic city cemeteries. This includes, but is not limited to, tree or shrub removal or pruning. Grave owners, heirs, or family members shall also have the right to provide maintenance services at their property, if they elect to do so; however, this excludes the planting of any trees or shrubs.
Decorations are permitted but the city at its discretion shall have the right to remove any floral or plant materials that are dead or wilted.
The director of the department of parks and recreation shall have full authority to adopt any other rules and regulations necessary for the proper functioning of the historic city cemeteries.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
The city is responsible for maintaining burial records in its possession and will provide information regarding the location of graves based on those records.
(Ord. No. 2010-10-21-0910, § 2(Att. II), 10-21-10)
FOOTNOTE(S):
(44) Editor's note— Ord. No. 2010-10-21-0910, § 2(Att. II), adopted October 21, 2010, amended article II in its entirety to read as herein set out. Formerly, article II, divisions 1 and 2, pertained to San Jose Burial Park and city cemeteries, and derived from the Code of 1950, Ch. 10, §§ 10-20—10-30, 10-32, 10-34, 10-36—10-38, 10-40—10-42; Ord. No. 25690, §§ 3—9, 12—16, adopted October 24, 1957; the Code of 1959, §§ 9-3, 9-14—9-35; Ord. No. 31883, § 1, adopted November 14, 1963; Ord. No. 39758, §§ 1—8, 10, 11, adopted July 29, 1971; Ord. No. 45565, § 2, adopted August 7, 1975; Ord. No. 45566, § 2, adopted August 7, 1975; Ord. No. 48314, § 2, adopted July 28, 1977; Ord. No. 49446, § 1, adopted June 8, 1978; Ord. No. 49626, § 6, adopted July 27, 1978; Ord. No. 49671, § 1, adopted August 10, 1978; Ord. No. 52521, § 6, adopted July 24, 1980; Ord. No. 54281, § 7, adopted September 17, 1981; Ord. No. 55813, § 9, adopted September 16, 1982; Ord. No. 61335, §§ 11—13, adopted August 29, 1985; Ord. No. 63234, § 19, adopted July 16, 1976; Ord. No. 64612, § 1, adopted February 26, 1987; Ord. No. 67912, §§ 8, 9, adopted September 15, 1988; Ord. No. 74299, §§ 2—5, adopted September 12, 1991; Ord. No. 82818, § 1, adopted September 14, 1995; Ord. No. 86489, §§ 1—3, adopted August 28, 1997; Ord. No. 86609, §§ 19—21, 23—25, 27, adopted September 11, 1997; Ord. No. 92517, §§ 1—3, adopted September 14, 2000; Ord. No. 99739, §§ 1, 2, adopted September 16, 2004; Ord. No. 99752, § 1, adopted September 16, 2004; Ord. No. 101398, §§ 1, 2, adopted September 15, 2005; Ord. No. 2007-09-13-0973Q, § 1, adopted September 13, 2007. (Back)