Sec. 7-1. - Burials in cemeteries only.
Sec. 7-4. - Permits before disinterment.
Sec. 7-5. - Disposition of amputated human limbs.
Sec. 7-6. - Removal of bodies from scene of death; consent of family or authorities.
Sec. 7-8. - Release of bodies of deceased persons.
Sec. 7-9. - Use of undue influence to obtain release of body in morgue.
Sec. 7-10. - Violation of sections 7-6 through 7-9.
Sec. 7-1. - Burials in cemeteries only.
No human remains shall be buried anywhere within the city except in cemeteries now actually laid out for, and legally dedicated to such purposes and, with the consent of the city council evidenced by resolution, in land adjacent to an existing cemetery which has been or may be acquired by such cemetery and dedicated to cemetery purposes in accordance with state law.
(Code 1959, § 9-3)
The bodies of all persons shall be interred in a grave not less than five (5) feet deep.
(Code 1950, § 10-6; Code 1959, § 9-4)
(a)
The director of public health shall cause any human remains interred in any place within the city limits, other than as provided in section 7-1, to be at once disinterred, removed and reinterred as is provided in the case of pauper dead; the cost of which shall be a charge against the person violating this section and shall be collected as are other claims due the city.
(b)
Disinterment of concrete vaults will be made only by special contract between the vault manufacturer and the city. Cemetery employees will open the grave but will not remove the vault therefrom.
(c)
Disinterment for an inquest by court order will be made by the coroner or his lawful agent. Cemetery employees will not participate in any way. No liability for damage to casket or outer container will be assumed by the city in connection with disinterment or removal.
(d)
The coroner or his lawful agent will furnish the city with proper permits and legal instruments regarding disinterments.
(Code 1950, § 10-3; Ord. No. 24901, § 1, 4-18-57; Code 1959, § 9-3; Ord. No. 39758, § 12, 7-29-71)
Sec. 7-4. - Permits before disinterment.
No body shall be disinterred without a permit from the director of public health; provided, no permit of any nature is required for transfer of a body from one grave to another in the same cemetery.
(Code 1950, § 10-7; Code 1959, § 9-5)
State law reference— Cemeteries, Vernon's Ann. Civ. St. art. 912-1 et seq.
Sec. 7-5. - Disposition of amputated human limbs.
Every physician, surgeon or other person whomsoever shall amputate any portion of the human body shall immediately bury or cause to be cremated, under the direction of the cemetery operation supervisor, such amputated portion, and within twelve (12) hours make report in writing to the director of public health, showing the exact disposition of the amputated portion of the human body and where buried or cremated.
(Code 1950, § 10-4; Code 1959, § 9-6)
Sec. 7-6. - Removal of bodies from scene of death; consent of family or authorities.
(a)
The body of any person who shall die within the city, or who shall die while in transit within the city, shall be immediately removed from the scene of death to the Robert B. Green Memorial Hospital, upon the order of the medical examiner, sheriff or deputy sheriff, constable or regular deputy constable, or a regular policeman of the city, except as otherwise directed by a member of the immediate family of the deceased person.
(b)
It shall be unlawful for any person to remove a body from any location within the city, without consent of the immediate family or proper legal authorities, to any place other than the Robert B. Green Memorial Hospital.
(Code 1950, §§ 10-43, 10-46; Code 1959, §§ 9-7, 9-8)
The body of any person who died under suspicious circumstances shall be received by Robert B. Green Memorial Hospital and shall immediately be examined and a proper test of death shall be made, and the body shall be held for identification. The police department shall promptly notify the next of kin or other members of the family and give all possible aid and assistance to other authorities in contacting the next of kind or other members of the family of the deceased.
(Code 1950, § 10-44; Code 1959, § 9-9)
Sec. 7-8. - Release of bodies of deceased persons.
The Robert B. Green Memorial Hospital shall release the body of a deceased person only upon written instructions of the next of kin or an authorized member of the family of the deceased to whatever funeral home directed after the release by the coroner in charge, if any, or if there is no coroner, by proper legal authorities, viz: the chief of police, or captain of police in charge, or lieutenant in charge of homicide, according to the manner provided by the hospital for disposition of such body, and the hospital shall keep a permanent record of all such cases.
(Code 1950, § 10-45; Code 1959, § 9-10)
Sec. 7-9. - Use of undue influence to obtain release of body in morgue.
It shall be unlawful for any person to unlawfully solicit, persuade or use any undue influence or attempt to solicit, persuade or use any undue influence to obtain the release of any body held in the city-county morgue.
(Code 1950, § 10-47; Code 1959, § 9-11)
Sec. 7-10. - Violation of sections 7-6 through 7-9.
Any person who violates any of the terms, conditions or regulations contained in sections 7-6 through 7-9 shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided in section 1-5 of this Code. If the person so found guilty shall be a funeral home or funeral establishment or any licensed funeral director or embalmer under the laws of the state, the court shall certify the findings thereof to the state board of morticians.
(Code 1950, § 10-48; Code 1959, § 9-12)