HomeMy WebLinkAboutORD 2873BILL NO.14
ORD1NANCE NO.2873
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 4,ARTICLE 9,SECTIONS 04-09-01 THROUGH 04-09-13,INCLUSIVE,OF
THE CALDWELL CITY CODE,REGARDING THE CEMETERY;PROVIDING FOR
AN EFFECTIVE DATE;PROVIDING FOR SEVERABILITY;AND REPEALING ALL
ORDINANCES,RESOLUTIONS,ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED by the Mayor and City Council of the City of Caldwell,County of
Canyon,State ofldaho:
Section 1:That Chapter 4,Article 9,Sections 04-09-01 through 04-09-13,inclusive,of the
Caldwell City Code,entitled "Cemetery,"be amended as follows::
04-09-01:BURIAL AND DISINTERRING REQUIREMENTS:
(1)Title to Lot Required:No person shall be a1l6wed to bury their dead in the
Cemetery without first obtaining title to the lot in which they wish to bury or without
furnishing the written permission of the owner of said lot to the Sexton.Such
permitwritten permission from the owner of said lot shall be filed in the office of the City
C1erk,~aIlf1.--n No person shall disinter any body in said Cemetery except under the
direction of the Sexton.The Sexton shall require the written order of the owner of the lot
in which such body is buried,which order shall be filed in the office ofthe City Clerk.
(2)Exception:Provided,however,that any mortician or surviving heir wishing to
bury a body on a lot in which there is not record of title in the name of the deceased in the
office of the City Clerk,sush persons will be required to show some relationship to the
original owner as shown by the records of the office of the Clerk.This is to be done by
affidavit,under oath,and thensaid surviving heir shall be further required to sign an
indemnity agreement to the City to indemnify and save harmless the City from any loss,
damage,costs and expenses which the City may thereafter suffer,incur to be put to,pay
or layout by reason of such burial.Prior approval of the Mayor and City Couneil to Be
attained By persons requesting Burial.
04-09-03:LOTS AND SPACES:
(1)Record of Lot Sales:
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A.Both the Sexton and the Clerk shall keep a Cemetery record in
numerical order with an alphabet index of all deeds,transfers,orders and permits
provided for by this Article and shall designate the lot sold and the portion of any
lot occupied and the portion vacated by disinterment,by coloring or otherwise,
indicating the same on the plat which is to be a part of said record.Said record
shall also indicate the name,age,color and sex of the deceased,the date of death,
the name of undertaker employed and date of burial.
B.Any person desiring to transfer his ownership in a lot in said Cemetery
shall make application to the Clerk who shall prepare a quit claim deed for the
execution of such person.The City will charge a fee for said transfer,as set by
resolution of the city council oftliirty five dollars ($35.QQ)per SfJaee.
(4)City to Establish Specific Regulations:The City Council shall,upon petition
by the Clerk,establish fees,purchase prices and space regulation for Cemetery 10tsjJy
resolution.
04-09-05:ERECTION OF MONUMENT OR TOMBSTONE:
(A)It shall be unlawful for any person to place or allow to be placed any
monument or tombstone on any lot in said Cemetery except by permission of the Sexton.
It shall be unlawful for any person to place any footstone,fencing,curbing,retaining
wall,or cornerstone around or upon any lot in said Cemetery.All monuments and
tombstones on any lots or grave shall be based with granite stone,and no monument or
tombstone shall be composed of wood,tin,fabricated stone,or other fabricated material
unless approved by the Sexton.
(B)All Monuments must be set by a monument company which has filed with the
Sexton,at or before the time of installation,a CutTent liability insurance policy in the
minimum amount of $1,000,000.00.All monuments must have a cement foundation,
providing a minimum 6"concrete border surrounding said monument.
(C)All foundations must be set at ground level.
(0)Maximum foundation sizes are as follows:Single Space =48"x 24";Double
Space =96"x 24".
(E)Vases are permitted in all areas where they are not specifically prohibited in
this code or by the Sexton.The Sexton shall have authority to designate particular types
or styles of vases to be placed on any mausoleum,as well as the size,format,pattern and
font size of any niche or crypt faceplate contained in a mausoleum,to ensure uniformity
among faceplates.
PAGE 2
(F)All monuments placed over grave must be ground level unless approved by
Sexton.
(G)Section Specific Requirements:
1.In Block 58 and Block 71,the maximum foundation size shall be 36"x
24".Only flat monuments are permitted.Flat vases are permitted.No open can
holes or upright vases are permitted.
2.In the southern half of Block 69,the first four rows adjacent to Illinois
Avenue must be flat monuments.In the northern half of Block 69,the first eight
rows adjacent to Illinois Avenue must be flat monuments.All vases in Block 69
must be flat when turned down.All other lots in Block 69 may have upright
monuments and vases.
04-09-09:PERPETUAL CARE:
C.It shall also be the duty of the Clerk immediately upon the issuance of such
certificate to give the Sexton of said Cemetery sufficient written notice of such fact,so as
to enable the Sexton to give the proper lot such care as is provided in this Article.
(2)Previous Owners Have Right to Privileges of Perpetual Care:The
owner or owners of any and all lots in the Cemetery purchased without perpetual
care may have the right of perpetual care as provided in this Article by paying to
the Clerk a fee for said perpetual care,as set by resolution of the city counciltfle
Slim eftwefll)'five Elellars ($25.00)per burial spaee.
04-09-11:LIMITATIONS ON CARE BY OWNER:
(I)Slu'ubbery Planting:The planting of slu'ubbery will be permitted only by
permission of the Sexton in blocks one (I)through sixty-five (65)of the Cemetery.
Sluubbery planting is prohibited except by the City in blocks sixty-six (66)through
seventy (70)and in all future blocks added to the Cemetery.
(2)THbs anEl Plewer Pets PrehibiteEl;Exeept eH:}Ie mbs er flewer pets shall be
permitteEl withiH the Cemetery eJleept ef a stanElarEi yariety speeifieEl by the CeliHeiI,anEi
Het mere than eHe (I)ef eaeh shall be permitteEi eH eaeh graye,exeept that this previsieH
PAGE 3
shall not aj'lflly to the aeeoration of graves on the Cemetery lots for one (l)week after
Memorial Day.Artificial and fresh cut flowers are permitted so long as they do not
restrict grounds maintenance.All other decorations (including,but not limited to,tubs
and flower pots,balloons,pinwheels,wind socks,wind chimes,toys,stuffed animals,
planter boxes,flags,pictures,etc.)are not permitted,except during the designated
holidays listed below,and for a period of one week thereafter:Valentine's Day,Easter,
Mother's Day,Memorial Day,Father's Day,Veteran's Day,Halloween,Thanksgiving,
and Christmas.All decorations not expressly permitted above that are placed or left on
graves more than a week after a designated holiday may be removed and disposed of at
any time by cemetery personnel.At all times,the Sexton shall have the authority to
remove any decorations that he or she deems inappropriate,unsightly or messy.
(3)With respect to mausoleum buildings,artificial and fresh cut flowers are
allowed at all times in designated areas.All flowers may be removed by cemetery
personnel when they become unsightly.The size of floral arrangements should not
encroach on adjoining crypts and niches.Embellishment of vases,crypts or niche fronts
with photographs,cards,toys,ribbons,pinwheels,etc.is not permitted,and any such
items may be removed by cemetery personnel.
04-09-13:INJURY TO CEMETERY PROPERTY PROHIBITED;LOITERING
AND TRESPASSING;MOTOR VEHICLE AND PARKING REGULATIONS:
(A)PROPERTY DAMAGE.It shall be unlawful for any person to remove or
carry away or break,deface,destroy or othetwise injure any monument,tombstone,tree,
shrub,plant,vase,railing,gate or other property,article or thing belonging or placed or
erected within the Cemetery or to open,disturb or molest any grave therein.This shall
not prohibit acts by duly authorized cemetery officers and employees,or public officials,
in carrying out their duties.
(B)APPLICATION OF CITY LAWS.All provisions of the city code now in
force or hereafter enacted,relating to and defining public offenses in the city,shall,
insofar as the same shall be applicable,be in full force and effect in the city cemetery.
(C)UNLAWFUL ENTRY.It shall be unlawful for any person or persons,other
than duly authorized officers,officials or employees of the city,to enter into or be upon
the cemetery grounds of the city during the time beginning one-half (1/2)hour after
sunset and ending one-half (1/2)hour before sunrise of any day without first obtaining
the pennission of the sexton or city officer in charge of said cemetery.
(D)TRESPASS,LOITERING;EXCEPTIONS.It shall be unlawful for any
person to loiter or trespass upon lots and graves of the city cemetery or for the parent or
guardian of any child under the age of sixteen to petmit such child to be within said
cemetery grounds unless accompanied by an adult person.Provided,nothing herein shall
be construed to prohibit any person having lawful business in the cemetery in connection
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with improvement thereof or persons visiting the graves of relatives or friends from being
in said cemetery in accordance with the law and any rules or policies governing the
cemetery.
(m SPEEDING.It shall be unlawful for any person to drive any vehicle in the
cemetery faster than ten (I 0)miles per hour.
(F)OPERATION OF VEHICLES AND PARKING.
(1)No person shall drive or move any vehicle within the cemetery except
over a roadway open for vehicular traffic,or obstruct any path or driveway within
the cemetery open to vehicular traffic.No person shall use the cemetery grounds
or any driveway therein as a public thoroughfare or drive any vehicle through said
grounds except for pillJJoses of making deliveries in the cemetery,attending a
graveside service or burial service,or visiting any grave site.
(2)The cemetery sexton and his or her assistants are hereby authorized to
direct all vehicular traffic and to direct the parking or standing of all vehicles in
said cemetery.No person shall disobey or disregard the directions of the sexton
relating to the movement or standing of all vehicles within said cemetery.
Section 2:All ordinances,resolutions,orders or parts thereof in conflict herewith are hereby
repealed,rescinded and allllulled.
Section 3:This ordinance shall be in full force and in effect from and after its passage,approval
and publication,according to law.
Section 4:This ordinance is hereby declared to be severable.If any portion of this ordinance is
declared invalid by a court of competent jurisdiction,the remaining provisions shall continue in
full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL,IDAHO,this 4 th of April,
2011.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL,IDAHO,this 4 th of April,
2011.
ATTEST:
Mayor Garret 1.Nancolas
PAGES
ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.2873
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
4,ARTICLE 9,SECTIONS 04-09-01 THROUGH 04-09-13,INCLUSIVE,OF THE CALDWELL
CITY CODE,REGARDING THE CEMETERY;PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY;AND REPEALING ALL ORDINANCES,RESOLUTIONS,
ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH.
Section 1:Amends Chapter 4,Article 9,Sections 04-09-01 through 04-09-13,of the Caldwell City Code,
by updating grammar and usage;providing that transfer fees for transferring a cemetery lot shall be as set
by resolution of the city council;codifying previously existing policies at the cemetery pertaining to
monuments,including their sizing and placement,vases,and section specific requirements;requiring that
monument companies provide evidence to the Sexton of a current liability insurance policy in the
minimum amount of $1,000,000.00;providing that the fee for perpetual care,when purchased by a person
already owning a lot in the cemetery,shall be as set by resolution of the city council;providing
regulations respecting the decoration of lots and mausoleum buildings with flowers and similar items,and
also respecting wheu such decorations are permitted and for what length of time;providing that all city
code provisions defining public offenses apply in the cemetery;providing that it is unlawful for
unauthorized persons to enter into or be upou cemetery grouuds during the time beginning one-half (112)
hour after sunset and ending one-half (1/2)hour before sunrise;providing that it shall be unlawful for any
person to loiter or trespass upon the lots or graves of the cemetery,or for the parent or guardian of any
child under the age of sixteen to permit such child to be within the cemetery unless accompanied by an
adult;providing that it shall be unlawful for any person to drive any vehicle in the cemetery faster than
ten (10)miles per hour;prohibiting driving in the cemetery except on designated roadways and the use of
the cemetery as a driveway or thoroughfare;and,providing that the Sexton shall have the authority to
direct traffic and parking within the cemetery.
Sections 2 through 4:Repeals conflicting ordinances,resolutions and orders;provides that this
ordinance shall be in full force and effect from and after its passage,approval,and publicalion,according
to law;provides for severability.
Ordinance No.2873 provides an effective date,which shall be when published iu the Idaho Press Tribune
on the IIlh day of April,2011.Ordinance No.2873 was passed by the Council and approved by the
Mayor on thc 41h day of April,2011.The full text of the Ordinance is available at Caldwell City Hall,621
E.ClevelaIld Blvd.,Caldwell,Idaho 83605.The Mayor and City Council approved the foregoing
summary on thc 41h day of April,2011,for publication on the III'day of April,2011 pursuant to Idaho
Code §50-90 I A.
Mayor Garret L.Nancolas
ATTEST:Debbie Geyer,City Clerk
STATEMENT OF LEGAL ADVISOR
I havc reviewed the foregoing summary and believe
that it provides a !rne and complete summary of Ordinance
No.2873 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this 4 1h day of April,20 II
.J\SAaron Seable,Attorney for City of Caldwell