NOTES
For statutory provisions on city cemeteries, see Gov. Code § 37683 et seq.; for provisions on permits for the disposition of human remains, see Health and Safety Code § 10375 et seq.; for provisions on dead bodies, see Health and Safety Code § 7000 et seq.

Prior ordinance history: Ord. 226 as amended by Ords. 256, 296, 297, 311, 316 and 321.

That certain map approved and adopted by the city council on June 3, 1929, and recorded April 9, 1929, in Volume 4A, Pages 64A and 64B, as amended by Resolution No. 6-19-67-F, in the office of the county recorder, constitutes the official map of Mountain Shadow Cemetery. A set of maps shall be kept on file in the office of the city clerk and a set at the office at Mountain Shadow Cemetery, available for inspection by any person interested therein. Said maps may be amended from time to time by resolution of the city council.

(Ord. 573 (part), 1982).

The office of superintendent of the cemeteries of the city is created, and the city administrator shall be designated and shall serve as superintendent of cemeteries.

(Ord. 573 (part), 1982).

The superintendent or his representatives shall have the privilege of making contracts of agreement for the care, maintenance, improvement or other work with grave and plot owners at the expense of said owners.

(Ord. 573 (part), 1982).

The general management and supervision of cemeteries shall be under the direction of the superintendent of cemeteries and a committee of two members of the city council appointed by the mayor.

(Ord. 573 (part), 1982).

The personnel of the maintenance department shall be responsible for work of improvement and maintenance of the cemetery, in addition to duties otherwise prescribed.

(Ord. 573 (part), 1982).

All purchases in excess of twenty-five dollars by the superintendent, in connection with the Old City Cemetery and Mountain Shadow Cemetery, shall first be submitted to the city council cemetery committee for its approval before such purchases are made. The superintendent shall not employ any person or persons on cemetery works unless first authorized to do so by the committee.

(Ord. 573 (part), 1982).

The superintendent shall report to the city council quarterly, in writing, the number and the names of all deceased persons buried during the preceding three months, in either cemetery, giving the block and grave number, name, age, sex, date of death and date of burial, and report any lots sold and reserved, with date and name of purchaser and amount received, and turn all money over to the city treasurer as received.

(Ord. 573 (part), 1982).

The superintendent shall keep a book, called "Record of Graves and Burials," at his office and at Mountain Shadow Cemetery, in which book shall be entered the name, age, sex, block and grave number, date of death and date of burial, and the names of all persons purchasing graves or lots and date of purchase. The superintendent will also enter upon the cemetery map or maps, in the space in which a burial is made or a grave is purchased and reserved, the name of the deceased person or name of person purchasing or reserving a grave. This map or series of maps and record book are to be kept at the office of the superintendent and at Mountain Shadow Cemetery. The record book and maps shall become a part of the city records, and shall be passed from each superintendent to his successor.

(Ord. 573 (part), 1982.)

It will be the superintendent's duty to supervise purchasers selecting a grave or lot and sell graves or lots for cash only. No grave or lot will be reserved without payment in advance. Upon the sale of graves or lots, the superintendent will issue a certificate of sale to purchaser and said certificate shall be deemed sufficient evidence of ownership of same, unless said persons desire a deed from the city for the same, which will be furnished at the purchaser's expense.

(Ord. 573 (part), 1982.)

The superintendent's duty and responsibility is to see that burials are made in their correct locations and boundaries, and to supervise staking-off locations of graves or lots for curbing, when requested by grave or lot owners, who desire to determine proper locations for curbing or headstones.

(Ord. 573 (part), 1982.)

All grave markers or headstones hereafter placed in the green section of Mountain Shadow Cemetery shall be of uniform thickness and flush with the surface of the ground, and shall not exceed twelve inches by twenty-four inches in size for a single burial in a grave, and shall not exceed twelve inches by thirty-six inches in size for a double burial in the same grave. No markers, monuments or headstones shall be placed on any grave in the green section unless flush with the surface of the ground. It shall be the duty of the superintendent to enforce this requirement.

(Ord. 573 (part), 1982.)

All graves must be marked, after they are filled, with permanent markers, showing at least the name, year of birth and year of death of the person buried therein. Such markers shall, as nearly as possible, be of a uniform size and appearance, and of letters and numbers, subject to the approval of the city council cemetery committee. Such markers may thereafter be subject to replacement by permanently set stone or metal markers permitted by this chapter. An approved type of grave metal marker as required in this chapter must be secured from the superintendent. It shall be the duty of the superintendent to carry out and enforce the provisions of this section.

(Ord. 573 (part), 1982.)

All stone grave markers or headstones hereafter placed in the green section shall be set or placed by supervision of the superintendent. The charge therefor shall be the actual cost thereof with a minimum charge of ten dollars for each such marker or headstone so set, and the sums collected for such service shall be paid into the city treasury.

(Ord. 573 (part), 1982.)

All stone grave-markers or headstones or monuments hereafter placed outside of the green section in the cemeteries shall be set or placed by supervision of the superintendent. The charge shall be the actual cost thereof, with a minimum charge of fifteen dollars for each such marker or headstone or monument so set, and the sums collected for such service shall be paid into the city treasury.

(Ord. 573 (part), 1982.)

It shall be the duty of the maintenance department to cut or remove, and dispose of all grass at least one per year in the spring or early summer, in Mountain Shadow Cemetery, and clean the cemetery of all debris, old flowers or floral pieces, and in general keep the cemetery in a neat and orderly condition at all times, make general and ordinary improvements, care for and water all shrubs and flowers when necessary and at least once per week during dry seasons in all sections of Mountain Shadow Cemetery. It is the further duty of the maintenance department to keep the green section watered, green, and the grass thereon cut at all times.

(Ord. 573 (part), 1982.)

It is the duty of the superintendent to require that curbings and cement work and stone masonry are properly placed and constructed, and conform with the boundary lines of block, lot or grave. Any such works in the city cemeteries shall be constructed in accordance with the following minimum standards:

1. Concrete used in curbings or on a grave must be of a minimum mixture of five-to-one of washed gravel and cement, with a sand-finished coating of a two-to-one mixture of washed sand and cement.
2. All stone or cement curbing constructed must have at least two rows of one-half-inch diameter steel all-around curbing, and all steel shall be bent at an angle at each end and on all corners in such curbing, whether such curbing is constructed of stone or concrete.
3. All such curbing shall be constructed on a concrete foundation not less than sixteen inches wide, and not less than twelve inches deep below grade.
4. No rock or concrete work or construction shall be done on private plots in the cemeteries on Saturday and Sunday of each week.

(Ord. 573 (part), 1982.)

It is unlawful for any persons to cut, break, pluck, remove or in any manner destroy or injure any tree, shrub, plant or flower or to destroy or molest any bird eggs or any bird nests within the boundaries of any city-owned cemeteries.

(Ord. 573 (part), 1982.)

It is unlawful for any person, firm or corporation to deposit rubbish, grass, shrubs, cuttings or other material or substance in any of the paths, roadways or driveways of cemeteries; or for any person engaged in the placing of grave markers, curbings or other structures to scatter materials on adjoining lots, walls or driveways, or leave the same on the ground any longer than is necessary for the completion of such work.

(Ord. 573 (part), 1982.)

It is unlawful for any person to enter either cemetery with any dog or other animal or to carry any firearms upon his person. It is unlawful for any person, except a funeral director, to enter the grounds of said cemeteries at any time between one-half hour after sunset and one-half hour before sunrise without the written permission of the superintendent. No children shall be admitted unless accompanied by some adult person who shall be responsible for their conduct.

(Ord. 573 (part), 1982.)

No burial, disinterment or removal of a body shall take place in either city cemetery unless under the direction of the superintendent, and no burials shall be permitted therein, unless there has been presented first to the superintendent of cemeteries a proper burial permit signed by the local registrar or the department of health and as required by the laws of the state.

(Ord. 573 (part), 1982.)

No body shall be removed or disinterred from any graves either in Mountain Shadow or Old City Cemetery, or from any cemetery within the limits of the city without there having been obtained a permit so to do from the superintendent, nor shall any person having charge of any cemetery located within said limits remove, permit or cause to be removed, disinter or cause to be disinterred, any corpse that has been deposited in such cemetery unless a permit for such removal or disinterment has been issued by the superintendent. For the issuance of any permit for disinterment or removal of a body, a charge of two dollars will be made by the superintendent, which is to be paid to the treasurer of the city.

(Ord. 573 (part), 1982).

Any person applying for the removal of disinterment of any body buried in Mountain Shadow, Old City Cemetery or any cemetery in the limits of the city shall file with the superintendent the written request of some relative of the deceased. The superintendent or person in charge of such cemetery shall cause to be disinterred, and deliver the body to the applicant and shall record same with the city clerk.

(Ord. 573 (part), 1982.)

Before issuing any disinterment permit, the superintendent shall require from the applicant such information as shall satisfy the superintendent of the name, race and age of the deceased, together with the date of death and burial and the cause thereof.

(Ord. 573 (part), 1982.)

All graves of adult persons shall not be less than five feet in depth at the center. Graves for children and infants shall be covered by at least two feet of earth.

(Ord. 573 (part), 1982.)

No more lots or graves are to be sold, or burials to be allowed, in Old City Cemetery except in cases where ownership of lots or graves can be proven. A curbing enclosing a block, lot or grave will be considered evidence of ownership.

(Ord. 573 (part), 1982.)

The following interments of remains, and ashes of cremated remains, are allowed per grave plot:

1. Only one interment of remains shall be allowed in a single plot, except that an adult and an infant child not over one year of age, or two children up to five years of age may be interred in a single standard plot.
2. Four sets of cremated remains shall be allowed in one standard plot, if such ashes alone are interred in such plot.
3. The remains of a person over five years of age and one set of ashes of cremated remains shall be allowed in a standardsize grave.
4. The remains of persons over five years of age may be interred in a single standard plot, where the bottom casket is at least eight feet deep, one casket on top of the other.
5. In a four-foot by five-foot plot, the following are allowed:
   1. One infant remains, but two infant remains may be interred in a single plot where the bottom casket is at least eight feet deep, one casket on top of the other; provided, that no casket, bearing remains, in excess of three and one-half feet shall be buried in any such plot; or
   2. Four sets of cremated remains, if such cremated remains alone are interred in such plot; or
   3. The remains of an infant buried in a casket, not exceeding three and one-half feet long, and one set of cremated remains.
6. A "standard grave or plot" as mentioned in this section is defined as five feet by nine feet or longer.
7. Other allowable interments may be determined and fixed by the city council from time to time, by resolution.

(Ord. 573 (part), 1982.)

The sizes of graves or plots shall be as follows:

1. In Sections One and Two, five feet by nine feet;
2. In the Benevolent and Protective Order of Elks section, five feet by ten feet;
3. In the walkways or aisles set aside for that purpose, four feet by five feet, for the limited purposes provided in this chapter;
4. All other graves or plots, five feet by nine and one-half feet;
5. As may be determined and fixed by the city council from time to time, by resolution.

(Ord. 573 (part), 1982.)

1. The prices of graves or burial plots for remains and ashes, shall be as determined by resolution.
2. The price of burial permits or licenses may be increased or decreased from time to time by resolution of the city council.

(Ord. 573 (part), 1982.)

A special-care of "green section" has been set aside, consisting of Blocks 111 to 120, and Blocks 135 to 144, and Blocks 65 to 74, and Blocks 89 to 98, and Blocks 157 to 166, and Blocks 181 to 190, and Blocks 200 to 209, all inclusive, and such other lots and blocks as may hereafter be set aside for such special-care or green section by resolution of the city council, from time to time. The sum of seventy-five dollars of each sale price established by resolution shall be deposited in a special account, invested as allowed by Health and Safety Code Section 8751 for endowment funds, and the income therefrom shall be used for the care, beautification and maintenance of the city cemeteries.

(Ord. 575, 1983; Ord. 573 (part), 1982.)

1. The following persons are eligible for interment in the Veterans' Section of Mountain Shadow Cemetery:
   1. Any member of the armed forces of the United States dying in active service;
   2. Any former member of the armed forces of the United States whose last active service terminated honorably;
   3. The spouse, widow or widower of an eligible service member;
   4. Minor children of an eligible service member.
2. Fathers, mothers and inlaws are not eligible for interment in the Veterans' Section of Mountain Shadow Cemetery by reason of relationship to an eligible service member, regardless of whether they are dependent upon the service member for support and/or are members of his or her household.

(Ord. 573 (part), 1982.)

Any person violating any of the provisions, or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable for each such violation as provided in Section 1.08.010.

(Ord. 573 (part), 1982.)