051 of 2013 - Amending and enacting certain sections of Salt Lake City Code relating to cemeteries (amending Secti 0 13-1
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SALT LAKE CITY ORDINANCE
No. 51 of 2013
(Amending Chapter 15.24, relating to Cemeteries)
An ordinance amending Section 15.24.050, 15.24.240, and 15.24.290, and enacting
Section 15.24.245 of the Salt Lake City Code, relating to cemeteries.
WHEREAS, property at the Salt Lake City Cemetery has been damaged, and issues have
arisen regarding monument placement and maintenance; and
WHEREAS, the City Council desires to amend Chapter 15.24 to address those issues, to
remove the ban on motorcycles and bicycles in the cemetery, and to make other cemetery-related
changes.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. Section 15.24.050, Salt Lake City Code, is amended to read as follows:
15.24.050: [RESERVED]:
SECTION 2. Section 15.24.240, Salt Lake City Code, is amended to read as follows:
15.24.240: HEADSTONE, MONUMENT AND MARKER LIMITATIONS; FENCE
LIMITATIONS:
The following rules and restrictions are applicable to headstones, monuments, and markers
(collectively referred to as "headstones") installed in the city cemetery but may be waived or
modified by the mayor or the mayor's designee if that person determines that the enforcement of
the rules or restrictions, under the circumstances, would be inappropriate or unnecessary to
protect safety or health, or such waiver or modification would be in the best interest of the city or
the convenience of the public:
A. All upright headstones shall be installed at the west end of the grave with the following
specifications:
1. Height: An installed headstone may not be more than three feet tall, when measured
from ground level to the top of the headstone.
2. Width: When installed, a single headstone on a single grave may not be more than 39
inches wide, measured north to south, including a four inch flush with the ground
base all the way around the headstone.
3. Double headstones: When installed, a double headstone on two graves may not be
more than 78 inches wide, measured north to south, including a four inch flush with
the ground base all the way around the headstone.
4. Length: When installed, a headstone, measured east to west, may not be more than 26
inches in length including a four inch flush with the ground base all the way around
the headstone.
5. All upright markers shall be pinned to the base.
B. The restriction on the length of a ground level (flat) headstone stated in section
15.24.240(A)(4) shall not apply if the owner of a burial lot signs and delivers to the main
cemetery office a written waiver that states that the owner is knowingly installing a
headstone that exceeds the normal 26 inch limitation. In the waiver the owner shall
accept all responsibility for damage to the headstone or any ground level flower vase or
receptacle placed in the maintenance path due to (1) its placement in the normal traffic
path, (2) the city's maintenance of the city cemetery, or (3) the occurrence of other
funerals and the installation of other headstones in the area. The city shall not be
responsible for any costs to have the headstone repaired or replaced.
C. Ownership, liability risks, and maintenance of headstones: A headstone is the private
property of the owner of the burial right. The installation of a headstone is done at the
owner's own risk. The owner assumes all liability and costs for the maintenance and
repair of the headstone including the raising of a sunken headstone, the repair of cracks,
chips, or scratches, and the repair or replacement of a headstone due to the age of the
headstone or cement. The city is not responsible for damage to headstones resulting from
natural events such as tree damage, or for damage to a headstone or injury to any person
in connection with the raising of a headstone or a visit to the cemetery.
I). No person may erect or maintain any fence, wall, corner post, coping, hedge, or boundary
of any kind upon any lot or gravesite in the city cemetery, nor grade the cemetery ground
or land. The city sexton/maintenance supervisor shall, whenever requested, furnish the
true line of a lot according to the official survey, and shall prevent and prohibit any
marking of a lot, except by official landmarks, and shall prevent and prohibit any grading
that might destroy or interfere with the general slope of the cemetery land.
SECTION 3. Section 15.24.245, Salt Lake City Code, is enacted to read as follows:
15.24.245: CEMETERY GROUNDS WORK ORDER AND PAYMENT; DAMAGE:
A. Any person (including a business entity) who desires to perform work in the city
cemetery, including the installation of a headstone or other work at a burial lot, shall first,
on a weekday, complete a work order form at the main office of the city cemetery. While
working within the city cemetery, the person must possess the work order form and shall
present the form for inspection upon request by a cemetery employee. Any work
performed within the city cemetery shall be done during regular business hours Monday
through Saturday, 8 a.m. to 4:30 p.m.
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13. The city shall document any damage to property within the city cemetery done by or on
behalf of any person that is not reported to the main office of the cemetery and repaired
according to city standards. The city shall provide written notice of the damage to that
person, stating the date and location of the damage and identifying the person responsible
for the damage. The city shall also provide a copy of the notice to the person who caused
the damage. The city cemetery shall repair the damage and bill the person responsible for
the city's cost of labor and materials to repair the damage.
C. The following are non-exclusive examples of damage to which this section relates:
1. Tire ruts in the lawn area;
2. Leaving excess dirt in a burial lot or on nearby grounds or headstones;
3. Dirt or tire marks on a nearby headstone;
4. The sinking or dislodging of any headstone;
5. Installing of a headstone without proper documentation or payment of required fees;
or
6. Damage to the irrigation system.
D. If an employee or agent of a person (including a business entity) who does work in the
city cemetery for compensation receives three notices of violations of this chapter, that
employee or agent shall be barred from performing work within the city cemetery for one
year after the delivery of the third notice. The employee or agent may resume working at
the city cemetery only with the consent of the city sexton.
E. If any person (including a business entity) not described in subsection 15.24.245(D)
receives six notices of violations of this chapter, the person shall be suspended from
performing work within the city cemetery for one month. If the person receives six
additional notices of violations of this chapter, the person shall be suspended from
performing work within the city cemetery for two additional months. If the person
receives six additional notices of violations of this chapter, the person shall be suspended
from performing work within the city cemetery for three additional months.
F. The city sexton shall coordinate the repair of damage reported to the cemetery office.
The person who caused the damage shall repair the damage at the person's own expense.
G. No person may set a headstone or perform other work in the city cemetery, except work
essential to a burial, from December 1 through February 28 or any other time the city
determines that the cemetery grounds are unsuitable for traffic or work.
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SECTION 4. Section 15.24.290, Salt Lake City Code, is amended to read as follows:
15.24.290: FEES FOR CITY SEXTON/MAINTENANCE SUPERVISOR'S SERVICES:
A. The city sexton/maintenance supervisor shall collect from those requiring cemetery
services, fees shown on the Salt Lake City consolidated fee schedule for the following
services:
1. Opening and closing a single infant grave of five feet in length or less;
2. Opening and closing a single adult grave for a cement receptacle;
3. Removal of remains of deceased individuals:
a. Adult removal from existing grave;
b. Infant removal from existing grave;
c. Removal of cremains;
4. Burial of cremains;
5. Opening and closing a double deep grave;
6. Opening and closing the top of an existing double deep grave;
7. Removal and lowering of deceased individuals:
a. Adult Salt Lake City resident;
b. Adult non-Salt Lake City resident;
c. Infant Salt Lake City resident;
d. Infant non-Salt Lake City resident;
8. Marker monitoring:
a. Ground level marker;
b. Upright marker.
For purposes of this section, "ground level marker" means a marker that can be
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passed over by the city's lawn mowers without obstruction.An"upright marker"
is a marker that is not a ground level marker;
9. Opening and closing a grave at the Fort Douglas Cemetery;
10.Opening and closing a grave at the Jewish Cemetery.
B. For burials not completed by 4 p.m.on any day,the city shall charge the fee per hour
shown on the Salt Lake City consolidated fee schedule in addition to any other fees and
costs provided for in this chapter.
C. For any burial on a Saturday,the city shall charge the fee shown on the Salt Lake City
consolidated fee schedule in addition to any other fees and costs provided for in this
chapter.
D. For any burial on a Sunday or holiday,the city shall charge the fee shown on the Salt
Lake City consolidated fee schedule in addition to any other fees and costs provided for
in this chapter.
E. A person who receives a bill from the city cemetery,including any bill relating to damage
caused in the city cemetery,shall pay the bill in full within 60 days. The person shall pay
to the city a late fee equal to ten percent of the original bill for each day the payment is
late.
SECTION 5.This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City,U h t is_ day of puotct ,2013.
CHAI R
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CITY RECORDER
APPROVED AS TO FORM
Salt Lake City Attorney's Office
Dafe 3-zc-13
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Transmitted to Mayor on August 21, 2013 .
Mayor's Action: Approved. Vetoed.
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CITY RECORDER -'� crT......
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Bill No. 51 of 2013.
Published: SPptemher 7, 2013.
FI B_ATTY-1128605-v3-Amending_Chapter_I 5_24_cemeteries_2013
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