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HomeMy WebLinkAboutOrdinance 86- 1200 Repeals and replaces Ch. 2.76, cemetery; repeals Ch. 2.52 l1U ORDI NANCE NO. 1200 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR AN ADVISORY BOARD TO BE KNOWN AS THE CEMETERY BOARD, THE MANAGE- MENT, MAINTENANCE AND CONTROL OF THE SUNSET HILLS CEMETERY AND REPEAL! NG SECTION 24 OF ORDI NANCE NUMBER 524 AND ALL OF ORDI NANCE NUMBERS 604, 725, 831 AND 840. PREAMBLE I The purpose of this ordinance is to update the methods and procedures of operating the Sunset Hills Cemetery by rewriting Chapter 2.76 of the Bozeman Municipal Code and thereby eliminate certain conflicting language and ordinances. BE IT ORDAI NED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN: 2.76.010 Authority. A. Pursuant to the provisions of Section 7-35-4101, M.C.A., the City of Bozeman has established a municipal cemetery known as the "Sunset Hi lis Cemetery. II B. It shall be unlawful for ally person, association or corporation to bury or inter, or cause to be buried or interred, the dead body of any person in any place in the City, or to maintain a cemetery within the limits of the City, or within three miles of the limits of the City, except as provided in this chapter. 2.76.020 Cemetery Land. Sunset Hills Cemetery shall be comprised of all those lots, blocks and parcels of land heretofore conveyed to the City for cemetery purposes, as recorded in the office of the Clerk and Recorder of the County, together with such land hereafter conveyed and recorded for that purpose. 2.76.030 Cemetery Board--Composition--Organization-- Powers and Duties. I A. There is hereby created a cemetery board consisting of five members to be appointed by the City Commission for three year staggering terms. Should a vacancy occur on the board the City Commission shall appoint a new member to complete the term of appoi ntment so vacated. The board members shall be residents of the City of Bozeman or reside' within three miles of the City and shall serve without remunera- tion. B. The Cemetery Board, as herein created, shall serve as an advisory board to both the City Commission and the Director of Public Service (Works) and, as such, shall be charged with making such investigations and recommendations as re- quested or deemed necessary for the operation of the cemetery and as required in this chapter. C. The members of the Cemetery Board shall perfect their own organization and select such officers for the board as they deem advisable. They shall cause to be kept correct minutes of all the proceedings of the board and the same shall be available for public review and toward that end the Director of Finance, or designee, shall serve as secretary of the board. 2.76.040 Management--Enforcement Authority. The management, maintenance and control of the Sunset Hills Cemetery shall be under the direct control and supervision of the City Manager or his designee--the Dire'ctor of Public I Service (Works). It shall be his duty to enforce all rules, regulations and ordinances promulgated by the Cemetery Board and adopted by the City Commission for the administration of the cemetery. 2.76.050 Sale of Lots. A. All ground within the Sunset Hills Cemetery, as now created or hereinafter added to, as platted or as hereinafter platted, shall be sold for burial purposes only, and such sale shall be made subject to the rules and regulation promul- ORDINANCE NO. 1200 111 gated by the Cemetery Board and adopted by the City Commission. The Di rector of Finance, or designee, shall sell lots at the prices fixed by the City Commission, giving to the purchaser a deed receipt therefor, showing the amount paid and a description of the lot/s sold. Said deed form and sale price of the lots shall be as recommended by the cemetery board and approved in resolution form by the City Commission. The purchase price for the lot or lots and the I maintenance fee for same, as required in Section 2.76.130 of this chapter, are due and payable before a deed receipt can be issued. B. The purchaser may enter into a sale/purchase agreement with the City for a cemetery lot or lots with the following stipulations: 1. The total purchase price shall be the same as in A above. 2. A down payment in the amount of one-third shall be paid at the time of the execution of the agreement. 3. The balance of the total purchase price shall be paid on or before one year from date of execution of the agreement. An administrative charge of One Dollar per month shall be assessed, regardless of the amount due, until the full purchase price has been paid. 4. Upon final payment, as per the agreement, a deed receipt shall be issued by the Director of Finance in the same manner as provided for in A above, but in no case shall the lot or lots be used for purposes of interment until th~ full purchase price has been paid. 5. In the event that the purchaser fails to pay the balance within one year, from date of execution of the agreement, the purchaser shall lose the down- payment and forfeit all rights, title and interest in and to said lot or lots and the same shall revert to the City. 6. The above agreement may be revoked by the purchaser for good cause--i.e.. leaving the state, etc. --upon notification to the Director of Finance of I same. The downpayment shall be refunded less the administrative charge as listed in subparagraph 3 above. The sale/purchase agreement shall be promulgated by the Director of Finance and approved by the City Attorney. 2.76.060 Transfer of Lots. No lot or lots sold by the Director of Finance shall be sold or transferred by the pu rchaser to any person whomsoever except as follows: 1. Such lot or lots may be transferred to other members of the family upon receipt by the Director of Finance of a notarized letter from the owner requesting such transfer and stating the reason therefor. Nothing herein shall prevent the interment of non-family members at the request of the owner of the lot or lots. 2. Such lot or lots may be reconveyed to the City. The purchaser shall receive therefore the price paid for the lot or lots in the first instance less an administrative charge as recommended by the Cemetery Board and approved by the City Commission. Such reconveyance to the City shall be by quit- claim deed. 3. The owner of such lot or lots may trade same for another lot or lots of equal size. If the current price of the deed and the maintenance fee I (previously called permanent care) is greater for the new lot or lots than that paid for the original lot or lots the owner shall pay the difference before the trade shall be completed. In addition, if no permanent care fee had been paid on the original lot or lots the current maintenance fee shall be paid before the trade shall be completed. ORDINANCE NO. 1200 112 2.76.070 Record of Lots Sold. The Director of Finance, or designee, shall keep a record of all lots sold and the deed receipt therefor; the deed receipt shall be duly recorded in a book kept for that purpose. In addition, a record of such sales shall also be made in the Cemetery Plat Book. 2.760.080 Special Cemetery Sections. Certain sections of the Sunset Hills Cemetery have been set aside and are known as the I Veteran's Section, the Catholic Section, the 1.0.0.F. Section and the Masonic Section. Burials in each of these sections is limited to that of members of the above-named organizations or to the dependent members of the fami lies of such organization members. The sale of such lots shall be in the same manner as provided in Section 2.76.050. Operation, care and maintenance of these sections shall be the same as provided in all other parts of the cemetery. 2.76.090 Interment Permit Required. No person, firm, association or corporation shall inter or assist in and about the interment of the final placing of the body of any human being within the cemetery unless an , interment permit has first been applied for, and been granted, authorizing such interment. Said interment permit shall be issued by the Director of Finance, and shall not be so issued until the fee (as set forth by resolution of the City Commission) therefor has been paid. The interment permit shall only be issued subject to a permit therefor obtained from the County Sanitarian's office and under such rules and regulations as shall be prescribed by the Bureau of Records and Statistics of the State Department of Health and Environmental Sciences. The City of Bozeman shall prepare all grave sites for interment. The foregoing shall not preclude the Director of Finance from billing local mortuaries on a monthly basis for such fees. 2.76.100 Di si nterment. No person, fi rm, association or corporation shall disinter, move or remove any body from the cemetery without first obtaining a permit therefor from the Director of Finance. The I disinterment permit shall only be issued subject to a permit therefor obtained from the County Sanitarian's office and under such rules and regulations as shall be prescribed by the Bureau of Statistics of the State Department of Health and Environmental Sciences. If the original interment took place more than one week prior to the request for dis- interment, said request showing reasonable cause, shall be in writing to the City Manager, or his designee, and be accompanied with the appropriate fee. In addition, if the original interment took place more than one week prior to the request for disinterment, and the coffin is to be opened, the County Coroner or other disinterested official shall be on hand to witness the disinterment. 2.76.110 County Burial Lots in the Sunset Hills Cemetery shall be set aside and are so reserved for pauper dead. All burials therein shall be made subject to the order of the Board of County Commissioners of this county. In all cases of the burial of poor, the interment fee shall be charged to, and collected from, the county. The interment fee shall be as agreed upon by the County Commissioners and the City Commission. Cadavers from the Montana State University Biology Department, MedIcal Science and WAMI Programs shall be interred in the same manner as county burials, the interment fee being charged to, and collected from, Montana State University. 2.76.120 Expenditures--Payment of Claims. I The City Commission shall annually appropriate money for operation and maintenance of the cemetery, and the Director of Finance shall pay all approved claims that are within the appropriation. Claims for expenditures may be ordered and authorized by the Director of Public Service or his designee. Upon the approval and allowance of said claims,' so presented, the same shall be paid from the Ail-Purpose General Fund. ORDINANCE NO. 1200 113 2.76.130 Perpetual Care--Plan Generally. The City of Bozeman shall provide for the perpetual care of cemetery lots in the cemetery under such rules and regulations promulgated by the Cemetery Board and approved by the City Commission. 2.76.140 Perpetual Care--Fund Established--Maintenance Fee--Agreement and Deposit Conditions. I A. The permanent care fund heretofore established is hereby reestablished as the Cemetery Perpetual Care Trust Fund and is herein referred to as the CPC. All monies deposited in, or credited to, the CPC shall be held in trust by the City of Bozeman and the same shall be kept by the Director of Finance in a separate fund apart from all other funds of the City. B. For the purpose of providing funds for care and maintenance of the cemetery, both now and in the future, there is hereby established a maintenance fee a percentage of which, as adopted by resolution of the City Commission, shall be deposited into the CPC Trust Fund. At the time of purchase of the lot or lots the purchaser shall deposit the maintenance fee as herein established and at the same time enter into an agreement with the City for perpetual care of the lot or lots, which agreement shall be known as the "Perpetual Care Agreement." C. The CPC Trust Fund shall be invested and reinvested by the Director of Finance. The City Commission may from time to time direct the investment of such funds. The interest thereon, or earnings therefrom. shall be credited to the All-Purpose General Fund for the sole purpose of defraying the cost of operating and maintaining the cemetery. 2.76.150 Perpetual Care--Form of Agreement. The form of the Perpetual Care Agreement shall be as determined by the Director of Finance and approved by the City Attorney. I 2.76.160 Perpetual Care--Fund Record Keeping and Reports. A. The Director of Finance shall prepare and keep a record of the Perpetual Care Fund, which record shall show: 1. The name of the person in whose name, or for whom the deposit is made, and the amount thereof; 2. The character and amount of the securities in which the Perpetual Care Fund is invested; 3. Income from Perpetual Care Fund investments. B. An unaudited report shall be made by the Director of Finance in the month of August immediately following the close of the fiscal year, to the City Commission, or at such times as the Cemetery Board or the City Commission may request. 2.76.170 I nterment Restrictions. A. There shall be no funerals conducted on Sundays in the Sunset Hills Cemetery. B. Funerals may be conducted on Saturdays and holidays when it is impossible or impractical to conduct the funeral at another time. However, an additional opening and closing fee shall be charged as established by City Commission resolution. C. Generally there shall be one interment per standard size (51 x 10') lot. If requested in advance not more than two coffins may be interred in the standard I size lot. If requested in advance, and only if the coffin is interred first, a standard size lot may be used to inter one additional infant or up to four ashes canisters. I n all cases where more than one interment is to take place on a standard size lot an additional fee shall be charged as established by City Commission resolution. 2.76.180 Fences Prohibited. No lot or lots in the cemetery shall be marked or defined by any fence, coping, railing, ORDINANCE NO. 1200 ill} hedge, corner posts or embankment, nor shall any lot be filled above the established surround- ing grade. 2.76.190 Malicious Mischief Prohibited. It shall be unlawful for any person to cut, injure or remove any tree, shrub or vegeta- tion in the cemetery (except authorized maintenance), or deface any tombstone or ornament in the cemetery, or any building in or fence surrounding the cemetery. I 2.76.200 Entering at Night Prohibited. It shall be unlawful for any person, without written permission of the Director of Public Service, to enter the Sunset Hills Cemetery at any time from one-half hour after sunset to one-half hour before sunrise. 2.76.210 Speed Limit and Other Motor Vehicle Restrictions. It shall be unlawful for any person to drive a motor vehicle, or any other vehicle, on any of the roadways in the cemetery at other than fifteen miles per hour so as not to damage the roadways or any of the lots, and in accordance with the rules and regulations of the Cemetery Board. Such driver shall observe and be confined to the roadways as established. . 2.76.220 Violation--Penalty. Any person who violates any provision of this chapter shall be deemed gU,ilty of a misdemeanor and upon conviction thereof shall be fined in an amount of not less than Fifty Dollars or more than Five Hundred Dollars. 2.76.230 Ordinances Repealed. AH ordinance or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Section 24 of Ordinance No. 524, entitled AN ORDINANCE RELATING TO THE ORGANI- I ZATION, REGULATION.AND CONDUCT OF THE SEVERAL DEPARTMENTS OF THE CITY OF BOZEMAN, AND TO THE QUALIFICATIONS, TERM OF OFFICE, POWERS, DUTIES AND COMPENSATION OF THE COMMISSIONERS AND THE BOARDS AND THE SEVERAL OFFICERS AND EMPLOYEES OF SAID CITY, UNDER THE COMMISSION-MANAGER PLAN OR FORM OF GOVERNMENT, IN CON- FORMITY WITH THE PROVISIONS OF CHAPTER 152 OF THE FIFTEENTH LEGISLATIVE ASSEMBLY OF THE STATE OF MONTANA, AS AMENDED, WHICH ORDINANCE IS DECLARED AN EMERGENCY ORDINANCE, PROVIDING FOR THE USUAL DAILY OPERATION OF MUNICIPAL DEPARTMENTS, passed on February 2, 1922, currently codified as Chapter 2.52, Bozeman . Municipal Code; Ordinance No. 604, entitled AN ORDINANCE PROVIDING FOR THE MANAGEMENT AND CONTROL OF SUNSET HILLS CEMETERY, AND A FUND FOR THE MAINTENANCE THEREOF, TO BE KNOWN AS THE CEMETERY FUND, THE PERMANENT CARE OF CEMETERY LOTS THEREIN AND A PERMANENT CARE FUND THEREFOR, AND REPEALING ORDINANCE NOS. 378 AND 417, passed on March 27, 1931, currently codified as Chapter 2.76, Bozeman Municipal Code; Ordinance No. 725, entitled AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA PROVIDING FOR THE COLLECTION OF ASSESSMENTS FOR UNIFORM CARE OF LOTS IN SUNSET HILLS CEMETERY, IN CASES WHERE NO CONTRACT OR AGREEMENT HAS BEEN ENTERED INTO WITH CEMETERY AUTHORITIES FOR THE PERPETUAL OR PERMANENT CARE OF SUCH LOTS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, passed on August 13,1943, currently codified as Sections 2.76.240,2.76.250 and 2.76.260, Bozeman Municipal Code; I Ordinance No. 831, entitled AN ORDINANCE RATIFYING, CONFIRMING, APPROVING AND ADOPTING A RESOLUTION OF SUNSET HILLS (BOZEMAN) CEMETERY BOARD DESIGNA- TING A CERTAIN AREA FOR THE HOLDING PUBLIC MEMORIAL SERVICES WITHIN THE CEMETERY AND ALSO FOR SETTING ASIDE CERTAIN LOTS AND BLOCKS FOR THE BURIAL OF VETERANS OF WARS OF THE UNITED STATES AND MEMBERS OF THEIR IMMEDIATE . FAMILY, AT THE REQUEST OF GALLATIN POST NO. 14, AMERICAN LEGION, VETERANS OF ORDINANCE NO. 1200 lIb FOREIGN WARS AND DISABLED AMERICAN VETERANS, passed on January 11, 1961, not currently codified in the Bozeman Municipal Code. Ordinance No. 840, entitled AN ORDINANCE DECLARING THAT THE ENTRY BY ANY PERSON INTO SUNSET HILLS CEMETERY WITHOUT WRITTEN PERMISSION OF THE DIRECTOR OF PUBLIC SAFETY OF THE CITY OF BOZEMAN, MONTANA, AT ANY TIME FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR BEFORE SUNRISE SHALL BE UNLAWFUL AND I PUNISHABLE AS A MISDEMEANOR AND DECLARING THAT AN EMERGENCY EXISTS AND THIS ORDINANCE SHALL BECOME IMMEDIATELY EFFECTIVE UPON THE PASSAGE AND ADOPTION BY THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, passed on May 8, 1963, currently codified as Section 2.76.300, Bozeman Municipal Code. PROVISIONALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 24th day of March 1986. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission FI NALL Y PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, this 7th day of April 1986, and effective thirty days after said date. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission State of Montana ) County of Gallatin : ss. City of Bozeman ) I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance 1200 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City, in the issue dated the 10th day of April 1986, and due proof of such publication is on file in my office. I N WI TNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 29th day of April 1986. Clerk of the City Commission I ORDINANCE NO. 1200