For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE CONTAINER. A rigid or nonrigid receptacle or other enclosure that is:
(1) Made of a nonmetallic material;
(2) Does not have ornamentation or an inner lining;
(3) May be closed adequately to provide a complete covering of human remains;
(4) Is resistant to leakage or spillage;
(5) Is rigid enough for handling with ease; and
(6) Provides protection for the health safety, and personal integrity of crematory personnel.
BODY PART. A limb or other part of the human anatomy that is removed for medical purposes, treatment, surgery, biopsy, autopsy, or medical research; or a human body or portion of a human body that has been donated to science for medical research purposes.
BURIAL. The opening and closing of a grave, space, burial space, crypt, or niche for the purposes of internment, entombment or inurnment.
BURIAL RIGHT. A right of interment, entombment, or inurnment granted by the owner of a cemetery, and unless otherwise stated in the deed, certificate, or license given by the owner of the cemetery, is an easement for the specific purpose of burial.
CASKET. A rigid enclosure that:
(1) Is made of wood metal, or other material;
(2) Is ornamented;
(3) Has a fixed or nonfixed inner lining; and
(4) Is designed to encase human remains.
CEMETERY. Any land or structure in Indiana that is dedicated to, and used for, or intended to be used for, the interment, entombment, or inurnment of human remains.
CEMETERY OWNER. The person that owns or operates and conducts the business of a cemetery.
CEMETERY PURPOSES. All things necessary for or incident or convenient to the establishment, maintenance, management, operation, improvement and conduct of a cemetery; the preparation of cemetery property for interment, entombment, or inurnment; the internment, entombment, or inurnment of the human dead; the care, preservation and embellishment of cemetery property.
COLUMBARIUM. A structure or room or space in a building or structure used of intended to be used for the inurnment of cremated human remains.
COMMUNITY COLUMBARIUM. A columbarium in which entombment or inurnment rights are, or have been offered for sale to the general public.
COMMUNITY GARDEN CRYPT. A garden crypt in which entombment, or inurnment rights are, or have been offered for sale to the general public.
COMMUNITY MAUSOLEUM. A mausoleum in which entombment, or inurnment rights are, or have been offered for sale to the general public.
CREMATED REMAINS/CREMAINS. Al human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device.
CREMATION. The incineration of the body of a deceased individual, or body part of a non- deceased individual, and the mechanical or manual reduction of identifiable bone fragments to unidentifiable bone fragments.
CRYPT. A chamber in a mausoleum, or garden crypt that is of sufficient size to entomb the uncremated remains of a deceased individual.
DISINTERMENT. The recovery of human remains by exhumation, disentombment or disinurnment. The term does not include the raising and lowering of human remains to accommodate two internments within a single grave or the repositioning of human remains, or the repositioning of an outside burial container, or vault that encroaches on an adjoining grave, grave space or burial space.
ENTOMBMENT. Any lawful disposition of the remains of a deceased individual in a mausoleum, or garden crypt as provided by I.C. 23-14-54.
GARDEN CRYPT. A structure, or building that is used; or intended to be used, for the entombment, or inurnment or human remains in crypts, vaults or niches, in which entombment or inurnment is done from the exterior of the structure of building. The term includes a columbarium within a garden crypt.
HEADSTONES, GRAVEMARKERS, OR GRAVESTONES. A rigid stone, metal, or stone- composite marker that is capable of withstanding the elements and marks the head-end of interned, entombed, or inurned human remains.
HUMAN REMAINS. The body of a deceased individual. The term includes the body in any stage of decomposition and cremated remains.
INTERMENT. Any lawful disposition in the earth of the remains of a deceased individual as provided by I.C. 23-14-54.
INURNMENT. Any lawful disposition of the cremated remains of a deceased individual in a mausoleum, garden crypt, niche, or scattering garden area as provided by I.C. 23-14- 54.
LAWN CRYPT. A vault that is preset into the earth and sold as a part of the lot, plot, burial or grave.
LOT, PLOT, BURIAL SPACE OR SECTION. Any space within a cemetery that is used, or intended to be used, for interment, entombment, or inurnment, irrespective of where the space is located. The term includes a crypt, a niche and a grave space.
LOT OWNER, LOT HOLDER, PLOT OWNER, PLOT HOLDER, BURIAL RIGHT OWNER, BURIAL RIGHT HOLDER, BURIAL SPACE OWNER OR BURIAL SPACE HOLDER. A person under whose name a burial space is listed, or who is identified as the owner, or holder of a burial space in the records of the office of the cemetery owner.
MAUSOLEUM. A structure or building that is used, or intended to be used, for the entombment, or inurnment of human remains in crypts, vaults or niches in which entombment, or inurnment is done from the interior of the building or structure. The term includes a columbarium within a mausoleum.
NICHE. A space in a columbarium that is used; or intended to be used, for the inurnment of the cremated remains of one or more deceased individuals.
OWNER. When used in reference to a lot owner, lot holder, plot owner, plot holder, burial right owner, burial right holder, burial space owner or burial space holder, includes a holder of a lot, plot, burial right, or burial space. OWNER when used in reference to a lot owner, lot holder, plot owner, plot holder, burial right owner, burial right holder, burial space owner, or burial space holder, includes a holder of a lot, plot, burial right or burial space; does not include cemetery owner, or an owner of a cemetery.
PERPETUAL CARE/ENDOWMENT CARE. Within the limits permitted by the net income received from the perpetual care fund, or endowment care fund required by I.C. 23-14-48, and from other care funds, or endowments, the maintenance of the cemetery grounds, and graves in keeping with a properly maintained cemetery, including the following: cutting the grass on cemetery plots at reasonable intervals; raking and cleaning of cemetery plots at reasonable intervals; pruning of shrubs, and trees; procuring, maintaining, and keeping in workable condition the machinery, tools, and equipment needed for maintenance purposes, and replacing the machinery, tools, and equipment when necessary; keeping in repair, and preserving the drains, waterlines, roads, buildings, fences, and other structures, including cemetery owned statues, and embellishments of a general character applicable to the cemetery as a whole, or a particular area; the administration of a cemetery, including; the payment of insurance premiums; the payment of pensions; and maintaining the necessary records of lots ownership, or holdership, burial right ownership, or holdership, burials, and other necessary information, in making the records available to the public authorities and interested persons. When used in connection with a mausoleum, garden crypt, columbarium, crematory, or other structure, the term, PERPETUAL CARE or ENDOWMENT CARE means, in addition to the meaning set forth above, the general upkeep of the structure and the grounds surrounding the structure; the repair, replacement, and improvement of the structure; the procuring, maintaining, and keeping in reasonable condition the machinery, tools, and equipment needed for the purposes set forth above, and replacing the machinery, tools, and equipment when necessary. See § 36.23 establishing an endowment fund for Rose Hill cemetery.
PERSON. An individual, an association, a limited liability company, a corporation, a firm or another legal entity.
PROPERTY OWNER.
(1) TOWN PROPERTY OWNER. Any person that owns property within the incorporated limits of the town and such a person pays as a normal part of their property taxes into the maintenance and upkeep of any cemetery owned and maintained by the town government.
(2) NON-TOWN PROPERTY OWNER. Any person that does not own property within the incorporated limits of the town, to include, but not limited to, people that rent, lease or purchase on land contract.
URN. All human remains recovered after the completion of the cremation of a human body or body part, including the residue of any foreign materials, nonmetallic casket material, dental work, or eyeglasses that were cremated with the human remains but excluding any prosthetic or medical device, also known as a BURIAL URN.
VAULT. An outer burial container that is designed for placement in a burial space, or grave around a casket, or alternative container, or the container that forms the chamber of a crypt. The term includes a burial vault, grave box or grave liner.
(Ord. 2019-06, passed 7-9-19)