CHAPTER 1062
Cemetery Regulations
1062.01   Short title.
1062.02   Definitions.
1062.03   Cemetery property.
1062.04   Grounds maintenance.
1062.05   Traffic.
1062.06   Behavior.
1062.07   Cemetery Operating Policy.
1062.08   Cemetery lots.
1062.09   Interment and burial.
1062.10   Removals or disinterments.
1062.11   Interment and disinterment fees.
1062.12   Enforcement.
1062.13   Trustees.
1062.14   Designation of historical area.
1062.99   Penalty.
   CROSS REFERENCES
   Burials may be prohibited - see Ohio R.C. 759.05
   Management and control - see Ohio R.C. 759.09
   Union cemeteries - see Ohio R.C. 759.27 et seq.
   Burial permits - see Ohio R.C. 3705.24 et seq.
   Burial of indigent persons - see Ohio R.C. 5113.15
   Desecration - see GEN. OFF. 642.07
1062.01   SHORT TITLE.
   This chapter shall be known, and may be cited as, the "City of Avon Ordinance Regulating Operations and Conduct in the Avon Cemetery."
(Ord. 77-20. Passed 8-10-20.)
1062.02   DEFINITIONS.
   For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
   (a)   "Ash grave" means land where cremated remains in an urn are buried.
   (b)   "Burial" means disposition of human remains below ground, also called interment.
   (c)   "Casket" means a container manufactured of wood or metal designed for the viewing of a body in the funeral home. The casket then acts as storage and protection for the body during transportation to the cemetery for interment
   (d)   "Cemetery" is the parcel of land designated as Avon Cemetery in the City of Avon.
   (e)   "City" means the City of Avon.
   (f)   "Deed for cemetery lot" is the document by which the City conveys the sale of a lot described upon the plat of the Avon Cemetery. A deed for cemetery lot is also a deed for interment rights.
   (g)   "Director" means the Director of Public Services, which is the person immediately in charge of the cemetery and its operations.
   (h)   "Disinterment" means to remove a vault or urn from a grave site.
   (i)   "Foundations" are the base or footing on which a memorial is installed.
   (j)   "Grave site" means a space of land reserved for the burial of an individual or where an individual is buried.
   (k)   "Interment" means to bury a vault below the surface of the ground in a grave space.
   (l)   "Interment rights" means the particular right to place the remains of a deceased person in a specific interment space within a cemetery, subject to the limitations set forth by the cemetery.
   (m)   "Inurnment" means to bury cremated remains in an urn below the surface of the ground, in an ash grave.
   (n)   "Lot" means the section in the cemetery as described upon the plat of said cemetery purchased for the purpose of interment rights.
   (o)   "Marker" means a flat memorial quarried from granite or cast in bronze and placed at ground level at the head or foot of a grave.
   (p)   "Memorial" means a monument, grave marker, or headstone identifying a grave or graves.
   (q)   "Opening and closing" means digging and closing the grave for burial of a vault or urn.
   (r)   "Owner" is the person or persons to whom the City has conveyed interment right(s) or who hold such right(s) by inheritance.
   (s)   "Person" means any individual, firm, partnership, association, corporation, company, or organization of any kind.
   (t)   "Trustees" means the City of Avon Trustee members who have been assigned to assist the Director of Public Services in making decisions and/or updates to the Rules & Regulations of the Avon Cemetery.
   (u)   "Urn" means a container for cremated remains. The urn must be of retrievable materials such as bronze, plastic or cultured marble.
   (v)   "Vault" means an outer container manufactured of concrete, fiberglass, or steel into which a casket is placed for burial. Its purpose is to prevent the ground from sinking after burial, as well as providing protection for the casket.
   (w)   "Vehicle" means any wheeled conveyance whether motor-powered or self-propelled. The term shall include any trailer in tow of any size, kind, or description. Exception is made for baby carriages and vehicles in the Service Department, Police Department or Fire Department.
(Ord. 77-20. Passed 8-10-20.)
1062.03   CEMETERY PROPERTY.
   No person in the cemetery shall:
   (a)   Disfiguration and Removal. Willfully mark, deface, disfigure, tamper with or displace or remove any headstones, grave markers, benches, fences, flags, paving materials, signs, notice of placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment facilities, grounds, graves, or cemetery property or, appurtenances whatsoever, either real or personal.
   (b)   Removal of Natural Resources. Dig or remove any soil, rock, stones, trees, shrubs or plants, downed timber, or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, without the prior written consent of the Director.
   (c)   Erection of Structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands without the prior written consent of the Director.
   (d)   Trees, Shrubbery, Lawns. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant, or attach any rope, wire or other contrivance to any tree or plant, or dig in or otherwise disturb the grass areas, or in any other way injure or impair the natural beauty or usefulness of any area, without prior written consent of the Director.
(Ord. 77-20. Passed 8-10-20.)
1062.04   GROUND MAINTENANCE.
   No person in the cemetery shall have brought into the cemetery or dump, deposit or leave in the cemetery any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash. No refuse or trash shall be left anywhere on the grounds thereof, but shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the cemetery by the person responsible for its presence and properly disposed of elsewhere.
(Ord. 77-20. Passed 8-10-20.)
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