A. Certificate Required:
1. No person shall inter remains in a cemetery without first purchasing a certificate from the department.
2. Pursuant to Idaho Code section 50-320C, each certificate shall:
a. Be executed by the Mayor and countersigned by the City Clerk, under the Seal of the City;
b. Include the name of the person to whom the certificate is issued;
c. State that the proprietor of the certificate possesses the right to be interred in the columbarium, crypt, grave, lot, mausoleum, niche, tomb, vault or other place within a cemetery that is specifically described on the certificate.
3. A certificate shall vest in the proprietor a right in fee simple determinable to be interred, or otherwise laid to rest in the particular location within a cemetery described on that certificate. Pursuant to Idaho Code title 27, chapter 3, the right in fee simple determinable conveyed by a certificate is expressly subject to a right of reverter or escheatment back to the City upon a finding of abandonment, after completing the notice procedure contained in subsection 7-6-9C of this chapter, which finding of abandonment shall be the condition precedent to the right of reverter or escheatment back to the City.
4. No certificate shall be issued unless and until the application required by the department is completed and submitted.
B. Charges And Fees: All charges and fees for issuance of certificates, interments, disinterments, permits and all other cemetery services, such charges and fees having been approved by the City Council and listed on the department's fee schedule, shall be paid in full prior to issuance of the license or permit, and prior to the services being provided.
C. Licenses And Permits: The mortician, undertaker or funeral director, or the decedent's heirs, representatives or agents, shall apply for and obtain all required licenses, permits and authorizations for interments, disinterments and other cemetery services prior to the services being provided. The City shall not be responsible for obtaining any required license, permit or authorization, or for confirming the identity of the person being interred.
D. Nonliability Of City: The City shall not be held liable for any damage to an interment container in making an interment or disinterment.
E. Errors: In the event of an error involving interment of remains, the City reserves the right to disinter, exhume and reinter the remains in any other available columbarium, crypt, grave, lot, mausoleum, niche, tomb or vault (as the case may be) of equal or greater value and similar location. The City also reserves the right to correct any errors made on an inscription or memorial.
F. Division Of Lots; Uses: No person shall divide any columbarium, crypt, grave, lot, mausoleum, niche, tomb or vault into smaller portions, and no person shall use any columbarium, crypt, grave, lot, mausoleum, niche, tomb, vault or other burial space for any purpose other than the disposition of remains.
G. Authorized Remains: Interments of remains shall be limited to the proprietor and to the proprietor's spouse, children, authorized heirs and those authorized, in writing, by the proprietor.
H. Officials Authorized To Inter: No person, other than department employees, contractors and agents who are working within the scope of their authorized duties, shall inter remains or disinter, exhume, or transfer any remains within a cemetery without the prior express written consent of the department.
I. Box, Liner Required; Exception:
1. Except as otherwise provided herein, all remains interred in a cemetery shall be in a concrete, plastic, metal vault or in a reinforced concrete box or liner. The department shall approve and adopt rules, regulations and specifications for the vaults and liners, and for the treatment of remains.
2. Cremated remains shall be exempt from the liner box and vault requirements of subsection I1 of this section. (Ord. 29-16, 9-20-2016)