(a) Purchase of Rights of Interment or Inurnment.
Item 1. Cemetery lots and Columbarium niches may be purchased at the Cemetery Office in the Central Facilities Building (Broad Street). Each lot contains four (4) graves sites.
Item 2. Single graves will be sold where available.
Item 3. Graves must be paid for in-full at time of purchase.
Item 4. Any single family shall be limited to purchasing eight (8) grave sites. For purposes of these Rules and Regulations, "family" shall mean a group of individuals related by blood or marriage.
Item 5. It shall be the duty of the holder of the Certificate for Right of Interment or Inurement to notify the office of the Cemetery of any change in address. Notice sent to a holder at the last address in the Cemetery's records shall be considered sufficient and proper legal notification.
Item 6. When a purchase of the Right of Interment or Inurement is made, a list of the names and addresses of the persons whom the Deed may subsequently pass shall be included in writing. Should a subsequent change be necessary, the purchaser should notify the City of Canfield in writing of the name and address of any individual(s) to whom the Right of Interment would descend.
Item 7. If the City of Canfield becomes aware of the death of all related parties, failure of their heirs or executors to claim the Right for Interment within five (5) years from the death of the last family member shall result in the forfeiture of the Right for Interment. Any claims to a Right of Interment by an heir or executor must be accompanied by a death certificate/obituary and by a Certified Letter of Authority for Executors/ Administrators.
Item 8. The container for cremated remains to be inurned shall be of material approved by the City of Canfield and be of a suitable size. The City or its representative shall have full authority to refuse to accept any receptacle deemed unsuitable.
(b) Interments.
Item 1. Permits for burials are issued by the Mahoning County Board of Health and are required for interment or inurnment. Certificates of cremation are also acceptable, for inurnments.
Item 2. Payment for opening and closing of graves must be made at time of interment or inurnment.
Item 3. When instructions regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or for any reason, the graves cannot be opened where specified, the Sexton may, at his discretion open it in such location in the plot, as he deems best and proper and the City shall not be responsible or liable for damages for any error so made.
Item 4. The cemetery Sexton, or designee, must be notified of a burial no less than 24 hours prior to the time of burial.
Item 5. In the event of emergencies or inclement weather conditions, burials will be conducted at the discretion of the Sexton or designee.
Item 6. Funerals are not permitted on Sundays or the following holidays: New Year's Day, President's Day, Good Friday, Easter Sunday, Memorial Day, Independence Day Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve and Christmas Day except as necessary to comply with Ohio State Law.
Item 7. Vaults must be made of concrete or metal.
Item 8. Only 1 full interment is permitted per grave. A full interment and one (1) inurnment (cremation) or two (2) inurnments (cremations) are permitted per grave.
Item 9. If a cremation (inurnment) and full interment are to be made on one grave, the full interment must be done prior to the inurnment.
Item 10. Regardless of whether two (2) inurnments are made together, or a full interment and inurnment are made at the same time, separate opening and closing fees are required for each.
Item 11. Hours of interment: Between 8:00 - 2:00 p.m. After 2:00 p.m. charges made in accordance with Saturday burial fees as reflected in Canfield Codified Ordinance Chapter 947 as amended from time to time.
Item 12. The City reserves the right to correct any cemetery lot conveyances, burials of removal errors. Such correction may include canceling, refunding, substituting a grave or niche for another of equal value and similar location as best as possible, or removing and relocating a previous burial within the cemetery.
(c) Columbarium.
Item 1. Columbarium(s) shall be used exclusively for the storage of cremated human remains only.
Item 2. Each single columbarium niche shall be 11 ½" squared at the opening, 11 ½" deep and tapers to 10 ½" at the rear and shall store one (1) cremated remain. Each double columbarium niche shall be 11 ½" squared at the opening, and approximately 23" deep and may store two (2) cremated remains.
Item 3. Niches shall be assigned in the order that applications are made.
Item 4. Niches cannot be resold except back to the City of Canfield, subject to the approval of the Sexton, or designee and at the original purchase price. The City of Canfield reserves the right of refusal to repurchase.
Item 5. All plaques and inscriptions will be uniform containing only the name, year of birth and year of death of the individual and shall be from the approved Cemetery Price List (Section 8).
Item 6. All emblems or vases shall be kept uniform an shall only be from the approved Cemetery Price List (Section 8)
Item 7. Urns must be made of material suitable for interment within a niche. The Sexton, or designee shall have full authority to refuse to accept any receptacle deemed unsuitable.
Item 8. The City of Canfield will be responsible for the care and repair to the columbarium. The City of Canfield will take all reasonable care to ensure the safety of the interred remains. The City of Canfield will not be held responsible for the loss or destruction of interred remains due to vandalism, acts of nature or any unforeseen circumstances.
Item 9. No flower arrangements, plants, wreaths, artificial flowers, toys or mementos will be allowed to be placed near the columbarium at any time, except at the time of interment. The City of Canfield reserves the right to remove any such ornamentation or correct any such alteration at the expense of the owner without being deemed guilty of any manner of trespass.
Item 10. Funeral decorations will be removed in seven days after the interment or at the discretion of the cemetery Sexton, or designee. The City will assume no responsibility for the safe keeping of any floral memorial or container.
Item 11. Niche openings can only be performed by the cemetery Sexton, or designee. Anyone, other than a city employee, who attempts to open a niche, will be prosecuted under state and local laws. Any acts of vandalism will also be prosecuted under state and local laws.
(d) Disinterments.
Item 1. All laws of Ohio regarding disinterment shall be complied with. Applications for disinterment should be made by next of kin of the deceased and consent of the owner of the lot involved must be obtained.
Item 2. Payment for disinterment shall be made in advance; the person(s) requesting a disinterment are responsible for the cost of having a vault company available to exhume the vault.
Item 3. The Sexton will use utmost care in making removals, but will not assume any liability for any damage incurred in so doing.
Item 4. Charges for disinterment shall be based on time and materials.
(e) Foundations, Monuments and Markers.
Item 1. Monuments and markers shall be set on concrete foundations.
Item 2. Foundations shall be installed by a contractor approved by the City and in accordance with the specifications adopted from time to time by the Public Works department. All footer and other applicable fees must be paid prior to installation of the footer. Footer locations must be approved by the City prior to installation. A footer application form may be obtained from the Sexton or designee.
Item 3. The monument base shall not exceed the dimension of the foundation.
Item 4. All monuments must be kept in line with others in said section.
Item 5. The owner/family is responsible for maintaining and repairing monuments or markers. If a monument or marker is to be replaced, the party replacing the headstone must request and receive permission from the City of Canfield and must also remove the old headstone from the cemetery.
Item 6. Monuments set in the cemetery east of the center drive (new sections of the cemetery) must be flat markers which are flush with the ground or ledger stones which have no more than a 2" rise. No upright stones are permitted.
Item 7. Headstones on single graves must be 40" or less in width. Headstones spanning two (2) adjoining graves must be 60" or less in width.
Item 8. Monument companies must submit a footer request to the cemetery Sexton or his designee prior to the footer being installed. Said request shall contain the stone dimensions and must be approved by the Sexton or his designee.
Item 9. When monument companies set headstones, they shall use sand under the stone so as to make sure the stone is level and does not rock. The City of Canfield is not responsible for damage caused to stones which have not been properly installed.
Item 10. Workmen erecting monuments or headstones shall assume all liability to damage to lawns, trees, shrubbery and other fixtures.
Item 11. All memorials shall meet with the approval of the superintendent, coordinator, Sexton or designee before erecting.
Item 12. Monuments must be cut to fit the foundation or monument companies will be responsible for the expense required to pour a new foundation.
Item 13. No memorial shall be allowed to be left at the cemetery unless the foundation is completed.
Item 14. Only one marker per grave will be permitted and must be placed at the head of the grave.
Item 15. Foundations will be poured in spring and fall of each year.
Item 16. Only flat or grass type markers will be permitted to be used unless approved by Sexton in prescribed area.
(f) Care of Lots.
Item 1. All lots shall be given the same care except those lots that are endowed and are so designated to receive additional care.
Item 2. The City maintains the cemetery grounds, buildings and appurtenances. All graves sold include general care (also known as perpetual care), which is included in the purchase price, and includes the regular cutting, trimming and reseeding for the maintenance of the turf.
Item 3. Graves shall be kept level with surrounding turf and flowers or shrubs shall not be planted thereon, in flat marker section.
Item 4. Any flower containers must be light enough to allow City employees to easily move for maintenance purposes. Containers which are difficult to move will be removed by the cemetery Sexton or his designee.
Item 5. No more than one vase of flowers is permitted on each grave; these shall be placed in line with the headstone. All other will be removed by Sexton two weeks after Memorial Day. Artificial flowers are NOT permitted to be stuck directly in the ground.
Item 6. May 15 to October 1st One vase, artificial or live. December 1 to March 1st Wreath or artificial vase permitted.
Item 7. All decorations must be removed by March 15th of each year.
Item 8. Fences, curbs, gravel edging, or other types of enclosures are not permitted on lots.
Item 9. Any decorations deemed offensive by the cemetery Sexton or his designee will be removed at said person(s) discretion.
Item 10. Canfield Cemetery shall not be liable for lost, misplaced, or broken vases, nor for damage caused by thieves, vandals, or any other cause beyond control.
Item 11. Items that become unsightly, overgrown, diseased or dangerous, interfere with maintenance or violate these rules will be removed without notice, and the City shall have no responsibility for the return or replacement of such items. The City shall not be responsible, financially or otherwise, for any damage, theft or vandalism occurring to decorations placed on graves.
Item 12. No person shall disturb any grave, or deface, pull up, add or remove any grave markers or ornamentation, except by order of or with the permission of the Sexton or designee in charge of City cemeteries, or that of the owner of such grave.
(g) Grounds.
Item 1. Automobiles shall not be driven through the grounds at a greater speed than ten miles per hour and must be parked on the right-hand side of the drive. Care should be taken not to park on narrow drives thus blocking traffic passing.
Item 2. Persons shall not be permitted to have refreshments within the cemetery, nor to sit or lounge on graves and monuments.
Item 3. Persons or vehicles are not permitted in the cemetery after dark.
Item 4. Children shall not be permitted to use the cemetery as a playground.
Item 5. Dogs and horses are prohibited in the cemetery.
Item 6. The Sexton shall have charge of the grounds and control of all persons in the cemetery, including the conduct of all traffic, employees, and shall have the power to enforce the rules and regulations and exclude from the cemetery any person violating same.
Item 7. The City of Canfield owns all cemetery property. A person or persons purchasing a grave or graves is merely purchasing the right to be buried in that section of the cemetery.
Item 8. Green burials are NOT permitted in cemeteries owned by the City of Canfield.
Item 9. Scattering or leaving ashes on cemetery grounds is strictly prohibited.
Item 10. The City of Canfield reserves the right to modify or make additions to these rules and regulations at any time. All rules and regulations previously adopted are hereby repealed.
(h) Cemetery Price List. Shall be pursuant to Canfield Codified Ordinance Chapter 947 as amended from time to time.
(i) This Ordinance and all deliberations relating to the passage of this Ordinance were held in open meetings of this Council, all pursuant to Section 121.22 of the Ohio Revised Code and Section 3.11 of the Charter of the Municipality of Canfield.
(j) Honoring Veterans. The City of Canfield honors veterans at the cemeteries in the following ways:
1. VA headstones/markers: A family can honor their loved one with a military marker and/or headstone provided by the U.S. Department of Veteran's Affairs (VA Form 40-1330). A funeral home can assist families with this process, or the Cemetery Administrator can be contacted for more information. The City Administrator needs to be notified at the time of ordering, be provided a copy of the VA Form 40-1330 and proof of military service and may need to gather additional information. No monuments, markers, or flags are permitted to be set without prior approval from the City Cemeteries.
2. Memorial Day Weekend: A group designated by the City of Canfield may facilitate a special commemorative "Memorial Day Service" on Memorial Day that includes a variety of events. Flags are put up at the grave spaces that have an existing Veteran's marker throughout the cemeteries.
3. Holiday Wreath Program: A group designated by the City of Canfield may facilitate a special commemorative "Wreathes for our Veteran's” prior to the Christmas holiday season that includes a variety of events. Wreathes may be put up at the grave spaces that have an existing Veteran's marker throughout the cemeteries
(Ord. 2023-30. Passed 8-9-23.)