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951.08 CEMETERY MAINTENANCE/IMPROVEMENT FUND.
   The City pledges to expend a portion of the moneys received for the sale of cemetery lots, as determined by the Safety-Service Director, for the perpetual care of the lots, the improvement, embellishment or enlargement of City owned cemetery grounds, and the maintenance or replacement of equipment and vehicles of City owned cemeteries.
   Any and all other moneys received and any special gifts or bequests shall also be deposited to the credit of the Cemetery Maintenance/Improvement Fund.
(Ord. 82-9. Passed 1-19-82.)
951.09 MANNER OF MAKING DISBURSEMENTS.
   Disbursements from the Cemetery Trust Fund or the Cemetery Maintenance/ Improvement Fund shall be by warrant drawn by the City Auditor in the manner now in use in the City or in the manner hereinafter provided by law.
(Ord. 82-9. Passed 1-19-82.)
951.10 REPORTS AND STATEMENTS TO COUNCIL.
   Quarterly, the Safety-Service Director shall furnish Council with a written report showing all moneys received and disbursed by him in the management and control of cemeteries. In January of each year, the Director shall furnish Council with a written statement showing the number of burial spaces and lots sold, to whom sold and the amount received therefor, during the preceding calendar year. The Director shall also furnish Council with a detailed statement of the expenditures during the calendar year, showing the time and purpose of each payment and to whom made. In connection with the annual statement, the Director shall also state, in writing, the amount of money in his possession and in the Cemetery Maintenance Improvement Fund, whether or not any of the funds have been invested and, if so, a detailed list of such investments, and evidence of funds on deposit.
(Ord. 82-9. Passed 1-19-82.)
951.11 INVESTMENT OF IMPROVEMENT FUND; SALE OF INVESTMENTS. (REPEALED)
   (EDITOR'S NOTE: Section 951.11 was repealed by Ordinance 82-9, passed January 19, 1982.)
951.12 CREMATION OF A BODY AT THE EXPENSE OF THE CITY.
   (a)   All burials that are at the expense of the City, pursuant to R. C. § 9.15, shall be by cremation.
   (b)   A copy of R.C. § 9.15 is made a part hereof as Appendix “A.” Said Rules And Regulations are kept on file in the Elyria Parks and Recreation Department and Elyria Cemetery Division.
(Ord. 2015-46, passed 4-20-15.)
951.13 INDIGENT BURIALS.
   (a)   (1)   The City shall pay the proper funeral home(s) the following fees for burial of indigents which the City is required by law to bury:
         Indigent Cremation: $550.00 plus pick-up/transport costs for adult or child.
      (2)   The City will provide the vault. An adult is determined to be a person eleven years of age or older.
(Ord. 2021-161. Passed 10-18-21.)
   (b)   The City shall provide space for indigent burials in the paupers' section of Brookdale Cemetery.
   (c)   The expenditures referred to in subsections (a) and (b) hereof shall be paid from and charged against the General Fund, Cemetery Department, Operating and Maintenance Account.
   (d)   Notwithstanding any other provision of this chapter, should any non-City entity, individual or individuals desire to install a headstone or other such memorial marker upon a space provided in accordance with division (b) of this section, that entity, individual, or individuals shall compensate the City for said space in the amount of three hundred fifty dollars ($350.00) prior to said installation.
(Ord. 2020-14. Passed 2-3-20.)
Appendix A
R.C. § 9.15 Burial or Cremation of Body at Expense of Township or Municipal Corporation.
When the body of a dead person is found in a township or municipal corporation, and such person was not an inmate of a correctional, benevolent, or charitable institution of this state, and the body is not claimed by any person for private interment or cremation at the person's own expense, or delivered for the purpose of medical or surgical study or dissection in accordance with R.C. § 1713.34, it shall be disposed of as follows:
(A)   If the person was a legal resident of the county, the proper officers of the township or municipal corporation in which the person's body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(B)   If the person had a legal residence in any other county of the state at the time of death, the superintendent of the county home of the county in which such body was found shall cause it to be buried or cremated at the expense of the township or municipal corporation in which the person had a legal residence at the time of death.
(C)   If the person was an inmate of a correctional institution of the county or a patient or resident of a benevolent institution of the county, the person had no legal residence in the state, or the person's legal residence is unknown, the superintendent shall cause the person to be buried or cremated at the expense of the county.
Such officials shall provide, at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which the person's name and age, if known, and date of death shall be inscribed.
A political subdivision is not relieved of its duty to bury or cremate a person at its expense under this section when the body is claimed by an indigent person. As used in this section, “indigent person” means a person whose income does not exceed one hundred fifty per cent of the federal poverty line, as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the person's family.