ORDINANCE NO. 2022-11
AN ORDINANCE AMENDING TITLE 7, CHAPTER 3 SECTION 3 “RESIDENT DEFINED” AND SECTION 14 “PERMITS REQUIRED FOR BURIAL, DISINTERMENT.” REFINING THE DEFINITION OF RESIDENT AND PROHIBITING DOUBLE DEEP DISINTERMENTS AND PROVIDING FOR AN EFFECTIVE DATE.
   
WHEREAS, Pleasant Grove City has established a cemetery to service the citizens of Pleasant Grove; and   
WHEREAS, the Cemetery is regulated both by policy and by ordinance; and   
WHEREAS, it has become necessary to amend the ordinance to provide a clarification of the definition of “resident” for purposes of burial rights; and
WHEREAS, it has become necessary to prohibit the disinterment of double deep burials; and
WHEREAS, said the Pleasant Grove City Council held a public meeting on March 1, 2022 to consider said ordinance amendments; and
WHEREAS, the city council finds that said amendments are in the best interest of the citizens of Pleasant Grove.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Pleasant Grove City, Utah County, State of Utah as follows:
SECTION 1. Section 7-3-3 and Section 7-3-14 are hereby amended to read as follows:
 
CHAPTER 3
CEMETERY REGULATIONS
 
SECTION:
7-3-1: Office Of Sexton Created
7-3-2: Duties Of Sexton
7-3-3: Resident Defined
7-3-4: Burial Rights
7-3-5: Sale Of Lots; Maintenance
7-3-6: Private Improvements Prohibited
7-3-7: Unused Lots; City Rights
7-3-8: Alternative Council Procedures For Notice; Termination Of Rights
7-3-9: Purchase Of Unused Lots By City Sexton/Maintenance Supervisor
7-3-10: Duties Of The City
7-3-11: Records
7-3-12: Interments
7-3-13: Death Certificate Required
7-3-14: Permits Required For Burial, Disinterment
7-3-15: Only Human Remains To Be Buried
7-3-16: Recordation
7-3-17: Headstones And Vaults
7-3-18: Fees Established By Resolution; Collection
7-3-19: Burials Outside Cemeteries
7-3-20: Burial Of Indigent Persons
7-3-21: Holiday Funerals
7-3-22: Driving In Cemetery
7-3-23: Defacing Or Removing Shrubs, Headstones
7-3-24: Animals In Cemetery
7-3-25: Unlawful Acts
7-3-26: Regulation Authority
 
7-3-1: OFFICE OF SEXTON CREATED:
There is created the Office of Sexton. (Ord. 2014-31, 8-5-2014)
 
7-3-2: DUTIES OF SEXTON:
It shall be the duty of the Sexton to take charge of the cemetery and to improve the ground therein under the direction of the City Council or their designee; to dig or cause to be dug all graves required for the burial of the dead therein; to keep a record of the same and perform such other duties in relation to the cemetery as may be required. (Ord. 2014-31, 8-5-2014)
 
7-3-3: RESIDENT DEFINED:
For the purpose of this chapter, "resident" means a person who has lived in the City for thirty one (31) days prior to the use of a gravesite. (Ord. 2014-31, 8-5-2014)
is defined as a person whose primary residence is within Pleasant Grove City or whose last known primary residence address was within the city before moving to a care facility or to be cared for by a family member that is not within the city. Residency shall be determined at the time the city receives a request for interment. Except as permitted in this definition, if a person to be buried is deceased at the time of purchase of the interment, residency shall be determined by the primary residency of the deceased person at the time of death. In the event that the deceased had established primary residency within Pleasant Grove City but had been moved to a care facility or to be cared for by a family member that is not within Pleasant Grove City for not longer than twelve (12) months prior to the time of purchase of the interment may be considered a resident for purposes of this policy.
 
7-3-4: BURIAL RIGHTS:
A. Burial Right Defined: All property including lots, plots, and gravesites within the cemetery are owned by the City. A burial right is simply a right to be buried in the cemetery.
B. Burials Per Lot: Only one burial shall be allowed per lot. Exceptions include:
1. Double deep burials permitted in accepted areas,
2. The burial of two (2) infants or four (4) cremated remains as space in the lot may permit, or
3. Placement of an infant or cremation buried on top of an existing grave of a family member with the written approval of the lot owner and Sexton. (Ord. 2018-26, 11-13-2018)
 
7-3-5: SALE OF LOTS; MAINTENANCE:
A. Perpetual Maintenance: Any person who has heretofore purchased a burial right in a lot, part of a lot or individual burial site in the cemetery which is not provided perpetual care may, and any person who shall hereafter purchase a burial right in a lot, part of a lot or individual burial site shall, pay into the treasury the appropriate fee, as adopted by resolution of the City Council, for each burial site to be occupied by a resident or nonresident of the City. After the fees have been paid, the City shall thereafter, at its own expense, care for, maintain and furnish water for and irrigate the lot, part of lot or individual burial site in grass or some type of vegetation.
B. Right To Maintain: The city is responsible for the maintenance of the cemetery. The city reserves the right to enter upon a lot to perform all work necessary for the maintenance of the cemetery. This may include, but is not limited to, the removal of trees, shrubs, and flowers.
C. Transfer: No burial site shall be transferred from one individual to another unless the payments for care are paid in full.
Resident to resident fee: According to current fee schedule.
Family to family fee: According to current fee schedule. ("Family" defined as spouse, parent, child, grandparent, sibling or grandchild.)
Resident to nonresident fee: According to current fee schedule and the difference between what was originally paid and the current nonresident fee. (Ord. 2014-31, 8-5-2014)
 
7-3-6: PRIVATE IMPROVEMENTS PROHIBITED:
A. Private Improvements To Lots Are Prohibited: It shall be unlawful for any person to erect or maintain any structure, fence, corner post, coping, or hedge of any kind upon any lot, street, or driveway in the cemetery, or grade the ground or land thereof.
B. Plantings: It shall be unlawful for any person to plant shrubs, trees, lawns, flowers, etc., place decorative stones, place headstones, or other permanent items or structures upon any lot in the cemetery without the approval of the sexton.
C. Removal And Resetting Of Headstones: Once a headstone has been installed, the city shall not be responsible for the removal and resetting of that headstone. It shall be the responsibility of the burial right owner or purchaser to arrange for the removal of the headstone by a monument company. The city shall not be liable for any damage to the headstone or vases that may occur during the removal or resetting process. (Ord. 2014-31, 8-5-2014)
 
7-3-7: UNUSED LOTS; CITY RIGHTS:
If, for a period in excess of sixty (60) years and one day of purchase of any cemetery lot, the grantee, or person claiming through the grantee, has not used portions of the lots or parcels for purposes of burial and has not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the sixty (60) year period has not given the city written notice of any claim or interest in the lots or parcels, the city may, by following the procedures set forth in section 8-5-8, Utah Code Annotated, 1953, as amended, or its successor, demand of the grantee or persons claiming through the grantee, that they file with the city sexton/maintenance supervisor a written notice of claim or interest in and to the lots or parcels accompanied by evidence of their claim within fifty (50) days after service of a copy of notice of demand. (Ord. 2014-31, 8-5-2014)
 
7-3-8: ALTERNATIVE COUNCIL PROCEDURES FOR NOTICE; TERMINATION OF RIGHTS:
A. As an alternative to the procedure set forth in section 7-3-7 of this chapter, the city council may pass a resolution demanding that the owner of a lot, site, or portion of the cemetery, which has been unused for burial purposes for more than sixty (60) years, file with the city recorder notice of any claim to the lot, site, or parcel.
B. The city council shall then cause a copy of the resolution to be personally served on the owner in the same manner as personal service of process in a civil action. The resolution shall notify the owner that the owner must, within sixty (60) days after service of the resolution on the owner, express interest in maintaining the cemetery lot and submit satisfactory evidence of an intention to use the lot for burial.
C. If the owner cannot be personally served with the resolution of the city council as required in subsection B of this section, the city council shall publish its resolution for three (3) successive weeks in a newspaper of general circulation within Utah County and mail a copy of the resolution within fourteen (14) days after the publication to the owner's last known address, if available.
D. If, for thirty (30) days after the last date of service or publication of the city council's resolution, the owner or person with a legal interest in the cemetery lot fails to state a valid interest in the use of the cemetery lot for burial purposes, the owner's rights are terminated and that portion of the cemetery shall be vested in Pleasant Grove City Corporation. (Ord. 2014-31, 8-5-2014)
 
7-3-9: PURCHASE OF UNUSED LOTS BY CITY SEXTON/MAINTENANCE SUPERVISOR:
The city sexton/maintenance supervisor, when directed so to do by the mayor, may purchase for the city, with funds provided for that purpose by the city council, any unused lots or portions of lots located in the city cemetery at a price of one-half (1/2) the current resident rate. It is unlawful, however, for the sexton/maintenance supervisor or any other employee of the city to trade, deal in or make a profit, directly or indirectly, out of any transaction involving the sale, purchase or transfer of any cemetery lot. (Ord. 2014-31, 8-5-2014)
 
7-3-10: DUTIES OF THE CITY:
A. Burials: The city shall prepare a lot for burial upon request and after a certificate of burial rights has been issued by the city. The city shall provide supervision for every interment and disinterment. (Ord. 2014-31, 8-5-2014)
 
7-3-11: RECORDS:
The city recorder shall keep a record in a book to be kept for the purpose of all conveyances executed as provided in this chapter, stating the number of lot and block conveyed, and the amount received for the same. The city of Pleasant Grove will record and maintain a record of each certificate of burial right. All certificates will be recorded with Utah County biannually, no later than January 1 and July 1 of each year. The city of Pleasant Grove will file an accurate plat of the cemetery with Utah County clearly showing sections of burial lots which have been disposed of and the names of persons owning each burial right and sections of burial rights held for disposal. Additional plats for additions to the cemetery will be filed with Utah County before offering for sale any burial rights located in the cemetery. (Ord. 2014-31, 8-5-2014)
 
7-3-12: INTERMENTS:
No body of any deceased person shall be interred within the limits of the city except in the cemetery, or in such other cemetery as may be hereafter established by consent of the city council. No body of any deceased person shall be interred in any cemetery, nor taken beyond the limits of the city for interment, except by a written permit signed by a funeral director; nor shall a railroad or other common carrier of any such person receive any body for transportation beyond the limits of the city without such permit. (Ord. 2014-31, 8-5-2014)
 
7-3-13: DEATH CERTIFICATE REQUIRED:
Before burying any dead body in any cemetery, and before transporting any dead body beyond the limits mentioned herein, the relatives or any other person having charge of the body must furnish to the sexton or his designee a statement in writing of the death, which shall be recorded by him. The statement, as well as the record, shall include the name of the person deceased with the names of his parents or other relatives, if known; when and where born, if known; the date and cause of death, together with the name of the attending physician, if any, or coroner, as the case may be; also the date of burial, as well as the name of the cemetery, with the number of the lot where the body is buried, and such other pertinent facts as may be necessary; or if transported beyond the limits mentioned in this chapter, the place of designation. (Ord. 2014-31, 8-5-2014)
 
7-3-14: PERMITS REQUIRED FOR BURIAL, DISINTERMENT:
A. Burial: It is unlawful for any person to bury the body of a deceased person in the cemetery without first paying for and obtaining as herein provided a certificate of purchase of the lot used or if he does not own or purchase a lot, without furnishing a written permit from the owner or nearest relative of the owner thereof, which permit shall be filed with the city recorder. It is unlawful for any body to be buried in the cemetery or in any other cemetery within the limits of the city except under the direction of the sexton.
B. Disinterment:
1. City Responsibility: The city must balance its responsibility for the health, welfare, and safety of its employees with the request of a burial lot owner when asked to disinter human remains. Any request to disinter human remains shall comply with all applicable federal, state and local laws.
2. Permitted: Subject to applicable federal, state and local laws, the city shall honor a request to disinter human remains upon written court order or a written request on a form provided by the city from the owner of the burial rights providing the disinterment may be accomplished without endangering the health, safety, or welfare of the city's staff or the public. The city may on its own initiative disinter human remains in instances where a natural or manmade disaster has exposed a grave and disinterment is necessary to protect the public health, safety, or welfare.
3. Prohibited: The city shall not disinter the remains of a person who died from a contagious disease within two (2) years after the date of burial, unless the body was buried in a hermetically sealed casket or vault and is found to be so encased at the time of disinterment. No double deep disinterment will be permitted. 
4. City's Duties: The city sexton shall determine whether a disinterment poses a danger to the health, safety, and welfare of city staff or the public. The city sexton may refuse to perform a disinterment if he determines there is a danger to the health, safety, and welfare of city staff or the public. The city sexton may also refuse to authorize a disinterment if he determines that the disinterment would disturb or damage an adjacent burial lot. The city sexton may make his determination at any time during the disinterment process.
Upon the determination that a disinterment poses no danger to the health, safety, or welfare of city staff or the public and that the disinterment would not disturb or damage an adjacent burial lot, the city shall excavate and refill the burial lot. The city shall comply with any court order.
5. Requestor's Duties: Absent a court order and at least seven (7) working days prior to a disinterment, the requesting party shall submit a disinterment permit from the county board of health, the city's disinterment affidavit of kinship and indemnification agreement form and pay all applicable fees prior to the city commencing any disinterment.
The requestor shall arrange for and pay any associated costs for a funeral director to be present at a disinterment.
The requestor shall arrange for and pay any associated costs for a licensed vault company to remove the vault and its contents from the burial lot. If the burial lot does not contain a vault or the city sexton determines the existing vault has deteriorated to the point that it will not retain its structural integrity during the disinterment, the requesting party shall replace the deteriorated vault with a structurally sound vault at the requestor's expense. The requestor shall arrange to dispose of any old vault in a manner meeting federal, state, and local laws.
6. Liability: The city assumes no liability for any property damage, including damage to a casket, vault, headstone, etc., or for bodily injury sustained during a disinterment due to causes beyond its reasonable control. The city is not liable for acts or omissions of any third party for any reason. The city is not liable for damage to the contents of any casket or adjacent lots due to causes beyond its reasonable control. The city is not liable for any mental anguish, shock, or intentional or negligent infliction of emotional distress arising out of any disinterment. (Ord. 2014-31, 8-5-2014)
 
7-3-15: ONLY HUMAN REMAINS TO BE BURIED:
Only human remains may be buried in the cemetery. (Ord. 2014-31, 8-5-2014)
 
7-3-16: RECORDATION:
The sexton shall keep in a good and substantial and well bound book, a true and complete record of the death and place of burial of every person so reported to him, the book to be furnished at the expense of the city. All records kept in pursuance of this chapter shall be the property of the city, and at all reasonable times shall be open to the inspection of the public, and at the expiration of his term of office the sexton shall turn all such property over to his successor in office; and he shall report fully to the city council as is required by that body. (Ord. 2014-31, 8-5-2014)
 
7-3-17: HEADSTONES AND VAULTS:
A. No person owning a burial right in the city cemetery or any person or firm selling headstones to persons owning burial rights in the cemetery shall plant, grade or do any work in the cemetery except by written authority had and obtained from the city recorder or sexton. The city council shall, by resolution, designate the type of headstones, grade of ground, plantings and other improvements which may be permitted in the city cemetery. No headstone of any kind shall be placed in or on a lot on which perpetual care has not been paid for, and it shall be the duty of the sexton to see that no such headstones of any kind are placed in the cemetery where perpetual care is maintained, except where permission is first had and obtained. In no event shall any headstone be placed in the cemetery unless the headstone is constructed with a four inch (4") to six inch (6") plate extending horizontally from the base of the headstone and may not be wider than forty inches (40") for a single grave or eighty inches (80") for a double grave in order that maintenance of the cemetery may be facilitated. One headstone is allowed per person, per grave; military footnotes are the only exception. No person shall place headstones during the months of December through March and one week prior to, during or one week following Memorial Day. Unauthorized placement of headstones will be subject to removal. (Ord. 2015-21, 7-7-2015)
B. Any person that purchases a headstone to be placed in the cemetery bears all responsibility for any damage that may occur after being placed in the cemetery. This includes potential damage from the operation of cemetery equipment, vandalism, vault and headstone companies, accidents, acts of nature, etc. Headstones are placed at your own risk. The city is not responsible for damage to any item placed on a headstone such as flower stands, wire baskets, decorations or anything placed on headstones that could potentially be damaged.
C. It shall be unlawful for any person to be buried in the cemetery unless the casket is placed in a city approved vault made of concrete or another material that has similar structural properties as concrete. No wood shall be used in the construction of any part of any vault. Exceptions to the provision of this section may be granted for infant or cremation burials only. In such instances, the design and construction of the burial vault shall be approved by the city. (Ord. 2014-31, 8-5-2014)
 
7-3-18: FEES ESTABLISHED BY RESOLUTION; COLLECTION:
The city council shall henceforth be authorized to establish by resolution the price for sale of lots and fees for services of the sexton. The city recorder is authorized to utilize all remedies available to collect any unpaid fees for lots or services. (Ord. 2014-31, 8-5-2014)
 
7-3-19: BURIALS OUTSIDE CEMETERIES:
It shall be unlawful to bury human remains within the city, except at sites designated and approved by the city. (Ord. 2014-31, 8-5-2014)
 
7-3-20: BURIAL OF INDIGENT PERSONS:
A portion of the cemetery may be designated for the burial of indigents. Whenever it is determined by the city administrator that any resident of Pleasant Grove who has died, who does not have funds or an estate sufficient to pay the cost of a burial right in the cemetery, and whose nearest relative or representative desires to have the body of such deceased interred in the cemetery, the city administrator may grant a burial right for such deceased person at no cost. All strangers without known relatives or funds who die in the city may be accorded the same privilege. (Ord. 2014-31, 8-5-2014)
 
7-3-21: HOLIDAY FUNERALS:
Interments or disinterments in the cemetery shall not be allowed on New Year's Day, Memorial Day weekend beginning Saturday morning through Memorial Day, Thanksgiving Day, Christmas Eve and Christmas Day. (Ord. 2014-31, 8-5-2014)
 
7-3-22: DRIVING IN CEMETERY:
Driving on lots, backing over graves, cutting corners, speeding or using the cemetery roadways to gain access between two (2) public streets separated by the cemetery is prohibited. (Ord. 2014-31, 8-5-2014)
 
7-3-23: DEFACING OR REMOVING SHRUBS, HEADSTONES:
No person shall injure, deface, take or carry away from any grave or lot any monument, headstone, tree, shrub, flower, ground or any other property or ornament in the cemetery, except with written permission of the sexton. (Ord. 2014-31, 8-5-2014)
 
7-3-24: ANIMALS IN CEMETERY:
It is unlawful for the owner, caretaker or other person in charge of livestock to allow or negligently permit animals to run at large or trespass on cemetery grounds. (Ord. 2014-31, 8-5-2014)
 
7-3-25: UNLAWFUL ACTS:
It is unlawful for any person to dig or attempt to dig any grave in the cemetery, or exhume or remove any corpse from any grave therein without the permission of the sexton, or to tie an animal to any tree, headstone, or monument on the grounds of the cemetery, or to cut in any manner, disfigure or injure the enclosures within the cemetery. (Ord. 2014-31, 8-5-2014)
 
7-3-26: REGULATION AUTHORITY:
The city council shall prepare, and have printed, rules and regulations for the operation of the cemetery, and such rules and regulations will cover all matters necessary for the operation of the cemetery which are not contained in this chapter. (Ord. 2014-31, 8-5-2014)
 
SECTION 2. SEVERABILITY . The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any of the remaining sections, paragraphs, sentences, clauses or phases of this Ordinance.
SECTION 3. EFFECTIVE DATE . This ordinance shall take effect immediately upon its passage and posting as provided by law.
SECTION 4.   APPROVED AND ADOPTED AND MADE EFFECTIVE by the City Council of Pleasant Grove City, Utah County, Utah, this 1st  day of March 2022.
 
                     ________________________________
                     Guy L. Fugal, Mayor
                        
ATTEST:                        (SEAL)
 
 
_______________________________
Kathy Kresser, MMC
City Recorder   
 
Motion: Council Member _____________________   
Second: Council Member _____________________
 
ROLL CALL     Yea     Nay       Abstain
 
Mayor Guy L. Fugal    _____       _____       _____
Dianna Andersen    _____       _____       _____
Brent Bullock       _____       _____       _____
Eric Jensen       _____       _____       _____
Cyd LeMone       _____       _____       _____
Todd Williams    _____       _____       _____
 
CERTIFICATE OF POSTING ORDINANCE
Pleasant Grove City Corporation
 
I, the duly appointed recorder for the City of Pleasant Grove, hereby certify that a summary of the foregoing Ordinance No. _ was posted on the State (http://pmn.utah.gov) website on this           day
of                       , 2022.
 
Dated this                      day of , 2022.
 
                  
Kathy T. Kresser, MMC, City Recorder