2-2-9: CEMETERIES:
   A.   Duties And Responsibilities Of Commission: The duties and responsibilities of the commission with respect to the City Cemetery shall be as follows:
      1.   To ensure that cemetery services are provided to the public at reasonable rates.
      2.   To ensure, in all ways possible, that the cemetery is operated in an efficient businesslike manner.
      3.   To ensure the contributions to the Cemetery Fund are adequate to provide care of the facilities in perpetuity.
      4.   To create and recommend to the City Council for adoption a master plan for the development of the cemetery lands, facilities and rules and regulations for the proper conduct and operation of the cemeteries of the City.
      5.   To advise and assist the Parks and Recreation Director where appropriate in cemetery operations.
   B.   Cemetery Lot Sales:
      1.   Rules And Regulations; Use Of Lots: All lots shall be sold subject to the rules and regulations now in force or which may hereafter be adopted and shall be used for no other purpose than for the burial of human dead.
      2.   Price Of Lots: The price of lots and services will be set by resolution adopted by the City Council. All prices are subject to modification by the City Council. No warranty of specific care or maintenance to individual lot areas or monuments is given by the City. As a City Cemetery, the care and maintenance provided is what would be reasonable for the City Cemetery under the funding restraints of the City of Rathdrum budget.
      3.   Payment In Full: Payment in full is required to purchase or reserve a lot.
      4.   Transfer Or Assignment: All transfers or assignments of any lot or block shall be on the form provided by the City Clerk and notarized, with a copy of the executed form delivered to the City Clerk in order for the transfer or assignment to be valid.
      5.   City Repurchase: At the City's discretion, the City may elect to purchase back from the owner at the original purchase price a cemetery lot that is unused.
   C.   Interment Provisions:
      1.   Certificate Required: No interment will be permitted, nor shall anybody be received for burial, unless a proper certificate is furnished to the City Clerk setting forth the name of the deceased, the residence of the deceased at the time of his or her death, the name of his or her nearest relative and the time, place and cause of death.
      2.   Interment Process: A form shall be filled out at City Hall by the next of kin or person in care of the deceased that begins the interment process. The death certificate as mentioned above shall be attached to the form. To conduct the interment the appropriate fees such as an opening and closing fee and temporary marker fee, as established by resolution shall be paid.
      3.   Notification Of The Parks And Recreation Director Or Designee Required: At least twenty four (24) hours' notice must be given to the Parks and Recreation Director or designee before an interment. Such notice shall give the size of the case proposed to be used and the location of the grave.
      4.   Interments Per Grave Or Niche Limited:
         a.   Old section: Only one (1) casket interment shall be in one (1) grave, except that a parent and infant, or two (2) children may be placed in one (1) casket, or one (1) interment and six (6) cremains in the lot or eight (8) cremains only in the lot.
         b.   New section (north of Division Street): Only one (1) interment shall be made in the grave, except that a parent and infant, or two (2) children, may be placed in one (1) casket, or one (1) interment, and one (1) cremains in the lot or two (2) cremains only in the lot.
         c.   Only one (1) cremains will be allowed in each niche space.
         d.   All cremains are to be placed in a nonperishable container prior to interment in either a grave or a niche space.
      5.   All full burials conducted in the Pinegrove Cemetery shall require the remains be placed in a casket as well as a burial vault.  A burial vault is a lined and sealed outer receptacle that houses the casket. It protects the casket from the weight of the earth and heavy maintenance equipment that may pass over the grave. It also helps resist water infiltration and preserves the beauty of the cemetery or memorial park by preventing the ground from settling.
      6.   All cremains must be interred in a fully enclosed, rigid, and leak resistant container.
      7.   Liability Of City:
         a.   Damages: The Municipality shall not be liable for any damage done to any casket, burial case or urn incurred in making removal.
         b.   Mistakes: The Municipality shall not be held liable for any mistake made in the issuance of the interment permit nor for any mistake of identity of the person interred. The Municipality shall not be held liable for any order given by telephone or for any mistake occurring from the want of precise and proper instructions as to the particular space, size or location of the plot where interment is made.
      8.   Sundays And Holidays: No interment, disinterment or removal shall be permitted on Sunday or any of the following holidays: Memorial Day, Fourth of July, Thanksgiving, Christmas, New Year's Day and any legal holidays recognized by the City; provided, however, that when the interment has been ordered within twenty four (24) hours after death by the Health Officer, such interment may be made on such days.
   D.   Graves; Grave And Niche Markings:
      1.   Enclosures Prohibited: No enclosure of any nature shall be allowed on or around any lots or blocks.
      2.   Block Or Lot Markings: Each block or lot shall be marked by an iron pin or pipe at each corner level with the ground.
      3.   Grave Mounds Prohibited: Grave mounds are not permitted.
      4.   Care Of Graves: Graves shall receive the same general care as other parts of the lawn, which shall include but not be limited to the removal of dead or diseased trees, shrubs, plants and foliage.
      5.   Grave Monument And Marker Restrictions:
         a.   Steel Reinforced Collar: There shall be constructed a steel reinforced collar four inches (4") wide around the base at the bottom of each monument, the top of which shall be flush with the surrounding ground level.
         b.   Permanent And Temporary Grave Marker: A permanent grave marker shall be provided by the next of kin or person in charge of the deceased within nine (9) months of the interment. Prior to interment a temporary marker fee is paid (unless a niche fee is paid). The temporary marker fee is for marking the gravesite prior to the permanent marker and/or for sites that end up without a permanent marker. The temporary grave markers are such that they retain or nearly retain their original condition for several years and shall be deemed permanent markers for City purposes. The City Clerk shall assess a charge established by resolution for marker placement for each lot. Said marker shall contain the information required in subsection C1 of this section.
         c.   Prohibited Markers: No wooden, plastic or glass markers are allowed.
         d.   Improper Or Unsightly Monument Or Inscription: The commission may make recommendations to City staff regarding improper or unsightly monuments or inscriptions. Any monument, effigy, structure or any inscription or sign placed upon any block or lot which, in the opinion of the City staff designated to review such issues, is improper or unsightly will be removed.
         e.   Placement Of The Permanent Grave Marker: All interments require the individual in charge of the burial or monument company to request a verification by the Parks and Recreation Director or designee of the correct location for placement of the permanent grave marker. A fee for the verification will be required and set by City resolution.
         f.   Flush Markers: All monuments and markers shall be flush to the ground, except for the monuments and markers in the portion of the cemetery identified as the old section.
      6.   Niche Markers:
         a.   The purchaser of the niche space or the person responsible for the interment of cremains shall be responsible for the cost of a niche door, including engraving and installation. A small vase may be attached to the door or niche wall where designated by the Parks and Recreation Director. A blank door will be provided by the City until an engraved door is in place.
         b.   No other nameplate will be allowed except for Veterans' Administration nameplates made of bronze and measuring eight and one-half inches by five and one-half inches (81/2" x 51/2").
         c.   When cremains are removed from a niche space with a nameplate, the person making the request to remove the cremains will be responsible for a new niche door.
   E.   Landscaping:
      1.   No glass containers are permitted in the cemetery.
      2.   No shrubs, plants or trees shall be planted on lots or blocks. Pine trees may be planted around the perimeter of the cemetery under the supervision of the Parks and Recreation Director.
      3.   All persons are prohibited from gathering or taking away any flowers, wild or cultivated, or breaking, damaging or destroying any shrub, plant or tree upon the cemetery grounds.
   F.   Setting Of Headstone:
      1.   Initial Inspection: All headstones are to be inspected by the Parks and Recreation Director, or the Parks and Recreation Director's designee, before being erected. Headstones shall be inspected to assure compliance with cemetery rules and regulations.
      2.   Placement Of Headstones:
         a.   Headstones are to be centered on the west edge of any given lot, with the inscription facing east or facing south at the southern edge of Block 55, Lots C, D, E and F, Blocks 84, 85, 114, 143, 144, 173 and 174, Lots A through F.
         b.   Headstones must be flush to the ground within the second addition.
         c.   Collars on all headstones must be flush with the surrounding turf.
      3.   Final Inspection: Final inspection of each headstone is required after it is in place to ensure compliance with surrounding areas.
   G.   Rules Of Conduct:
      1.   Prohibited Acts: All persons are prohibited from writing upon, or in any manner defacing, injuring or marring any monument in the cemetery. No person shall engage in any games of amusement, washing cars, sunbathing or any other activities unrelated to the proper use, order and decorum of the cemetery.
      2.   Animals Running At Large: No dogs or other animals are permitted to run at large on the cemetery grounds.
      3.   Speed Of Vehicles: No horse drawn or motor vehicles shall be driven upon the cemetery grounds at more than five (5) miles an hour. (Ord. 560, 9-13-2017; amd. Ord. 592, 9-9-2020)