(A) Disclaimers.
(1) Loss of damage. Whether or not guards are used, the city disclaims all responsibility for loss or damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief-makers, explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil authority, whether the damage is direct or collateral.
(2) Telephoned or verbal orders. The city shall not accept any order given by telephone. Orders shall be in writing, via e-mail or by certified mail. The city shall not be held responsible for any mistake occurring from the want of precise and proper instructions as to the particular plot or niche, size and location in a plot or niche where interment is desired.
(3) Delays caused by protests. The city shall in no way be liable for any delay in the interment of a body where a protest to the interment has been made, or where this code has not been complied with.
(4) Embalming or identification. The city shall not be liable for the interment permit nor for the identity of the person sought to be interred; nor shall the city be liable in any way for the embalming of the body.
(5) Removal. The city shall exercise due care in making disinterment and removal, but it shall assume no liability for damage to any casket or burial case or urn incurred in making disinterment and removal.
(B) Reservations.
(1) Roadways and replatting. The right and privilege to resurvey, enlarge, diminish, replat, alter in shape or size or otherwise to change all or any part of the property mapped and platted, including the right to lay out, establish, close, eliminate or otherwise modify or change the location of roads, walks or drives, and to file amended maps or plots thereof, and to use the same for the erection of buildings or for any purposes or uses connected with, incidental to or convenient for the care, preservation or preparation for the disposal or interment of human dead bodies, or other cemetery purposes, together with easements and rights of way over and through the premises, and the right of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communication lines or for any other purpose is expressly reserved.
(2) Easement-right of interment. No easement or right of interment is granted to any plot owner in any road, drive, alley or walk within the cemetery, but such road, alley or walk may be used as a means of access to the cemetery or buildings as long as the city devotes it to that purpose.
(3) Notice provisions. The right is reserved by the city to insist upon at least 24 hours’ notice before any interment, and to at least one week’s notice prior to any disinterment or removal.
(4) Correction of errors. The city reserves, and shall have the right to correct any errors that may be made by it either in making interments, disinterment or removals, or in the description, transfer or conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the city, or by refunding the amount of money paid on account of the purchase. In the event the error shall involve the interment of the remains of any person in such property, the city reserves, and shall have the right to remove and re-inter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The city shall also have the right to correct any errors made by city personnel.
(Prior Code, § 12-1-8) (Ord. 09-732, passed 2-18-2009; Ord. 19-842, passed 11-6-2019)