(a) Interments.
(1) Right of Burial conveys only the right to be buried in a City of Stow cemetery; ownership of said land remains in the name of the City of Stow.
(2) All burials shall be conducted by City of Stow Cemetery employees and shall be in a vault or grave liner made of either concrete or steel. Urns shall be made of marble, metal or stone or may be in a vault of concrete, steel or fiberglass. Infant burials shall be permitted in Styrofoam casket/vault combinations.
(3) One vault burial per grave is permitted. One infant burial over an adult grave is permitted, provided the adult burial is of sufficient depth. One cremation is permitted over another burial. Two cremation burials will be permitted in a grave where there are no vault burials. There shall be no more than two (2) burials in any single grave.
(4) A Columbarium is provided at Stow Cemetery for the inurnment of cremains. Two inurnments are permitted in each niche if space allows (11.25” h x 11.25” w x 9” deep).
(5) Niche face plates shall be engraved with name, year of birth and year of death only, except two emblems shall be permitted in a location to be designated by the Stow Cemetery Board. All engraving shall be of a lettering selected by the Stow Cemetery Board and work shall be done through a City of Stow appointed source. Any emblems not of a standard design must be approved by the Stow Cemetery Board and may require additional fees. Prepayment of engraving fees shall be permitted, but actual engraving shall not take place until time of inurnment.
(6) Prior to interment, payment in full shall be made and a burial permit provided. Prepayment of burial fees is permitted, provided that any increase in those fees from that date of prepayment to the date of burial shall be paid in full prior to burial.
(7) Saturday and City Holiday burials are subject to an additional charge.
(b) Disinterment.
(1) Disinterment by Surviving Spouse:
A. To request a disinterment, a surviving spouse shall apply to a cemetery and pay the reasonable costs and expense of the disinterment. The application must be in writing and shall state the following:
1. That the applicant is the surviving spouse of the decedent;
2. That the applicant is 18 years of age or older and of sound mind;
3. The disease of which the decedent died;
4. The place at which the remains shall be reinterred.
B. The application shall be subscribed and verified by oath (notarized).
C. If the cemetery refuses to disinter or grant permission for disinterment after a surviving spouse makes application, the probate court of the county in which the decedent is buried shall issue a writ of mandamus requiring the cemetery to disinter the remains or to grant permission for their disinterment.
(2) Disinterment by Those Other Than Surviving Spouse:
A. A person who is 18 years of age or older and of sound mind and who is not the surviving spouse of the decedent, may obtain a court order for the disinterment of the remains of the decedent. The application to the probate court of the county in which the decedent is buried shall be in writing, subscribed and verified by oath, and include the following:
1. The relationship of the applicant to the decedent;
2. A statement of the place at which the remains will be reinterred;
3. The name, the relationship to the decedent, and the address of the decedent’s surviving spouse, of all persons who would have been entitled to inherit from the decedent under Chapter 2105 of the Ohio Revised Code, if the decedent had died without a will, and if the decedent had a will, all legatees and devisees named in the decedent’s will;
4. If applicable, a statement that the applicant assumed financial responsibility for the funeral and burial expenses of the decedent;
5. If the applicant did not assume financial responsibility for the funeral and burial expenses of the decedent, a statement to that effect;
6. A statement that the applicant is 18 years of age or older and of sound mind;
7. The relationship to the decedent.
B. Upon giving the proper notice required by law, the probate court promptly shall conduct a hearing to determine whether to issue an order for disinterment of the remains of the decedent.
(3) How to Challenge a Surviving Spouse’s Application to Disinter:
A. Any person who is 18 years of age or older and of sound mind may apply to the probate court of the county in which the decedent is buried for an order to prevent the decedent’s surviving spouse from having the remains of the decedent disinterred. The application to prevent disinterment shall be in writing, subscribed and verified by oath, and include the following requirements:
1. The relationship of the applicant to the decedent;
2. A statement of the place at which the remains will be reinterred;
3. The name, the relationship to the decedent, and the address of the decedent’s surviving spouse, of all persons who would have been entitled to inherit from the decedent under Chapter 2105 of the Ohio Revised Code, if the decedent had died without a will, and if the decedent had a will, all legatees and devisees named in the decedent’s will;
4. If applicable, a statement that the applicant assumed financial responsibility for the funeral and burial expenses of the decedent;
5. A statement of the applicant’s reasons to oppose the disinterment of the remains of the decedent.
(4) Correction of Interment Errors: A cemetery may disinter or grant permission to disinter and, if appropriate, may reinter or grant permission to reinter any remains buried in the cemetery to correct an interment error by complying with the internal rules of the cemetery pertaining to disinterments and by providing notice of the disinterment to the decedent’s last known next of kin. The cemetery may correct an interment error without a court order or an application by a person.
(Ord. 2002-122. Passed 9-26-02.)