§ 92.14 INTERMENTS AND DISINTERMENTS.
   (A)   Notice of interments and disinterments. The city reserves the right to require a minimum of 48 hours prior notice of any interments, disinterment or removal.
   (B)   Approval. All interments must be made at the time, in the manner, and with such charges as set and approved by the Board of Works and Safety.
   (C)   Holidays. Interments and interment services shall be permitted on a typical workday, Monday through Friday, 7:00 a.m. until 3:00 p.m. and are permitted after hours, weekends and on holidays with approval. An additional fee will be charged for after hours, weekends and holidays. Holidays observed by the city include: Memorial Day, Fourth of July, Labor Day, Thanksgiving, Christmas, and New Year's Day.
   (D)   Application for interment. The city reserves the right to refuse to open any burial space for any purpose except on written application by the owner(s) or successor(s) in burial rights, on a form provided by the city. When an interment is to be made on a lot, an authorized individual must come to the office of the Public Works Department a minimum of 48 hours in advance of the intended interment and locate the grave on the plat map. The city will not be responsible for errors in location. In all cases where the party is unknown to the Clerk-Treasurer or where their responsibility is insufficient, a written notarized permit from the owner of the lot must be filed before a permit is issued.
   (E)   Not responsible for identity. The city shall not be liable for the validity of information on the interment permit nor for the identity of the person sought to be interred.
   (F)   Errors may be corrected. The city reserves the right to correct any error that may be made. Errors involving the description, transfer or granting of any interment space may be corrected by canceling such grant and substituting and granting other interment space of equal value and similar location if possible, or as may be selected by the city. The city, at their sole discretion, may elect to refund the amount of money paid for the burial rights in question. In the event any error shall involve an interment, the city reserves the right to remove the remains and transfer them to other space of equal value and similar location.
   (G)   Delays in interments or other activities caused by strikes, etc. The city shall not be liable for any delay in the interment of a body, or for any delay in the fulfillment of any of its contract or legal obligations, including, but not limited to, maintenance, care, memorial work or construction which may arise from causes beyond its reasonable control and, from delays caused by the elements, an act of God, common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority.
   (H)   When city not responsible. The city shall take precaution to protect owners of burial rights from loss or damage. The city is not responsible for loss or damage for causes beyond its reasonable control. This includes, but is not limited to, damage caused by the elements, an act of God, thieves, vandals, strikers, explosions, accidents and riots.
   (I)   Delays caused by protests. The city shall be in no way liable for any delay in the interment of any remains where a protest to the interment has been made, or where the city rules of the cemetery have not been complied with. The city reserves the right, under such circumstances, to place the remains in a temporary holding area until the full rights have been determined. The city shall be under no duty to recognize any protest of interment unless it is presented in writing.
(‘89 Code, § 114.16) (Am. Ord. passed 7-13-98; Am. Ord. 9-2006, passed 3-27-06)