Parowan

Chapter 1 -- LOCATION AND USE

Section 4-1-1. Location Section 4-1-2. All Dead to be Interred in Cemetery Section 4-1-3. Graves Section 4-1-4. Monuments and Headstones Section 4-1-5. Removal of Bodies

4-1-1. Location. The Parowan City Council is hereby authorized to purchase sufficient property necessary to service the needs and internment of its citizens. That portion of the tract that has been surveyed and planned thereof shall be filed with the City Recorder and shall be known as the Parowan City Cemetery. The City may expand its location and shall be deemed to have expanded the same upon recording of property with the City Recorder and identifying on the plat therein that the same has been reserved for interment purposes.

4-1-2. All Dead to be Interred in Cemetery. No person shall bury any dead body within the City except in the Cemetery. No Cemetery shall be established except upon authorization of the City Council.

4-1-3. Graves. All graves shall be dug, when practicable, five feet deep and at least six inches within the line of the lot.

4-1-4. Monuments and Headstones. All headstones, fencing, vaults, or other ornaments that may be erected by owners of lots shall be created so as to not obstruct any of the streets, alleys, walks, avenues, or any other access for the public within the Cemetery.

4-1-5. Removal of Bodies. No person shall disinter any body buried in the cemetery except under the direction of the Sexton. Before permitting any such disinterment, the Sexton shall require a written order of the owner of the Cemetery lot or the person in charge of such lot or a certified order from a court of appropriate jurisdiction. It shall be unlawful to remove the body of a person who has died of a contagious disease within two years after the date of burial, except when such body has been buried in a hermetically sealed coffin, or except upon the order of a court of appropriate jurisdiction.

Chapter 2 -- SEXTON

Section 4-2-1. Sexton Section 4-2-2. Duties Section 4-2-3. Sexton to Require Death Certificate Section 4-2-4. Fees Section 4-2-5. Plat Section 4-2-6. Salary 4-2-1. Sexton. There shall be a Sexton appointed by the Mayor, with the approval of the City Council, who shall have charge of the City Cemetery.

4-2-2. Duties. The Sexton shall attend to every interment in person or by a competent deputy. He shall fill and neatly trim every grave immediately after deposit of the coffin. He shall fill and neatly trim all graves that are sunken. He shall register the names, ages, and parentage of all persons interred in the cemetery, the place of their interment, the cause of death, and the name of the attending physician. He shall keep the streets, alleys, walks, avenues, and other public access ways in the cemetery in good order and free from obstruction. All of the records kept by the Sexton shall be deposited with the City Recorder on at least a quarterly basis and shall be opened to inspection by the public during regular office hours.

4-2-3. Sexton to Require Death Certificate. Before burying any dead body in the Cemetery, the Sexton shall require a certified death certificate for the dead person from the State agency which keeps such records.

4-2-4. Fees. The Sexton's fees for burial services in the Parowan City Cemetery shall be established by a Resolution of the City Council from time to time as deemed necessary to cover the costs of the burial, operation and maintenance of the Cemetery. All fees shall be payable at the time of burial. The fees shall cover the cost of digging the grave, interment, maintenance, making appropriate records and any additional fees as may be determined by resolution to assure an adequate, orderly, and clean cemetery.

4-2-5. Plat. The Sexton shall maintain in the office of the City Recorder an accurate plat of the Parowan City Cemetery, which plat shall clearly show the burial lots which have been reserved for burial, the name of the person or persons who have purchased the right of burial in said lot, and all the burial lots which are still available for the sale of rights to burial. Amendments shall be made to the plat as necessary to show changes in lot availability or the addition of other lots which are available for sale.

4-2-6. Salary. The City Council shall fix by resolution the salary of the Sexton.

Chapter 3 -- BURIAL LOTS

Section 4-3-1. Sales of Lots Section 4-3-2. Use of Funds from Sales of Lots Section 4-3-3. Care of Lots Section 4-3-4. Deeds Section 4-3-5. Unused or Unkept Lots Section 4-3-6. Resale of Lots

4-3-1. Sales of Lots.

a. The Sexton or his/her deputies in the City Office are hereby authorized to sell the right to be buried in the Parowan City Cemetery on terms and conditions and for prices as established by the Parowan City Council by resolution. b. All purchases of the right to be buried shall be paid to the Parowan City Office, in full, at the time of the issuance of the certificate and no certificate of right to burial or other evidence of an interest in the burial plot shall be delivered until the full purchase price has been paid to Parowan City.

c. All purchases of burial property shall be paid for in full in cash at the time of the sale and no deed to any burial lot shall be delivered until the full purchase price has been paid into the City Treasury.

4-3-2. Use of Funds from Sale of Lots. A certain percentage of revenue from each lot arising from the sale of the right to be buried in a cemetery lot shall be reserved in a perpetual fund to be used exclusively for the improvement and care of the cemetery. The amount of revenue derived from the sale of the right of burial, and the amount of revenue reserved from each sale to be deposited in the perpetual fund shall be determined and established by a resolution of the City Council from time to time as deemed necessary to cover the costs for improvements and care of the cemetery.

4-3-3. Care of Lots. Upon payment of the full purchase price of any lot in the Cemetery, the owner shall be entitled to perpetual care by the City of such lot. The extent of such care shall be determined by the City Council. Any owner of a cemetery lot or fraction thereof who has purchased the same since October 15, 1958, shall be entitled to the same perpetual care of said lot provided that the full purchase price has been paid. Any person who purchased a lot prior to said date or under any other conditions not entitling the purchaser to perpetual care of the lot, may obtain perpetual care by paying to the City the difference between the price actually paid and the current price which entitles purchasers of new lots to such care. Any person may also obtain yearly care of a cemetery lot by paying annually to the City such amount as the City Council may by resolution determine.

4-3-4. Certificate of Burial. Upon payment of the full purchase price for the right to be buried in any cemetery lot, the purchaser shall be delivered a certificate of burial duly executed by the Mayor and properly attested which shall also indicate that said lot is entitled to receive perpetual care by the City.

4-3-5. Unused or Unkept Lots. If Parowan City has conveyed a cemetery lot or parcel by deed, with or without restrictions, and the grantee or persons claiming through the grantee for more than sixty (60) years past have not used portions of the lot or parcels for purposes of burial and have not provided for the care of the lots or parcels, beyond that uniformly provided for all lots of the cemetery, and during the 60-year period have not given the municipality of written notice of any claim or interest in the lots or parcels, then Parowan City may demand of the grantee or persons claiming through the grantee either of the following: A. That they file with the municipality a written notice of claim or interest in or to the lots or parcels recorded by evidence of the claim of ownership within fifty (50) days after service of a copy of a notice of demand; or

B. That they keep the premise clear of weeds and in a condition of harmony with other adjoining lots.

If either grantee or person claiming through the grantee fail to comply with the demand or notice, Parowan City may bring an action in the District Court in the county in which the cemetery is located against all parties who have not responded to said notice for the purpose of terminating the rights of the parties in the lots or parcels and restoring the lots or parcels to Parowan City free of any right, title or interest of the grantee, persons claiming through the grantee or their heirs or assigns.

4-3-6. Resale of Lots. The proceeds from the subsequent resale of any lot or parcel to which have been reverted to Parowan City shall be deposited in the perpetual fund for part of the permanent care and improvement fund of Parowan City. Any owner, grantee, or person claiming through the grantee shall have a right, upon adequate proof and presentation of certificate of title or right to burial to Parowan City for any lot or parcel which has been reverted to Parowan City, at the option of Parowan City to:

A. Be compensated for the lot or parcel at the reasonable value of the lot or parcel as of the date this certificate is presented to the municipality; or

B. Receive a right to burial to another lot or parcel if the right to burial or title to the lot or parcel has been sold by the municipality; or

C. Receive the right to burial to that lot or parcel if the municipality has not sold the right to burial on the lot or parcel.

Chapter 4 -- PROTECTION OF THE CEMETERY

Section 4-4-1. Enclosure Section 4-4-2. Defacement or Destruction Prohibited Section 4-4-3. Penalty

4-4-1. Enclosure. The Sexton shall keep in proper repair the fence or other enclosure around the City Cemetery so as to prevent it from being entered by cattle or other loose animals.

4-4-2. Defacement or Destruction Prohibited. No person shall deface, destroy, or otherwise harm or damage any part of the City Cemetery, including, but not limited to, the fence or other enclosure, or any headstone, tablet, monument, or other ornamentation erected therein. The Sexton shall take such action as he deems appropriate to prevent such damage. He shall report to the City Council all such damage and make recommendations to that body for prevention of the same.

4-4-3. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class B Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $1,500, by imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

The entire Title 4 - Cemetery, was amended on 09-26-1984 (Refer to Ordinance No. 84-06)

This entire Title 4 - Cemetery, was adopted by the City Council on December 5, 1979. (Refer to Ordinance No. 79-5) Dates of other ordinances pertaining to the Cemetery: May 2, 1979; November 1, 1978, August 14, 1972; September 22, 1958