Chapter 12 - CEMETERIES#
Footnotes:#
(1) ---
Charter reference— Authority of city relative to cemeteries and burial places, Ch. II, § 15.
State Law reference— Authority of city to regulate cemeteries, Code of Virginia, § 15.2-1111; cemeteries, Code of Virginia, § 57-22 et seq.
Sec. 12-1. - Burial of the dead in cemeteries only.#
No dead body of a human being shall be buried within the city except in a cemetery duly established therein.
(Code 1963, § 12-1)
Sec. 12-2. - Injuring, etc., cemeteries, burial grounds, etc.#
(a) If any person:
(1) Willfully and maliciously destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed within any cemetery, graveyard or place of burial, or within any lot belonging to any memorial or monumental association, or any fence, railing, or other work for the protection or ornament of any tomb, monument, gravestone or other structure aforesaid, or of any cemetery lot within any cemetery;
(2) Willfully or maliciously destroy, remove, cut, break or injure any tree, shrub or plant within any cemetery or lot of any memorial or monumental association;
(3) Willfully or maliciously destroy, mutilate, injure or remove and carry away any flowers, wreaths, vases or other ornaments placed upon or around any grave, tomb, monument or lot in any cemetery, graveyard or other place of burial; or,
(4) Willfully obstruct proper ingress and egress to and from any cemetery or lot belonging to any memorial or monumental association,
he shall be guilty of a Class 3 misdemeanor.
(b) This section shall not apply to any work which is done by the authorities of a church or congregation in the maintenance or improvement of any burial ground or cemetery belonging to it and under its management or control and which does not injure or result in the removal of a tomb, monument, gravestone, grave marker or vault.
(Code 1963, § 12-2)
Cross reference— Damaging property generally, § 25-33 et seq.
State Law reference— Similar provisions, Code of Virginia, § 18.2-127.
Sec. 12-3. - Entering cemetery at night.#
If any person, without the consent of the owner, proprietor or custodian, go or enter in the nighttime, upon the premises, property, driveways or walks of any cemetery, either public or private, for any purpose other than to visit the burial lot or grave of some member of his family, he shall be guilty of a Class 4 misdemeanor.
(Code 1963, § 40-4)
State Law reference— Similar provisions, Code of Virginia, § 18.2-125.
Sec. 12-21. - Application of article.#
The provisions of this article shall apply to Appomattox Cemetery, located within the city, which is owned, operated and maintained by the city.
(Code 1963, § 12-6; Ord. No. 2011-06, 6-7-11)
State Law reference— Authority of city to provide places for interment of the dead and to operate cemetery, Code of Virginia, § 15.2-1121.
Sec. 12-22. - Definitions.#
As used in this article, the term "cemetery" shall mean Appomattox Cemetery and the term "supervisor" shall mean the supervisor of such cemetery.
(Ord. No. 2011-06, 6-7-11)
Sec. 12-23. - Violations of article generally.#
Except as otherwise provided in other sections of this article, a violation of any provision of this article shall constitute a Class 3 misdemeanor.
(Ord. No. 2011-06, 6-7-11)
Sec. 12-24. - General powers and duties of city manager.#
(a) The city manager shall have the general management and control of the cemetery and of the supervisor and other persons employed therein.
(b) The city manager shall make such rules and regulations for the proper maintenance and operation of the cemetery and for the guidance and direction of the supervisor and employees employed therein as he may deem necessary, not inconsistent with the provisions of this Code or with the Charter. It shall be unlawful for any person to fail, neglect or refuse to comply with such rules and regulations.
(Code 1963, §§ 12-7, 12-8; Ord. No. 2011-06, 6-7-11)
Sec. 12-25. - Casual visitors.#
Casual visitors to the cemetery, who are not members of a funeral procession or party, shall not intrude upon a funeral party and shall not loiter about an open gate.
(Code 1963, § 12-25; Ord. No. 2011-06, 6-7-11)
Sec. 12-26. - Expulsion or arrest of noisy, boisterous, etc., persons.#
The supervisor may expel from the cemetery or arrest or have arrested any person disturbing its sanctity by noisy, boisterous or other improper conduct, or violating any of the rules and regulations prescribed in, or adopted under, this article.
(Code 1963, § 12-26; Ord. No. 2011-06, 6-7-11)
Cross reference— Disorderly conduct in public places, § 25-17; noise generally, Ch. 23.
Sec. 12-27. - Purchase of lots and burial space generally.#
(a) The purchase of lots, sections and grave spaces in Appomattox Cemetery shall be made in the manner provided in this article. All purchases shall be subject to any prior reservations made for the sale of lots.
(b) Any person who desires may purchase any unsold or unreserved burial space in the cemetery to have and to hold for future use. The contract of purchase of such burial space shall be on a form prescribed by the city manager or his duly authorized representative.
(c) The price or cost of lots, sections, half-sections and single grave portions in the cemetery shall be as prescribed or fixed by the city council.
(Code 1963, §§ 12-15—12-19; Ord. No. 79-6, 2-27-79; Ord. No. 2011-06, 6-7-11)
Sec. 12-28. - Rights retained by city when lots sold.#
The city retains the general management and control of all lots in the cemetery which are sold. The city further retains the right to have the supervisor enter upon any lot to prohibit, modify or remove any structure, object, improvement or adornment on such lot which has been placed thereon in violation of this article, or which may be objectionable or injurious to the lot, adjoining lots or the cemetery in general.
(Code 1963, § 12-23; Ord. No. 2011-06, 6-7-11)
Sec. 12-29. - Transfer back to city and resale of sections, grave sites, etc.#
No privately-owned section, half-section, portion thereof or single grave site in the cemetery shall be transferred other than to the city. The council may, in its discretion, agree to any such transfer back to the city on such terms and for such consideration as it deems beneficial to the city. All such grave sites thus redeemed may thereafter be resold by the city.
(Code 1963, § 12-22; Ord. No. 2011-06, 6-7-11)
Sec. 12-30. - Record of sale of sections, grave spaces, etc.#
The city manager, or his duly authorized representative, shall keep a record of sales of sections, parts of sections and single grave spaces in the cemetery, together with the names of the purchasers.
(Code 1963, § 12-20; Ord. No. 2011-06, 6-7-11)
Sec. 12-31. - Record of burials, disinterments, and reinterments.#
The city manager, or his duly authorized representative, shall keep a record of all burials, disinterments and reinterments in the cemetery. Such record shall include the date thereof, the lot, block and grave number where done, and the name of the deceased.
(Code 1963, §§ 12-9—12-11; Ord. No. 2011-06, 6-7-11)
Sec. 12-32. - Charges for grave openings, etc.#
The charges for grave openings, disinterments and reinterments in the cemetery shall be as prescribed by the council.
(Code 1963, § 12-24; Ord. No. 79-6, 2-27-79; Ord. No. 2011-06, 6-7-11)
Sec. 12-33. - Permit for work.#
No person shall do any work on any lot or section in the cemetery, unless he shall first have secured a permit therefor from the city manager, or his duly authorized representative. No charge shall be made for such permit.
(Code 1963, § 12-31; Ord. No. 2011-06, 6-7-11)
Sec. 12-34. - Vaults and concrete slabs.#
No interment in the cemetery shall be allowed, unless a concrete or metal vault is used or a concrete slab used in lieu thereof.
(Code 1963, § 12-32; Ord. No. 2011-06, 6-7-11)
Sec. 12-35. - Monuments.#
(a) No monument shall be erected in the cemetery, unless the specifications, plans and location are first submitted to and approved by the city manager or his duly authorized representative.
(b) Foundations for monuments shall be placed by the monument contractor from material approved by the city manager or his duly authorized representative.
(c) The foundation for a monument shall not be built until the price on the lot upon which it is to be placed has been fully paid.
(d) The lower base of a monument shall be dressed to a true level on the bottom so as to bear evenly at all points upon the foundation without the use of sprawls, chips or underpinning. The bottom shall be beveled all around to a point one-half to three-fourths of an inch higher and extending back underneath for two (2) or three (3) inches to prevent chipping of the edges when the stone settles and the base is lowered into it.
(e) The removal of any part of the foundation, or the building up thereof, to overcome defective workmanship in the base stone shall not be permitted.
(f) No monument shall be placed nearer than one foot to the boundary line of the lot on which it stands. Unless otherwise considered advisable by the city manager or his duly authorized representative, the base of a monument shall not exceed one-third of the width of the lot nor more than five (5) percent of the area of the lot.
(g) Notice of intention to bring a monument into the cemetery shall be given by the dealer to the supervisor, at least one (1) day before the work is to be done.
(h) No monuments or materials may be brought into the cemetery on Saturdays, Sundays or holidays.
(i) After a monument has been placed in the cemetery, a written request from the owner shall be presented before a permit will be issued to remove such monument or to make any change upon it.
(Code 1963, §§ 12-35, 12-37, 12-38, 12-40—12-42; Ord. No. 2011-06, 6-7-11)
Sec. 12-36. - Enclosure of lots and sections.#
(a) The following regulations pertaining to the enclosure of lots and sections shall apply in the cemetery:
(1) No fences or walls of concrete, stone, wood or iron will be allowed.
(2) No coping or curbing of concrete, brick, stone or any other material shall be allowed.
(3) Hedges, wooden or iron trellises, posts and chains for the purpose of enclosures, railings, steps, boxings or borders are prohibited.
(b) Lots and sections in the cemetery may be enclosed only in accordance with rules and regulations of the city manager which are not inconsistent with subsection (a) of this section. It shall be unlawful and a violation of this article for any person to fail, neglect or refuse to comply with such rules and regulations.
(Code 1963, §§ 12-33, 12-34; Ord. No. 2011-06, 6-7-11)
Sec. 12-37. - When emblems, markers, flags, etc., permitted.#
Metal emblems or markers, flags and guidons are prohibited on lots or graves in the cemetery, except on Memorial Day. They may be placed by authorized representatives of lodges, posts, camps, and the like, not more than two (2) days before Memorial Day, and removed not later than three (3) days thereafter, and stored until called for, and at no risk to the city. Such emblems shall be removed by the organization or individual placing them.
(Code 1963, § 12-27; Ord. No. 2011-06, 6-7-11)
Sec. 12-38. - Planting of grass, flowers, etc.#
Permanent planting of grass, flowers, shrubs and the like shall be made in the cemetery by the city and further planting may be permitted only at the discretion of the supervisor. All plantings shall be under the control of the city. The owners of the lots shall not do any planting without the express approval of the supervisor.
(Code 1963, § 12-29; Ord. No. 2011-06, 6-7-11)
Sec. 12-39. - Permit for plucking or cutting plants or shrubs.#
No person shall pluck or cut plants or shrubs growing in the cemetery, whether upon his own lot or others, without a permit from the supervisor.
(Code 1963, § 12-28; Ord. No. 2011-06, 6-7-11)
Sec. 12-40. - Potted plants.#
Potted plants are permitted upon lots and graves in the cemetery at Easter, Memorial Day and other similar occasions, and may remain until the blossoms are dead. Live plants of particular value will then be removed. Upon application to the supervisor, potted plants may be allowed upon a lot or grave on special occasions for five (5) days. At all other times potted plants shall be removed from the lot at the time of mowing or trimming of the grave.
(Code 1963, § 12-30; Ord. No. 2011-06, 6-7-11)
Sec. 12-41. - Regulations applicable in Section B.#
(a) The provisions of this section shall apply only to Section B of Appomattox Cemetery.
(b) Within Section B of Appomattox Cemetery:
(1) No mausoleum or vault above the ground shall be allowed.
(2) Foundations for all markers shall be built from materials approved by the city manager or his duly authorized representative.
(3) All lettering on individual grave markers will be of the V incises type and in no case will raised letters be permitted on these slabs.
(4) Grave markers with porcelain or other photographs attached thereto shall be of approved design and shall require specific approval by the city manager or his duly authorized representative.
(5) Individual slabs shall not be set in a pocket nor upon a limestone or sandstone base.
(6) Rolls or pillow stones shall not be permitted.
(7) After a marker has been placed, a written request order from the owner shall be presented before a permit will be issued to remove such marker or to make any change upon it.
(Code 1963, §§ 12-36, 12-43, 12-45—12-52; Ord. No. 86-12, 5-13-86; Ord. No. 2011-06, 6-7-11)
Sec. 12-41.1. - Regulations applicable in Section C.#
(a) The provisions of this section shall apply only to Section C of Appomattox Cemetery.
(b) Within Section C of Appomattox Cemetery:
(1) No mausoleum or vault above the ground shall be allowed.
(2) Footstones standing on end shall be prohibited.
(3) Foundations for all markers shall be built from materials approved by the city manager or his duly authorized representative.
(4) All lettering on individual grave markers will be of the V incises type and in no case will raised letters be permitted on these slabs.
(5) Grave markers with porcelain or other photographs attached thereto shall be of approved design and shall require specific approval by the city manager or his duly authorized representative.
(6) Structures of the type commonly known as "headboards" or "footboards" shall be prohibited.
(7) Individual slabs shall not be set in a pocket nor upon a limestone or sandstone base.
(8) Rolls or pillow stones shall not be permitted.
(9) After a marker has been placed, a written request order from the owner shall be presented before a permit will be issued to remove such marker or to make any change upon it.
(Ord. No. 86-12, 5-13-86; Ord. No. 89-32, 12-12-89; Ord. No. 2011-06, 6-7-11)
Sec. 12-42. - Perpetual care foundation.#
(a) There is hereby created a perpetual care foundation for the purpose of maintaining in perpetuity the Appomattox Cemetery.
(b) There is hereby created a perpetual care fund consisting of the revenue from the sale of gravesites in fiscal year 1981/1982, fiscal year 1982/1983 revised cemetery budget savings, and funds transferred from fiscal year 1981/1982 general fund surplus. To this fund shall be added the revenue from the sale of gravesites, plus any contributions or grants which may be received and designated for the purpose of augmenting the funds of the foundation. The mayor, city manager, and city treasurer shall constitute trustees of the perpetual care fund so established and, as such, shall have full power to invest and reinvest such funds, subject to the limitations that no investment shall be made except, upon the exercise of good faith and discretion, in securities which, at the time of making the investment are, by Code of Virginia, title 26, as amended, permitted for investment or reinvestment by fiduciaries. Subject to such limitation, the trustees shall have full power to hold, purchase, sell, assign, transfer, or dispose of any of the securities or investments in which any part of the fund created herein have been invested.
(c) Any contribution or grant which shall be received for this fund shall be added to the fund established herein and invested in accordance with paragraph (b).
(d) The city treasurer shall be the custodian of the perpetual care fund.
(e) All interest and dividends received from investments of the perpetual care fund shall be deposited in open account in one (1) or more banks or trust companies organized under the laws of the state or of the United States.
(f) The principal of the perpetual care fund may be used to maintain, operate, and expand the cemetery and/or increase the number of available gravesites for sale, but all money collected from the sale of the added gravesites shall be returned to the principal amount in the perpetual care fund.
(g) At such time as city council may determine, upon the recommendation of the trustees, that sufficient funds have accumulated so that the annual investment income will cover the annual cost of grounds and gravesite maintenance, such income shall be transferred annually to the general fund of the city to support cemetery operations.
(Ord. No. 82-23, 9-28-82; Ord. No. 2011-06, 6-7-11)