Town bylaw 857: Bylaw No. 857, 2011 Cemetery Administration

Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 1 Town of Princeton

CEMETERY BYLAW NO. 857, 2011

A bylaw to regulate the administration and operation of cemeteries

WHEREAS according to the Cremation, Interment and Funeral Services Act every operator must make or adopt bylaws respecting the administration and operation of cemeteries;

AND WHEREAS the Council of th e Town of Princeton deems it necessary to rescind the existing Cemetery Bylaw No. 512 and replace it with an updated bylaw;

NOW THEREFORE the Council of the Town of Pr inceton in open meeting assembled enacts as follows:

1. CITATION & REPEAL:

This Bylaw may be cited for all purposes as th e ‘Cemetery Administration and Operation Bylaw No.857, 2011’. Town of Princeton Cemetery Bylaw No.512 and all amendments thereto are hereby repealed.

2. DEFINITIONS:

In this Bylaw, unless the context otherwise requires:

‘BOARD OF CEMETERY TRUSTEES’ means the Council of the Town of Princeton; ‘CAO’ means the Chief Administrative Officer of the Town of Princeton; ‘CARETAKER’ means the person or persons duly appointed or employed by the Town as the Caretaker or Caretakers of the Cemetery of the Town of Princeton. ‘CARE FUND’ means a fund established for the upkeep and repa ir of cemeteries and the grave spaces and memorials therein; ‘CEMETERY’ means and includes all parcel s or tracts of land owned, used or maintained by the Town as cemeteries either within or without the municipality; ‘CORONERS ACT’ means Chapter 72 of the Revised Statutes of British Columbia, 1979, as amended from time to time; ‘COUNCIL’ means the Council of the Town of Princeton; ‘CREMATION, INTERMENT AND FUNERAL SERVICES ACT’ means Chapter 35 of the Revised Statutes of British Columbia, 1979, as amended from time to time; Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 2 ‘CREMATED REMAINS or CREMAINS’ means the ashes resulting from cremation of human remains; ‘HEALTH ACT’ means Chapter 179 of the Revised Statutes of British Columbia, 1979, as amended from time to time; ‘HUMAN REMAINS’ means a dead human body in any stage of decomposition; a stillborn infant; but does not include cremated remains; ‘INFECTIOUS DISEASE’ means those defined in the Regulations made pursuant to the Health Act; ‘INTERMENT’ means disposition by burial of human remains or cremated remains in a cemetery; ‘INTERMENT PERMIT’ means the form as approved by Council, authorizing an interment. ‘LAWFUL AUTHORITY DECLARATION’ means the declaration of the holder of the license for a Plot issued under this Bylaw declaring that he is the holder of the license for said plot or that he is the Executor or Administrator of the Holder of the License, in accordance with Sections 5 and 8(3)(b)(i) of the Cremation, Interment and Funeral Services Act; on the form as approved by Council ”LICENCE" means a licence to use a Lot for the purposes of the interment of human remains or cremated remains as provided for in this Bylaw on the form as approved by Council; ‘MEDICAL HEALTH OFFICER’ means the person duly appointed from time to time by the Province of British Columbia to act a Medical Health Officer for the Town; ‘MEMORIAL’ means a marker, headstone, tombstone, monument, plaque, tablet or plate on a grave or plot; ‘MINISTER’ means that member of the Executive charged by charged by Order of the Lieutenant Governor-in-Council with the administration of the Cremation, Interment and Funeral Service Act, and includes a person designated in writing by the Minister; ‘NON RESIDENT’ means a person who, at the time of lot purchase, was not a resident in or the assessed owner of property within th e boundaries of the To wn of Princeton and Area H of the Regional District Okanagan Similkameen or, did not reside in the Town of Princeton or Area H of the Regional Distri ct Okanagan Similkameen for a minimum period of six (6) months just prior to living in and receiving care and supervision in a licensed or unlicensed adult care; ‘OPERATOR’ means the Town of Princeton; ‘PLOT’ means an area of the Cemetery used or intended to be used for the interment of human remains or cremated remains – grave space; ‘RESIDENT’ means a person who, at the time of lot purchase, resided in or was the assessed owner of property within the boundaries of the Town of Princeton and Area H of the Regional District Okanagan Similkameen or, resided in the Town of Princeton or Area H of the Regional District Okanagan Similkameen for a minimum period of six (6) Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 3 months just prior to living in and recei ving care and supervision in a licensed or unlicensed adult care; ‘RIGHT OF INTERMENT’ means a right, in perpetuity, for the interment of human remains or cremated remains, in a lot in the cemetery ‘TREASURER’ means the person duly appointed as such by the Municipal Council; ‘VEHICLE’ means all vehicles as defined in the ‘Motor Vehicle Act’, being Chapter 318 of the Revised Statutes of British Columbia , 1979, and shall also include motorcycles, bicycles, snowmobiles and all terrain vehicles; ‘TOWN’ means the Town of Princeton; ‘VITAL STATISTICS ACT’ means Chapter 4 79 of the Revised Statutes of British Columbia, 1979, as amended from time to time. The use of words signifying the masculine shall include the feminine.

3. LANDS:

The following lands owned or maintained by the To wn have been set aside and use for cemetery purposes: Princeton Cemetery legally described as:

a) Lot B, Plan 6477, District Lot 1822, Similk ameen Division, Yale District, Except Plan 9995. b) Lot PCL A, Plan B5782, District Lot 1822, Similkameen Division, Yale District. c) Lot A, Plan 9995, District Lot 1822, Similkameen Division, Yale District.

and are outlined in black on the maps attached as Schedule ‘A’. A copy of the plans of the Cemetery shall be filed with the Minister and copies shall also be kept available for public inspection in the Municipal Office and at such other places as may be deemed necessary.

4. LICENSE TO USE THE CEMETERY:

4.01 The Council may by agreement with a society, church or other organization reserve a

section of the cemetery to be used exclusivel y for the interment of deceased member of the

society, church or other organization concerne d, an upon such an agreement being made no person shall be issued with a Cemetery License in the reserved section, unless his application to the Town to purchase a license is accompanied by a certificate from the society, church or other organization concerned stating that he, or the person on whose behalf he may be acting is entitled to burial in the reserved section. All licenses issued and services rendered by the Town under these conditions shall be subject to payment at the regular rates set forth in the schedule of rates attached as schedule ‘B’.

4.02 The Town may sell to any person, or his authorized agent, according to the fees as set out

in schedule ‘B’, a vacant grave space or spaces for the exclusive use by him or his executors or administrators, and upon payment of the said fees shall be granted a license. Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 4 a) Where a Cemetery License has been completed, in order to reserve a grave space for future use, the person purchasing the grave space must advise the full legal name of the person who will be interred in that space; b) The license holder, as described on the cemetery license must provide a true statement on the Interment Permit, as far as practical, of: the name; age; sex; whether or not death was caused by an infectious di sease; name of the attending physician, if any; and such other information as may be reasonably required; c) If ashes are to be placed in a plot, whic h already contains ashes or remains, the applicant must provide a declar ation, declaring that he is the holder of the license for said plot or that he is the Executor or Ad ministrator of the Hold er of the License, in accordance with Sections 5 and 8(3)(b)(i) of the Cremation, Interment and Funeral Services Act; d) In respect of an unused (reserved) plot or cancellation, the purchaser has a right of a refund equal to 50% of the Total Fees paid where: a) there have been no interments in the Lot; b) the Licence Holder or executor submits a written application to the Town requesting cancellation of licence; c) the or iginal licence is surrendered; and d) the costs for removal of any Memorial(s) are paid.

4.03 The Town reserves the right to refuse to sell the use of more than two grave spaces to any

one individual.

4.04 The holder of a grave space or spaces may sell or transfer a reserved grave space to

another individual by first notifying the Town, in writing, giving the full particulars of the name, address or other description of the person to whom the transfer is desired. a) Upon receipt of the transfer fee and upon co mpliance with the requirements of this Bylaw, the Town shall record the desired transfer. b) If the licence to be transfe rred relates to the grave space located in an area reserved under an agreement made between the Council and an organization pursuant to subsection 4.01 hereof, the requirements of said subsection concerning entitlement to burial in a reserve section of the cemeter y shall apply to the person to whom the transfer is made.

4.05 All licenses issued for use of grave spaces in the cemetery shall be subject to the

provisions of this Bylaw and all bylaws now or hereafter to be passed by Council and shall be subject to the Cremation, Interment and Funeral Services Act, and amendments thereto.

4.06 Reclamation of right of interment previously sold. With prior approval of Council, an

operator may sell a cemetery license for a lot in a place of interment where the right of interment for the lot has been sold previously, but only if a) the owner of the cemetery license is at least 90 years of age or, if living, would be at least 90 years of age, b) a period of at least 50 years has elapsed from the date the prior right of interment was sold, c) at least 90 days have passed since the date the operator sent a notice of the operator's intention to resell the right of interment to the last known address of the interment Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 5 right holder and the operator has not recei ved a response from the interment right holder, and d) the operator has made diligent attempts to contact the interment right holder but is not able to locate or contact the interment right holder.

4.07 The license issued for the sale of a grave sp ace, must contain a stat ement setting out the

provisions of Section 4.06.

4.08 In cases of poverty, the council may consider and decide on applications for the

remission of fees in whole or in part and in any case the Council may remit such fees in whole or in part.

5. FEES & CHARGES

5.01 The fees for interment, disinterment, use of grave space and care of graves, and any other

cemetery fees shall be those set out in Schedule ‘B’.

6. INTERMENT & EXHUMATION

6.01 A person must not dispose of human remains at any place in British Columbia other than

a) in a cemetery or mausoleum b) by cremation, or c) as prescribed.

6.02 A person must not inter human remains unles s they are accompanied by a burial permit

or cremation certificate issued by a vital statistics registrar under the Vital Statistics Act.

6.03 No body other than a deceased human body shall be interred in the cemetery and no

interment of a body shall be made until a license to inter the body (Interment Permit), has been obtained from the Town.

6.04 No interment will be permitted after the hour of 2:00 pm Monday to Friday or on

Saturday or Sunday or Statutory Holidays unless an additional fee, as set out in Schedule ‘B’ of this Bylaw is paid.

6.05 An Interment Permit must be obtained at least 24 hours before any interment can take

place except in the case of a person dying of an infectious disease.

6.06 The body of any person who dies having an in fectious disease sh all be interred in

accordance with the instructions furnished to the Town by the Medical Health Officer according to the Health Act..

6.07 The number of permitted interments are as follows:

a) Child Plots/Single Cremation Plots b) Adult size Plots:

One interment only. Up to nine (9) interments (one full burial with 8 remains OR 8 cremains A maximum of 8 cremated remains; Bylaw 857, 2011

Schedule A

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6.08 Each interment in the cemeter y, other than the interment of cremated remains, shall be

made in a grave dug to provide not less than nine ty-one centimeters (3 feet) of earth between the top surface of the ground and the top surface of the vault or grave line r enclosing the coffin or casket.

6.09 Each interment of cremated re mains in the cemetery shall be made in a suitable metal

container or encased in concrete not less than fi ve (5) centimeters (2 inches) thick and shall be buried in the grave not less than sixty-one (61) centimeters (2 feet) deep except where the concrete encased container is used as the base for a small memorial tablet installed on the grave flat and flush with ground level.

6.10 In each double depth grave permitted in the cemetery, the first interment shall comply

with the requirements of Subsection 6.08. The s econd interment shall comply with Subsection 6.09.

6.11 On or after the date of adoption of this bylaw a grave liner shall be used for each

interment, except where a concrete or steel vau lt is used or cremated remains are interred according to the requirements of subsection 6.09.

6.12 Each grave liner used in the cemetery may be made of either of reinforced concrete or

fiberglass and shall consist of two (2) side walls, two (2) end walls and cover sufficient to bridge the coffin or casket over its entire length.

6.13 No grave shall be dug or opened or closed by any person other than those persons duly

authorized by the Town. a) Graves will be opened no later than two hours prior to the funeral; b) Graves will be closed on the same day of the funeral, as soon as possible after the grave side service is complete; c) The Funeral Director, or other responsible adult, must remain at the site until the operator returns to close the grave.

6.14 No vaults or other methods of interment above ground level shall be permitted in the

cemetery.

6.15 No deceased person interred in the cemetery shall be exhumed without a written order

being first obtained from the pr oper authority in accordance with the requirements of the Cremation, Interment and Funeral Services Act and the presentation of such order to the CAO.

6.16 Section 6.15 does not apply if human remains are to be disi nterred from one plot and

interred in another plot in the same cemetery; or if human remains are to be exhumed or disinterred on the authority of an order of a court or under the Coroners Act.

7. CEMETERY CARETAKER

7.01 A cemetery caretaker shall be responsible for the following:

a) To dig and prepare, or cause to be dug and prepared, all plots required to be dug; b) To install, or arrange for the installation of, all memorial tablets; Bylaw 857, 2011

Schedule A

Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 7 c) Carry out, or cause to be carried out, the ge neral work of the cemetery to maintain it in a neat and tidy condition, including the maintenance of paths, gates, fences and other cemetery improvements d) Maintain records as required

8. ADMINISTRATION AND CEMETERY CARE FUND

8.01 The Town shall maintain records as necessary to the administration and management of

the cemetery and as required by the Regulatio ns under the Cremation, Interment and Funeral Services Act.

8.02 A fund shall be established to be known as the ‘Cemetery Care Fund’ and such funds

shall be administered in accordance with the requirements of the Regulations made under the Cremation, Interment and Funeral Services Act for the establishment and administration of the Cemetery Care fund and with the procedures hereinafter set out. a) An account shall be established to be known as the ‘Cemetery Care Fund Account’ into which the Treasurer shall pay all funds received for Care Fund purposes. b) On all licenses for the use of grave space sold, the Treasurer shall pay into the ‘Cemetery Care Fund Account’ from the amo unt received for each license sold the fee specified in Schedule ‘B’. c) On all licenses for the use of grave space, and all contracts or agreements for the sale of such licenses, the amount required to be used for Care Fund purposes shall be specified, provided that the amount so specifi ed shall not apply to grave space made available by the Town free of charge for indigent burial. d) Any owner of a memorial mark er or tablet desiring to install same in the cemetery shall pay to the Town, prior to the installation of such memorial, a fee as per Schedule ‘B’ as a contribution to the Cemetery Ca re Fund and such amounts when received shall be paid by the Treasurer into the Cemetery Care Fund. e) Investment of funds received for Care Fund purposes shall be made as required by the Regulations under the Cremation, Interment and Funeral Services Act. f) The income from the Perpetual Care Fund including any appreciation shall be used for the sole purpose of upkeep and mainte nance of the property licensed and the cemeteries of which it forms part. g) The original principal sum of the Cemetery Care Fund shall not be reduced otherwise than in accordance with an order of the Registrar appointed under the Cremation, Interment and Funeral Services Act to the Regulations under the Cremation, Interment and Funeral Services Act. h) A separate account of all monies received under the provisions of this Bylaw and all monies expended hereunder shall be kept by the Treasurer. Bylaw 857, 2011

Schedule A

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9. MEMORIALS

9.01 No memorial marker or tablet shall be placed on any grave space in the cemetery until the

amount as noted in Schedule ‘B’ has been paid to the Town for Care Fund purposes in respect to each memorial which it is desired to install.

9.02 No grave space in the cemetery shall be de fined by a fence, hedge or railing and no

memorial other than the type specified in Section 9.04 shall be installed on a grave in the cemetery except in the older section including graves actually used prior to December 31, 1974, where a memorial different from that requir ed by section 9.04 may be installed on a grave provided permission for such installation is first obtained from the Town and a foundation for the memorial is constructed according to the specifications of 9.04b)

9.03 Except as may be permitted otherwise by the terms of Section 9.02 no memorial shall be

installed on a grave in the cemetery which is not of the tablet variety, made of stone or bronze, and which does not conform to the following:

9.04 Each memorial tablet shall be installed in a position on the grave according to that

established by the Town for memorials on graves in the cemetery and shall have its top surface set level and flush with the surface of the surrounding ground. a) Each bronze memorial table shall be attach ed to a concrete base not less than 7 ½ centimeters (3 inches) thick with side surf aces true and perpendicular with the top surface of the attached tablet. b) Each stone memorial tablet shall be not less than seven and one half centimeters (3 inches) thick and shall have its side surf aces true and perpendicular with its top surface. c) Except as permitted in subsection 9.02 th e top surface of memorial tables and concrete bases shall measure as follows:

On adult size graves Memorialization of one person 30xm x 50 cm (12’ x 20’) or 3cm x 60cm (12’x 24’) Memorialization of two persons 40xm x 70 cm(16’ x 28’) On a child size grave 30xm x 50 cm (12’ x 20’)

On an infant size grave 25cm X 45cm (10’ X 18’) On an ashes size grave 20cm x 30cm (8’ x 12’) or 25cm X 45cm (10’ X 18’)

9.05 Except on the graves of infants and ashes a bronze memorial tablet smaller than its

concrete base may be installed on a grave provided the concrete base is of the size required by sub-section 9.04a), and that the part of the c oncrete base exposed as a border surrounding the table is not wider than five(5) centimeters (2 inches ), is the same width on each side of the tablet and has a smooth surface slightly beveled to allow the water to run off from the outer edge. Bylaw 857, 2011

Schedule A

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9.06 One memorial tablet only may be installed on each grave except where a grave contains a

body and the ashes of a relative then two single memorials will be allowed; but where it is desired to memorialize on one tablet, two related person buried as described above or two related persons buried side by side, in adjacent graves, on e 40cm x 70 centimeter (16’ x 28 inch) tablet, which provides for such duel memo rialization, may be used inst ead of two separate tablets, provided it is set to embrace evenly the two graves concerned.

9.07 Memorial markers will be installed on graves by the caretaker subject to the rates shown

in Schedule ‘B’ and the following specifications: a) Memorials of marble, granite or bronze will be installed on plots by the caretaker so as not to project above the natural contour of the ground; b) Memorials shall be placed on suitable concrete bases so as to allow a lawn mower to cut the grass around such memorials. c) Memorials shall be placed at the Town’s convenience within a reasonable time after receipt.

10. GENERAL PROVISIONS

10.01 Wreaths and floral offerings may be placed on graves. Cut flowers may be place in metal

containers only. The containers must be set into the ground with the top of the container on level with the surface of the ground. a) Cut flowers, wreathes and floral offerings may be removed by the caretaker when their condition is considered to be detrimental to the cemetery. Artificial flowers will be permitted to be placed during the wint er until the first grounds maintenance is carried out in the spring. b) Glass containers are prohibited.

10.02 No person shall plant, remove, cut down or de stroy, any trees, shru bs, plants, flowers,

bulbs or rocks in the cemetery other than an employee of the Town authorized to do so. a) Except for the provisions of Section 9 no person shall be permitted to install coverings over grave sites other than grass or natural herbage.

10.03 No persons shall damage or deface any memorial, fence, gate or structure in the cemetery

or any improvements in the cemetery.

10.04 No person, shall drive a vehicle in the Cemetery at any time at a speed of more than 10

kilometers per hour and all vehicles and their dr ivers while in the Cemetery grounds shall be subject to the directions and orders of the Caretaker or person duly authorized by the Town.

10.05 No person shall solicit orders for markers, ta blets, memorials, cappings, or like works

within the limits of the cemetery.

10.06 All persons and funeral processions in the cemetery shall follow instructions of the

caretaker; but any person not behaving with prop er decorum within the Cemetery or disturbing the quiet and good order of the Ce metery may be evicted therefro m by the Caretaker or person duly authorized by the Town. Bylaw 857, 2011

Schedule A

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10.07 The discharge of firearms, other than in regula r volleys at burial services, is prohibited in

the cemetery.

10.08 Notwithstanding anything herein contained, the administrati on of the cemetery shall be

carried out at all times in accordance with the Cremation, Interment and Funeral Services Act and Regulations made hereunder.

10.09 An operator is not liable if the operator rem oves or inadvertently breaks or damages any

goods that are left in or on any part of a cemetery if the placement of the goods there by a person is a contravention of the Bylaws.

10.10 An operator may remove any object in or on the place of interment if, in the operator’s

opinion, the object a) Has been placed there in contravention of the bylaws respec ting the place of interment; b) Is dangerous; c) Impedes the care or maintenance of the place of interment; or d) Is unsightly.

10.11 An operator of a place of interment is not liable for damage to any object that is removed

under subsection 10.10.

10.12 Before acting under subsection 10.10, the operator must give notice to a next of kin of the

deceased or other person of record and allow that person reasonable time to correct the problem.

10.13 The Cemetery shall be deemed open at seve n o’clock every morni ng and closed every

evening at eight o’clock. Any person in the Cemetery without special permission of the Caretaker between eight pm and seven am the following morning shall be deemed guilty of an infraction of this bylaw and liable to the penalties thereof.

11. OFFENCES

Every person who violates any of the provisions of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do, or refrains from doing anything required to be done by any of the provisions of this Bylaw commits an offence and is liable upon conviction to a penalty not less than $50 and not more than $2000.00, together with the cost of prosecution.

12. SCHEDULES

Schedules ‘A’and ‘B’ attached hereto form part of this bylaw and are enforceable in the same manner as this bylaw.

13. ADOPTION

This Bylaw shall come into full force and effect upon final adoption.

Bylaw 857, 2011

Schedule A

Z:\AGENDA AND MINUTES\2011 Agendas and Minutes\Regular\September 6, 2011\BYLAW 857,2011.docx 11 READ A FIRST TIME this _____________ day of ____________ ,_____ READ A SECOND TIME this ___________ day of ____________ , ____ READ A THIRD TIME this ____________day of ____________ ,_____ ADOPTED this ______________ of ________________ , _______

__________________________________ ________________________________

M A Y O R C A O

Bylaw 857, 2011

Schedule A

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Copper Mountain Rd Princeton Cemeter y Bylaw 857, 2011

Schedule B

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(ALL FEES ARE SUBJECT TO HST)

GRAVE SPACE Resident Non Resident

SPACE CARE

FUND

TOTAL SPACE CARE

FUND TOTAL Adult $330.00 $120.00 $450. 00 $2,290.00 $240.00 $2,530.00 Cremation $110.00 $40.00 $150.00 $290.00 $80.00 $370.00

GRAVE

PREPARATION

Adult $600.00 Infant/Child $100.00 Cremation $100.00

EXHUMATION

Adult $650.00 Infant/Child $150.00 Cremation $150.00

GRAVE LINERS

Adult $320.00 Cremation $70.00

OTHER CHARGES

Full Burials after 2 pm weekdays, weekends & statutory holidays

Additional $200.00 Cremation after 2 pm weekdays, weekends & statutory holidays

Additional $200.00 Transfer Fee $25.00 Other work as required- labour(per hour) $40.75 Machinery and equipment At cost

INSTALLATION OF MEMORIAL CARE

FUND TOTAL

Granite $85.00 $25.00 $110.00 Bronze(encased in concrete) $115.00 $25.00 $140.00