HomeMy WebLinkAbout4 - Matters from the DepartmentCity of Boulder ~
Parks and Recreation Department ~ i/~i~,/
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MEMORANDUM ~
DO NOT REMOVE -
TO: Pazks and Recreahon Advisory Board pRAB File Material
FROM: Jan Geden, CPRP, Director of Parks and Recrearion
Sazah DeSouza, Pazks and Recreahon Admimstrator
SUBJECT: Matters from the Department
DATE: January 15, 2003
Board Yearlv Meetina Schedule
The following is a list of 2003 meehng dates for the Pazks and Recreahon Advisory Boazd.
Three dates (Mazch 24~', May 26'~ and December 22°a) aze being brought to the Board's attenrion
for rescheduling consideration.
March 24, 2003 (proposed alternative date: March 31, 2003)
Apn128, 2003
~"" May 26, 2003 (proposed altemahve date: May 19, 2003)
'~~- June 23, 2003
July 28, 2003
August 25, 2003
September 22, 2003
October 27, 2003
November 24, 2003
December 22; 2003 (pronosal: cancel meehng and provide a mid-month packet in heu)
Tantra Park Disc Galf Uadate
Tantra Pazk is a neighborhood park consishng of 15.5 mosdy developed acres located in the
Southeast subcommumty of Boulder neaz Table Mesa and Broadway.
At the October 2002 PRAB meeting, the board was given a staff presentation about the
escalahng non-designated activity of disc golf at Tantra Pazk. Neighbors and pazk users
expressed safety concems related to this activity m the pazk. Homeowners and disc players say
that the course layout results m errant throws into back yards. Since the city does not manage the
course, staff is legally unable to adjust the locations of the goals.
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Parks and Recreation...The BeneFts Are Endless! rM
AGE~IDA f rEM #_~, PAGE~
At the October meeting, the board recommended that staff• ~
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Look at the Tantra site;
Work with the disc golf community and surrounding residents to design a legitimate course
that allows forasmuch other activity in the park as possible; and
Design the disc golf course to keep the activity away from boundanes (with potential for
conflict such as homeowners back yards) and playgrounds as much as possible
A neighborhood meeting was held on December 19, 2002 at the local middle school. Fliers were
delivered to properties abutting the park, fliers were posted m the pazk, a public nonce was
placed m the Dazly Camera, a feature article was printed in the Dazly Camera prior to the
meeting and staff contacted disc users. Sixteen people including neighbors, disc golf players,
three staff, and a board member attended the meeting.
At the December neighborhood meeting, a citizen volunteered to help redesign the disc golf
course. Staff will enlist the azd of this interested individual and other neighbors to help in the
redesign of the Tantra course. Staff will report back to the board on the efforts of the disc
golfers/neighbors subcommittee in the future
No funds aze currently allocated for the design nor development of this project
Master Plan Revision Update "~
..~.,~
Now that the Recreation Facilities Needs Assessment has been completed, we will proceed with
the next steps m the major update and revision of the Master Plan 'This will involve an internal
staff review of the current plan and a detemunahon of the extent of revisions to the plan content
and format which are necessary at this rime. Based on this review, staff will prepaze a scope of
work and issue a Request for Proposal for a consulting firm to complete the Master Plan update
and revision. Among the mayor elements that Staff expects to address m the updated plan will
be:the integration oi` the needs assessment findings and recommendations, including the
determination of priorities for the implementation of the recommendations, revised goals and
objectives;
• an expanded discussron ofpolicies addressing the City Council's envrronmental
sustainabihty goal;
• a drought management plan and related policies,
• the incorporation of cuaent planning data;
• an updated policy section which incorporates the most recent Boulder Valley Comprehensive
Plan changes; and
• the development of capital budgets and work programs which reflect the updated goals and
ob~ecrives.
Once the consultant has been hued we will provide the Boazd with a schedule for completion of
the process. One of the early steps in the process will be to schedule a meeting between the
consultant and the Board to request your feedback on the Master Plan update and revision. We """ ~
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AGENDA ITEM # ~ V ,PAGE
~"" anticipate that the protect will require approximately one yeaz from the tune the consultant is
~-- lured, for an expected completion date of Summer 2004.
Proposed schedule.
January/February Review current Master Plan and detemm~e scope of work
March Issue RFP
Apnl Hue consultant
May Return to PRAB with informafion on the selected consultant, revision
process and rime line
Attached for your infonnahon is a copy of the "Departmental Master Plamm~g" chapter m the
draft Proiect Planning and Approval Process Handbook. This document was prepazed by
Planning Department staff to help guide the development and updates of departmental master
plans.
Draft Ordinance for Columbia Cemete
Staff rs bringing to the attention of the Pazks and Recreation Advisory Boazd a draft ordinance
for Columbia Cemetery (included as Attachment B). There aze two separate chapters being
developed for the Ordinance: the first dealing with permits for activities in Columbia Cemetery,
~-, and the second that establishes rules for conduct of the public while within or affecting Columbia
~,,. Cemetery.
Background
"Pioneer" or Columbia Cemetery, located at the corner of Ninth and Pleasant Streets, was
acquired by the City of Boulder in 1965, when the previous owners faced bankruptcy. Although
it is not a pazk, the management of this histonc pioneer cemetery fell to the Pazks and Recreation
Department, which has been providing general care and maintenance of the Cemetery grounds,
buildings, manual above ground sprinkling systems, roadways, dnves, walks, paths, drains,
signs, and plantings since that time. There aze presently nearly 6,500 persons buried in
Columbia, and it is neaz capacity All lots and grave spaces are the sole property of the person(s)
named m the deed, although the City or its representatives has performed conservation work (at
the Crty's expense) that rs deemed necessary to protect the histonc integrity of the cemetery.
Although no new lots have been sold since rt was taken over by the City, Columbia Cemetery is
still an active banal ground. Prevrous commitments for those who own plots aze honored, and
only those persons who possess a valyd deed to a cemetery lot may be buried m Columbia
Cemetery. The Crty is not involved in the actual bunals; the opening and closing of graves
remains the sole responsibrlrty of the mortuary conducting the banal at no expense to the City.
Today, there aze approximately three to four burials annually, and it rs anhcrpated that this
number will decrease with tune.
Columbia Cemetery was landmazked by the City in 1977, and was listed on the National Register
of Historic Places in 1997. The Cemetery rs an outdoor museum that provides much information
about Boulder's early founders and pioneers. It is an open book into Boulder's history, and the
AGENDA ITEM #~ V _, PAGE
grave markers provide records of the hues and deaths of the people that made the community
what rt is today. Tom Horn, Mary Rippon, and "Rocky Mountain Joe" Sturtevant are all buried
in Columbia Cemetery, as well as such Boulder Pazks namesakes as Eben G. Fine, Albert Viele,
Hiram Fallen and William Martin. The cemetery is visited by genealogists, reseazchers, students,
and provides an excellent location for quiet contemplation.
Columbia Cemetery Preservation Master Plan
During the 1980s and 1990s, Historic Boulder, Inc. convinced the Department of the unportance
of being good stewazds of this cultural resource. In 1997, the Department and Historic Boulder
applied and received a grant from the Colorado Historical Society's State Historical Fund to
develop a Columbia Cemetery Preservation Master Plan. The Plan outlined a recommended
action plan to address the needed restoration and improvement efforts. The Plan also
recommended the development of policies and regulations surrounding the use of the Cemetery
The Parks and Recreation Advisory Boazd adopted the Plan on Febn~ary 24, 1997. Since that
time, additional grants have been successfully obtained from the State Historical Fund. These,
along with cash match money from the 1995 Cultural Resource ballot issue and funds from
Historic Boulder, Inc., have enabled a tremendous amount of unprovements outlined in the
Master Pian to be completed in Columbia. To date, over $500,000 has been spent on cemetery
improvements. Projects that have been funded from various grant sources include restoration of
the historic cast iron fence surrounding the Cemetery, re-roofing of the tool shed, inventorying
and digitally photographing all grave markers, development of an entry sign, and the
development and completion of a Columbia Cemetery Conservation Plan. Additionally, a
volunteer cemetery conservation group was organized and has been actively working in
Columbia Cemetery since 1999, and hundreds of grave markers have undergone professional and
volunteer repa>r and conservation. The Cemetery has received some much-needed attention as a
result of these activities, and the successful efforts aze nationally recognized and highlighted m a
number of newspaper artrcles as well as radio and television. It continues to be the locale for the
populaz "Meet the Spirits" event, a costumed portrayal of some of the colorful persons buried in
Columbia that is cosponsored by Parks and Historic Boulder, Inc.
Columbia Cemetery Ordinance
While much attention has been given to Columbia Cemetery, there aze still issues that must be
addressed. Of high concern is the lack of any Cemetery ordinances in the Boulder Gty Code to
help protect and preserve this unportant resource. Unfortunately, the property has become a
favorite location for many destructive type recreational activities. For example, "disk golf," is an
activity that can be very damaging to fragile grave markers, many of which are over one hundred
years old. Additionally, grave mazkers have sustained damage from such activities as throwing
balls, paintballs, food items, sitting/climbing on stones, and even grave marker rubbings. It is
clear that additional regulatory measures afforded other public activities via City ordinances
would do much to help protect this cultural treasure.
There has been no formal burial application and permit process for Columbia Cemetery since it
was taken over in 1965 Most local mortuanes possess a key to the Columba Cemetery gate,
and in the past, have usually performed burials without clear interment guidelines, and without
notifying or receiving approval by the City. This has resulted in a number of problems,
including damage to turf by contractors, incorrect and inappropriate banal locations, and spotty ~
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AGENDA ITEM #_~, PAGE
records. For this reason, staff has been working with the City Attorney's Office to add a chapter
"`" specific to permit actrvrtres in Columbia Cemetery to the City Code. Staff has held discussions
with local mortuanes and other mumcrpalrties that caze for lustonc cemeteries, and the result is a
proposed ordinance that is intended to protect the cultural and historical resource and its visitors.
This ordinance wrll provrde further "teeth" for protectron of Columbia Cemetery. Staff
anticipates working closely wrth the Boulder Police Department and Amoral Control to assure
that Columbra Cemetery will continue to be a respected burial ground, as well as an enjoyable
site for vrsrtors to learn about our local history.
Next Steps
Staff will be sending the Ordinance over to Planning Department staff who may send tt to the
Landmarks Advisory Boazd. Staff is also drstnbutang the final ordinance to various mortuary
companies for final comment before the Ordinance rs heard by City Councrl in Febrnary. If
Boazd members have any questrons relating to this draft ordinance, please contact Doug
Hawthorne at 303-413-7211, or Mary Reilly-McNellan, project manager for Columbra Cemetery
at303-413-7232.
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AGENDA ITEM #~ V ,PAGE 5
Attachment A
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City of Boulder
Project Planning and Approval
Process tIandbook
for Capital Improvement Program Projects
Departmental Master Plans ' "
Capital Improvements Program
Protect Planning and Destgn
Commumry and Environmental Assessment Process
Protect Engineering and Final Design
•°" Final Petunttmg
Protect Constxncnon and Management
DRAFT
November 2002
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AGENDA ITEM # ~ y ,PAGE 6
Pxolea Planxung and ~lppxos al Process -
Table 1: The Project Planning and Approval Process for CIP Projects
1. Departmental Master Planning
a Master plan coordination and assessment by Master Plan hi0ordlnabrn Committee
b Review and recommendation by departrnenNal advisory board and Planning Board
c City Couneil review and acceptance of master plan
2. CIP: Budget Appropriation for Project Planning
a Presentation of CIP projects in the annual protect shanng meeang vnth project managers
b Rewew of the CIP protect list by the drector-level CIP Coordination Committee
c Rewew of CIP protect list by mteMepartmental Praect Coordination Grouo to identify projects regmnng a CEAP, review protects
for consisterwy with master plans, and to recommend further rewew processes as needed
d Review and recommendation to Cary Council by department advisory board and Planning Board
a City Council rewew and adoption of CIP with the budget
3. Project Planning and Design
Projects that require Concept and Slte Plan
Review:
RC Rewew of Concep[ Plan (Concept Rewew) (CEAP
^hacklst is submittod :+nth Concapt Plan)
Planning Board rewew and comment on concept plan
RC Rewew of Sde Plan (SRe Rewew)
Wetland permit applications submitted (concurrent with sit
rewew)
Planrnng Board review and approval
City Council call-up option
Revew of CEAP checklist by Project Coordmatien Grouo
(The committee could recommend technical document
rewew by DRC)
navisory Board rewew and racommendanon of the final
CEAP and [he preferred project altematwe
City Council calf-up option
4. Project Engineering and Final Design
Pra}ecis that require Technical Document All other projects:
Review:
a Rewew of final design and engineenng plans through a
Technical Document rewew D( qC1
b Vanances to the Design and Construction Standards are
documemed by the project manager, reviewed and b
approved by ±he Pub}~c We•45 director where applicable
c Wetland and floodplain pernds are applied for rf
applicable (concurrent with site review d applicable)
Vanances to the Design and COnsimCUOn Standards are
documented by the project manager, reviewed and
approved by the Public Works director where applicable
Wetland and flootlplafn permits are applied for rf required
5. Final Permitting
Pro}ects that require building, flood, or right-of-way permits:
Pernd rewew and issuance by P&DS
6. Project Construction and Management
Projects that require building permits: Projects that require wetland permits and
a Buildm ins ectlon b P&DS as r wired mitigation monitoring:
9 P Y eq a Annual wetland monitonng and reportng as required
6 Right-of•way inspection as requred
3
All other projects that require CEAPs:
a~
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AGENDA ITEM #_~, PAGE _
o~mr~ uss~ et~g
Overview
Departmental Master Planning
Most departments have functional master plans for the provision of services and facihnes
Master plans establish detailed policies, priorities, service standazds, facility and system needs
and capital budgeting for the delivery of specific services. They provide city-wide programs to
correct existing facihry deficiencies, to enhance existing facihnes and services, and to provide
new facilities to meet ~owth needs.
Master plans are consistent with the overall policy framework for growth and development as
adopted in the BVCP and subcommunity plans. Master plans are developed within the overall
policies, plans, and population and employment projections provided by the BVCP.
Departmental master plans take the goals and policies of the BVCP and provide specific
` guidance for delivery of city services. The provision of services to Area II is outlined within
°- master plans consistent within the planning period of the BVCP. Following completion of master
plans, the master plan summary and related maps are incorporated into the BVCP
Tn some cases, master plans outline whole system plans for public improvements. The
Greenways Master Plan, Comprehensive Drainage Utilities Master Plan and Transportation
Plaster Plan aze all examples of plans that lay out city-wide networks for transportation, flood,
and draiaab imp Yvements. Whe1e system plans eliminate the need to review system
alternatives when specific protect alternatives are being evaluated at the project planning and
preliminary design stage. System alternatives may be evaluated through the review of master
plans and master plan updates. At the project planning and design stage, the primary focus
becomes alternative project types, locations, and functional designs -not system alternatives.
blaster plans include short and long term implementation strategies and a financing plan. The
financing plan identifies the funds needed to implement programs and biuld capital
improvements. Adoption of master plans by City Council provides duecUon on city priorities
for capital improvements. Capital funding, however, is not authonzed with the acceptance of a
master plan.
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AGENDA ITEM # ~ Y ,PAGE
tttPC[dnQ1I8t (ktffifCf p2MNe' ~~
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ScUedule for Masser Plan Opdates
Major master plan updates should be conducted every five years m coordinanon with the major
updates to the BVCP. Changes to the BVCP will include revised growth prolecnons, policies,
the land use plan and plan implementation components. After adoption of these changes to the
BVCP, master plans should be revised the following year, consistent with [he BVCP changes
In between the mayor five-year updates to master plans, Planning Board and City Council may
direct staff to make significant policy or grogram changes pnor to the five-year update
timeframe. Nlinor updates to master plans and progress reports may occur annually.
Masser Plan Coo~fina>ion
Master plans are coordinated among departments a'irough the Master Plan Coordination
Committee. This committee meets quarterly and is convened by the PPAP Coordinator. The
coordination committee consists of staff involved in the development or implementation of
deparmiental master plans. The purpose of the committee is to:
• Assure that master plans are consistent with the Comprehensive Plan and overall city ~;
policies and objectives;
• Provide policy and system level coordination and communication between specific
departments and master plans.
• t~.ssure use of consistent planning information and forecasts in the development of master
plans,
• Review master plans and assess impacts of master plans on ctty programs, plans, and
policies.
Master Piaa Format
The following presents a general framework for master plans. Master plans should follow the
basic prototype outlined below to the eetent possible in order to provide consistency ameng
departments in plan format and content. The framework may be modified to accommodate
variations in master plan scope, purpose and needs
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AGENDA ITEM # ~ ~ ,PAGE,
Depazanrnd ~tazR[ PL~mm~g
Prototypical Format for Master Plans
Executzve Summary
• Overview of key issues, service standards, and recommendations contained m the
plan.
Introducttorr/Background
• Is it a new master pian or an updates When was it originally developed? When were
the previous updates
• Use/purpose of this particular plan and how rt fits mto the lazger city planning context
(BVCP, growth assumptions, financial constraints).
• Services the department provides, service provision philosophy, key issues and
trends.
• Overview of the master plan contents.
• Process used to develop the plan.
• Any other pertinent back round informanon.
Goals and Ob~ecttves of the Plan
Overview of Key Trends, Issues and Reeomtnendauons
Plan Assumptions
• Service Area/land use/populations/employment
+ Service provision policies, standards
• Current funding
Analysis
• Assessment of existing services and facilities
• Analysts of existing and future deficiencies, replacement and enhancement
needs.
The Plan
• Alternatives assessment (if needed)
• Proposed changes m service standards, services, programs, and facilities (five year
and long term if needed)
• Risks and opportunities
• Policy issues with current update
• Implementation
• Financial impacts of proposed changes in service standards and other plan
recommendations
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Depaetmental Wasmr Plmmmg
• Financial plan (cost prolecnons, funding sources)
Public Process
• Process for public inpui/participation in pion development
• Outcome of public input
Calculation of Capital and Operating Costs
Department master plans should identify capital and associated operating needs to provide
services to both.the existing city and the projected boundanes of Boulder described in the service
area (Areas 1 and In with the projected population and employment numbers provided by the
Planning Department. Capital needs should be further broken down into the following
categories.
Existing deficiencies: Capital facilities needed to provide the existing
community with services defined by current service standards.
2. Enhancements: Capital facilities needed to provide an increased level of service
to the community.
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3. Replacements: Capital facilities that replace exisun~ capital facilities.
4 Growth related: Capital facilities necessitated by new residential or
nonresidential growth.
It is unlikely that any one pro)ect falls neatly m any one category It will be necessary to
deternune the proportion of projects that fall mto the various cate~or.'es or to simply decide that
projects are predominantly one or another
Boilerplate Language for Use in viaster Plans
City master plans provide planning for the delivery and funding of city sen•ices,
programs, urulfacilities. The city's comprehensive plan, subcommuntty plans.
and rite Lang Range Financial Pfan provide the overall policy direction for the
plans.
The Boulder Valley Comprehensive Plan provides the overall policy framework
for future development in the Boulder Valley. The ciry's master plans are
developed consistent with the policies, plans, and population and employment
projections provided by the comprehensive plan. They provide planning for the
delivery and funding of specific services, facilities and programs, and identify the
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AGENDA ITEM #~, PAGE
Depamnmtal Muca Ptazuung
~, _ costs assoczated wzth current defzczencies and replacement needs, and those
associated with growth. The master plans establzsh the policies, przorities,
service standards, and faczlzty and system needs for the delivery of specz, fie
servzces. The facility and service priorities and funding plan established through
the master planning process provide the basis for capital zmprovement
programming and annual bzulgeting. Followzng completion of master plans,
revised policies, a master plan summary and update maps are incorporated into
the comprehenszve plan.
The purpose of master plans zs to:
• provide conszstency of faeilzty and service planning with overall czt+ paliczes
and plans;
• provzde fznanczal and programmatzc planning for faczlzty and service
proviszon;
• provide integration and coordination of service provision between
departments;
• gezzde capital improvement programming and city budgeting; and
• identify costs assoczated tivith current system deficzenczes and replacement
needs, and growth-related costs.
Neui$w and Approuai Process for Master Pions
The followtng is the generalized process for the revtew and approval of master plans.
This process tncludes major milestones to master plan development. Most master plans,
however, wz1l requtre involvement of the boazds, Cz[y Council, staff and gublic in earlier
phases of the project including idenuficauon of the scope, goals, and objectives of the
master plan.
Step 1: Master plannutg scope, schedule and process is developed by the
department project manager
Step 2: Overview of the planning process and schedule are presented to the
Master Plan Coordtnation Coauni.tee. The comtmttee provides input
on the planning process.
Step 3: Draft master plan is developed by the department (which may involve
extensive ptzbltc process outszde of the PPAP)
Step 4: Draft master plan is reviewed by the Master Plan Coordznatton
Committee.
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AGENDA ITEM #~, PAGE
Lkpamnental NLss[e[ Plannm3 ~„~..
Step 5: The master plan is fuialized for board and Council review.
Slep h: The department's advisory board reviews the draft master plan through
a public hearing and makes a recommendation to City Council.
Step 7: The Planning Board reviews the draft master plan through a public
heanng and considers a recommendation to the City Council.
(Planning Board memo is written by Planning Department staff and
includes key issues for the board and a Planning staff
recommendation.)
Step 8: The City Council makes a motion to accept or not accept the master
plan through the public hearing process (City Council memo is
written by the department protect manager.)
Step 9: A master plan summary and policy changes are adopted as part of the
next update to the Boulder Valley Comprehensive Plan by all city and
county decision-malong bodies.
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Master Plann]ng Process Roles
Department Project Manager:
Manages update and review of departmental master plan
PP~1P Coordinator:
Convenes the Master Plan Coordmauon Committee,
Works with the protect manager to ensure consistency of the master plan with
BVCP goals and policies; use of common database that provides detailed
demographic and land use trends and projections; and that adequate information is
included on the facility and program costs;
Coordinates the review of the master plan by the Plaiuiing Boazd by providing an
analysis and recommendation to the Planning Boazd.
City LVlanagers Office:
Provides policy direction on mayor policy issues.
Departmental advisory board:
ltevieivs the master plan and makes a recommendation to Ciry Council on the
acceptance of the master plan
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AGENDA ITEM #_~, PAGE
Depamnmtal Nuta Plmnuig
Planning Board:
• Reviews all master plans for consistency with the goals, policies, and growth
projections of the BVCP and subcottununtty plans.
• Makes a recommendation to Ciry Council on the acceptance of the master plan.
City Council:
• Revtews master plans and makes a dectsion on final acceptance of the master
plan.
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AGENDA ITEM # I V ,PAGE
Attachment B
DRAFT
Section 1. Title 4, B.R.C. 1981, is amended by the addition of a new Chapter 26, "Cemetery
Pemuts," to read:
4-26-1 Legislative Intent.
This Chapter is intended to provide for the tssuance or denial of permits for activities in the
Columbia Cemetery as requtred by Chapter 8-7, "Cemetenes," B.R.C. 1981.
4-26-2 Definitions..
The definitions applicable to Chapter 8-7, "Cemeteries," B.R.C. 1981, apply to this Chapter.
426-3 Burial Permits -Earth Interment.
(a) No person shall bury, re-bury, or disinter any person in the Columbta Cemetery without a
permit issued by the city manager No person engaged in a burial, reburial, or disinterment
pursuant to a permtt issued by the manager shall fail to insure that all the work complies wtth
all of the requirements of this section and any other applicable law.
(b) Permits shall be issued or denied by the manager based on the following standards:
(1) Forty-eight hours advance notice of internent is required during the normal working
week (Monday through Friday, holidays excepted.) Notification of a pending
Monday A.M. interment must be given by 2.00 p.m. Fnday.
(2) The application for an interment must specify the exact location on the lot of the
grave to be opened. When instructions regazding the location of a grave on a lot are
indefinite, or for any reason the grave cannot be opened where specified, the
mortuary tray, with the approval of the city manager, open the grave on the lot where
it deems best and proper, so as not to delay the funeral; and the city shaft not be liable
to damages for any error so made
(3) The grave shall be of such depth that there shall be no less than thuty inches of
distance from the uppermost surface of the outer burial container to adjacent ground
elevation. However, if lazge rocks are encountered which cannot reasonably be
removed, this depth may be reduced the minimum amount necessary to deal with the
rocks, but in no case shall the depth be less than eighteen inches.
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AGENDA ITEM #~~ ,PAGE
(4) All bunals shall be made in such a way that there will be no settlement due to caskets,
vaults, or other containers having insufficient strength to support, through
intermedtate tamped fill, normal mechanized cemetery maintenance equipment.
Topsoil replaced around and on top of containers shall be tamped sufficiently to
assure minimal settling. Original or new lawn grass sod shall be placed over the soil
fill m such a manner that, after normal settling, the grave surface shall be level with
adjacent ground. Excess soil shall be neatly removed from the cemetery premises.
(5) No new plantrngs (other than sod), flowerbeds, or additional shrubbery shall be
penrutted on grave rooms as part of interment.
(6) The city manager may refuse interment m any grave room, and refuse to open or
allow to be opened any grave for any purpose, unless a written deed is presented to
show proper ownership of the grave room. If a deed is not available, then some other
evidence must be presented to the ctty manager to establish ownership. Such
evidence must show the section, lot and grave room number.l The city does not
assume liabtlity should the wrong grave room be opened and used.
(c) Upon receipt of an applicatron for interment, the city manager shall determine if the grave
may be dug using machinery Graves may normally be dug using machinery except in ~
instances where the city manager deems that the use of machinery or equipment will cause ~;
significant damage to turf, grounds, individual lots, landscaping, walks, grave moms, grave
mazkers, or other property in the cemetery. R the use of machinery will cause significant
damage, the city manager may require the applicant either to hand dig the grave, use plywood
or other suttable material to protect the grounds, or wait until condittons aze such that
machinery may be used.
(d) The c i .-nanager ...ay stop all wcrk cf any nature whenever proper prepazatrons therefore
have not been made; and when tools or tachinery are insufficient or defective, or when work
is being executed to such a manner as to threaten life or property, or when any reasonable
request on the part of the city manager has been disregazded; or when work is not being
1 Information is available on grave room ownership at the city's Carnegie Branch
Library for Local History at 1125 Pine Street. Information is also available on grave room use
though the Parks and Recreation section of the city's website. However, the city cannot vouch
for the completeness or accuracy of those records.
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AGENDA ITEM # I ~ ,PAGE
executed in accordance with specifications; or when any person employed on the work
violates any provision of the permit or law governing the cemetery.
(e) The completed work is subject to the approval of the city manager, and if unsatisfactory, it
may be ordered to be removed by the manager at the permitee's sole expense, and no
pernutee shall fail to comply with such an order.
(f) There is no fee for an earth interment permit.
4-26-4 Disinterment Permits.
(a) No person shall conduct any disinterment of a body without a permit fmm the city manager.
(b) Applicatron for a disinterment permit shall be made at least ten days before the date on which
the work is to occur.
(c) The manager shall not issue any disinterment perinit unless the applicant presents a valid
order of a court of competent jurisdiction approving the disinterment.
(d) Disinterment is subject to all the provisions of this chapter governing the conduct of earth
interment.
(e) There is no fee for a disinterment permit.
4-26-5 Grave marker permits.
(a) No lot owner or other person shall erect or place or cause to be erected or placed, on
any lot in the cemetery, any grave marker unless pursuant to a permit issued by the city
manager.
(b) An applicant shall furnish the manager a blue print or sketch of the proposed grave
marker, specifying size, location on lot, inscription, and kind and quality of material.
(c) In considering a grave marker permit application, the manager shall apply the
following standards and may impose the following conditions:
(1) The manager may reject any plan or design for any grave marker which on
account of size, design, or kind or quality of material is unsuited to the burial
space on which it is to be placed. The manager may, by regulation, specify
reasonable size, design, kind, and quality standards for markers and marker
materials, bearing in mind that permanence is an important value for markers.
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(2) Newly placed grave markers shall not encroach upon already existing grave
markers on the lot, or upon those existing in adjacent lots.
(3) The area of the face of a grave marker shall not exceed twenty percent of the
area of the grave room. The length of the base of a grave marker shall not
exceed seventy-five percent of the width of the grave room. The width of the
base of a grave marker shall not exceed twenty percent of the length of the grave
room.
(4) A grave marker shall not exceed three feet in length or one foot in width on a
single interment site. A double grave marker may be used if two people are
buried in the grave room or in adjacent grave rooms in the same lot, and shall
not exceed one foot in width and six feet in length.
(5) There shall be only one grave marker on any one grave room.
(6) All footings or other base must be of sufficient size and depth to assure that
there will be no settling or tilting of the grave marker and any attached flower
receptacle. ~
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(7) All conservation work (repair or stabilization) of existing grave markers shall
be in accordance with recognized professional standards, and the manager may
require proof of the understanding of the applicant of those standards, and the
ability to do work in accordance with them.
(d) The city shall not be liable for damages or igjury from mowing and trimming the lawn
about any brave marker.
(e) There is no fee for a grave marker permit.
4-26-6 Eligibility for Grave Marker Permit.
(a) Markers where none exist. The following persons are eligible for a grave marker
permit where no grave marker exists:
(1) For a new burial, the person responsible for the burial or the mortuary
conducting the burial.
(2) For an occupied grave room, any relative within the second degree of
consanguinity as defined in this code. Where the applicant is not the parent or
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child of the deceased, the manager may require that the marker has the
approval of the nearest living relative, ranked according to placement in the
definition of consanguinity, and may require proof of that status. If more than
one person occupies the same rank, there must be approval of a majority of such
persons.
(3) For an occupied grave room where the applicant demonstrates that no relatives
within the second degree of consanguinity are alive, any person may cause a
grave marker to be installed for a veteran of the military service of the United
States if it has been provided for that purpose by the Department of Veteran's
Affairs of the federal government, or a successor federal agency.
(4) Any other permit for a new grave marker shag require the approval, by motion,
of the city council.
(b) Replacement of markers. The following persons are eligible for a permit to replace an
existing grave marker.
(1) Any relative within the second degree of consanguinity as defined in this code.
Where the applicant is not the parent or child of the deceased, the manager
may require that the replacement marker has the approval of the nearest living
"°- relative, ranked according to placement in the definition of consanguinity, and
may require proof of that status. If more than one person occupies the same
rank, there must be approval of a majority of such persons.
(2) No grave marker replacement permit for a marker placed fifty or more years
before the date of application shall be approved by the city manager without the
additioaal approval of the Landmarks Preservapon Advisory Board pursuant
to such procedures and standards as are used for landmarks alteration
certificates, except those procedures and standards which by their nature can
have no reasonable application to grave markers.
(c) Repair of markers. The city manager may at any time take action to correct or remove
a hazardous condition which arises due to the condition of any grave marker. The city
manager may also for conservation purposes conduct such other repair or stabilization
work on old grave markers as the manager deems appropriate, considering the
resources available, by grantor gift or otherwise, for the purpose. The manager needs
no permit for such work. Otherwise, only We following persons may apply for a permit
to do repair or stabilization work on any marker:
(1) The person responsible for the original installation of the marker.
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(2) Any relative within the second degree of consanguinity as defined in this code.
(3) Any corporation or association not for profit with a demonstrated purpose of
historical preservation or of preservation or conservation of grave markers, or
any organization eligible under the laws of the state for abingo-raffle license.Z
4-26-7 Landscaping permits.
(a) Upon application, the city manager may issue a permit allowing a person or group of persons
to make landscaping improvements to the cemetery. No person shall plant any tree, shrub,
grass, flower, flowerbed, or other plant material in the cemetery without a pemut issued
under this chapter.
(b) In considenng such an application, the manager shall apply the following standazds.
(1) No improvements shall be made on any section, lot, or grave room. Permits for
improvements under this section shall be only for the general grounds of the
cemetery.
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(2) The manager shall not approve any landscaping permit application unless the
proposed planting conforms to the general plan for the cemetery and to the Columbia
Cemetery Preservation Master Plan
(3) The manager may reject any plantrngs which are horticulturally inappropriate for the
environment, which would, in the manager's opinion, require excessive maintenance
or any expense far which there might not, in the future, be appropriated funds to
manage properly, or which would interfere with burial or other ongoing uses of the
cemetery.
LI'lie state statutes, in summary, limit these licenses to chartered branches, lodges, or chapters
of a national or state organization, or a religious, charitable, labor, fraternal, educatronal, voluntary
firefighters', or veterans' organization not for profit which has been in existence for at least five
years and has for at least that time had dues-paying members carrying out its objectives.
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(4) If the applicant asserts that the applicant will pay not only for the installatron of the
landscaping, but also its maintenance, the manager may take that into consideratron,
but any approval based on applicant maintenance shall be subject to the condttion
that if, at any tinte, the applicant does not maintain the landscaptg, the manager
may, wtthout notrce, remove the landscape matenals.
(5) Any pemut shall be subject to the conditron that if the general plan for the cemetery
or the Columbia Cemetery Preservation Master Plan changes, the manager may
remove any landscaping in order to conform the cemetery to the plan.
(c) There shall be no fee for a permit issued under this sectron.
426-8 Cemetery Special Event Permit.
The city manager may issue a pe_rm;t fn_r a spectal_ ?went ~*! the cemetery which is to occur in whole
or in part outstde of the allowed hours for the cemetery.
Section 2. Title 8, B.R.C. 1981, is amended by the addition of a new Chapter 8-7,
"Cemeteries," to read:
8-7-1 Legislative Intent.
(a) The city took tide to the Columbia Cemetery, located between College and Pleasant Avenues
immediately west of 9th Street, in 1965, when the prevtous owner of this cemetery went
bankrupt. This chapter is intended to establish rules for conduct of persons whtle within or
otherwise affecting the Columbia Cemetery to supplement laws applicable to conduct on
public property generally. The cemetery is operated by the city principally for its traditional
pnvate purposes as a resting place for the dead, for those who are visiting these graves, for
bunals and grave side servtces, and for maintenance of the grounds. Because it was
established in 1870, it is also a repository of the city's history, and its management is
secondanly guided by preservation of its historic chazacter for the public good.
(b) While the public is generally permitted on the cemetery subject to the law and the
restnctions of this chapter where not inconsistent with its pnvate and public purposes, the
cemetery is not a public pazk and is not a public forum. It has no chapel or other building
for gatherings of people, no significant area not already occupied by graves, and no place for
parking vehicles.
(c) Unlike some cemeteries operated by other cities since then inception or neazly so, it is only
recently as trine is measured in the cemetery business that the city became the owner of this
old cemetery. While burials in the cemetery aze now infrequent, there are persons claiming
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tights m cemetery lots based on purchase long before the city owned the cemetery. Froof of
such tights is often difficult, because among other difficulties a fire destroyed many of the
records of a former owner, some records believed to have existed have disappeared, the
earliest known records do not begin until 1887, it was not necessary by law to record
purchases of cemetery lots, and records of such rights as were recorded with Boulder County
before 1932 were destroyed in the courthouse fine of that year The council recognizes that
some persons who may possess such rights, especially by inhentance, may have tittle if any
proof of such tights, and it is intended that the city manager be vested with wide discretion
to deal with these situations as the manager sees fit, considering such records as the city
possesses, giving such weight to pnvate records as is appropriate considenng the source,3
and with appropriate consideration of the importance of the place of burial to the mdrnduals
involved while alive, and to their survivors balanced agaznst the rights of other potential
clazmants for the space and the need for fair and businesslike operation of the cemetery.
(d) Whiic It in vitCu IIot iiaulleulately 6bVlviiS iv we Casual visitor, ,:.any of the grave markers m the
cemetery aze fragile (despite being, in many cases, made of stone, metal, or other usually durable
materials), and are subject to being overturned with little force. Sigmficant restnctions on the use
of the cemetery are necessary to prevent damage to these historic and venerated objects, and to guazd
agamst injury to persons from toppling grave markers
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8-7-2 Definitions. +-
As used in this Chapter, the following words have the meanings given unless the context otherwise
requires:
"Burial" means the permanent disposition of human remains by banal, including earth mtennent,
under the ground, entombment, interment, or dispersal of cremated remains.
"Cemetery" means the Columbia Cemetery located between College and Pleasant Avenues
immediately west of 9th Street.
"Cremated remains"means the ashes of a body which has been cremated.
"Earth interment" means banal of a body, or portions of a body, which has not been cremated.
"Flat marker" means a flat marker made of stone or other durable matenal identifying the person
boned there and set in the ground so it is flush with the ground or protrndes but slightly, and whose
3Tlie council particularly recognizes the dedicated work of Mary McRoberts in collecting
information on the cemetery
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visible inscription is entuuly upon the [op. Flat mazkers are distinguished from upright mazkers
because they have little tendency to be overturned due to then geometry and low center of gravity.
"Flower receptacle" means an urn or other container made of a durable material not subject
to shattering which is part of or is attached to a grave marker, and whose function is to hold
flowers placed in it by those who wish to remember or honor the person buried there.
"Grave goods" means token objects temporarily placed on a grave as a token of remembrance or
respect.
"Grave marker" means a flaz or upright marker over a grave room, and includes without limitation
headstones, tombstones, grave stones, memorials, monuments, monoliths, nameplates, rocks, ums,
inscriptions, or any other physical object used to identify a grave or graves.
"Grave room" means a space intended to be used for the banal of the remains of one person. Grave
rooms are tiie smallest subdivision of a lat. G.uvc r:,;,u. is syaar.• .. ous with grave, grave space,
grave site, or plot where those terms are used in documents. The fact that in some instances the
remains of more than one person have been buried in a single grave room, or that this chapter makes
provision under some circumstances for burial of more than one person, does not affect this
definition except m those contexts.
,,, "Lot" means a platted lot within the cemetery containing five, six, twelve, sixteen, eighteen, or
twenty-four grave rooms as specified for the particulaz lot. Lots are subdivisions of a section.
"Mortuary" means a funeral home or funeral establishment operated m conformance with the laws
of the state.
"Section" means one of the fourteen mazn divisions of the cemetery, each of which contain varying
numbers of lots, with each lot in turn containing varying numbers of individual grave rooms. The
sections are labeled A through F, Avenue Reserve, Boulder Avenue Reserve, Central Avenue
Reserve, Columbia Avenue Reserve, East Avenue Reserve, North Avenue Reserve, South Avenue
Reserve, and West Avenue Reserve.
"Upright marker" means a grave marker which protrudes significantly above the ground and has
space for visible inscriptions on a side or sides.
"Vetucle" has the meaning given m Chapter 7-1, "Definitions," B.R.C. 1981.
8-7-3 Cemetery Hours.
(a) No person shall enter or remain in the cemetery after sunset and before sunrise.
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(b) Sunset and sunrise have the meaning defined in Chapter 7-1, B.R.C 1981.
(c) This prohibition does not cover city maintenance actrvitres, mortuary employees or
contractors if a banal permtt allows their presence during those hours to dig or fill a grave,
city sponsored events, or special events for which a permit has been issued by the city
manager
8-7-4 Cemetery Entrances.
No person shall enter or leave the cemetery other than through the entrance gates at the comer of 9th
Street and Pleasant Avenue, on College Avenue lust west of Ninth Street, at the western cemetery
boundary just north of College Avenue, and on Pleasant Street approximately midway between Ninth
Street and the western cemetery boundary.
8-7-5 Projectiles.
(a) No person shall cast, throw, or propel any projectrle on, into, or from the cemetery.
(b) Projectile includes, without limitation, balls, boomerangs, bottles, darts, food hems, frisbees
and other like devices, paint balls, model auplanes, rocks, snowballs, and strcks.
8-7-6 Vehicles and Cemetery Drives.
(a) No person shall drive a vehicle within the cemetery except upon the cemetery driveways.
It is a specific defense to this vtoladon that the vehicle was a backhce or other maintenance
vehicle driven m accordance with a permrt to do so from the crty manager pursuant to
Chapter 4-, "Cemetery Permits," B.R.C. 1981.
(b) No person 'shall drive a vehicle within the cemetery at a speed in excess of five mrles per
hour.
(c) No person shall drive a vehicle onto the cemetery except through the entrance gate at the
corner of 9th Street and Pleasant Avenue.
d) The crty manager may close any portion of the cemetery driveways to vehiculaz use as may
be necessary for maintenance or the prevention of damage to the cemetery grounds, and upon
the postrng of a sign or other indication of closure, no person shall drive any vehicle upon
an azea so closed
8-7-7 Pedestrian Uses Prohibited.
(a) No person shall sla within the cemetery except upon the cemetery driveways.
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(b) The city manager may close all or any portion of the cemetery grounds to pedestrian or any
other use as may be necessary for maintenance, the prevention of damage to the cemetery
grounds, or to mitigate hazazds to visitors, and upon the posting of a sign or other indication
of closure, no person shall enter or remain in an azea so closed.
8-7-8 Grave Marker Rubbings Prohibited.
No person shall make a rubbing from any grave mazker in the cemetery.
8-7-9 Treatment of Grave Markers.
No person shall lean against, push, pull, shove, kick, climb on, or strike directly or with any object
any grave mazker.
8-7-10 Decoration of Graves.
(a) No person shall plant within the cemetery any perennial, shrub, tree, flower, or rose except
pursuant to a permit issued under Chapter 426, B.R.C. 1981.
,~, (b) The city manager may remove any artrficial or living floral decoration or other grave room
decorafion or grave goods if it becomes in~unous to the turf on a grave room, unsightly,
dilapidated, blown off the grave room, or lenders other care requued in the cemetery or
poses a maintenance problem. Persons desiring to retain any funeral designs or floral pieces
must remove them within forty-eight hours after interment.
8-7- 11 City Responsibility.
(a) Ownership of a grave room by the person named in the deed or other instrument by which
the person obtained ownetship shall consist of the right to inter one body m one grave room
(however that is descnbed in the instrument, and without affecting the vahdiry of an
instrument conveying such right for more than one grave room), or the nght of one body
already interred to remazn there, subject to the restnctions on use of that space contazned in
this code. However, the city or its representatives may perform conservation work on grave
mazkers and grave rooms, at no expense to the owners, that is deemed necessary to preserve
and protect the lustonc integrity of the cemetery. This work includes, but is not limited to,
restoration, cleaning, repair or resetting of grave markers, and tramming or removal of
vegetation that may obscure, damage, or encroach upon grave mazkers.
(b) The city manager shall supenntend the planting of trees and shrubs in accordance with the
Columbia Cemetery Preservation Master Plan for the ornamentation of the grounds.
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(c) The city manager may, to the end that the cemetery shall be reasonably cared for as a
cemetery in the manager's discretion and subject to the appropnation of adequate funds,
provide for the general care and mazntenance of cemetery grounds, buildings, sprinkling
systems, roadways, dnves, walks or paths, drains, signs, fences, gates, plantings, or other
cemetery property or facilities of a general nature, including without limitation:
(1) Mowing and watering turf
(2) Reseeding or resodding.
(3) Tnmming azound grave markers, with machine or by hand, as close as possible
without nsk of damage to the grave markers.
(4) Removal of detrimental plants, noxious weeds, encroaching seedlings and saplings
.:,m sounds and on and around grave markers.
(5) General preservation of the cemetery roads, walks, fences, buildings, plantings, signs,
and the piumng of shrubs and trees that may have been placed by the cemetery.
(6) Filling in of holes as necessary. ~
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(d) General maintenance shall not be construed as meaning the maintenance, cleanuig, repair or
resetting of any grave marker placed upon any individually owned lot or grave space
(e) The city is not responsible for misplaced or broken flower receptacles or grave goods, or for
damage by the elements, thieves, vandals, or by causes beyond its control on any grave room
(f) Nothing in-ttus chapter is intended to waive any immunity the city has.
8-712 Transfer of Ownership.
The ownership of grave rooms is not transferable without the approval of the city manager. No
transfer or assignment of any grave room, however descnbed, or interest therein, shall be valid
without the consent m writing of the city endorsed upon such transfer or assignment before it is to
be effective, and after the document of transfer has been presented to the city manager to be filed in
the cemetery records of the city. The city manager may withhold approval of a transfer if proof
satisfactory to the city manager of ownership by the transferor is not presented, or if the evidence
establishes that the grave room is already occupied. Approval of a transfer does not ob]igate the city
to defend any challenge nor create any nghts against the city in any person. Transference of burial
space ownership grants only a right of use of this space for burial purposes.
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8-7-13 Abandoned Burial Spaces.
(a) The ownership or right m or to any unoccupied cemetery grave mom shall upon abandonment
revert to the city.
(b) Pre um lion. Fulure to inter m any burial space after one hundred years from purchase,
transfer or mtennent in an adjacent grave room commonly owned, whichever is later in tune,
shall create a presumption that the unoccupied grave room has been abandoned; except that
this presumptron shall not apply when a letter of intent is filed by the owner or heir in title
with the city before the end of the one hundred yeaz penod stating the intention to keep
specified spaces vacant.
(c) Notice Required. Abandonment shall not be complete unless the registered owners or then
heirs or assigns are notified in venting, mailed by first class or certifed mail to the last
known or registered adaress, by rile city manager. in the event that the address of the owner
or owner's hens cannot be ascertained, then notrce of such abandonment shall sufficient if
published in a newspaper of general circulation in Boulder County at least once a week for
three weeks.
(d) Failure to Realy. If the registered owner or the owner's hens or assigns fail to inform the
city within sixty days after receipt of notice of abandonment or after final publication of such
notice of an intention to retain the grace moms remaining, then abandonment shall become
final and the city may thereafter sell, transfer and convey title thereto. The funds derived
from any sale of an abandoned space shall be deposited in the general fund.
8-7-14 Burial.
(a) No person shall bury any remains, cremated or not, nor disinter any remains, nor do any
digging in the cemetery related to any burial without first obtaining a permit for the purpose
from the city manager pursuant to Chapter 4- "Cemetery Permits," B.R.C. 1981. Any
burial of a casket or container containing the cremated remains of any person shall
adhere to all requirements of a regular earth burial, except that it need not be buried
deeper than twelve inches.
(b) The opemng and closing of the grave will be the sole responsibility of the mortuary
conducting the banal, and shall be at no expense to the city.
(c) All burials shall comply with the following requirements in addition to those which aze
requirements or conditions of the burial permit:
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(1) All the excavatron for a grave must be at least six inches from the boundary of the
grave room, unless circumstances do not gennit. But in no instance shall a grave
excavatron extend into a grave room which is not under common ownership.
(2) Not more than one body, or the remains of more than one body, shall be interred m
one grave room. However, the remains of an infant may be buried m the grave room
with a parent, and one cremated remains may be placed m the same grave room with
one adult or infant banal or one other cremated remains.
(3) No person engaged in grave opening and closing operations or in erecting a grave
marker or other structure shall attach a rope or other device to any grave mazker, tree,
or shrub. No such person shall scatter materials or tools over adjoining lots or block
roadways or walks, or leave material or tools unattended on the grounds, or fazl
promptly to remove all debris and restore the ground to its original conditron.
(4) Any expense to the city for cleaning up to make the grave room reasonably neat,
removal of excess soil, repairing damages to adjacent grave rooms or the cemetery
generally wtuch is required shall be billed by the city to the mortuary which
contracted for the opening and closing.
(5) Any costs incurred for repairs required for damage done to lots, walks, trees, shrubs, ...~
dnves or other property by the mortuaries or monument dealers or conttactois or their
agents shall be charged to the mortuary or monument dealer or the contractor or to
their pnncipal.
8-7- 15 Grave markers.
(a) No grave mazker shall be installed, removed, moved, altered, or repaired except pursuant to
a permit from the city manager pursuant to Chapter 4- "Cemetery Permits," B.R.C. 1981.
(b) If any grave mazker becomes unsightly, dilapidated, is in imminent danger of being stolen
or vandalized, has fallen or is in unminent danger of falling, or is a menace to the safety of
visitors, the city manager may either correct the condition or remove the marker for
protectrve storage at no expense to the lot owner
8-7- 16 Other Code Provisions.
All other applicable city code provisions are in force in the cemetery unless specifically contradicted
or altered by some provision of this chapter. Without limitation these include the prohibition on
alcoholic beverages, the prolubitron against unreasonable noise and against noise exceeding the
prescnbed decibel littuts, the prohubitron against damaging city property, the city and state
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prohibitions against vandalism, the requirement that dogs be on a leash and their excrement be
picked up by the dog's guazdian or keeper, and the prohibition against littenng.
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