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DISTRICT OF HOUSTON
MOUNTAINVIEW CEMETERY BYLAW NO. 1023, 2012
A BYLAW RELATING TO THE OPERATION AND MAINTENANCE OF THE
HOUSTON MUNICIPAL CEMETERY ll AND COLUMBARIUM
The Council of the District of Houston, in open meeting assembled,
enacts
as follows:
PART 1
-- DEFINITIONS AND INTERPRETATION
Title
'1.
This Bylaw may be cited as the "Mountainview
Cemetery
Bylaw No. 1023, 2012".
Definitions
2.
In this Bylaw:
"Board"
means the Board of Cemetery Trustees
"caretaker"
means
the person
employed
by the District as caretaker
of the cemetery
and columbarium of the District or an authorized representative
of the caretaker;
"cemetery"
means
any area
of land set aside,
owned, used
or maintained
by the
District as a cemetery
within the municipal boundaries
and includes any columbarium
which may be located within the cemetenr,
"cemetery
care
fund"
means
a
portion
of the
interment
costs
set
aside
for
maintenance
of the cemetery;
"cemetery
manager"
means the Director of Engineering & Development Services for
the District or an authorized
representative
of the Director of Engineering & Development
Services;
"co|umbarium"
means
a structure
or part thereof that contains,
as an integral part of
the structure
or building, niches for the interment of cremated remains;
"Corporate
Officer"
means the Corporate Services Officer for the District of Houston,
who holds the responsibility of corporate
administration
or an authorized
representative
of the Corporate Officer;
"Council"
means the Council ofthe
District of Houston;
"cremated
remains"
means the remains resulting from cremation of a deceased
human
body;
"director"
means
the Director of Business
Practices
& Consumer
Protection Authority,
designated
to administer and enforce the Cremation, Interment and Funeral Services
Act;
Mountainview
Cemetery
Bylaw No. 1023 2012
Page
2 of 16
"disinterment"
means
the
removal
of human
remains,
along
with the
casket
or
container
holding human remains,
from the plot or niche in which the human remains
had been interred;
"District"
means the District of Houston;
"exhumation"
means
the
exposure
of interred
human
remains
for viewing or for
examination,
whether in or removed from the plot in which the human remains had been
interred;
"Financial
Officer"
means
the person appointed,
by Council, with the responsibility of
financial administration;
"immediate
relative" means spouse,
son, daughter, mother or father.
"interment"
means disposition by:
(a)
burial of human remains or cremated
remains in a plot, or
(b)
inurnment of cremated remains in a columbarium;
"Medical Health Officer" and "Health
Officer" means the person duly appointed from
time to time to act as Public Health Officer for the District;
"niche"
means
each individual compartment
in a columbarium
used or intended to be
used for the interment of cremated
remains;
"non-resident"
means a person who does not meet the definition of resident;
"p|ot"
means a space of ground
in a cemetery
used or intended
to be used for the
interment of human remains or cremated remains under an Interment Permit;
"pIot
|iner"
means
a rigid shell structure
to cover a casket for an interment and includes
a wooden container used to hold a casket;
"resident"
means a person
who has resided or owned land within the District for 30
days or more prior to the issuance
of a Cemetery Licence;
"urn"
means
a container
used to store cremated
human remains and which may be
designed to contain the remains of more than one person.
3.
Wherever
the singular or masculine
is used in the Bylaw the names
shall be deemed to
include
the
plural or the
feminine
or the
body
politic or corporate,
and also their
respective
heirs, executors,
administrators, successors
and assigns.
PART 2
-- APPLICATION
AND ADMINISTRATION
Application
of Bylaw and Cremation,
Interment
and Funeral Services
Act
4,
The regulations
hereby established
shall apply to all cemeteries
and co/umbaria
of the
District as described
in Section 5, and these regulations shall be observed for interment
of the dead therein and for the management,
operation and preservation
of same, and
the terms, conditions and fees set out herein shall apply to every use of plots or niches
within such cemetery,
provided however, that notwithstanding anything herein contained,
Mountainview
Cemeteiy
Bylaw No. 1023, 2012
10.
11.
12.
Paqe 3 of 16
the Administration of the cemetery
shall at all times be carried out in conformity with the
applicable
requirements
of the "Cremation, Interment and Funeral Services Act" and the
regulations
made pursuant thereto.
Cemetery
Designation
The following described
real property owned by the District which have been set aside,
held, laid out, developed,
improved, used and maintained
as a municipal cemetery and
dedicated
for such use by Bylaw shall continue to be used, operated
and maintained for
such purpose and shall not be used for any other purpose:
(a)
Lot 1, Plan BCP28109,
District Lot 2094, Range 5, Coast Range 5 Land District;
Civic Address:
1250 Mountainview Drive
in the District of Houston, Province of British Columbia
known as the "Mountainview
Cemetery"
Establishment
of Columbarium
The
District hereby establishes,
within the
Mountainview
Cemetery
a Columbarium,
which shall be managed and regulated in accordance
with the provisions of this Bylaw.
Cemetery
Plans
The original plans of the cemetery and the co/umbarium shall be kept available for public
inspection
in the
Municipal
Office
and
at such
other
places
as
may
be deemed
necessary
by the Council.
Establishment
of Board of Cemetery
Trustees
in accordance
with the provisions
of Section
37(2)(b) of the "Cremation, Interment and
Funeral
Services Ac
Council
hereby
established
itself as
a Board
of Cemetery
Trustees
to own and operate
the cemetery
with all such
power and authority as is
necessary
to permit the Board to own and operate the cemetery.
Administration
of Bylaw
This Bylaw shall be administered by the Corporate Officer.
The Corporate Of?cer shall issue all licenses and permits required by this Bylaw, subject
to the provisions of this Bylaw.
The Corporate
Of?cer shall maintain records as necessary
for the administration and
management
of the
cemetery
and
as
required
by the
"Cremation,
Interment
and
Funeral Sen/ices Act."
PART 3
-- CEMETERY LICENCING
Cemetery
Licencing
Cemetery
Licence for any
one
or more plots or niches
which may be vacant
and
unlicensed
in the cemetery
may be granted to any person
paying the fees according to
Mountainview
Cemetery
Bylaw No. 1023 2012
13.
14.
15.
16.
17.
18.
19.
Page
4 of 16
the scale of fees set out in Schedule
"A" attached to this bylaw for the exclusive use by
him, or his executors
or administrators.
The Board shall have the right to refuse to sell the use of more than two plots or niches
to any one individual.
All Cemetery
Licences
issued
for the use of a plot or niche shall be subject
to the
provision of this Bylaw and all Bylaws and regulations
now or hereafter to be passed
by
the Council.
Cemetery
Licence Applications
All applications
for the
Cemetery
Licence
shall be made
at the District of Houston
Municipal Office between
regular
business
hours
on all days
of the week
except
Saturday,
Sunday,
Statutory Holidays, and in case of emergency as described in Section
44, on the application form provided by the Corporate Officer.
Form of Cemetery
License
All Cemetery Licences issued shall be in the form provided by the Corporate Of?cer.
Cemetery
License Transfers
No sale,
assignment,
or transfer of a Cemetery
Licence, plot, or niche, or of rights of
interment therein, shall be made without the written consent
of the Corporate
Officer and
in accordance
with Sections
18 and 19.
After an interment
has been
made
in a plot or niche,
no assignment
or transfer
or
any
right therein
may be
made
or will be
recognized
by the
District unless
the
proposed
transfer
is to an immediate relative of the Cemetery
Licence holder.
The right to use
any
'vacant'
plot or niche may be transferred
to another
person,
provided that:
(a)
the
Licence
holder
or his legal
representative
signifies,
in writing, to the
Corporate Of?cer, his desire to transfer
his right to another person;
(b)
the
Corporate
Of?cer
is furnished
full particulars
of the
name,
address,
occupation,
or other description of the person to whom such transfer is desired to
be made, and the consideration
to be paid therefore;
(0)
if the person to whom the plot or niche is to be transferred
is not a resident of the
District, the difference between the non--resident Licence fee and the resident
Licence fee calculated
in accordance
with Schedule
"A", if not paid by the
original purchaser,
shall be paid to the District at the time of the application for
transfer;
(d)
after the transfer is effected,
any interment
made
in the plot or niche shall be
subject to the Interment Permit fees and any other fees related to the interment,
including memorial charges
if applicable, specified in Schedule
"A", at the time
of application for an Interment Permit.
Mountainview
Cemetery
BvlawNo. 1023 2012
20.
21.
Page
5 of 16
Repurchase
of Plot or Niche
The District may, on application by the Licence holder, repurchase
any vacant
plot or
niche from the holder thereof,
for the original amount paid for the plot or niche.
Such
repurchase
shall not be permitted where an exhumation
has occurred.
Rectifying
Licensing
Errors
if an error is made in the contract of sale, description
or transfer of a plot or niche and
the plot or niche is unavailable,
the District shall amend the contract to provide another
plot or niche of equal or greater
value and similar location acceptable
to the Licence
holder or to the person with the right to control the disposition of the human remains in
accordance
with the "Cremation, Interment and Funeral
Services
Act" or, the District
shall cancel the contract and refund the full amount of money paid plus accrued
interest
at a prescribed
rate.
PART 4
-- INTERMENT
22.
23.
24.
25.
26.
27.
Interment
No person
shall cremate
or inter the body or cremated
remains of a deceased
person
within the limits of the District save
and except as authorized
under the terms
of the
"Cremation, Interment and Funeral Services
Act" and the regulations
made there under,
and in compliance with this Bylaw.
No body,
other than
a deceased
human
body, or the
cremated
remains
or other
remains of a deceased
human body shall be interred in the cemetery.
No interment of a body or cremated remains shall be made until an Interment Permit has
been obtained from the District.
Interment
Permit
An Interment Permit for an interment in compliance with the provisions of this Bylaw may
be granted to any holder of a valid Cemetery
Licence after that person pays all the fees
therefore and all fees for any related interment
requirements,
according to the scale of
fees set out in Schedule
"A".
All Interment
Permits
must
be obtained
at least thirty--six(36) hours,
exclusive
of
Saturdays,
Sundays,
or Statutory Holidays, before the interment may take place, except
in the case:
(a) where
the
Health
Of?cer
directs
otherwise,
pursuant
to the
Health Act
Communicable Disease Regulation;
or
(b) where the cemetery manager is satisfied that a shorted notice is necessary.
Interment
Permit Applications
All applications
for an Interment
Permit
shall
be made
at the
District of Houston
Municipal
Office
between
regular
business
hours
on
all days
of the week
except
Saturday,
Sunday,
Statutory
Holidays and
in cases
of emergency
as
described
in
Mountainview
Cemetery
BvlawNo. 1023 2012
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
Pace 6 of '16
Section 44, by the immediate relatives of the deceased
or their representative
authorized
by them to make such arrangement
for the deceased,
or by other authorized persons,
on
the application form provided by the Corporate Officer.
Any person
who makes application for an Interment Permit shall furnish the Corporate
Of?cer a statement
including the name, sex, age and address
of the deceased,
date of
death, date and time of the interment, whether or not the deceased
at death was known
to have had an infectious or contagious
disease
or other disease
dangerous
to public
health, a copy of the burial certificate
or death certificate
issued by the Director of Vital
Statistics
under the provisions of the Vital Statistics Act, and such other information as
may reasonably
be required
by the Corporate
Of?cer to ensure
conformity with the
provisions of this Bylaw.
Form of Interment
Permit
All Interment Permits issued shall be in the form provided by the Corporate Officer.
Number
of lnterments
per Plot or Niche
The maximum interments in a plot may consist of a total of the interment of one (1) body
with up to two (2) cremated
remains
or the interment
of up to three
(3) cremated
remains.
The maximum interments
in a cremation plot may consist of a total of the interment of
one
(1) cremated
remains
or one
(1) cremation
urn specifically
made
to hold the
cremated remains of two (2) people.
The
maximum
interments
in a
columbarium
niche
may
consist
of two (2) single
cremation
urns or one (1) cremation urn specifically made to hold the cremated
remains
of two (2) people.
A single Cemetery Licence for a plot or niche is sufficient for multiple interments in a plot
or niche, but all other Interment Permits and other service fees set out in Schedule
"A"
shall apply.
Interment
Regulations
Upon using any Interment Permit for the cemetery,
the Corporate O?icer shall notify the
caretaker
before the time of the intended interment,
giving the name
of the deceased
and the number and location of the plot or niche concerned.
Each interment of a body or cremated
remains shall be made using a plot liner.
Each interment of a body shall be made in a plot dug to a depth sufficient to provide for
not less than 0.8 meters
(2.6 feet) of earth between
the upper surface
of the plot liner
and the level of ground surrounding the plot.
Each interment
of cremated
remains
in a plot shall be made
in a plot dug to a depth
sufficient
to provide for not less than 0.4 meters
(13 feet) of earth between the upper
surface
of the cremation um and the level of ground surrounding the plot.
Mountainview Cemetery
Bylaw No. 1023, 2012
38.
39.
40.
41.
42.
Page
7 of 16
A cremation
urn of approved
non--deteriorative material, no greater than twenty-nine (29)
centimeters
(11.5
inches)
in height,
shall be used
for each
interment
or cremated
remains
in a plot.
Except
as provided in Sections
40 and 44 all interments
shall take place between the
hours of 8:30 am.
and 3:00 pm. on all days of the week except Saturday,
Sunday, and
Statutory
Holidays.
lnterments
may take place after regular interment hours and on Saturdays,
Sundays
and
Statutory
Holidays provided the cemetery manager has granted his prior written approval
and the additional fees set out in Schedule
"A" have been paid.
No plot shall be dug or opened
and no niche shall be opened
or closed by any person
other than the caretaker or other person duly authorized
by the cemetery manager.
Rectifying
Interment
Errors
if an error is made and human remains or cremated remains are interred in the wrong
plot or niche, the District shall dislnter the human remains or cremated remains from the
wrong plot or niche and inter them in the correct plot or niche, if available.
Ifthe correct
plot or niche is not available, the District shall disinter the human remains or cremated
remains from the wrong plot or niche and inter them in a plot or niche acceptable
to the
person with the right to control the disposition of the human remains in accordance with
the "Cremation, Interment and Funeral Sen/ices Act". The Corporate Of?cer shall, within
thirty (30)
days
after the
disinterment
and
interment
of those
human
remains
or
cremated
remains, notify the director of the disinterment and interment.
PART 5
-- COMMUNICABLE
DISEASE
43.
44.
45.
46.
Communicable
Disease
The
Corporate
Officer, the
cemetery
manager,
or the
caretaker,
upon
receiving
a
request
to
handle
the
body of a
person
who
died
from
anthrax,
plague
or viral
hemorrhagic
fever, shall immediately report the request to the Medical Health Officer.
Where
the Medical Health Of?cer
directs,
pursuant
to the Health Act Communicable
Disease
Regulations or otherwise, that a body be buried in a cemetery during any period
when the Districts offices are closed, permission to inter in a cemetery shall be obtained
from the cemetery manager, or in his absence,
the Corporate Of?cer, or the caretaker.
Where
a body delivered
to a cemetery
for interment
is subject
to directions
of the
Medical Health
Of?cer
under
the terms
of the
Health
Act Communicable
Disease
Regulations,
the person delivering the body to the cemetery
shall inform the caretaker of
the directions
given by the Medical Health Of?cer respecting the interment and those
directions shall be fully and completely followed by those who perform the interment.
The caretaker
who performs an interment under the conditions of Sections 44 or 45 shall
furnish the Corporate Officerfull particulars of the interment as soon after such interment
as the Districts offices are opened,
and the representative
of the deceased
shall furnish
the
Corporate
Of?cer with full details
of the deceased,
as
required
by Section 28,
together
with such fees as may be required in accordance
with Schedule
"A" as soon
after such interment as the Districts
offices are opened,
and the person who permitted
Mountainview Cemetery
Bylaw No. 1023, 2012
Page
8 of 16
the
interment
shall report
the
matter
to the
Corporate
Officer as
soon
after
such
interment as the District's offices are opened.
PART 6
-- EXHUMATION
47.
48.
49.
50.
Exhumation
No person
shall exhume the remains of a deceased
person who has been interred in a
plot unless:
(a) they have obtained a written order or permit in accordance
with the requirements
of
the "Cremation, Interment and Funeral Services Act" and presented
that order to the
Corporate
Of?cer, or
(b) the Corporate
Officer receives a written request to do so from a person with the right
to control the disposition
of the human remains
in accordance
with the "Cremation,
Interment and Funeral Services
Act" and the Corporate
Of?cer issues his permission
in writing to disinter or exhume the body; and
(c) they have paid the fees for disinterment/exhumation
set out in Schedule
"A".
Prior to the execution
of the said order or request,
any person wishing to exhume the
remains
of a deceased
person must provide the Corporate
Officer with written proof of
whether
or not the deceased
person
at the time of death was known to have had an
infectious
or contagious
disease
or other disease
dangerous
to public health.
Upon receiving an order for exhumation from the proper authority as required by Section
47 (a), or after granting permission
in writing to exhume,
the Corporate
Of?cer shall
notify the caretaker
before the time of the intended exhumation, giving the name of the
deceased
and the number and location of the plot concerned.
During exhumation,
the caretaker
or other person
duly authorized
by the Corporate
Services shall open to the top of the casket only. The Funeral Director must be present
to complete the exhumation.
PART 7
-- CEMETERY PLOT SPACES
51.
Plot Spaces
Plot Spaces shall be of the following sizes:
(a)
Full Plot
---- Plots not less than 2.75 meters
(9 feet) in length by 1.2 meters
(3.94 feet) in width;
(b)
Cremation
--
Plots not less than 0.9 meters
(2.95 feet) in length by 0.9
meters (2.95 feet) in width,
Mountainview
Cemetery
BvlawNo. 1023, 2012
Paqe
9 of 16
PART 8
-- COLUMBARlUM NICHES
52.
53.
54.
55.
Columbarium
Niches and Urns
The size of the niche and the size
of the cremation
urns limit the number
of urns
permitted within a niche but in general
each niche may contain a maximum of two (2)
single urns and their cremated remains or one (1) double um and its cremated
remains.
Urns to be placed
in niches
shall be made
of metal, stone,
porcelain,
or other pre-
approved
non--deteriorative matter, and must be manufactured
for the express
purpose
of containing cremated
remains.
No alterations
or embellishments
of the columbarium
or niches
shall be undertaken
without written approval of the cemetery
manager.
The
District
reserves
and
shall
have
the
right to
remove,
alter or change
any
improvements,
alterations
or embellishments
made
without
written approval
of the
cemetery manager at the expense
of the niche licensee.
PART 9
-- FLOWERS AND WREATHS
AND OTHER LANDSCAPING
56.
57.
58.
59.
80.
Flowers, Wreaths,
and Landscaping
No person
other than an employee
of the District authorized
to do so, shall plant,
remove, cut down, or destroy any trees, shrubs, plants, flowers, bulbs, fences
or rocks in
the cemetery.
Cut flowers, fresh wreaths and floral offerings may be placed on plots in the cemetery.
At the
Columbarium, only fresh
cut
flowers
may
be
placed
at the
base
of the
Columbarium.
No artificial flowers, wreaths or offerings shall be placed in the cemetery.
The caretaker
may remove
any cut flowers, wreaths
and floral offerings from plots or
niches when, in his opinion, their condition deters
from the beauty of the cemetery or
columbarium.
PART 10
-- MEMORIALS
61.
Memorials
-- General
All memorials
in the
cemetery,
including
Columbarium
memorial
nameplates
and
memorial portrait enclosures, shall be:
(a) consistent
with the provisions
of this Bylaw and supplied
at the expense
of the
licensee; and
(b) installed, or removed,
only by the caretaker,
unless written authorization
otherwise
has been provided by the cemetery manager.
Mountainview
Cemetery
Bylaw No. 1023, 2012
62.
63.
64.
84.
65.
66.
67.
Page
10 of 16
No person shall place, or cause
to have placed, any memorial on any plot or niche, until
the Cemetery
Licence, Interment Permit, Care Fund, and all other cemetery
fees and
charges
set out in Schedule
"A" are fully paid, including the installation fees and Care
Fund fees in respect of each memorial to be placed.
The
District shall
not be responsible
for damage
to memorials
caused
by natural
weathering
or deterioration, vandalism,
or faulty construction.
The District will not be responsible
for any damage
or loss to pictures on memorials,
niche nameplates,
or portraits or their enclosures,
except where it can be determined
to
be a result of maintenance
operations.
Cemetery
Plot Memorials
No plot shall be defined by a fence, railing, coping, curbing, hedge or by other markings
except by a memorial as set out in Section 65 or approved under Section 66.
A tablet--type memorial shall be considered
"standard", and one (1) may be installed on
plots for each interment therein provided the requirements
of Section 61 are fulfilled, and
subject to the following:
(a) the
memorial
must
be either
stone
or bronze
waterproof
material,
capable
of
resisting wear and decay, and shall be on one piece construction;
(b) the memorial must be laid flush with ground
level and be devoid of curbs and/or
other obstructions;
(c) the size of the memorial and its placement
on a plot shall at no time result in the
memorial extending beyond the boundaries of the plot; and
(d) no memorial shall have a greater
length than 75 centimeters
(29.5 inches),
a greater
width than 50 centimeters
(19.7 inches),
nor a greater
depth than 15 centimeters
(5.9
inches),
nor be less
than
10 centimeters
(3.94
inches)
in depth,
though
notwithstanding the foregoing,
in the case of memorials for cremated remains within
cremation
plots the maximum size memorial permitted may be excessive
relative to
the actual
plot space
available for such
memorials and this must
be taken
into
consideration
by the person wishing to install the memorial so that the placement
of
the memorial does not exceed the boundaries
of the plot.
Any person wishing to install on any plot a memorial other than as set out in Section 65
of this Bylaw shall submit to the cemetery
manager,
prior to creation of the memorial, a
plan of the memorial, showing its size by dimension, siting on the plot, elevation, design,
and type of material.
The cemetery
manager,
upon receiving
an application
in accordance
with Section 65,
will review the application, and may grant permission
to erect such a memorial if, in his
opinion, it willnot: create undue maintenance
difficulties; extend beyond the boundaries
of the plot; post any safety hazards to visitors or workers; or, is not out of character
for
the cemetery,
and provided the applicant
enters
into any special
agreement
with the
District
deemed
necessary
regarding
any
aspect
of the
memorial
including
its
installation, care and maintenance,
temporary or permanent
removal.
Mountainview
Cemetery
B;/law No. 1023 2012
68.
69.
70.
71.
72.
73.
Page
11 of 16
Any
application
to install a
memorial
in accordance
with Section
65 will not
be
considered
within one (1) year from the date of an interment
in the plot, to allow for
settlement
of the ground within the plot.
Temporary
Removal
of Memorials
The caretaker
may arrange for the temporary removal of a memorial without the owner's
permission
if, during the excavation
of an adjoining plot, the memorial is found to be a
hazard to the safety of workers in the excavation
or to gain access to a plot for grave site
preparation.
The memorial shall be replaced
in its original position on the plot from which
it was removed as soon as possible after the excavation has been filled, and the owner
of the memorial shall not be charged with the cost of the work, and the District shall
repair at its expense
any damage
occasioned
to the memorial so removed and replaced.
in
cases
where
the
memorial
removed
was
previously
installed
without
proper
authorization,
or where the owner of the memorial has entered
into an agreement
with
the District in accordance
with Section 76 which make him responsible
for such costs, or
unless
he is also the owner of the plot in which the excavation
is being made,
the
memorial owner shall be responsible for all costs.
Columbarium
Memorials
Columbarium niche memorials
permitted shall consist solely of nameplates
and portrait
enclosures,
and shall be consistent
in design,
?nish, and manufacture
throughout the
columbarium.
In order
to maintain continuity of design
of the columbarium,
and to ensure
that all
niches
with cremated
remains
interred are memorialized,
the cost of a niche memorial
nameplate,
and its installation fee, in accordance
with the fees established
in Schedule
"A" are included in the Cemetery
Licence fee for a niche.
One
memorial
nameplate
is permitted for each
niche,
conforming
to the
following
specifications:
a.
engraving
purchased
through the District of Houston; and
b.
inscriptions shall consist solely of given names
and/or initials and surname together
with years of birth and death; and one line of text.
A maximum of two (2) memorial portrait enclosures
are permitted per niche conforming
to the following specifications:
c.
purchased
through the District of Houston; and
d.
only pictures of the deceased
are allowed to be affixed to the face of a niche; and
e.
pictures must be secured
in the portrait frames by appropriate
adhesives or sealants.
Mountainview Cemetery
Bylaw No. 102;
2012
Page
12 of16
PART 11
--
CEMETERY CARETAKER
74.
Cemetery
Caretaker
Caretakers
may be appointed by the cemetery
manager and the duties of the caretaker
so appointed
shall, among other things, be:
a.
to dig and prepare, open and close all plots required and open and close all niches
required,
whenever ordered to do so by the cemetery manager,
b,
to install all memorials, and to install all niche portraits;
c.
to ensure
the general maintenance
work of the cemetery that is necessary
to keep it
in a
neat
and
tidy condition
is carried
out,
including,
but
not
limited to the
maintenance
of landscaping
features,
lawns,
paths,
gates,
fences
and
other
cemetery
improvements;
d.
to maintain
records
as required
and submit
to the cemetery
manager
whatever
reports are required by him;
e.
to complete
such other work as may be directed
by the cemetery
manager
or any
person acting for him; and
f.
to direct all funerals to the correct plot or niche in the cemetery.
PART 12
--
FEES AND CHARGES
75.
76.
77.
78.
Fees and Charges
The fees
for Cemetery
Licences,
Interment Permits or Disinterment services,
use and
care of plots, use and care of niches, memorials
and their installation, and the charges
for goods offered for sale by the District for use in the cemetery,
and any other cemetery
fees, shall be those set out in Schedule
"A" attached to and forming part of this Bylaw.
Where
extra
labour
charges
are
incurred
after
regular
business
hours,
excluding
interments
and disinterments
on Saturdays,
Sundays
or statutory holidays which have a
fee established
in Schedule
"A", these charges
will be done through a work order and
invoiced accordingly as set out in Schedule
"A."
Payment
The fees set out in Schedule
"A", shall be paid in advance
at the District's office at the
time of application for a Cemetery
Licence, Interment Permit, or disintermem' permission,
and at the time of purchase
any goods or services sold by the District in connection with
the operation of the cemetery.
lndigence
in cases
of poverty,
the Board may consider applications
for the remission of fees
in
whole or in part, and in any such case the Corporate
Officer may remit such fees
in
whole or in part.
Mountainview Cemetery
Bylaw No. 1023, 2012
Paqe
13 of16
PART 13
-- CARE FUND
79.
80.
81.
82.
83.
84.
85.
Care Fund
A Care Fund shall be established
and administered
in accordance
with the "Cremation,
Interment and Funeral Services Act" and with the procedures
hereinafter
set out.
A bank account shall be established
to be known as the "Cemetery
Care Fund Account"
into which the Financial Of?cer shall deposit all funds received for Care Fund purposes,
pending investment
as herein provided.
The Financial Of?cer shall pay into the "Cemetery
Care Fund Account," from the amount
received for each Cemetery
Licence sold, the fee so specified in Schedule
"A", except
in those cases where a different amount is approved
by the director.
On all Cemetery
Licences
and on all contracts
for agreements
for the sale
of such
Cemetery
Licences, the amount
required to be used for Care
Fund purposes
shall be
specified, provided that the amount
so specified shall not apply to plots or niches made
available by the District free of charge for indigent interment.
Investment of funds received for Care Fund purposes shall be made as required by the
"Cremation,
Interment
and
Funeral
Services
Act", and
in accordance
with
the
Community
Charter.
The income from the Care Fund including any appreciation
thereof, shall be used for the
sole purpose
of operation and maintenance
of the plots or niches licenced and the
cemetery
of which they form part, and the original principal sum of such
fund
as
established
from time to time, shall be maintained at all times.
A separate
account
of all monies received
under the provisions of this Bylaw and of all
monies expended
in relation to the cemetery
shall be kept by the Financial Officer and
any surplus
remaining
of receipts
over expenditures
shall be paid at the end of each
financial year into the "Cemetery
Care Fund Account"
and shall be invested
by the
Financial Officer as per Section
84 and the interest derived from such investment
shall
be expended
on the operation and development
of the cemetery.
PART 14
-- GENERAL
86.
87.
88.
89.
General
No person shall damage,
destroy,
mutilate, deface, injure, or remove, any plot, niche,
marker, monument,
memorial, fence,
gate, railing, or other work, structure
or any other
improvement
in the cemetery.
No person shall willfullydestroy, cut, break, or injure any shrub or plant inthe cemetery.
No person shall play any game or sport in the cemetery.
No person
shall willfully or unlawfully disturb persons
assembled
for the purpose
of
interring a body or cremated remains in the cemetery.
Mountainview Cemetery
Bylaw No. 1023 2012
90.
91.
92.
93.
94.
95.
96.
97.
98.
Page
14 of 16
No person shall commit a nuisance, or behave in an indecent and unseemly manner, at
any time in the cemetery.
Any person
not behaving with proper decorum
within the cemetery,
or disturbing the
quiet and good order of the cemetery,
may be evicted by the caretaker.
No person shall deposit any rubbish or offensive
matter or thing in the cemetery.
No person shall drive a vehicle in the cemetery
at a speed
exceeding
15 kilometers per
houn
All vehicle movements
within the cemetery grounds shall be subject to the direction and
orders of the caretaker.
All persons
and
funeral
procession
in the
cemetery
shall
obey
the
reasonable
instructions of the caretaker.
The cemeteiy
shall be deemed
open to visitors at 8:00 am.
every morning and shall be
deemed
closed to all persons
every evening
at either sunset
or at 8:00 p.m., whichever
comes first.
No person shall enter or remain in the cemetery
before it is deemed
open or after it is
deemed
closed without special permission of the cemetery
manager
or the caretaker.
No person
shall solicit orders for markers, tablets, memorials, or like works within the
limits of the cemetery.
PART 15
-- OFFENCES
AND PENALTIES
99.
100.
Violation
and Penalty
Every person who violates any of the provisions of this Bylaw, or who causes,
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 refuses,
neglects
or refrains from doing anything
required to be done by any of the provisions of this Bylaw, or who fails to comply with
any order, direction or notice given under this Bylaw, is guilty of committing an offence
against this Bylaw and is liable on summary
conviction
to a fine not exceeding
Ten
Thousand
Dollars ($10,000.00)
or to imprisonment for not more than six (6) months, or
to both, and the cost of prosecution.
Where an offence under this Bylaw is of a continuing nature, each day that the offence
continues
or is permitted to exist shall constitute a separate
offence.
PART 16
-- SEVERABILITY
Severability
101.
If any section, subsection, clause, sub clause, phrase
or any other part, of this Bylaw is
for any reason
held to be invalid, void or ineffective by the decision
of any court of
competent jurisdiction, the part in question
is to be severed
from the rest of this Bylaw
Mountainview Cemetery
Bylaw No. 1023;, 2012
Page
15 of 16
and that does
not affect the validity of the remainder
of this Bylaw, which is to be
interpreted
and applied as ifthis Bylaw had been enacted
without the severed
part.
READ A FIRST TIME 20"'DAY OF November,
2012
READA SECOND TIME 20*"DAY OF November, 2012
READ A THIRD TIME 20" DAYOF November, 2012
ADOPTED Ti;IS 4th DAY OF December,
2012
CHRIS SANDVE
CORPORATE SERVICES OFFICER