Houston Cemetery Bylaw No. 970 (As Amended)

Houston, British Columbia

This is the exact embedded text of the captured official document. Snapshot 331d8faefc57 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

DISTRICT OF HOUSTON HOUSTON CEMETERY BYLAW NO. 970, 2009 A BYLAW RELATING TO THE OPERATION AND MAINTENANCE OF THE HOUSTON MUNICIPAL CEMETERY 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 "District of Houston Municipal Cemetery BvlawNo. 970, 2009." 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 cemetery; "cemetery care fund" means a portion of the interment costs set aside for maintenance of the cemetertr, "cemetery manager" means the Director of Engineering & Development Services for the District or an authorized representative of the Director of Engineering & Development Services; "columbarium" 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 Director of Corporate Services for the District of Houston, who holds the responsibility of corporate administration or an authorized District of Houston Cemeterv BvlawNo. 970 2009 Paqe 2 of 15 "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; "p|ot |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 District of Houston Cemeterv BvlawNo. 970 2009 Pace 3of 15 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, the Administration of the cemetery shall at all times be carried out in conformity with the applicable requirements of the "Cremation, Interment and Funeral Seri/ices Act" and the regulations made pursuant thereto. Cemetery Designation 5. 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) District Lot 2156, Range 5, Coast Range 5 Land District; Civic Address: 3480 Viewmont Court in the District of Houston, Province of British Columbia known as the "Houston Municipal Cemetery" (b) Lot 1, Plan 3826, District Lot 2109, Range 5, Coast Range 5 Land District, except Plan 4917, 5975 and 8403, PRP 14367 Civic Address: 3481 Viewmont Court in the District of Houston, Province of British Columbia Establishment of Columbarium 6. The District hereby establishes, within the Houston Municipal Cemetery a columbarium, which shall be managed and regulated in accordance with the provisions of this Bylaw. Cemetery Plans 7. The original plans of the cemetery and the Columbarium shall be kept available for public inspection in the Municipal Office and at such other places as may be deemed District of Houston Cemetery Bylaw No. 970 2009 Pace 4 of 15 Administration of Bylaw 9. This Bylaw shall be administered by the Corporate Of?cer. 10. The Corporate Of?cer shall issue all licenses and permits required by this Bylaw, subject to the provisions of this Bylaw. 11. The Corporate Officer 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 12. 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 the scale of fees set out in Schedule "A" attached to this bylaw for the exclusive use by him, or his executors or administrators. 13. The Board shall have the right to refuse to sell the use of more than two plots or niches to any one individual. 14. 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 15. 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 16. AllCemetenxLicences issued shall be in the form provided by the Corporate Of?cer. Cemetery License Transfers District of Houston Cemetery BvlawNo. 970 2009 19. Paue 5 of 15 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 Officer 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; (c) 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. Repurchase of Plot or Niche 20. 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 Licencing Errors 21. 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 Interment District of Houston Cemetery Bylaw No. 970 2009 Page 6 of 15 24. No interment of a body or cremated remains shall be made until an Interment Permit has been obtained from the District. Interment Permit 25. 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". 26. 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 Officer directs otherwise, pursuant to the Health Act Communicable Disease Regulation; or (b) where the cemetery manageris satisfied that a shorted notice is necessary. Interment Permit Applications 27. 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 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. 28. Any person who makes application for an Interment Permit shall furnish the Corporate Officer 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 29. AllInterment Permits issued shall be in the form provided by the Corporate Officer. District of Houston Cemeterv Bylaw No. 970 2009 32. 33. Pane 7 of 15 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 34. 35. 36. 37. 38. 39. 40. 41. Upon using any Interment Permit for the cemetery, the Corporate Of?cer 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 (1.3 feet) of earth between the upper surface of the cremation um and the level of ground surrounding the plot. 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 a.m. and 3:00 p.m. on all days of the week except Saturday, Sunday, and statutory holidays. interments 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 42. Ifan error is made and human remains or cremated remains are interred in the wrong District of Houston Cemetew BvlawNo. 970 2009 Pace 8 of15 PART 5 -- COMMUNICABLEDISEASE Communicable Disease 43. 44. 45. 46. 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 Of?cer. Where the Medical Health Officer 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 Officer, 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 Of?cer full 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 District's offices are opened, and the person who permitted the interment shall report the matter to the Corporate Of?cer as soon after such interment as the District's offices are opened. PART 6 -- EXHUMATION Exhumation 47. 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 Sen/ices Act" and presented that order to the Corporate Of?cer, or (b) the Corporate Of?cer 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 and the District of Houston Cemeterv BvlawNo. 970 2009 49. 50. Parts 9of 15 Upon receiving an order for exhumation from the proper authority as required by Section 48 (a), or after granting permission in writing to exhume, the Corporate Officer 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 Plot Spaces 51. 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) Small Plot -- Plots not less than 1.4 meters (4.6 feet) in length by 1.2 meters (3.94 feet) in width; (c) Cremation -- Plots not less than 0.9 meters (2.95 feet) in length by 0.9 meters (2.95 feet) in width. PART 8 -- COLUMBARIUM NICHES Columbarium Niches and Urns 52. 53. 54. 55. 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. District of Houston Cemetery BvlawNo. 970 2009 Paoe10of15 57. 58. 59. Artificial flowers or cut flowers, 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. The caretaker may remove any artificial flowers or 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 Memorials -- General 60. 61. 62. 63, 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 othenNise has been provided by the cemetery manager. 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 64. 65. No plot shall be defined by a fence, railing, coping, hedge or by other markings except by a memorial as set out in Section 85 or approved under Section 66, or by a curbing as set out in Section 69. One memorial may be installed on plots for each interment therein provided the District of Houston Cemeterv BvlawNo. 970 2009 66. 67. 68. 69. Paae'l1of15 (C) no memorial shall have a greater length than 91.4 centimeters (36 inches), a greater width than 61 centimeters (24 inches), nor a greater height than 91.4 centimeters (36 inches), 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, willreview 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. 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. Any curbing defining a grave space shall be made of concrete laid flush with the level of the ground, and the area surrounded by the curbing shall be filled with such material as will prevent the growth of vegetation. Temporary Removal of Memorials 70. 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 District of Houston Cemetery Bylaw No. 970 2009 72. 73. 73. Paoe12of15 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: (a) purchased through the District of Houston; and (b) only pictures of the deceased are allowed to be affixed to the face of a niche; and (c) pictures must be secured in the portrait frames by appropriate adhesives or sealants. PART 11 -- CEMETERY CARETAKER Cemetery Caretaker 74. 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; District of Houston Cemetery Bylaw No. 970 2009 Pacle 13of 15 PART 12 -- FEES AND CHARGES Fees and Charges 75. 76. 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 inlerments and disinterments on Saturdays, Sundays or statutory holidays which have a fee established in Schedule "A", these charges willbe done through a work order and invoiced accordingly as set out in Schedule "A." Payment 77. The fees set out in Schedule "A", shall be paid in advance at the Districts office at the time of application for a Cemetery Licence, Interment Permit, or disinterment permission, and at the time of purchase any goods or services sold by the District in connection with the operation of the cemetery. Indigence 78. 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. PART 13 -- CARE FUND Care Fund 79. 80. 81. A Care Fund shall be established and administered in accordance with the "Cremation, Interment and Funeral Sen/ices 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 Officer 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 CemetenxLicence sold, the fee so specified in Schedule "A", except in those cases where a different amount is approved by the director. District of Houston Cemetery Bylaw No. 970 2009 84. 85. Paqe14of15 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 Of?cer 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 General 86. 87. 88. 89. 90. 91. 92. 93. 94. 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 in the 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. 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. District of Houston Cemeterv BvlawNo. 970 2009 Page 15 of 15 98. No person shall solicit orders for markers, tablets, memorials, or like works within the limits of the cemetery. PART 15 -- OFFENCES AND PENALTIES Violation and Penalty 99. 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. 100. 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 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. PART 17 -- REPEAL Repeal 102. The "District of Houston Cemeterv BvlawNo. 738, 1997 and its amendments are hereby repealed. READ A FIRST TIME this 20"'day of October, 2009 READ A SECOND TIME this 20*"day of October, 2009 READ A THIRD TIME this 20" day of October, 2009