The URL can be used to link to this page

Home My WebLink AboutORDINANCE 1852-2000Suggested by: Administration City of Kenai ORDINANCE N0. 1852-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 24.15.010, ENTITLED "REGULATIONS" AND THE CEMETERY REGULATIONS. WHEREAS, the current Kenai Municipal Code, Chapter 24 and the Cemete Regulations have not been updated in several years; and, WHEREAS, changes to the Code and Regulations will update and better define several segments which will aid in administration and maintenance of the cemetery. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 24.15.010 entitled "Regulations" and the Cemetery Regulations be amended as presented in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March, 2000. ATTEST: Carol L. Freas, ity Clerk Introduced: February 16, 2000 Adopted: March 1, 2000 Effective: April 1, 2000 ATTACHMENT "A" Ordinance No. 1852-2000 Section 1: Chapter 24.15 REGULATIONS 24.15.010 Adoption of regulations. The City Clerk, with the assistance of the [CEMETERY COMMITTEE] Parks ~ Recreation Commission, shall establish regulations for the purchase of plots and use of the cemetery. These regulations shall be effective after approval by the City Council. Amendments to the regulations shall be submitted by the City Clerk to the City Council for approval. Section 2: CEMETERY REGULATIONS Section 1: Plots b. The City Clerk shall be in charge and have access to said plats for the purpose of assigning plots upon request, and have charge of burial records, files and maps which shall be stored by the City of Kenai. The City Clerk shall charge a fee of ~ 150 per standard plot, ~ 100 for infants or X50 for cremains. Summer char ems (June 1 through September 30) for [0]opening and closing [CHARGES] graves are [200] 500 per standard plot, [~ 100] 250 for infants and 100 for cremains. Winter charges (October 1 through May 30~ will be [A 75% INCREASE] X600 for standard plots, X250 for infant plots, and ~ 100 for cremains. [FUNERAL DIRECTOR OR CONTRACfiOR WILL NOTIFY CLERK WHEN WINTER RATES WILL APPLY. ] Payment in full for the plot is required at the time of purchase of the plot. Payment for the opening or closing of the grave is due prior to commencement of work. Section 2: Interment and Disinterment c. Only [GROUND LEVEL] markers set in a concrete base shall be used, and they shall be installed at the head of the grave. If religious practices make the conformance of this requirement impossible, the old section of the cemetery may be utilized. This decision will be at the discretion of the Parks and Recreation Supervisor or his designee. e. No more than one grave marker per blot shall be allowed. f. One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. Up to three (3) cremains maybe buried in a standard or infant plot. Only one (1) cremain maybe buried in a cremain plot. Section 3: Maintenance c. [NO ENCLOSURE OF ANY KIND,) Enclosures such as a fence, wall, hedge or ditch, shall be permitted around or about any grave or burial plot [AND NO BURIAL LOT SHALL BE RAISED ABOVE THE ESTABLISHED GRAVE) only upon prior approval of the Parks 8~ Recreation Director or his/her designee. Wooden benches, boxes, shelves, toys and other articles upon a grave or burial lot shall [NOT] be permitted only if maintained on an annual basis. Enclosures and other articles not maintained and / or restricting maintenance efforts are subject to removal at the discretion of the Parks 8~ Recreation Director or his f her designee. [TEMPORARY DECORATIONS ARE PERMITTED DURING RELIGIOUS, NATIONAL AND STATE HOLIDAYS.] Section 4: General b. No person shall enter the Kenai Municipal Cemetery except through the established access routes. The vehicle gate will be open daily from [7:00 A.M. to 9:00 P.M. DURING THE MONTHS OF MAY THROUGH OCTOBER] June 1 through September 30. [DURING THE MONTHS OF NOVEMBER THROUGH APRIL, T] The vehicle gate [WILL BE OPEN FOR BURIALS ONLY] may be temporarily closed due to bad road conditions from October 1 through May 31. The cemetery is open year-round for pedestrian traffic. c. [KEYS TO THE KENAI MUNICIPAL CEMETERY ARE AVAILABLE AT THE CITY CLERK'S OFFICE. J [D.J No burials shall be within the city limits except on homesteads owned by or resided on by the deceased. Such homesteads must be hve (5) acres or larger. Private cemeteries within the city limits on the date of passage of Ordinance 1108-85 may continue in use but are limited to their platted size. A burial permit will still be required from the City Clerk if the burial is to be on a homestead or private cemetery within the city limits. Ordinance No. 1852-2000 Page 2 CITY OF KENAI 11 11 ~~~. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~.~ TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~-Ameiic~Qt~ 1992 MEMORANDUM T0: Parks 8~ Recreation Commission Mayor and Council Members. Richard A. Ross, City Manager FROM: Carol L. Freas, City Clerk Robert J. Frates, Parks 8v cre tion Director DATE: January 26, 2000 RE: MUNICIPAL CEMETERY CODE AND REGULATION CHANGES Attached is a draft ordinance with suggested changes to both the Kenai Municipal Code, Chapter 24.15, Adoption of Regulations (for the Kenai Municipal Cemetery) and the Cemetery Regulations. KMC 24.15.010, Adoption of Re lations The change is made to remove "Cemetery Committee" because the committee no longer exists. The Parks 8~ Recreation Commission has taken over that responsibility, assisting the City Clerk and the Parks 8v Recreation Director. Cemetery Regulations -- Section 1(b), Plots Tim Wisniewski, Funeral Director of the Peninsula Memorial Chapels ~ Crematory has indicated the cemetery regulations do not reflect what he is currently charging for opening/closing of graves. The indicated changes accurately reflect the costs he incurs with his contractor. The definition of summer and winter rates will better identify when the different rates take effect during the year. Cemeterv Regulations -- Section 2 (cl and f fl , Interment and Disinterment It was the original intent of the regulations to limit the grave markers to ground level markers in order to aid in the ease of maintenance. Because the regulation has not been followed over the years and the maintenance of the cemetery still requires mowing around fences, above-ground headstones, etc. in the pioneer section of the cemetery, it would be better to remove this requirement. Section 2 (fl is being added to give instruction and definition for the City Clerk when the question arises at the time of a plot purchase, for funeral directors to discuss with clients, etc. The question has been asked. The current code does not speak to the ~ uestion. Because cremation is becomin m r wi 1 ' q g o e de y used, the regulation should include some instruction. The suggested amendments follow those used by other cemeteries in the state. Cemete ~ Re . lations, Section 3(c), Maintenance fihe original intent of this policy was to eliminate articles and other little structures from impeding maintenance efforts.. However, this policy was never enforced. Currently, a majority of the sites have such articles and it is only the sites that are not cared for that create maintenance problems for our summer crews. Permitting such articles, if maintained on an annual basis, should shift some responsibility to the purchaser of the site to assist keeping the cemetery clean. Moreover, if it becomes apparent during our annual clean-up that individual sites are not being maintained, there would be a justification to remove items. Cemetery Regulations, Section 4(b), General The current code implies the gates of the cemetery are opened at 7:00 a.m. and closed after 9:00 p.m. during the months of May through October. However, the gates always remain open during this period. During November through April, the only time the gate is closed is when road conditions warrant them being closed. The months when they maybe temporarily closed has been changed to coincide with the definition of summer and winter in Section 1(b). KMC 24.20.010 states the driveways, gates and fencing of the cemetery shall be maintained by the City and may be closed in periods of adverse conditions. CLF/ RJF