§ 7.5-5. Grave opening.

(a)

No person shall open a burial space within any cemetery owned by the city without first receiving permission from the city to do so. The city clerk shall issue a grave opening permit to any person who:

(1)

Presents a valid right of interment;

(2)

Provides the city clerk with a written request for the issuance of the grave opening permit which is signed by the owner of the right of interment; and

(3)

Pays the appropriate fee.

(b)

The city clerk, upon the issuance of a permit requested pursuant to subparagraph (a), shall instruct the public works department to mark the burial space for which the grave opening permit has been issued. The public works department shall mark the burial space by flagging the corners of the space and posting the space with a copy of the grave opening permit.

(c)

The city shall not be responsible for, nor shall it perform, any grave opening or closing. All grave openings and closings within the city shall be performed by and under the supervision of a licensed funeral director. However, a city employee shall be present at the time that the funeral director begins actual excavation of the grave to assure that the flagging on the corners of the space are still in the appropriate places and that the grave is clearly within the actual burial space. All remains shall be interred in a vault which shall be installed at the time of grave opening or in some other manner approved by the city. Upon the installation of the vault, the licensed funeral director or his designee shall notify the city of the installation. Upon notification of the vault's installation, if installation is necessary, the city shall inspect the open grave to ensure that the vault has been installed properly, and shall give the funeral director permission to proceed if the vault has been properly installed. If the vault has not been properly installed, the funeral director shall be immediately notified of the deficiency in the vault's installation, and shall correct the deficiency to the city's satisfaction.

(d)

A burial space in which remains or cremains have been interred may be partially opened to allow the interment of cremains if additional cremains interment rights have been sold in the burial space pursuant to subsection 7.5-3(c)(1) and (2) and in burial spaces where the burial space allows for four feet or more of space in the width of the burial space after a remains has been placed in the space. In the event of a partial opening pursuant to this subsection, the marking provided for in subsection (b) above shall be for that portion of the burial space to be partially opened. In no other instance shall a city-owned burial space in which remains or cremains have been interred be opened except as otherwise provided by rule approved by the city commission.

(e)

Notwithstanding any other provision of this section, a court of competent jurisdiction may order the opening of a city owned burial space in which remains or cremains have been interred.

(Ord. No. 252, 4-26-93; Ord. No. 319, § 2, 7-13-98; Ord. No. 344, § 2, 6-14-99)