Label
Cemeteries Update and Fees
Public Service Dept.
Megan Robson (x2306)
Revised
Title
Repealing portions of Chapter 959, of the Toledo Municipal Code, including Sections 959.01 through 959.08 “Lots and Burials;” Sections 959.10; 959.12; 959.14; and 959.16 "General Regulations;" and enacting new Toledo Municipal Code Sections 959.01 through 959.08 “Lots and Burials;” Sections 959.10; 959.12; 959.14; and 959.16 "General Regulations;" and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Chapter 959 of the Toledo Municipal Code governs municipal cemeteries and also specifies the burial requirements and fees for the interment of persons meeting the requirements of Ohio R.C. 9.15 formerly Ohio R.C. 5113.15. This Ordinance updates references to the appropriate Ohio R.C. sections, updates language, places management of the cemeteries under the Department of Public Service, and updates fees. The fees were last adjusted in January of 2011.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Chapter 959, Cemeteries Index, which currently reads:
CHAPTER 959
Cemeteries
LOTS
959.01 Control of receipts; payment for lots; deeds.
959.02 Conditions in deeds.
BURIALS
959.03 Permit required.
959.04 Private interments.
959.05 Other interments.
959.06 Disinterments.
959.07 Memorials.
959.08 Fees.
GENERAL REGULATIONS
959.09 Speed limit.
959.10 Hours.
959.11 Defacing memorials.
959.12 Obstructing official business.
959.13 Discharging firearms.
959.14 Maintaining appearance.
959.15 Minors restricted.
959.16 Supervisor of Cemeteries.
959.99 Penalty.
is repealed.
SECTION 2. That a new Toledo Municipal Code, Chapter 959, Cemeteries Index, is enacted to read as follows:
CHAPTER 959
Cemeteries
LOTS
959.01 Control of receipts; payment for lots; Contracts
959.02 Conditions in contracts.
BURIALS
959.03 Permit required.
959.04 Private interments.
959.05 Other interments; indigent burials.
959.06 Disinterments.
959.07 Memorials.
959.08 Fees.
GENERAL REGULATIONS
959.09 Speed limit.
959.10 Hours.
959.11 Defacing memorials.
959.12 Obstructing official business.
959.13 Discharging firearms.
959.14 Maintaining appearance.
959.15 Minors restricted.
959.16 Supervisor of Cemeteries.
959.99 Penalty.
SECTION 3. That Toledo Municipal Code Section 959.01, which currently reads:
959.01. Control of receipts; payment for lots; deeds.
(a) The Director of Parks, Recreation and Forestry shall have charge and control of the receipts arising from the sale of lots and shall determine the size and price thereof, and terms of payment therefor, and shall give to each purchaser a receipt showing the amount paid and a pertinent description of the lot or lots sold, and upon producing such receipt to the Mayor, the purchaser shall be entitled to a deed for the lot or lots described therein; and for the purpose of executing such deed therefor, the Mayor and the Clerk of Council are hereby authorized to execute and deliver to the purchaser thereof, on behalf of the City, a deed to such lot or lots, and shall affix thereto the corporate seal of the City and the seal of the Clerk. No deed shall be delivered until such lot or lots is paid for in full.
(b) A lot in any Municipal cemetery shall consist of one or more single grave spaces in those sections designated as Lot Sections.
(c) All lots not paid for within three months from the date reserved may be resold by the City without refund of any partial payment received therefor.
(d) No interment shall take place in any Municipal cemetery until payment for the space is received in full by the City, with the exception of burials pursuant to Ohio R.C. 5113.15.
is repealed.
SECTION 4. That a new Toledo Municipal Code Section 959.01, is enacted as follows:
LOTS
959.01. Control of receipts; payment for lots; contracts.
(a) The Director of Public Service shall have charge and control of the contracts and receipts arising from the sale of lots and shall determine the size and price thereof, and terms of payment therefor, and shall give to each purchaser a contract and receipt showing the amount paid and a pertinent description of the lot or lots sold.
(b) A Lot in any Municipal cemetery shall consist of one or more single grave spaces.
(c) All lots not paid for within three months from the date reserved may be resold by the City without refund of any partial payment received therefor.
(d) No interment shall take place in any Municipal cemetery until payment for the space is received in full by the City or by the City’s designated representative, with the exception of burials pursuant to Ohio R.C. 9.15.
SECTION 5. That Toledo Municipal Code Section 959.02, which currently reads:
959.02. Conditions in deeds.
All deeds for burial lots in any cemetery owned by the City shall contain a provision that such burial lots shall be used exclusively for the burial of dead human remains, shall be subject to such rules and regulations of the management of such cemeteries as the Director of Parks, Recreation and Forestry may from time to time adopt, and shall be subject to the cemetery laws of the State and ordinances of the City.
is repealed.
SECTION 6. That a new Toledo Municipal Code Section 959.02, is enacted as follows:
959.02. Conditions in contracts.
All contracts for burial lots in any cemetery owned by the City shall contain a provision that such burial lots shall be used exclusively for the burial of dead human remains, shall be subject to such rules and regulations of the management of such cemeteries as the Director of Public Service may from time to time adopt, and shall be subject to the cemetery laws of the State and ordinances of the City.
SECTION 7. That Toledo Municipal Code Section 959.03, which currently reads:
959.03. Permit required.
No dead body shall be received for burial within the Municipal cemeteries, or any other burial place in the City, unless the person in charge of such dead body shall have obtained a burial permit from the Department of Health. No person shall bury, or attempt to bury, any dead body without having obtained a permit from the Department of Health for that purpose.
is repealed.
SECTION 8. That a new Toledo Municipal Code Section 959.03, is enacted as follows:
BURIALS
959.03. Permit required.
No dead body shall be received for burial within the Municipal cemeteries, or any other burial place in the City, unless the person in charge of such dead body shall have obtained a burial permit from the Toledo-Lucas County Health Department. No person shall bury, or attempt to bury, any dead body without having obtained a permit from the Toledo-Lucas County Health Department for that purpose.
SECTION 9. That Toledo Municipal Code Section 959.04, which currently reads:
959.04. Private interments.
(a) All interments in any City-owned cemetery shall be made by or under the direction of the Director of Parks, Recreation and Forestry upon payment of the fees as specified in Section 959.08 hereof.
(b) No interments shall be made on Sundays or legal holidays.
(c) Except in the case of persons interred pursuant to Ohio R.C. 5113.15, no interments shall be made in City-owned cemeteries without utilization of a cement or steel receiving vault which meets the specifications promulgated by the Director of Parks, Recreation and Forestry.
is repealed.
SECTION 10. That a new Toledo Municipal Code Section 959.04, is enacted as follows:
959.04. Private interments.
(a) All interments in any City-owned cemetery shall be made by or under the direction of the Director of Public Service upon payment of the fees as specified in Section 959.08 hereof.
(b) No interments shall be made on Sundays or legal holidays, unless approved by the Director of Public Service.
(c) Except in the case of persons interred pursuant to Ohio R.C. 9.15, no interments shall be made in City-owned cemeteries without utilization of a cement or steel receiving vault which meets the specifications promulgated by the Director of Public Service.
SECTION 11. That Toledo Municipal Code Section 959.05, which currently reads:
959.05. Other interments.
(a) Cremations of persons meeting the requirements of Ohio R.C. 5113.15 shall be done only with prior authorization of the Director of Public Service or his designee.
(b) The Mayor is hereby authorized to pay the following sums for professional services rendered or contracted by funeral directors to prepare Ohio R.C. 5113.15 persons for cremation in accordance with the rules and regulations established by the Director of Public Service.
Each adult person $700.00
Each child under 12 years of age 315.00
Each still birth 210.00
(c) If the deceased is proven to be of a faith that prohibits cremation, then the deceased will be buried at the expense of the City of Toledo. The fee schedule outlined above in paragraph (b) will not be applied for burial. The following sums are for professional services rendered or contracted by funeral directors to prepare Ohio R.C. 5113.15 persons for burial in accordance with the rules and regulations established by the Director of Public Service.
Each adult person $400.00
Each child under 12 years of age $180.00
Each still birth $120.00
The City will provide a burial plot.
(d) Ohio R.C. 5113.15 burials and Aid for Aged burials shall arrive at a Municipal cemetery before 11:00 a.m., weekdays.
(e) Before any interments or payments are made pursuant to this section, the funeral director must submit the following to the Director of Public Service, or his designee:
(1) One copy of a statement for the amount requested to be paid by the City pursuant to subsection (b) hereof;
(2) One copy of the death certificate and one copy of the burial permit; and
(3) Original, signed copies of the following forms: next of kin affidavit; funeral home director affidavit; certificate of cremation; and indigent cremation agreement completed by the next of kin or, if not available, the most knowledgeable individual concerning the affairs of the deceased, for the purpose of determining whether the deceased qualifies to be cremated at the City's expense pursuant to Ohio R.C. 5113.15. This certificate shall be in a form prescribed by the Director of Public Service and shall be completed, signed and notarized, prior to or on the day of the cremation.
(f) Should it be ascertained, after any payment by the City pursuant to subsection (b) hereof, that such payment was made for a decedent whom the City did not have the responsibility to cremate pursuant to Ohio R.C. 5113.15, the City shall be entitled to any benefits payable on behalf of such decedent by any person or agency who had the responsibility to pay burial or cremation benefits pursuant to Ohio R.C. 5113.15, up to an amount totaling the payment made pursuant to subsection (b) hereof plus the fees for the grave space and the opening and closing, where appropriate.
is repealed.
SECTION 12. That a new Toledo Municipal Code Section 959.05, is enacted as follows:
959.05. Other interments; indigent burials.
(a) Cremations of persons meeting the requirements of Ohio R.C. 9.15 shall be done only with prior authorization of the Director of Public Service or their designee.
(b) The Mayor is hereby authorized to pay the following sums for professional services rendered or contracted by funeral directors to prepare Ohio R.C. 9.15 persons for cremation in accordance with the rules and regulations established by the Director of Public Service.
Each adult person $1,000.00
Each child under 12 years of age 315.00
Each still birth 210.00
(c) If the deceased is proven to be of a faith that prohibits cremation, then the deceased will be buried at the expense of the City of Toledo. The fee schedule outlined above in paragraph (b) will not be applied for burial. The following sums are for professional services rendered or contracted by funeral directors to prepare Ohio R.C. 9.15 persons for burial in accordance with the rules and regulations established by the Director of Public Service.
Each adult person $400.00
Each child under 12 years of age $180.00
Each still birth $120.00
The City will provide a burial plot.
(d) Ohio R.C. 9.15 burials shall arrive at a Municipal cemetery before 11:00 a.m. weekdays.
(e) Before any interments or payments are made pursuant to this section, the funeral director must submit the following to the Director of Public Service, or their designee:
(1) One copy of a statement for the amount requested to be paid by the City pursuant to subsection (b) hereof;
(2) One copy of the death certificate and one copy of the burial permit; and
(3) Original, signed copies of the following forms: next of kin affidavit; funeral home director affidavit; certificate of cremation; and indigent cremation agreement completed by the next of kin or, if not available, the most knowledgeable individual concerning the affairs of the deceased, for the purpose of determining whether the deceased qualifies to be cremated at the City's expense pursuant to Ohio R.C. 9.15. This certificate shall be in a form prescribed by the Director of Public Service and shall be completed, signed and notarized, prior to or on the day of the cremation.
(f) Should it be ascertained, after any payment by the City pursuant to subsection (b) hereof, that such payment was made for a decedent whom the City did not have the responsibility to cremate pursuant to Ohio R.C. 9.15, the City shall be entitled to any benefits payable on behalf of such decedent by any person or agency who had the responsibility to pay burial or cremation benefits pursuant to Ohio R.C. 9.15, up to an amount totaling the payment made pursuant to subsection (b) hereof plus the fees for the grave space and the opening and closing, where appropriate.
(g) Upon proof of qualification, the Lucas County Veterans Service Commission, may provide funeral service benefits in lieu of a municipal indigent burial.
SECTION 13. That Toledo Municipal Code Section 959.06, which currently reads:
959.06. Disinterments.
(a) The Director of Parks, Recreation and Forestry shall, upon application of the adult next of kin, deliver the body buried in a City-owned cemetery to such next of kin on payment of the fee and presentation of the death certificate and, in the event the deceased died of a contagious or infectious disease, upon presentation of a permit issued by the Board of Health.
(b) The City and its agents shall not and do not assume any liability for damage to any casket, burial vault or remains resulting from a disinterment.
(c) When disinterment is made from a space in a single grave section, the grave space shall revert back to the City.
is repealed.
SECTION 14. That a new Toledo Municipal Code Section 959.06, is enacted as follows:
959.06. Disinterments.
(a) The Director of Public Service or their designee, shall, upon application of the adult next of kin, direct the delivery of the body buried in a City-owned cemetery to such next of kin upon payment of the fee and presentation of the death certificate and, in the event the deceased died of a contagious or infectious disease, upon presentation of a permit issued by the Toledo-Lucas County Board of Health.
(b) The City and its agents shall not and do not assume any liability for damage to any casket, burial vault or remains resulting from a disinterment.
(c) When disinterment is made from a space in a single grave section, the grave space shall revert back to the City.
SECTION 15. That Toledo Municipal Code Section 959.07, which currently reads:
959.07. Memorials.
(a) A proper base or foundation shall be installed by City cemetery personnel under the direction of the Director of Parks, Recreation and Forestry for all memorials placed within the Municipal cemeteries and upon payment of fees.
(b) Except as provided in subsection (c) hereof, only flush or turf style memorials shall be permitted in the following sections: X-3, X-3S, X-5, X-6, X-7, C-11, C-30, C-31, C-32, C-33 and C-34. Flush-style markers shall be constructed of granite, marble or bronze, and shall be two feet by one foot by four inches, except in grave sizes under three feet in Section X-7, where markers sixteen inches by ten inches by four feet will be permitted.
(c) All monuments (above ground memorials) must be approved by the Director relative to size and position on a lot before placement. Monuments shall only be permitted where the lot consists of four or more spaces and a monument location has been provided for thereon.
is repealed.
SECTION 16. That a new Toledo Municipal Code Section 959.07, is enacted as follows:
959.07. Memorials.
(a) A proper base or foundation shall be installed by City cemetery personnel under the direction of the Director of Public Service for all memorials placed within the Municipal cemeteries and upon payment of fees.
(b) Except as provided in subsection (c) hereof, only flush or turf style memorials shall be permitted in the following sections: X-3, X-3S, X-5, X-6, X-7, C-11, C-30, C-31, C-32, C-33 and C-34. Flush-style markers shall be constructed of granite, marble or bronze, and shall be two feet by one foot by four inches, except in grave sizes under three feet in Section X-7, where markers sixteen inches by ten inches by four feet will be permitted.
(c) All monuments (above ground memorials) must be approved by the Director of Public Service relative to size and position on a lot before placement. Monuments shall only be permitted where the lot consists of four or more spaces and a monument location has been provided for thereon.
SECTION 17. That Toledo Municipal Code Section 959.08, which currently reads:
959.08. Fees.
Fees for interments, disinterments, lots, grave spaces and other services shall be set at eighty percent (80%) of the average fees charged by other cemeteries in the Toledo area as determined by the Director of Parks, Recreation and Forestry and approved by the Mayor. These fees shall become part of the rules of the cemeteries and are subject to change annually.
is repealed.
SECTION 18. That a new Toledo Municipal Code Section 959.08, is enacted as follows:
959.08. Fees.
Fees for interments, disinterments, lots, grave spaces and other services shall be set at no greater than eighty percent (80%) of the average fees charged by other cemeteries in the Toledo area as determined by the Director of Public Service. These fees shall become part of the rules of the cemeteries and are subject to change.
SECTION 19. That Toledo Municipal Code Section 959.10, which currently reads:
959.10. Hours.
The Director of Parks, Recreation and Forestry shall determine at what hour and for what purposes the Municipal cemeteries may be open to the public.
is repealed.
SECTION 20. That a new Toledo Municipal Code Section 959.10, is enacted as follows:
GENERAL REGULATIONS
959.10. Hours.
The Director of Public Service shall determine at what hour and for what purposes the Municipal cemeteries may be open to the public.
SECTION 21. That Toledo Municipal Code Section 959.12, which currently reads:
959.12. Obstructing official business.
No person shall resist the officer in charge of any Municipal cemetery in the execution of his duties, or refuse or neglect to obey such officer's lawful directions.
is repealed.
SECTION 22. That a new Toledo Municipal Code Section 959.12, is enacted as follows:
959.12. Obstructing official business.
No person shall resist the Supervisor of Cemeteries in charge of any Municipal cemetery in the execution of their duties, or refuse or neglect to obey lawful directions.
SECTION 23. That Toledo Municipal Code Section 959.14, which currently reads:
959.14. Maintaining appearance.
Any tree, shrub, marker or monument that becomes a detriment to the general appearance of a Municipal cemetery grounds or a public nuisance may be removed by the Director of Parks, Recreation and Forestry without any liability on the part of the City.
is repealed.
SECTION 24. That a new Toledo Municipal Code Section 959.14, is enacted as follows:
959.14. Maintaining appearance.
Any tree, shrub, marker or monument that becomes a detriment to the general appearance of a Municipal cemetery grounds or a public nuisance may be removed by the Director of Public Service or their designee, without any liability on the part of the City.
SECTION 25. That Toledo Municipal Code Section 959.16, which currently reads:
959.16. Supervisor of Cemeteries.
The Director of Parks, Recreation and Forestry may delegate any of his rights or obligations hereunder to the Supervisor of Cemeteries.
is repealed.
SECTION 26. That a new Toledo Municipal Code Section 959.16, is enacted as follows:
959.16. Supervisor of Cemeteries.
The Director of Public Service may delegate by contract any of their rights or obligations hereunder to the Supervisor of Cemeteries.
SECTION 27. That this Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and property of the City, and for the further reason that this Ordinance is required to be immediately effective in order to update the requirements and fees for the disposition of indigents; wherefore, this Ordinance shall be in full force and effect immediately upon its passage or at the earliest time allowed by law.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council