City Clerk CITY OF KENAI ORDINANCE NO. 2969-2017 AN ...
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CITY OF KENAI ORDINANCE NO. 2969-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 24 - MUNICIPAL CEMETERY, TO UPDATE PROCEDURES FOR DEVELOPMENT OF CEMETERY REGULATIONS AND OPENING AND CLOSING OF GRAVES, AND TO PROVIDE REGULATIONS IN THE CEMETERY REGULATIONS APPENDIX FOR COLUMBARIUM NICHES, MARKER OR HEADSTONE DEPOSITS, AND OTHER HOUSEKEEPING CHANGES. WHEREAS, in 2016 the City commissioned the construction of a columbarium for the cemetery which was finished in September 2016; and, WHEREAS, it is appropriate to develop regulations prior to the col umbarium's use; and, WHEREAS, the Parks and Recreation Commission, Parks and Recreation Director, Finance Director and City Clerk reviewed KMC Title 24 ~ Municipal Cemetery; and the Cemetery Regulations Appendix of the Code and suggested amendments; and, WHEREAS, at their regular meeting of March 2, 2017, the Parks and Recreation Commission reviewed the policies and procedures herein and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 24.15.010 of the Kenai Municipal Code: That Kena i Municipal Code, Section 24.15.010 - Adoption of Regulations, is hereby amended as follows : The City Clerk, with the assistance of the Parks and Recreation Commission and Director, 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. Sect ion 3. Amendment of Section 24.20.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 24. 20.030 - Grave preparation, is hereby amended as follows: All openings, closing§, plot preparation.§, interments, disinterments, marker placement.§ and removals shall be overseen by the City and under the supervision of the Parks and Recreation Director or his designated representative. Opening and closing of graves shall be conducted by a licensed and insured contractor only. Section 4. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 1: Plots, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2969-2017 Page 2 of 4
a. Plots shall be platted in those areas of the cemetery where interments have not as yet taken place in five-foot (5') by ten-foot (1 O') plots, two-and-one-half-foot (2-1/2') by five-foot (5') plots for infants, and two feet (2') by two feet (2') by two feet (2') for cremains. 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 for each plot, depending upon the size of the plot (adult or infant or cremains) and the season during which the opening and closing of the grave occurs. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. 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. c. The purchase [A RESERVATION] of~ burial Q!Q1. [SPACE] cremains plot. or columbarium niche in the Kenai Municipal Cemetery shall [CAN] be made through [ACQUIRED BY APPL YING TO] the City Clerk's Office. The purchaser will be [AND BEING] assigned a [PLATTED] plot(§} or niche(s) [PLOTS] after having paid the appropriate fee. It is prohibited for the purchaser of said plot{s) or niche(s) to re-sell or re-assign [THE PLOTS] except to the [C]City. [CHARGES FOR RESERVATION IN ADVANCE WILL BE AT MAXIMUM COST. FUNERAL DIRECTOR WILL TAKE THE FAMILY TO THE CEMETERY FOR SITE SELECTION. THE FAMILY WILL PAY CLERK UNLESS THE DIRECTOR IS PAID IN ADVANCE.] All payments for burial plots. cremains plots. or columbarium niches shall be made directly to the City of Kenai. The fees for such purchase shall be established and maintained in the City Clerk's Schedule of Rates, Charges. and Fees. Section 5. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 2: Interment and Disinterment, is hereby amended as follows: Section 2 : Interment and Disinterment or Niche Opening and Closing
a. The City Clerk shall be provided with the appropriate State burial and transit permits before interment or inurnment will be permitted. The burial Qlots can be used for no other purpose than interment and cremains plots or columbarium niches can be used for no other purpose but inurnment. b. Interment or disinterment shall be made in compliance with all State and City laws and regulations. c. Prior to interment or inurnment a marker or headstone deposit is required . Such deposit shall be established and maintained in the City's Schedule of Rates, Charges. and Fees, and must be paid to the City of Kenai. Deposit refunds will be issued after proper installation of marker or headstone. If after eighteen (18) months (plots) and six (6) months (columbarium's) a permanent marker or headstone has not been installed, the City shall install a marker or flat headstone utilizing the deposit as payment. .Q[C]. Markers and headstones for cemetery plots may be set in a concrete base and installed at the head of the grave, centered and inside the plot area. The Parks and Recreation Director must be notified prior to any plot preparation, construction , or placement of headstone or marker.
New Text Underlined ; [DELETED TEXT BRACKETED)
Ordinance No. 2969-2017 Page 3 of 4 If relig ious 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 Director[SUPERVISOR] or designee. ~[DJ.
All niche openings and closings shall be overseen by the Parks and Recreation Department. A niche may be opened only at the request of the niche owner as listed in the cemetery records or as determined by the City Clerk. The initial open ing and closing (inurnment) of the niche is included in the original cost of the niche. Additional openings and closings thereafter are charged at a rate pursuant to the City's fee structure. Markers for columbarium niches shall follow a standard format. font. and size as determined by the City and shall include the first and last name of the deceased. year of birth. and year of death. Only interment or inurnment of human remains !.§ [ARE] permitted [TO BE BURIED] in the f[E]. Kenai Municipal Cemetery. g[F].
No more than one (1) grave marker per plot shall be allowed.
~ One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. Up to three (3) cremains may be buried in a standard or infant plot. Only one ( 1) crema in may be buried in a cremain plot. Up to two (2) cremains may be inurned in a standard niche.
Section 6. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 4: General, is hereby amended as follows: a. The City of Kenai shall not be liable for any order received verbally or for any mistake occurring from the want of precise and proper instructions as to the particular space, size or location in a tract where interment is desired. b. No person shall enter the Kenai Municipal Cemetery except through the established access routes . The vehicle gate will be open daily from 6 :00 a.m. to 10:00 p.m., from May 1 to September 30 (summer months) and will remain locked from October 1 to April 30 (winter months). The cemetery is open year-round for pedestrian traffic. The Kenai Police Department or the Kenai Parks and Recreation Department may be contacted for emergency access during closed hours. c. No burials shall be within the City limits except on homesteads owned by or resided on by the deceased. Such homesteads must be five (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 is[WILL] still [BE] required to be submitted to [FROM] the City Clerk if the burial is to be on a homestead or private cemetery within the City limits. d. Bicycles, skateboards, roller blades, roller skates, motor bikes, three (3) or four (4 ) wheelers are not allowed on the cemetery grounds. e. No child under the age of twelve ( 12), unaccompanied by a guardian or parent or other adult, shall be allowed on the cemetery grounds. f. Food, beer or other intoxicating liquors are strictly prohibited within the confines of the cemetery. Section 7. Severability: That if any part or provision of this ord inance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such New Text Underlined; [DE LETED TEXT BRACKETED)
Ordinance No. 2969-2017 Page 4 of 4 judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the valid ity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. Effective Date: That pursuant to KMC 1.15.070(f), th is ord inance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 5th day of July, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, Acting City Clerk
Introduced: June 21, 2017 Enacted: July 5, 2017 Effective: August 4, 201 7
New Text Underlined; [DELETED TEXT BRACKETED]
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1
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
FROM:
Robert J. Frates, Parks & Recreation Director
17 c::::> ·
Jamie Heinz, Deputy City Clerk
DATE:
June 16, 2017
SUBJECT:
Ordinance No. 2969-2017
Purpose of this correspondence is to inform Council that certain sections of the Kenai Municipal Code (KMC) Title 24 - Municipal Cemetery, including the Cemetery Regulations Appendix of the Code, require updating. The City Clerk's office, along with assistance from the Finance Director and Parks & Recreation Director reviewed current procedures and regulations. The Parks & Recreation commission, at their regular meeting of March 2, 2017, further reviewed the current policies and procedures and recommended several amendments be adopted. The most notable changes recommended are the requirement of marker or headstone deposits, establishing procedures for use of the Columbarium and other light housekeeping changes. Your consideration to this matter is appreciated.
11
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CITY OF KENAI ORDINANCE NO. 2969-2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 24 - MUNICIPAL CEMETERY, TO UPDATE PROCEDURES FOR DEVELOPMENT OF CEMETERY REGULATIONS AND OPENING AND CLOSING OF GRAVES, AND TO PROVIDE REGULATIONS IN THE CEMETERY REGULATIONS APPENDIX FOR COLUMBARIUM NICHES, MARKER OR HEADSTONE DEPOSITS, AND OTHER HOUSEKEEPING CHANGES. WHEREAS, in 2016 the City commissioned the construction of a columbarium for the cemetery which was finished in September 2016; and, WHEREAS, it is appropriate to develop regulations prior to the col umbarium's use; and, WHEREAS, the Parks and Recreation Commission, Parks and Recreation Director, Finance Director and City Clerk reviewed KMC Title 24 ~ Municipal Cemetery; and the Cemetery Regulations Appendix of the Code and suggested amendments; and, WHEREAS, at their regular meeting of March 2, 2017, the Parks and Recreation Commission reviewed the policies and procedures herein and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1.
Form: That this is a code ordinance.
Section 2. Amendment of Section 24.15.010 of the Kenai Municipal Code: That Kena i Municipal Code, Section 24.15.010 - Adoption of Regulations, is hereby amended as follows : The City Clerk, with the assistance of the Parks and Recreation Commission and Director, 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. Sect ion 3. Amendment of Section 24.20.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 24. 20.030 - Grave preparation, is hereby amended as follows: All openings, closing§, plot preparation.§, interments, disinterments, marker placement.§ and removals shall be overseen by the City and under the supervision of the Parks and Recreation Director or his designated representative. Opening and closing of graves shall be conducted by a licensed and insured contractor only. Section 4. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 1: Plots, is hereby amended as follows: New Text Underlined; [DELETED TEXT BRACKETED]
Ordinance No. 2969-2017 Page 2 of 4
a. Plots shall be platted in those areas of the cemetery where interments have not as yet taken place in five-foot (5') by ten-foot (1 O') plots, two-and-one-half-foot (2-1/2') by five-foot (5') plots for infants, and two feet (2') by two feet (2') by two feet (2') for cremains. 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 for each plot, depending upon the size of the plot (adult or infant or cremains) and the season during which the opening and closing of the grave occurs. All fees shall be as set forth in the City's schedule of fees adopted by the City Council. 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. c. The purchase [A RESERVATION] of~ burial Q!Q1. [SPACE] cremains plot. or columbarium niche in the Kenai Municipal Cemetery shall [CAN] be made through [ACQUIRED BY APPL YING TO] the City Clerk's Office. The purchaser will be [AND BEING] assigned a [PLATTED] plot(§} or niche(s) [PLOTS] after having paid the appropriate fee. It is prohibited for the purchaser of said plot{s) or niche(s) to re-sell or re-assign [THE PLOTS] except to the [C]City. [CHARGES FOR RESERVATION IN ADVANCE WILL BE AT MAXIMUM COST. FUNERAL DIRECTOR WILL TAKE THE FAMILY TO THE CEMETERY FOR SITE SELECTION. THE FAMILY WILL PAY CLERK UNLESS THE DIRECTOR IS PAID IN ADVANCE.] All payments for burial plots. cremains plots. or columbarium niches shall be made directly to the City of Kenai. The fees for such purchase shall be established and maintained in the City Clerk's Schedule of Rates, Charges. and Fees. Section 5. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 2: Interment and Disinterment, is hereby amended as follows: Section 2 : Interment and Disinterment or Niche Opening and Closing
a. The City Clerk shall be provided with the appropriate State burial and transit permits before interment or inurnment will be permitted. The burial Qlots can be used for no other purpose than interment and cremains plots or columbarium niches can be used for no other purpose but inurnment. b. Interment or disinterment shall be made in compliance with all State and City laws and regulations. c. Prior to interment or inurnment a marker or headstone deposit is required . Such deposit shall be established and maintained in the City's Schedule of Rates, Charges. and Fees, and must be paid to the City of Kenai. Deposit refunds will be issued after proper installation of marker or headstone. If after eighteen (18) months (plots) and six (6) months (columbarium's) a permanent marker or headstone has not been installed, the City shall install a marker or flat headstone utilizing the deposit as payment. .Q[C]. Markers and headstones for cemetery plots may be set in a concrete base and installed at the head of the grave, centered and inside the plot area. The Parks and Recreation Director must be notified prior to any plot preparation, construction , or placement of headstone or marker.
New Text Underlined ; [DELETED TEXT BRACKETED)
Ordinance No. 2969-2017 Page 3 of 4 If relig ious 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 Director[SUPERVISOR] or designee. ~[DJ.
All niche openings and closings shall be overseen by the Parks and Recreation Department. A niche may be opened only at the request of the niche owner as listed in the cemetery records or as determined by the City Clerk. The initial open ing and closing (inurnment) of the niche is included in the original cost of the niche. Additional openings and closings thereafter are charged at a rate pursuant to the City's fee structure. Markers for columbarium niches shall follow a standard format. font. and size as determined by the City and shall include the first and last name of the deceased. year of birth. and year of death. Only interment or inurnment of human remains !.§ [ARE] permitted [TO BE BURIED] in the f[E]. Kenai Municipal Cemetery. g[F].
No more than one (1) grave marker per plot shall be allowed.
~ One (1) casket and up to two (2) cremains may be buried in a standard or infant plot. Up to three (3) cremains may be buried in a standard or infant plot. Only one ( 1) crema in may be buried in a cremain plot. Up to two (2) cremains may be inurned in a standard niche.
Section 6. Amendment of Appendices Cemetery Regulation of the Kenai Municipal Code: That Kenai Municipal Code, Cemetery Regulation Section 4: General, is hereby amended as follows: a. The City of Kenai shall not be liable for any order received verbally or for any mistake occurring from the want of precise and proper instructions as to the particular space, size or location in a tract where interment is desired. b. No person shall enter the Kenai Municipal Cemetery except through the established access routes . The vehicle gate will be open daily from 6 :00 a.m. to 10:00 p.m., from May 1 to September 30 (summer months) and will remain locked from October 1 to April 30 (winter months). The cemetery is open year-round for pedestrian traffic. The Kenai Police Department or the Kenai Parks and Recreation Department may be contacted for emergency access during closed hours. c. No burials shall be within the City limits except on homesteads owned by or resided on by the deceased. Such homesteads must be five (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 is[WILL] still [BE] required to be submitted to [FROM] the City Clerk if the burial is to be on a homestead or private cemetery within the City limits. d. Bicycles, skateboards, roller blades, roller skates, motor bikes, three (3) or four (4 ) wheelers are not allowed on the cemetery grounds. e. No child under the age of twelve ( 12), unaccompanied by a guardian or parent or other adult, shall be allowed on the cemetery grounds. f. Food, beer or other intoxicating liquors are strictly prohibited within the confines of the cemetery. Section 7. Severability: That if any part or provision of this ord inance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such New Text Underlined; [DE LETED TEXT BRACKETED)
Ordinance No. 2969-2017 Page 4 of 4 judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the valid ity of the remainder of this title or application thereof to other persons or circumstances . The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 8. Effective Date: That pursuant to KMC 1.15.070(f), th is ord inance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 5th day of July, 2017.
BRIAN GABRIEL SR., MAYOR ATTEST:
Jamie Heinz, Acting City Clerk
Introduced: June 21, 2017 Enacted: July 5, 2017 Effective: August 4, 201 7
New Text Underlined; [DELETED TEXT BRACKETED]
t'fff~ «1/th a Po.6'~ 6'tf «1/th a fat~
1
210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 I Fax: (907) 283-3014 www.kenai.city
MEMORANDUM TO:
Mayor Brian Gabriel and Kenai City Council
THROUGH:
Paul Ostrander, City Manager
FROM:
Robert J. Frates, Parks & Recreation Director
17 c::::> ·
Jamie Heinz, Deputy City Clerk
DATE:
June 16, 2017
SUBJECT:
Ordinance No. 2969-2017
Purpose of this correspondence is to inform Council that certain sections of the Kenai Municipal Code (KMC) Title 24 - Municipal Cemetery, including the Cemetery Regulations Appendix of the Code, require updating. The City Clerk's office, along with assistance from the Finance Director and Parks & Recreation Director reviewed current procedures and regulations. The Parks & Recreation commission, at their regular meeting of March 2, 2017, further reviewed the current policies and procedures and recommended several amendments be adopted. The most notable changes recommended are the requirement of marker or headstone deposits, establishing procedures for use of the Columbarium and other light housekeeping changes. Your consideration to this matter is appreciated.
11
'Vtflate
«1/t~ a Paif~
Ct'tj «1/t~ a ratw
