O1018
s-
-
.
e
I.
ORDINANCE NO. 1018 (GGS)
(CITY COUNCIL SERIES)
AN ORDINANCE OJ:i' THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MAJOR POR-
TIONS OF CHAPTER 3 OF ARTICLE VII OF THE
SANTA MONICA MUNICIPAL CODE, PERTAINING
TO THE OPERATION AND MANAGEMENT OF THE
WOODLAWN CEMETERY BY THE CITY, THE AMEND-
MENTS REFLECTING THE PURCHASE OF THE
EXISTING MAUSOLEUM AT THE CEMETERY, AND
DECLARING THE PRESENCE OF AN EMERGENCY.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 3 of Article VIr of the Santa Monica
Municipal Code (Sections 7300, ~. seq.) is hereby amended to read
as follows:
Section 7302(a). "Cemetery Fund" is the fund in the
City accounting system set apart for the deposit of all monies
received from the sale of all items and services, except for the
specific item of Perpetual Care.
Section 7302(b). IlCemetery Capital Account" is that
account in the Cemetery Fund set apart for the deposit of funds for
equipment and construction at the Cemetery.
Section 7303. "cemetery Perpetual Care Fund" is the
sinking fund set apart in the City accounting system for the deposit
of all monies received for perpetual care.
Section 7304. "Perpetual Carel! includes the cutting
of grass at reasonable intervals, the raking and cleaning of the
grounds, the pruning of the shrubs and trees, and the general
preservation of the plots, grounds, l~usoleum, walks, roadways,
boundaries and structures in order that they shall remain and be
reasonably cared for as Cemetery grounds forever.
It shall not include the maintenance, repair or re-
placement of any gravestones or monumental structures or memorials,
nor the planting of flowers or ornamental plants; nor the doing of
-1-
e
e
.
e
any special or unusual work in the Ce~etery or ln any mausoleum or
col~~bariQ~, caused by the elements, an act of God, cammon ene~y,
thieves, vandals, malicious mischief ~akers, explosions, unavoid-
able accidents, invasions, insurrections, riots or by the order of
any military or civil authority, whether the damage be direct or
collateral, other than as hereln provided.
Section 7306. Perpetual Care shall be sold with all
burial plots, crypts, and niches. No part of the principal of the
Cemetery Perpetual Care Flli~d shall be expended for any purpose other
than for such lawful investments as the City Councll may dlrect.
The interest derived from such investments shall be transferred to
the Cemetery Fund. Perpetual Care shall be limlted to the income
received from the invest~ent of the Perpetual Care Fund.
Section 7308. Price and Fee Schedule. The price for
all property and all services throughout the Ce~etery, including the
Vausoleum, shall be establlshed through schedules to be fixed from
time to time by resolution of the City Council.
Section 7309. Burials. Burial plots, crypts, and
niches in the Cemetery are conveyed for burial purposes, subject to
such rules ana regulations as are now or hereinafter may be in force,
or as the City may from tlme to time determine by ordinance.
Section 7309(a). Eligibility to OwTI Plots and Crypts.
No person is eligible to purchase a plot or crypt in the Cemetery
unless at the ti~e of purchase they are a resident, or the deceased
for whom said plot or crypt is being purchased was a resident at the
time of death~ or at sometime prior to purchase has been a resident
for a perio~ of five (5) y~ars of the City of Santa Monica, or unless
there is interred in the Cemetery a relative by blood or marriage of
said purchaser or deceased, or unless the deceased at the tL~e of
death was a member of the armed forces on active duty.
Section 7309(b). Eli~ibility to ONn C~emain S~ace.
Any person is eligible to purchase a niche or plot~~ the Ce~etery
for the purpose of interTIent of cre~a1ns.
-2-
e
.
e
e
Section 7309{c). Transfer of Plots? Crypts and
Niches. Owners shall not transfer or resell their plots, crypts,
or niches to any person, but may at any tl~e resell them to the
Cemetery for the orlginal purchase prlee, includlng services
purchased, less the charge for any serVlce actually rendered.
{No transfer as to right of interwent may be approved by the
Cewetery Superlntendent unless transferee is a resident, or at
s orr.etime pr:.or to purchase had been a resident for a period of
five (5 ) years of the Clty of Santa Monlca; or has interred in this
Cereetery a person related to hirr b;y elther blood or Marriage, and
1.l...Ylle s s transferor certifies that he has received no remuneration
for this privilege.)
Section 7310. Fa~~ent. Ko burial plot, crypt, or
niche shall be regarded as sold, and no deed conveying a plot,
crypt, or niche shall be delivered until the amo~~t due for plot,
crypt, niche, perpetual care, and all other charges are fully paid.
No interment cr nenorial shall be placed in or upon any property
which has not been fully paid for, except by special consent of the
Cemetery Superintendent in writing. In the event that such consent
is given, any interMent or rrerrorial placed in or upon said plot,
crypt, or niche shall be considered as te~porary. A note or con-
tract shall not be considered as Fa~~,ent. In case the purchaser
of any plot or crypt shall fall to neet any paJ~ent within thlrty
(30) days after the same is demanded, the Ce;J:etery Superintendent
may re-enter said property am hold the sa~e as of its former estate.
In such case~ the City reserves and shall have the right at its
discretion to cremate imITe~lately, or any tirr.e thereafter, any body
contained in said plot or crypt, and to deposit cremains therefrom
to a grave to be chosen by the Ce~etery Superintendent and shall
have the right to rerr.ove any memorial that may have been placed in
or upon Sala property.
Frepayment. Prepa~TIent on the basl~of the estab-
-3-
.
e
.
e
lished schedule will be required of any authorized person orderlng
work done.
It shall be the duty of the plot~ crypt or nlche
owner to notify the Ce~etery Superintendent of any change in their
address. Notice sent by Cerretery S~perintendent to a plot, crypt
or niche owner shall be considered sufficient and proper legal
notificatlon.
Section 7312. Deed to Cemetery ~lot~ Cry~t or Niche.
vllienever a cemetery plot, crypt or niche shall have been fully paid
for, it shall be the duty of the Ce~etery Superintendent to execute
a deed to the purchaser or purchasers whenever the sane is requested,
or is otherwise necessary. Said deed Shall be issued in the na~e
of the City of Santa Monica, attested by the Cemetery Superintendent,
and shall, when so executed, constitute a conveyance of such plot,
crypt or niche SUbJect to the provisions of thls Chapter and other
applicable laws.
Section 7313. Burial Vaults. All ground internents
in the Cemetery shall be in vaults. Vaults ~ay be furnished by
the o~mer of the burial plot, sub"ect to acceptance after inspec-
tion by the Cewetery Superintendent.
Section 7314. Interwents. Not more than one (1)
lnternent shall be pernltted in any grave, except when the ovmer1s
consent in writing has been filed witn the Cemetery Superintendent,
and said Superintendent may consent to the burLal in one (1) grave
of a ~other and her infant child, or of a person and the cremation
ashes of members of the family of said person, provided such crerra-
tion ashes are placed in proper containers. Provided further, that
the Cemetery Superintendent nay per~it two (2) burialS in one (1)
grave whenever he deems it is proper, provided such request has
been made to the CeMetery Superintendent and the cost of said inter-
ments paid In advance. Tne first interment must be made wlth the
bottom of the grave three (3) feet lower than the,present regula-
tion depth in said Cemetery.
~-
-
e
e
e
No interMent shall be permitted l~less the deceased
~fas a resident of the City of Santa Monica at the time of death, or
at sometL~e prior to his or her death had been a resident for a
period o~ five (5) years of the City of Santa Monica, or unless
there is interred in this Cemetery a relative by blood or marriage
of the deceased, or unless the deceased at the tlme of death was a
~ember of the armed forces on actlve duty.
Tne armel'S of plots ~ay not allow interments in thelr
said plots of bodies of persons other than members of their family,
except when said owners file with the Cemetery Superintendent written
declarations that no remuneration whatever has been or will be re-
ceived for the privilege of such interMent. The Cerretery Superin-
tendent nay refuse inter~ent of any non-member of the family when-
ever he shall deen lt proper.
Section 73l5(a). Location of Int~rwent Space.
Graves in plots owned by prlvate persons, In which intel'nents are
conterrplated, must be designated by members of the family or by
their representatlve. vfuen instructions regarding the locatlon of
an interment space in a plot cannot be obtalned, or are indefinite,
or when, for any reason~ the in~erment space cannot be opened where
specified, the Cemetery Superintendent may, in his discretion, open
it ln such location in the plot as he shall deem best and proper.
The Cemetery shall not be liable for da~ages for any error.
Section 7315(b) O!der~_Given By Tele~hone. The City
shall not be responslble for any order received by telephone, nor
for any mistake occurring due to the lack of precise and proper
instructlons. as to the particular space, size and location in a plot
where interment is desired, nor date and time of funeral when
arranged by telephone.
Section 7315(c). Errors May Be Corrected. ~~e City
reserves~ and shall have the right to correct any errors that may
be nade by It e~ther in making lnterwents, disinterments or removals,
-5-
-
e
.
-
or in the descript~on, transfer or conveyance of any interment
property, either by canceling such conveyance and substituting and
conveying in lieu thereof other interment property of equal value
and of si~llar location, selected by the Ce~etery Super~ntendent,
or~ in the sole discretion of the Cemetery Superintendent, by
refQ~ding the amount of money paid on account of said purchase. In
the event such error shall involve the 1nterment of the remains of
any person In such property, the Clty reserves, and shall have the
r1ght to re~ove or transfer such remains So interred to such other
property of equal value and of similar location as may be substi-
tuted and conveyed in lieu thereof. Tne Cemetery Superintendent
also shall have the right to correct any errors made by placing an
improper description, incorrect name or date, either in the memorial
or on the container for cremated reMains.
Section 7320. Disinterments. No dlsinterment will
be permitted without the consent of the person ownlng the plot,
cr~~t or niche in which the inter~ent is made, except:
(a) ~ order of Court.
(b) By order of the c~ty 1n accordance with the
provisions of Section 7310 of this Chapter.
(c) By permit lssued by Health Offlcers of the
City of Sa~ta Monica in compliance with the State law and Rules
of the state Board of Health.
Should any remains be disinterred and removed to
another location, or removed from the Cemetery, such disinterwent
shall be made only by the City.
The City shall not be liable for any dawage incurred
to any casket, vault or urn in performing disinterments.
Section 7320(a}. Disin,terment for Exchange of Graves,
Crypts,.. or Niches. A plot, crypt or niche owner desiring to exchange
a plot, cr~~t or niche for one or ~ore ~n a higher pFiced section,
or block, or for a larger plot, crypt or niche 1nthe SaTe section
may ?o so, subject to the approval of the Cemetery Superintendent,
by purchasing at the price then established, ,for the land, space,
-6-
e
e
e
-
perpetual care, labor, ~aterials or supplies. Such owner shall be
credited only for the original amount paid for the plot, crypt or
niche vacated.
Section 7320(b). Removal for Profit Prohiblted.
Rerroval, by the heirs, of a body, or crerrated remains, so that the
plot, crypt or niche nay be sold for profit to themselves, or
rewoval contrary to the expressed or implied wishes of the original
owner is forbidden.
Section 7321. Interment. Rights , All burial spaces
conveyed shall be presumed to be the sole and separate property of
the person or persons n~~ed as grantee in the L~strument of con-
veyance provided, however, that the husband or wife of any named
grantee shall have a vested right of interment of his or her body
in any burial space conveyed to his or her spouse, which right
shall continue as long as he or she shall remain the husband or
wife of the owner or shall be his or her wife or husband at the time
of such owner's demise. No conveyance, or other action, shall divest
such h~sband or wife of such vested right of interment provided,
however, that a final decree of divorce between thew shall terminate
such vested right of in~erment unless it shall be otherwise provided
by such decree of divorce.
In all conveyances to two (2) or nore perso~s as jOlnt
tenants~ each 20int tenant shall have a vested right of interrrent
of his or her re~ains in the space so conveyed. Upon the death of
a Joint tenant~ the tltle to the burial space theretofore held in
joint tenancy im~ediately vests in the surv~ver or survivers~ sub-
Ject to the vested right of' interment for the remains of the
deceased Joint tenant owner.
A vested riGht of internent as in this rule provided
may be walved and shall be terminated upon the inter~ent elsewhere
of tr..e rerrains of a person. entitled tllereto.
Section 7321 (a) .
Descent of Right
of' Interment,
, .
-7-
.
.
e
e
If no interrrent has been made In a plot, crypt or nlche which has
been transferred by deed or certificate of ownership to an indivi-
dual owner by the City, or if all the bodies or cremains have been
lawfully removed therefro~, in the absence of the specific disposi-
tion therefor by the owner's last will and testament, the whole of
said space, except one grave~ niche or crypt which must be reserved
to the last surviving wife or husband of the owner shall, upon the
death of said o~TIer, descend in regular line of succession to the
heirs at law of the owner.
Section 7322. Applicatlon for Interment. The City
reserves the right to refuse cremation or inter~ent in any burial
space~ and to refuse to open any burlal space for any purpose
except on written application by the o~mer of record made out on a
olank provided by the Cemetery Superintendent and duly filed in
the office of the Cemetery.
Notice. The right is reserved by the Cemetery to
insist upon at least twenty-four (24) hours' notice prior to any
cre~ation or interment~ and to at least one weeA1s notice prior to
any disinterment or removal.
Section 7323. Repurchasin6 Fropert~ Previously Sold.
The City, at its option, may repurchase any plot, crypt, or niche
by paying an a~ount not to exceed the original purchase price paid
to the Cerretery for the plot, cr~~t~ or niche, no allowance being
made for any labor, ~aterials, supplles, or interest. Tne City ~ay
exercise its option of repurchase where violation of contract or
original terms of purchase occ~r, by crediting the original cost
and care to the balance on an unpaid account~ whether the balance
be in the amount of the original purchase, or a lesser amount.
Section 7323(a). Contagious Dlseases. Advance notice
~ust be given to the Ceffietery Superintendent of the intention to
L~ter remains of any person who died of smallpox~ or other virulent
contagious disease, so that a proper tirre ~ay be ~PPoL~ted and
-8-
e
e
e
e
suitable arrangements ~ade for the safety of e~ployees and the
publlC.
Section 7323(b). Saturday: Sunday and Ho~iday
Funerals. No remains will be received at the Cemetery on Saturdays,
Sundays, National Holidays, days accorded the general recognition
of national holidays, or days set aside by decree of the City
Councilor the Clty Manager as holidays, except L~ the case of
virulent contagious dIsease, and then only under specific order of
the Director of Public Works or authorized representatives.
Section 7323(c). Casket Not To Be Disturbed. Once
a casket containing a body is within the confines of the Cemetery,
no flli~eral dlrector, or his embal~er, assistant, employee or agent
shall be pernitted to open such casket or to touch the body without
the consent of the legal representative of the deceased.
Section 7323(d). Authorization of One ~~er Sufficient.
The City reserves the right to make an interment of any Mewber of
the inmediate family of anyone of the several owners, upon hlS or
her written authorization. No other person ~ay be interred in any
plot, crypt, or niche witho~t the written consent of all surviving
Oi~ers of the plot~ crypt, or niche who are recorded as such on the
books of the Cenetery.
Section 7324. Regulations of I~~roveMent. The manner
of improvement and embellishment of bur~al plots~ crypt and niches
shall be subject to the approval and regulation of the Cerretery
Superintendent who shall make such regulation as shall tend to the
~reatest degree of permanence and protection, and give to the grounds
and bUlldings an appearance of harmony and design as far as is pos-
sible under existing conditions and consistent with the purpose to
which they are intende? and dedicateq.
Section 7324(a). Grave, cry~t and Niche Ident~fication.
All grave, crypt, and nicne markers and foundations for monuments
shall be set by Cemetery personnel and must be of. such dimensions
-9-
fI
.
.
-
as may be required by the Cemete!'y Superlntendent.
Section 7325. Vaults. Vaults wholly or L~ part
above the ground will not be allowed without special permission
from the Cemetery Superintendent, and application for same must be
accompanled with plans and specifications for approval.
Section 7325A.
Monument Headstone and ~Brkers.
The City reserves the right to prohibit the erection of any vault,
monument, headstone or marker that ~ay be consldered by the ce~etery
Superintendent inappropriate, either in materlal, design, workman-
ship, or location as to its position on the grave, burial plot,
lot, block or section, crypt or niche and the City also reserves
the right to proh~bit the erection of any vaults, monuments or head-
stone in any section or block that ~ay be designated or reserved
for the use of flat warkers only wnlch do not proJect above the
grou.l1.d level.
Section 7325B.
Copings) Trellis) Arch~ Wooden
!1arkers. No coping, curbing, or enclosure of any klnd aro~~d lots
or graves; no wooden or wire trellis or arch, and no wooden ~arkers
or headboards shall be per~itted to be erected in any part of the
cemetery, and should those heretofore established beco~e unsightly
or in disrepair, then the Cemetery Superintendent shall have the
same removed.
Section 7325C. Trees and Shrubs. Trees and shrubs
shall be planted only by perrr.isslon of the Ce~etery Superintendent
and when the proposed location and selection of such trees and
shrubs is appropriate. If any tree or shrub standing on any plot
shall become detrL~ental to' adjacent lots, or interfere with the
general design, the Cemetery Superintendent shall have the right
to remove such tree or shrub, or any part thereof, as in his
judgment ~ay seem best.
Section 7328. '..Ihen cemetery N.ot Res:p'onsible. The
Clty shall take reasonable precaution to protect plots, crypts and
-10-
of Bectlon 615
d pursuant to the prov~slons
emergency measure adopte
, C ty Charter.
of the Santa Mon~ca i
SECTION 5.
l'S hereby declared to be
This ordlnance
.
e
e
-
as may be required by the Cemetery Superintendent.
Section 7325. Vaults. Vaults wholly or L~ part
above the ground will not be allowed without special permission
from the Cemetery Superintendent~ and application for same must be
acco~panied with plans and specifications for approval.
Section 7325A. Monument Headstone and Markers.
The City reserves the right to prohibit the erection of any vault~
monument, headstone or marker that may be considered by the Cemetery
Superintendent inappropriate, either in ~aterial~ design~ wor~an-
ship, or location as to lts position on the grave~ burial plot~
lot, block or section~ crypt or niche and the City also reserves
the right to prohibit the erection 01 any vaults, mon~ents or head-
stone in any section or block that ~ay be designated or reserved
for the use of flat markers only which do not proJect above the
ground level.
Section 7325B. Copings) Trellis) Arch, Wooden
Markers. No coping, curbL~g, or enclosure of any kind around lots
or graves; no wooden or wire trellis or arch~ and no wooden markers
or headboards shall be per~itted to be erected in any part of the
Cemetery, and sho~ld those heretofore established become unsightly
or in disrepair, then the Cemetery Superintendent shall have the
same reIPoved.
Section 7325C. Trees and Shrubs. Trees and shrubs
Shall be pl~~ted only by per~iss~on of the cemetery Superintendent
and when the proposed location and selection of such trees and
shrubs is appropriate. If any tree or shrub standing on any plot
shall become detrlinental to'adjacent lots, or interfere with the
general design, the Cemetery SuperL~tendent shall have the right
to remove such tree or shrub, or any part thereof, as in his
judgment ITay seem best.
Section 7328. When cemeter~ Not Responsible. Tne
City shall take reasonable precaution to protect VIots, crypts and
-10-
.
e
.
.
niches, and the property rights of plot, crypt and niche owners,
within the Cemetery from loss or damagei but it disclalms all
responslbility for loss or damage from causes beyond its reasonable
control, and especially from damage caused by the elements, an act
of God, common enemy, thieves, vandals, strikers, malicious mis-
chief makers, exploslons, unavoidable accldents, invasions,
insurrection, riots, or order of any military or civil authority
whether the damage be direct or collateral, other than as herein
provlded.
SECTION 2. Any provisions of the Santa Monica Munlcipal
Code, or appendices thereto inconsistent herewith. to the extent
of such inconsistencies and no further, are hereby repealed or
modified to that extent necessary to effect the provisions of thlS
ordinance.
SECTION 3. If any sectlon, subsect~on, sentence, clause
or phrase of thlS ordinance is for any reason held to be invalid
or unconst1tutional by a decislon of a court of competent Juris-
diction, such decision shall not affect the validity of the remainlng
portlons of the ordinance. The City Council hereby declares that lt
would have passed this ordinance and each and every section, sub-
:ectlon, sentence, clause or phrase not declared invalid or uncon-
titutional without regard to whether any port10n of the ordinace
)uId be subsequently declared lnvalld or unconstitutional.
SECTION 4. This ordinance is declared to be an
rgency measure adopted pursuant to the provlsions of Section 615
~he Santa Monica City Charter.
SECTION 5. This ordinance 1S hereby declared to be
:sary as an ~lergency measure and lts adoption is urgent for
rVlng the pl1hlic peace, health and safety in that it 18 necessary
lVlde contlnuous serVlce at the mausoleum prior to, during
-11-
e
e
e
-
and following the acquis~t1on of Woodlawn Mausoleum by the City
of Santa Mon~ca, wh1ch acqu1sition 1S presently pending.
SECTION 6. This ordinance shall take effect and be
in full force immediately upon its passage and adoption pursuant
to the provis1ons of Section 619 of the C1ty Charter.
SECTION 7. The C1ty Clerk will cert1fy to the passage
and adopt1on of th1s ordinance and shall cause the same to be pub-
11shed once in the Santa Monica Evening Outlook, a newspaper of
general c~rculation, pub11shed and circulated in the City of Santa
Mon1ca.
ADOPTED and APPROVED th1s 11th day of November
, 1975.
-?pd;J ~
Mayor
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 55.
CITY OF SANTA MONICA
I do hereby certify that the foregoing ord1nance was
duly and regularly introduced and adopted at a meeting of the
City Council of the City of Santa Mon1ca on the 11th day of
November , 1975, pursuant to ~6l5 of the Charter of the City
of Santa Mon1ca, by the following vote of the Council:
AYES:
CounC11member: Cohen, Judson, McCloskey, Reed,
Swink, van den Steenhoven,
Trives
NOES:
Councilmember: None
ABSENT.
Councilmember: None
APPROVED AS TO FORM:
C1ty Attorney
-12-