O2301City Council Meeting: November 24, 2009 Santa Monica, California
ORDINANCE NUMBER z3o1 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 7.20 OF THE SANTA MONICA MUNICIPAL CODE, RELATING
TO THE WOODLAWN CEMETERY AND MAUSOLEUM
WHEREAS, the City of Santa Monica owns and operates the public cemetery
known as the Woodlawn Cemetery and Mausoleum of the City of Santa Monica; and
WHEREAS, the City wishes to enhance the Cemetery's economic viability and
also to protect its quietude and aesthetic values; and
WHEREAS, the Municipal Code currently has residency and other restrictions
limiting ownership of plots in the Cemetery; and
WHEREAS, the Municipal Code currently contains provisions restricting the
flexibility of Cemetery management and operations; and
WHEREAS, the City desires to eliminate or modify such restrictions in order to
enhance Cemetery operations and economic viability; and
WHEREAS, the Municipal. Code does not currently provide any authority for the
Cemetery Administrator to adopt rules and regulations; and
WHEREAS, authorizing the Cemetery Administrator to adopt rules and
regulations concerning the management, supervision, and use of the Cemetery is in the
best interest of the City and the Cemetery; and
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WHEREAS, the Municipal Code currently does not authorize the Cemetery
Administrator to sell plots, crypts, or niches on a pre-need basis using payment terms;
WHEREAS, authorizing the Cemetery Administrator to enter into interment sales
orders to sell plots, crypts, or niches using payment terms will enable to the Cemetery to
offer more competitive products and services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7.20 is hereby amended to read as follows:
7.20.010 Definitions.
"Cemetery" is the Woodlawn Cemetery and Mausoleum of the City of Santa
Monica.
"Cemetery Capital Account" is that account in the Cemetery Fund set apart for
the deposit of funds for equipment and construction at the cemetery.
"Cemetery Endowment Care" is the cost charged by the Cemetery to pay for
Cemetery services, including administrative expenses, the cutting of grass at
reasonable intervals, the raking and cleaning of grounds, the pruning of shrubs and.
trees, and the general preservation of the plots, grounds, walks, roadways, boundaries,
structures, and any other expenses necessary to ensure that the Cemetery shall be
perpetually well maintained.
"Cemetery Endowment Care Fund" is the sinking fund set apart in the City
accounting system for the deposit of all monies received for Cemetery Endowment
Care.
"Cemetery Fund" is the fund in the City accounting system set apart for the
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deposit of all monies received from the sales of all items and services, except for the
specific items of Cemetery Endowment Care and Mausoleum Endowment Care.
"Mausoleum Endowment Care" is the cost charged by the Cemetery to pay for
the Cemetery's mausoleum and related services, including administrative expenses, the
cleaning and maintenance of the Cemetery's mausoleum, its floors, walls, windows,
stained glass windows, and any other expenses necessary to ensure that the
Cemetery's mausoleum shall be perpetually well maintained.
"Mausoleum Endowment Care Fund" is the sinking fund set apart in the City
accounting system for the deposit of all monies received for Mausoleum Endowment
Care.
7.20.020 Rules and regulations.
The Cemetery Administrator is authorized to adopt rules and regulations
concerning management, supervision, and use of the Cemetery and any plot, crypt, or
niche therein, provided such rules and regulations are not inconsistent with the
provisions of this Chapter. Such rules and regulations shall be promulgated for the
purposes of ensuring that the Cemetery is operated and maintained in a manner that
promotes the Cemetery's economic viability, its quietude, and its aesthetic qualities and
that respects the sensibilities of persons using the Cemetery.
7.20.030 Interment sales orders.
The Cemetery Administrator, or his or her designee, is authorized to issue
interment sales orders, on a form approved by the City Manager and the City Attorney,
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for the sale of any plot, crypt, or niche for casketed or cremated human remains, and for
any products or services related to such interment, including, but not limited to, the sale
of Endowment Care, caskets, vaults, urns, and/or memorial services, in accordance
with the Cemetery's fee schedule.
7.20.040 Endowment Care required.
(a) Cemetery Endowment Care shall be sold with each plot, and the proceeds
of such sale shall be deposited into the Cemetery Endowment Care Fund.
(b) Mausoleum Endowment Care shall be sold with each crypt or niche, and
the proceeds of such sale shall be deposited into the Mausoleum Endowment Care
Fund.
7.20.050 Use of Endowment Care Funds.
No part of the principal of the Cemetery Endowment Care Fund or Mausoleum
Endowment Care Fund shall be utilized for any purpose other than for making such
lawful investments as the City Council may direct. The interest earned by the Cemetery
Endowment Care Fund and the Mausoleum Endowment Care Fund may be transferred
to the Cemetery Fund for payment of Cemetery expenses.
7.20.060 Price and fee schedule.
The price for all plots, crypts, and niches, for all caskets, vaults, and urns, and for
all services, shall be established through a fee schedule to be fixed from time to time by
resolution of the City Council.
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7.20.070 Prohibition on resale of plots, crypts and niches.
Except as provided herein, no person may resell any plot, crypt, or niche. Upon
agreement by the owner(s) of any vacant plot, crypt, or niche, or the legal
representative of the owner(s), the Cemetery may repurchase such plot, crypt, or niche
for an amount not to exceed the original purchase price, less Endowment Care costs,
products purchased and services rendered.
7.20.080 Full payment as condition for interment.
Until the Cemetery has received full payment for any plot, crypt, or niche and any
associated products or services, no casketed or cremated human remains shall be
interred in, and no memorial or other marker may be placed in or upon, such plot, crypt,
or niche.
7.20.090 Right to refuse interment.
The Cemetery reserves the right to refuse interment of any casketed or cremated
human remains for any lawful reason.
7.20.100 Rights reserved.
The Cemetery shall have the right, in order to ensure the Cemetery's efficient
operation and aesthetic qualities, to take any of the following actions deemed necessary
by the Cemetery Administrator:
(a) enlarge, reduce, replat or change the boundaries or grading of the
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Cemetery or any part thereof;
(b) improve, remove, modify or change the location of any road, drive or walk
in the Cemetery;
(c) lay, maintain, operate, or change pipe lines or gutters for sprinkling
systems, drainage, lakes, etc.; and
(d) use Cemetery property for any lawful purpose.
7.20.110 Rights over plots.
Except for any plot upon which a private mausoleum is located, the City reserves
to itself, and to the general public, a perpetual right of ingress and egress over each plot
in the Cemetery for the purpose of passage to and from any other plot in the Cemetery.
7.20.120 Rubbish.
All persons are prohibited from throwing, depositing, or leaving rubbish or trash
anywhere within the Cemetery except in the receptacles placed throughout the
Cemetery for such purpose.
7.20.130 Firearms prohibited.
All persons are prohibited from possessing any loaded or unloaded firearm within
the Cemetery, except as authorized by the Cemetery Administrator for a military funeral
or on Decoration Day. This prohibition shall not apply to police or other law enforcement
officers.
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7.20.140 Gathering or damaging of plants or animal life.
All persons are prohibited from doing any of the following in the Cemetery:
(a) picking, taking, or removing any flowers;
(b) damaging any trees, shrubs or plants; or
(c) feeding or disturbing any birds or other animal life.
7.20.150 Vehicles.
All persons are prohibited from driving any vehicle on the Cemetery grounds
except on the designated roadways therein, unless authorized in advance by the
Cemetery Administrator or his or her designee.
7.20.160 Soliciting.
All persons are prohibited from soliciting on the Cemetery grounds.
7.20.170 Trespassing or loitering prohibited.
All persons are prohibited from being present at the Cemetery without any lawful
purpose related to the Cemetery.
7.20.180 Penalty.
Any person violating any provision of this Chapter shall be guilty of an infraction,
which shall be punishable by a fine not exceeding two hundred fifty dollars, or a
misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars
per violation, or by imprisonment in the County Jail for a period not exceeding six
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months, or by both such fine and imprisonment.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall. cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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MAFj HA ES MOU RIE
City orn y
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Approved and adopted this 24th day of November, 2009.
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Pam O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2301 (CCS) had its introduction on November 10th, 2009, and
was adopted at the Santa Monica City Council meeting held on November 24th, 2009,
by the following vote:
Ayes:. Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Bloom, Davis, Holbrook, McKeown
Mayor Pro Tem O'Connor
None
None
Shriver
Mayor Genser
A summary of Ordinance No. 2301 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Maria Stewart, City Clerk