Document Pahrump_doc_dae0b7099b

97-0 1 BILL NO. PAHRUMP TOWN ORDINANCE NO.39 AN ORDINANCE TO ESTABLISH A UNIFORM POLICY REGARDiNG MANAGEMENT AND MAINTENANCE OF THE TOWN CEMETERY; A SHORT TiTLE; DEFINITION; PLOTS; LiNERS REQUIRED; BURIAL PERMITS REQUIRED; GRAVE DIGGING AND SETTiNG OF HEADSTONES; DUTIES OF THE SEXTON; iNDIGENT BURIALS; MISCELLANEOUS REGULATIONS; FEES; GENERAL VIOLATION; PENALTIES THEREFOR, AND PROVIDING FOR SEVERABILiTY AND OTHER MATTERS PROPERLY RELATING THERETO. WF-IEREAS, the Town Board of the Town of Pahrurnp has become responsible for the care and maintenance of the cemetery located within the unincorporated Town of Pahrump, and \VHEREAS, THE Town Board is desirous of establishing a uniform policy with regard to the use and maintenance of said cemetery, NOW, THEREFORE, THE TOWN BOARD OF THE UNINCORPORATED TOWN OF PAHRUMP, NYP COUNTY, NEVADA, DOES ORDAIN FOLLOWS: ---PAGE BREAK--- state the name, age, sex, cause of death and the name of the place where the human remains will be interred or buried. Such name or location shall be specific as to describing the place for interment or burial. Should there be locations closely associated or commonly named, a more precise description shall be used. GRAVE DIGGING AND SETTING OF HEADSTONES. A. Except as hereafter provided, the Town of Pahrump shall open and close all graves in the cemetery. 1. A minimum of one working day or twenty four (24) hours notice must be given for all burials. 2. Burials will not be done on holidays or weekends without forty eight (48) hours notice, and then only if the personnel are available. An extra fee of $75.00 as provided herein, shall be charged for holiday and weekend burials, to cover the increased personnel costs. 3. Except as provided in Subsection 2 above, all burials will take place during normal working hours. 4. Funeral services may be conducted in designated areas and buildings only, unless special permission is obtained for grave side services. 5. The practice of stacking one occupant on top of another will be permitted. In the case of burial of others than the spouse, the person desiring to be stacked must have the written permission of next of kin of the first person interred prior to the second burial. B. The Town of Pahmmp shall set all headstones and markers in the cemetery. 1. Except as otherwise provided in Subsections B(3) and herein above upright headstones will not be permitted, and all headstones must be flush with the ground. 2. Markers and headstones will be permitted in the grassy areas only if flush to the ground, with a concrete foundation of four inches plus four inches of concrete on all sides of the stone. 3. Pursuant to Nye County Board of Commissioners Resolution H —28. a portion of the Pahrump Cemetery has been designated as being a pail otthe aboriginal lands of the Pahrump Paiute Tribe and will be perpetually 4 ---PAGE BREAK--- maintained in the “natural” manner of the Southern Paiutes. Headstones and markers of any type may. be used in this area, so long as the grave site is maintained in a natural desert condition. 4. Certain areas of the cemetery have been designated as permitting upright headstones. 5. All headstones will be imbedded or epoxied to the concrete foundation. 6. All veteran’s plaques will be set in concrete with the cost the same as anyone else. 7. All temporary markers must be replaced with a permanent marker or headstone within one year from the date of the burial or within thirty (30) days from the time the headstone is ready for placement. 39.400 DUTIES OF THE SEXTON. A. Plots in the cemetery will be reserved and assigned only by the designated sexton. 1. A person reserving a plot or plots in the cemetery shall be responsible for keeping the Sexton apprized of his or her current address. The reservee shall notify the Sexton every five years to reconfirm intentions. In the event that the Sexton determines that a previously reserved plot will not be used, or that the person reserving the plot is untraceable, the Sexton may petition the Pahrump Town Board for permission to allow the plot to be used or reserved by another person, B. The Sexton will keep a record of all plots assigned and reserved. These records will be open to the public. C. The Sexton will keep all records relating to the cemetery in accordance with NRS 440.590. 39.500 INDIGENT BURIALS. A. Indigent burials shall be coordinated between the Nye County Department of Health and Human Services and the mortuaries. B. The Town of Pahrump shall be notified of all indigent burials by notifying lle Town Office of’ the Town of Pahnmip as soon as reasonably 5 ---PAGE BREAK--- 39.600 MISCELLANEOUS REGULATIONS. A. No coping, borders or other decorative installations shall be allowed in the cemetery without the written approval of the Sexton. B. Old andJor faded flowers will be disposed of by the grounds keeper when he or she deems it appropriate. C. No trees, shrubs, coping, decorations, fences or stones may be placed on the graves in the cemetery. The Town of Pabrump will approve and designate where any such installations may be set on the cemetery grounds. D. The cemetery which is the subject of this Ordinance is reserved for the use and benefit of the citizens and residents of the unincorporated Town of Pahrump, or his/her spouse with reservations. 39.700 FEES. MI fees shall include liner, plot, opening and closing. A. The fee for’ opening and closing a standard grave shall be nine hundred dollars ($900.00) which shall include the cost of the concrete liner. B. The fee for infant or junior graves shall be six hundred fifty dollars ($650.00) in the children’s section. C. The fee for opening and closing a cremation plot shall be one hundred fifty dollars ($150.00). D. There shall be a fee of fifty dollars ($50.00) for the opening/closing for a second person stacked in the same grave. E. An additional fee of seventy five dollars ($75.00) shall be charged for burials on weekends or holidays. F. The fee for reserving a plot for the spouse of an interred person shall be two hundred and fifty dollars ($250.00) per standard plot. The reservation fee of $250.00 shall be credited against the occupancy fee at the time of burial. G. The fee for setting headstones, plaques or other markers shall be one hundred dollars ($100.00). H. All fees shall be paid to the Town of Pahrunip. Reservation fees must be paid in full within sixty (60) days of the date of reservation. All other fees must be paid at the time notice is made of an impending burial, hut in no 6 ---PAGE BREAK--- event later than the opening of the grave. 39.800 GENERAL VIOLATION. Any person who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor. 39.810 PENALTIES. Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as the Nevada Revised Statutes allow for a misdemeanor crime. Whenever in this Ordinance any act is prohibited, or is made or declared to be unlawful, or an offense or a misdemeanor, or whenever in such Ordinance the doing of any act is required, or the failure to do any act is made or declared to be unlawful, or an offense or misdemeanor, the doing of any such prohibited act, or the failure to do any such required act, shall constitute a violation of this ordinance. In addition to being subject to fines and any other penalties which may be assessed by a court of competent jurisdiction, any person who is found guilty of having violated any of the provisions of this Ordinance shall be liable for the costs of any subsequent removal and relocation which is necessitated by that person’s failure to comply with the requirements of this Ordinance. Every day of violation of this Ordinance constitutes a separate offense. 39.820 SEVERABILITY. Every Section of this ordinance, and every part of each section hereof is hereby declared to be independent of each other and parts of sections, and the holding of any section or any part thereof to be voided or ineffective for any cause, shall not be deemed to affect, nor shall it affect, any other section or part of section contained in this ordinance. 39.830 REPEAL. All ordinances, parts of ordinances, or chapters, sections, subsections or paragraphs or resolutions previously adopted by the Pahrump Town Board which are in conflict herewith are hereby repealed. 39.840 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, adoption and second publication in a newspaper printed and published within the Town of Pahrump, County of Nye, State of Nevada. 7 ---PAGE BREAK--- PTO NO 39 PAHRUMP CEMETERY ORDINANCE Proposed on the 10th day of June , 19. ProposedbyBoardMember Steve Rainbolt 28th October 1 Passed on the day of , 192L. VOTE: AYES / G& • ABSENT: • • ATTEST: 4 4) / • Town Clerk Publishea in the Pahrump Valley Times, October 22, 1997, and Tb Valley Observer, October 25, 19978. ---PAGE BREAK--- ORDINANCE NO.39 AN AMENDMENT TO ORDINANCE NO.39 OF THE UNINCORPORATED TOWN OF PAHRUMP TO REVISE AND RESTATE THE MANAGEMENT AND MAINTENANCE OF THE TOWN’S CEMETERY, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO WHEREAS, the current regulations regarding the management and maintenance of the Town Cemetery must be updated to reflect, among other things, additional definitions, enhancement of cemetery services, maintenance of cemetery grounds, establishment of burial provisions for veterans, and maintenance of records; and WHEREAS, to carry this out, it is appropriate to replace, update, or add provisions to this ordinance. NOW, THEREFORE, the Town of Pahrump, Nevada does ordain: 39.000 Declaration of Town Policy. It is declared to be the policy of this Town to establish uniform regulations regarding the management and maintenance of the Town Cemetery in a manner consistent with the Nevada Revised Statutes as well as all other applicable law. 39.100 Short Title. The title by which this ordinance shall be known is the “Pahrump Cemetery Ordinance.” 39.105 Authority to Operate. The Pahrump Cemetery shall operate under the authority of the Town Board of the Town of Pabrump by and through its designated sexton or manager pursuant to this ordinance. 39.110 Definitions. Definitions within this ordinance shall be understood as follows: “Cemetery” means any enclosure or plot of land that is or may be used for the burial of the dead and includes an individual plot. “Cemetery Purpose” means a purpose necessary or incidental to establishing, maintaining, managing, operating, improving, or conducting a cemetery, interring remains, or caring for, preserving, and embellishing cemetery purposes. “Columbarium” means a durable, fireproof structure, or a room or other space in a durable fireproof structure, containing niches and used or intended to be used to contain cremated remains. means a chamber in a mausoleum of sufficient size to inter human remains. ---PAGE BREAK--- “Grave” means a space of ground that is in a burial park and that is used or intended to be used for interment in the ground. “Human Remains” or “Remains” means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body. “Interment” means the permanent disposition of remains by entombment, burial, or placement in a niche. “Lawn means a subsurface receptacle installed in multiple units for ground burial of human remains. “Mausoleum” means a durable, fireproof structure used or intended to be used for entombment. “Niche” means a space in a columbarium used or intended to be used for the placement of cremated remains in an urn or other container. “Plot” means space in a cemetery owned by an individual or organization that is used or intended to be used for internment, including grave or adjoining graves, a or adjoining a lawn or adjoining lawn or a niche or adjoining niches. “Sexton” means the individual assigned by the Town of Pahrump to manage cemetery property and shall not connote any religious affiliation whatsoever. “Urn” means a vessel in which cremated remains can be placed and which can be closed to prevent leaking or spilling of the remains or the entrance of a foreign material. “Veteran” means a member or former member of the United States Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard) or the Reserve Components and Reserve Officers’ Training Corps, a commissioned officer of the National Oceanic Atmospheric Administration or the Public Health Service, or a World War II Merchant Mariner, subject to certain eligibility requirements. 39.200 Plots. Standard plot sizes shall be utilized in the cemetery as follows: A. Standard Plot: Ten feet by five feet (10’ x Will fit one standard or one double vault. Ability to place two cremated remains on top of standard or double burial. B. Infant Plot: Five feet by five feet x 2 ---PAGE BREAK--- C. Cremation Plot: Two feet by four feet x Each cremation plot will hold four cremated remains. D. Columbarium Eleven and one-fourth inches cubed (11 A columbarium will hold two cremated remains. 39.210 Liners Required for Standard and Infant Plots. A concrete liner shall be required for each burial in a standard or infant plot. The charge of the liner shall be included in the fee for opening and closing of the plot. However, there is no liner required for cremation burials. 39.2 15 Authority to Order Burial. The cemetery must recognize the proper authority to order a burial as follows: A. The following persons, in the following order of priority, may order the burial of human remains of a deceased person: 1. a person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with NRS 451.024(5); 2. the spouse of the decedent; 3. an adult son or daughter of the decedent; 4. either parent of the decedent; 5. an adult brother or sister of the decedent; 6. a grandparent of the decedent; 7. a guardian of the person of the decedent at the time of death; and 8. a person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death. B. If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of Nye County or the State of Nevada, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains. C. If the deceased person donated his or her body for scientific research or, before his death, a medical facility was made responsible for his or her final disposition, a representative of the scientific institution or medical facility may order the burial of his or her remains. D. A living person may order the burial of human remains removed from his or her body or the burial of his or her body after death. E. A person 18 years of age or older wishing to authorize another person to order the burial of his or her remains in the event of death may execute an affidavit in accordance with NRS 451.024(5). 3 ---PAGE BREAK--- 39.220 Burial Permits Required. Prior to burial, a permit must be obtained as follows: A. When a death occurs within the boundaries of Nye County, the undertaker, or the person acting as the undertaker, shall be responsible for obtaining and filing the certificate of death with the County Health Officer, or his designee, in the registration district in which the death occurred and for securing a burial or removal permit prior to any disposition of the body. B. When a certificate of death is properly executed and completed, the County Health Officer, or his designee, shall then issue a burial or removal permit to the undertaker. Such a permit shall indicate the name of the cemetery, mausoleum, columbarium, or other place of burial where the human remains will be interred or buried. C. No Sexton, Town employee, or other person in charge of the cemetery shall inter or permit the interment or other disposition of any body therein, unless it is accomplished by a burial, removal, or transit permit. The permit shall state the name, age, sex, social security number, cause of death, and the name of the place where the human remains will be interred or buried. Such name or location shall be specific as to describing the place for interment of burial. Should there be locations closely associated or commonly named, a more precise description shall be used. D. A burial permit shall not be required from the County Health Officer when a body is removed from another district of Nevada for burial in the cemetery. B. The funeral director or family must provide any and all paperwork required for burial by the Town of Pahrump. 39.230 Disinterment Permits Required. Prior to disinterment or removal of human remains, these procedures must be followed: A. The local health officer must issue a permit for the disinterment or removal of human remains, indicating the name of the cemetery, mausoleum, columbarium or other place of burial where the remains will be interred or buried. B. The Sexton or Town shall not disinter or remove or permit disinterment or removal of human remains without a copy of such a permit. C. A violation of this section is a misdemeanor under NRS 451.045(3) or NRS 45 1.050(1). D. A written indemnification and hold harmless form is required from the mortuary on an annual basis. 4 ---PAGE BREAK--- 39.300 Grave Digging and Setting of Headstones. Except as otherwise provided by funeral homes or mortuaries as authorized by the Town of Pahrump, it shall be the Town’s responsibility to handle grave digging and headstones as follows: A. The Town shall open and close all graves in the cemetery. 1. A minimum of two working days or forty-eight (48) hours notice must be provided for all burials, except that Town may waive the notice requirement and provide expedited burials for an additional fee if the required personnel are available. 2. Burials shall not be performed on holidays or weekends without seventy-two (72) hours notice, except that Town may waive the notice requirement and provide expedited burials for an additional fee if the required personnel are available. 3. Except as provided above, all burials will take place during normal working daylight hours (Summertime) (8:00 a.m. — 4:00 p.m.) and Wintertime (8:00 a.m. to 2:00 4. Funeral services may be conducted in designated areas and buildings only, unless written permission is obtained for grave site services. 5. The practice of stacking one occupant on top of another will be permitted. in case of burial of others than the spouse, the person desiring to be stacked must have the written permission from the next of kin of the first person interred prior to the second burial or have prearranged burial instruction prior to first interment. 6. Special circumstances will be considered, but not mandatory, for weekend or holiday burials. B. The Town shall set all headstones and markers in the cemetery. 1. Except as otherwise provided below, upright headstones will not be permitted. In the veterans’ section, all headstones shall be flush with the ground. 2. Markers and headstones will be permitted in the grassy areas only if flush to the ground with a concrete foundation of four inches plus four inches of concrete on all sides of the stone as set by the Town of Pahrump. 3. Pursuant to Nye County Resolution 94-28, a portion of the cemetery has been designated as being part of the aboriginal lands of the Pabrump Paiute Tribe and will be perpetually maintained in the “natural” manner of the Southern Paiutes. Headstones and markers of any type may be used in this area, so long as the grave site is maintained in a natural desert condition. 4. Certain areas of the cemetery (generally older, non-grassy sections) have been designated as permitting upright headstones. 5. All headstones will be imbedded to the concrete foundation. 5 ---PAGE BREAK--- 6. All Veteran’s plaques will be set in concrete at the same expense as others. Headstones should be provided for the veteran, at no cost, by the Department of Veteran’s Affairs (brass flat plate style inlaid in concrete with flower holder on each side). Only plaques set in concrete foundation will be recognized as headstones. 7. All temporary markers must be replaced with a permanent marker or headstone within one year from the date of the burial or within thirty (30) days from the time the headstone is ready for placement. 39.340 Veterans Columbarium Services. A special columbarium dedicated to veterans shall have the following interment requirements: A. Each niche shall have an interior dimension of 11 ¼ inches cubed (28.5 cm) with a 10 ¼ inches squared (26.0 cm) opening. B. The urn shall have the following specifications, which allow for both single and double interment: Urn Type Dimension Measurement All Height 10 ¼ inches (26.0 cm) maximum Round Girth 6 inches (16.5 cm) diameter maximum Rectangular Depth 11 inches (28.0 cm) maximum Rectangular Width 5 3/8 inches (13.6 cm) maximum C. Marker plaques given by the Department of Veteran’s Affairs for those veterans that choose the columbarium will be placed upon the wall located to the northwest of the memorial. D. Only those religious symbols authorized by the Department of Veteran’s Affairs may be placed on the granite face plate covering the columbarium niche. E. Purchases of columbarium niches are on a first come basis. 39.350 Construction of Mausoleums, Vaults, and Any new construction of mausoleums, vaults, or shall comply with NRS Chapter 452 and NAC Chapter 452 and must be approved by the Sexton. 39.400 Duties of the Sexton. The Sexton shall manage the cemetery property as follows: A. Plots in the cemetery will be reserved and assigned only by the Sexton. 1. A person reserving a plot or plots in the cemetery shall be responsible for notifying the Sexton of current contact information. 2. The Sexton shall be notified every five years to reconfirm intentions of plot reservations. 3. In the event that the Sexton determines that a previously reserved plot is untraceable, the Sexton may petition the Town Board for 6 ---PAGE BREAK--- permission to allow the plot to be used or reserved by another person. B. The Sexton will keep a record of all plots assigned and reserved. These records will be open to the public. C. The Sexton will keep all records relating to the cemetery in accordance with NRS 440.590: name of deceased person, place of death, date of burial, and the name and address of the funeral director. These records will be open to the public. 39.500 Indigent Burials. The burial of indigent remains shall be handled as follows: A. Indigent burials shall be coordinated between the Nye County Health and Human Services and the Town of Pahrump. B. The Town shall be notified of all indigent burials through Town Staff and the Sexton. 39.600 Eligibility for Burial as a Veteran. The following criteria shall establish eligibility for burial of a veteran: A. United States Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard) 1. Any member of the Armed Forces who dies while on active duty. 2. Any veteran of the Armed Forces who was discharged under conditions other than dishonorable and entitled to veteran’s benefits by the Veteran’s Administration. With certain exceptions, service beginning after September 7, 1980, as an enlisted person, and service after October 16, 1981, as an officer, must be for a minimum of 24 months of the full period for which the person was called to active duty. (Examples include those persons serving less than 24 months in the Gulf War or reservists what were federalized by Presidential Act.) B. Members of Reserve Components and Reserve Officers’ Training Corps 1. Reservists and National Guard members who, at the time of death, were entitled to retire pay under 10 U.S.C. 1223, or would have been entitled, but for being under the age of 60 years. Specific categories of individuals eligible for retired pay are set forth in 10 U.S.C. 12731. 2. Members of reserve components who die while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while 7 ---PAGE BREAK--- performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment. 3. Members of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who die under honorable conditions while attending an authorized training camp or an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities. 4. Members of reserve components who, during a period of active duty for training, were disabled or died from a disease or injury incurred or aggravated in the line of duty, or during a period of inactive duty training, were disabled or died from an injury incurred or aggravated in the line of duty. C. Commissioned Officers of the National Oceanic and Atmospheric Administration A commissioned officer of the National Oceanic and Atmospheric Administration (fka the Coast and Geodetic Survey and the Environmental Science Services Administration) with full-time duty on or after July 29, 1945. 2. A commissioned officer who served before July 29, 1945, and was assigned to an area of immediate military hazard while in a time of war, or of a Presidentially declared national emergency as determined by the Secretary of Defense; (ii) served in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter; or (iii) transferred to the Army or the Navy under the provisions of the Act of May 22, 1917 (40 Stat. 87; 33 U.S.C. 85). D. Public Health Service A commissioned officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 19, 1945. If the service of the particular Public Health Service Officer falls within the meaning of activity duty for training, as defined in 38 U.S.C. 101, the person must have been disabled or died from a disease or injury incurred or aggravated in the line of duty. 2. A commissioned officer of the Regular or Reserve Corps of the Public Health Service who performed full-time duty prior to July 29, 1945: in time of war; (ii) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or (iii) while the service was part of the military forces of the United States pursuant to Executive Order of the President. 8 ---PAGE BREAK--- 3. A commissioned officer serving on inactive duty training as defined in 38 U.S.C. 101(23), whose death resulted from an injury incurred or aggravated in the line of duty. E. World War II Merchant Mariners United States Merchant Mariners with oceangoing service during the period of armed conflict, December 7, 1941, to December 31, 1946. Prior to the enactment of Public Law 105-368, United States Merchant Mariners with oceangoing service during the period of armed conflict of December 7, 1941 to August 15, 1945, were eligible. With enactment of Public Law 105-368, the service period is extended to December 31, 1946, for those dying on or after November 11, 1998. A DD-214 documenting this service may be obtained by submitting an apilication to Commandant (G MVP-6), United States Coast Guard, 2100 2 Street SW, Washington, DC 20593. Notwithstanding , the mariner’s death must have occurred after the enactment of Public Law 105-368 and the interment not violate the applicable restrictions while meeting the requirements held therein. F. Persons NOT Eligible for Burial 1. Disqualifying Characters of Discharge: A person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to veteran’s benefits. 2. Discharge from Draft: A person who was ordered to report to an induction station, but was not actually inducted into military service. 3. Conviction or Commission of Federal Capital Crime: a. Any person who was convicted of a federal capital crime for which a sentence of imprisonment for life or the death penalty may be imposed and whose conviction is final (other than pardon or commutation by the President); or b. Any person who would have been convicted of a federal capital crime but was not because of the person’s unavailability for trial due to death or flight from prosecution. 4. Conviction or Commission of State Capital Crime: a. Any person who was convicted of the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed and whose conviction is final (other than a pardon or commutation by the Governor of a State); or b. Any person who would have been convicted of a state capital crime but was not because of the person’s 9 ---PAGE BREAK--- unavailability for trial due to death or flight to avoid prosecution. 5. Active or Inactive Duty for Training: A person whose only service is active duty for training or inactive duty training in the National Guard or Reserve Component, unless the individual meets the eligibility criteria set forth in Section B(l), B(2), B(3), or B(4) above. 6. Other Groups: Members or groups whose service has been determined by the Secretary of the Air Force under the provisions of Public Law 95-202 as not warranting entitlement to benefits administered by the Secretary of Veteran’s Affairs. 39.650 Indemnification. Prior to burial or removal of human remains, cemetery must obtain written indemnification from the funeral home, mortuary, undertaker, or other party in charge of said burial or removal that the Town, Town Board, Town Staff, and its employees and representatives shall have no liability and be held harmless from and against any and all claims, liabilities, actions, suits, proceedings, liens, levees, judgments and damages arising from any act or omission in the burial or removal of human remains. 39.700 Fees. The Town Board may by resolution adopt a schedule of fees for Town Cemetery goods and services. 39.710 Maintenance of Records. The Sexton or Town, as the case may be, shall maintain cemetery records as follows: A. An Interment File shall be maintained in alphabetical order listing all persons buried at the cemetery, listing interment number and the information required by NRS 440.590. B. A Plot Map shall be maintained depicting all sections, plots, graves, lawn and niches, with descriptive names where applicable. C. A Cemetery Map shall be maintained depicting all sections of the cemetery to include plots, mausoleums, and columbariums, and the location of halls, rooms, corridors, elevations, and other divisions, with descriptive names where applicable, in conformance with NRS 452.360. D. A Receipt Book shall be maintained to track all fees collected for services provided by the cemetery. E. Any historical records of the cemetery shall be maintained and made available for the public. 10 ---PAGE BREAK--- 39.720 Maintenance of Cemetery Grounds. The Sexton or Town shall maintain the cemetery grounds as follows: A. The Sexton or Town shall direct generally all improvements within the grounds and upon all plots and graves, before as well as after interments have been made therein. The Sexton or Town shall have charge of the planting, sodding, surveying, and improvements generally. B. No one other than the Sexton, Town, or designated agent shall be allowed to perform any work on any plot, grave, or niche within the grounds without a permit by the Town or other regulatory agency. C. No person shall pluck or remove any flower or plant, wild or cultivated, from any part of the cemetery. D. The Sexton or Town must address all immediate and long-range landscape concerns to ensure a balanced landscape in the future. 39.740 Use of Cemetery for Gatherings. Any gatherings on cemetery grounds, other than funerals, shall be subject to the following: A. Families which are interested in the cemetery may hold ceremonies during daylight hours on the cemetery grounds in the areas dedicated for such public use with prior permission. B. Such meetings shall be under the supervision of the Sexton or other designated official, and shall conform to accepted standards for taste and decorum. C. Proper respect for the burial areas shall be maintained or the group or gathering shall be requested to leave the cemetery grounds. D. No alcoholic beverages shall be permitted upon the cemetery grounds. E. Any group using the Veteran’s Memorial shall clean up the building before leaving, which consists of removal of all food and beverages, all trash and debris placed in outside containers, and removal of all items left on the floor. F. Prior to each event at the Veteran’s Memorial, the premises shall be inspected by the Town or its representative set forth in a written report. G. Tables and chairs may be used at the Veteran’s Memorial by request to the Town at least fourteen (14) business days prior to any event. 11 ---PAGE BREAK--- 39.760 Miscellaneous Regulations. The following additional regulations must be followed: A. No coping, borders, or other decorative installations shall be allowed in the cemetery without the written approval of the Sexton or Town. B. Old andlor faded flowers will be disposed of by the Sexton or other designated official when he or she deems appropriate. C. No trees, shrubs, coping, decorations, fences, or stones may be placed on the graves in the cemetery. The Town will approve and designate where any such installations may be set on the cemetery grounds. Submission of plans or drawings must be provided to the Sexton prior to installation. D. The cemetery is reserved for the interments of the citizens and residents of the Town who have resided in the Town for a minimum of twelve (12) months and his/her spouse with reservations. E. Military honors for veterans may be provided by military units, as coordinated with the funeral director, mortuary, undertaker, or other authorized person. F. No person shall be permitted to enter or exit the cemetery grounds except through the public gate or during the designated hours. G. Any person found on the cemetery grounds before or after designated hours without proper authorization shall be subject to prosecution for trespass. H. No dogs shall be permitted on the cemetery grounds except a dog trained to assist a handicapped person. I. The Sexton or other designated official shall have the authority to enter upon any plot and to remove any objectionable item that may have been placed contrary to the regulations of the cemetery or applicable law. J. No person shall be permitted to use profane or boisterous language or in any way disturb the quiet and good order of the cemetery. K. All persons are to be reminded that the grounds are sacredly devoted to the burial of the dead and that provisions and penalties of the law, as provided by ordinance or statute, will be strictly enforced in all cases of wanton injury, disturbance and disregard of the rules. 39.800 General Violation. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor. 12 ---PAGE BREAK--- 39.810 Penalties. Any person convicted of a violation of this ordinance shall be punished as provided by the Nevada Revised Statutes for misdemeanors crimes. In addition to being subject to fines and any other penalties which may be assessed by a court of competent jurisdiction, any person who is found guilty of a violation of this ordinance shall be liable for the costs of any subsequent removal and relocation of remains necessitated by the person’s violation of this ordinance. Every day that a violation occurs, exists, or is allowed to exist or continue, constitutes a separate offense. 39.820 Severability. If any section, subsection, subdivision, paragraph, clause, or provision of this ordinance shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall not affect any of the remaining provisions of this ordinance. 39.825 Injunctive Relief. The Town, in addition to the remedies and penalties provided above, may seek injunctive relief against any violator of this ordinance, with or without prior notice, to prevent or correct any cemetery problem. 39.830 No Conflict. All ordinances, parts of ordinances, or chapters, sections, subsections, or paragraphs or resolutions previously adopted by the Town which are in conflict herewith are hereby repealed. 13 ---PAGE BREAK--- Proposed by Town Board Member Seconded by Town Board Member Adoptedonthe day of ,20/O Vote Q Ayes Nays ATTEST: Town Board Clerk Town Board Chairperson