Cemeteries Operated by the City, #C-871

CITY OF GRANDE PRAIRIE 

OFFICE CONSOLIDATION

BY-LAW C-871

A By-Law Respecting Cemeteries Operated
and maintained by the City of Grande Prairie
(As Amended by By-law C-871B and C-871C)

THE COUNCIL OF THE CITY OF GRANDE PRAIRIE, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:

PART I - INTERPRETATION

In this By-Law, unless the context otherwise requires:

1.Committee means the Public Works Committee of the City, as established by the Procedure By-law C-962, as amended from time to time.

(By-law C-871C - March 16, 1998)

2. Caretaker means an employee of the City who has been assigned duties in a Cemetery by the Director.

3. Cemetery means cemeteries operated by and under the control of the City.

4. City means the Corporation of the City of Grande Prairie or the area contained within the boundaries thereof, as the context requires.

(By-law C-871C - March 16, 1998)

5. City Council means the Municipal Council of the City.

6. Columbarium means a structure designed for storing the ashes of dead human bodies or other human remains that have been cremated.

7. Department means the Public Properties Department.

(By-law C-871C - March 16, 1998)

8. Director means the Director of the Public Works Department of the City, and shall include, unless the context otherwise requires, any person authorized by the Director to carry out his duties.

(By-law C-871C - March 16, 1998)

9. Flat monument means one which does not project above the surface of the ground.

10. Lot means a single grave.

11. Licensee means a person that acquires burial rights for one or more lots within a cemetery owned by the City.

12. Mausoleum means a structure wholly or partly above the level of the ground and designed for the burial or storage of dead human bodies.

13. Monument means any structure in the Cemetery constructed on any grave or lot for memorial purposes.

14. Person means an individual and includes a firm, partnership, joint venture, proprietorship, corporation, association and society.

(By-law C-871C - March 16, 1998)

15. Plot means two or more lots shown on a plan of subdivision on record in the office of the Director.

16. Rubbish means boxes, paper, weeds, decayed flowers or plants, faded wreaths, broken receptacles and any other material, the presence of which results in an untidy appearance to any part of the grounds of a cemetery.

17. Working day means any day Monday through Friday, except where a Statutory Holiday or Civic Holiday falls on any one of those days.

PART II - DESCRIPTION OF LAND

1. The following land is hereby established and set apart for the sole purpose of a public cemetery to be known as - GRANDE PRAIRIE MUNICIPAL CEMETERY:

A. All that portion of Lot Seven (7) in Flying Shot Lake Settlement containing 9.57 acres more or less.

B. Parcel (A) containing Twenty (20) acres more or less, Plan 1579 M.C.

2. In addition to the above land, the City may from time to time dedicate certain other lands whether adjoining or abutting the areas described above or elsewhere for the purpose of public cemeteries and the provisions of this By-law shall be deemed to apply thereto.

PART III - CONTROL

1. (By-law C-871C - March 16, 1998)

2. The Director shall supervise and direct all maintenance and operation of cemeteries.

PART IV - RECORDS

1. The Director shall supervise all sales of lots and plots in a cemetery.

2. The Director of Financial Services shall keep a correct account of all money received and of all expenditures made in connection with a cemetery.

3. The Department shall keep suitable records describing the licensee, recording the sale or transfer of every lot, recording the date of every sale or transfer of every lot, an alphabetical file of all burials within a cemetery and such other records as the Director or City Council may require, from time to time.

4. A file showing all burials and reservations by location shall be maintained at each cemetery office.

PART V - SALES AND RESERVATIONS

1. The Committee shall, from time to time, review cemetery fees and charges, and recommend appropriate changes to the City Council. Fees and charges shall be those appearing in Appendix B attached to this By-law, as amended from time to time.

(By-law C-871C - March 16, 1998)

2. Burial rights in lots in cemeteries shall be sold upon payment by the Licensee of all required fees and charges.

3. Burial rights, and burials will be subject to and conducted in accordance with the By-laws of the City and the rules and regulations appearing as Appendix "A" hereto, as amended from time to time.

4. At the time that a lot or lots are reserved, the Director will require full payment of all applicable fees and charges, excluding those related to the opening and closing of the grave. Such opening and closing fees and charges shall be paid at the time of burial.

(By-law C-871C - March 16, 1998)

5. No license to use a lot or lots may be transferred unless all such transactions are approved by the Director and are made in accordance with this By-law.

6. No lot or lots in any of the cemeteries may be transferred for consideration greater than the consideration paid by the licensee to the City and the transfer instrument must clearly show the amount paid by the licensee to the City.

7. Burial rights may be reconveyed to the City and the City will refund the licensee the original purchase price for an unused lot or lots, less the administration fee for each lot. No transaction between the City and the licensee intended to convey burial rights shall be valid unless it is recorded by a signed letter or other instrument filed with the Director.

(By-law C-871C - March 16, 1998)

8. The City may charge perpetual care fees, which shall be placed in the Perpetual Care Reserve Fund. This fund and the interest that it earns shall be used solely for the upkeep of a cemetery, excluding charges for upkeep which are attributable to the Licensee by operation of this By-law.

9. City Council shall, from time to time, designate portions of a cemetery for:

a. the interment of the poor and all persons unable to pay the charges.

b. a Field of Honour.

The size of such portions shall conform to the requirement of the Cemeteries Act of the Province of Alberta.

10. City Council may, from time to time, designate portions of the cemetery for:

a. the exclusive use of any religious denomination or racial group.

b. the burial of cremains, or infants.

c. the construction of Columbaria and Mausolea.

d. the exclusive use of flat or upright monuments.

e. any other purpose that, in its opinion, enhance the operation of the Cemetery.

11. Cremation lots shall be 4' x 4' in size. A maximum number of two persons may be buried per lot. Only flat monuments shall be used on cremation lots.

12. Every licensee obtaining a lot or lots in a cemetery shall be held responsible for the cost thereof and for all charges in connection therewith including disinterment or removal of a body when requested by a licensee. Any person signing an order for interment will be held responsible for all charges in connection with such interment. Such persons shall, in addition, be held responsible for compliance with the regulations governing erection of monuments applicable to that part of the cemetery in which the interment is made.

13. It is a condition of every license in the cemetery that the licensee expressly waives any claim arising by reason of any error or misdescription of any burial lot. The City undertakes that it will attempt insofar as is reasonably possible to avoid such errors but its liability shall only extend to a refund in case of error of any money paid to the City for a lot or lots and an undertaking to make an equivalent quality of lot or lots available in lieu of those originally allocated.

14. When a lot shall become vacant by removal of the body or bodies therein, the land may revert to the City at the licensee's option and the City will in such case rebate the original purchase price less the administration fee.

(By-law C-871C - March 16, 1998)

15. Lists of recent interments, etc. shall not be given to any commercial establishment, employee or agents thereof.

PART VI - PROCEDURE

1. Applications for interment must be made to the Director in the form attached hereto as Appendix C, Local Interment Permit.

(By-law C-871C - March 16, 1998)

2. Applications for interment must be made at least two working days prior to the time established for burial. Applications for interment scheduled for a Monday, or the next Working day when the Monday is a holiday, must be made before 10:00 a.m. on the previous Friday. Any application for interment approved without the required notice and those for which interment is scheduled on a day other than a Working day and those for which interment is scheduled as a Late Funeral shall be charged a Surcharge as per Appendix B attached hereto.

(By-law C-871C - March 16, 1998)

3. Upon application for interment and upon receipt of a burial permit issued by the proper officer of the Government of Alberta and upon the receipt of all charges, the Director will issue a Local Interment Permit. One copy of the Local Interment Permit will be given to the person making arrangements for interment and one copy shall be retained by the Department.

(By-law C-871C - March 16, 1998)

4. (By-law C-871C - March 16, 1998)

5. A City caretaker shall be at the cemetery from the time a procession enters the grounds for burial purposes until such time as the procession leaves the cemetery.

6. (By-law C-871C - March 16, 1998)

7. (By-law C-871C - March 16, 1998)

8. The City will supply the lowering device, grass or canvass dressings for all burials and the cost of this service will be included in opening and closing charges. Such devices shall be placed at the site of each burial by the caretaker, and removed after each burial.

9. The opening of any lot or lots may not proceed until an order for opening has been issued by the Director. This order will follow a check of the records for confirmation of ownership of the lot or lots.

10. A permit from the Director of Vital Statistics must be presented to the Director before disinterment is allowed.

(By-law C-871C - March 16, 1998)

11. Disinterments, except for re-burial in the same grave at greater depth will not be allowed unless permission is first obtained for that purpose at the office of the Director, and if given, such permission shall be in writing and signed by the Director.

12. Interment or funeral services in the cemeteries shall not be allowed on a Sunday or Statutory Holiday before 9:00 a.m. or after 5:00 p.m., Monday through Saturday without written permission signed by the Director.

13. When any licensee or his agent orders an interment by telephone the City shall not be responsible for any error or misunderstanding that may arise therefrom.

PART VII - MONUMENTS

1. The Licensee, or his personal representative, of each lot shall have the right to erect thereon monuments or headstones, subject to the guidelines in Appendix A attached hereto.

(By-law C-871C - March 16, 1998)

2. The City reserves the right to approve the design of any monument, vault or other structure before it is erected in a cemetery.

3. No licensee may erect upon any lot any monument while any charges in connection therewith are due and owing to the City.

4. Permission must be granted by the Director before any monument, gravestone or memorial of any kind is removed from a cemetery.

5. The Director shall notify the next-of-kin of a licensee if any monument placed on a licensee's lot is in need of repair, and it shall be the duty of the next-of-kin to repair such monument without delay. When the next-of-kin neglects to make the required repairs or alterations within thirty (30) days of receiving such notice, the Director may cause such monument to be removed from the cemetery.

Should the Director be unable to ascertain the whereabouts of any next-of-kin, he shall post the notice of his intention in a conspicuous place in the cemetery for a period of thirty (30) days and at the expiration of that time and provided that the objectionable condition is not corrected by any other person, he may perform the work as authorized by this section.

7. (By-law C-871C - March 16, 1998)

8. No inscription shall be placed on any monument or marker which, in the opinion of the Director is not in keeping with the dignity and decorum of a cemetery.

PART VIII - CARE OF LOTS

1. The Licensee, or his personal representative, of each lot shall have the right to improve his lot at his convenience, subject to the guidelines in Appendix A attached hereto.

(By-law C-871C - March 16, 1998)

2. To ensure neatness, and to preserve the beauty of a cemetery, the Director shall have supervision of:

a. wreaths, flowers and other removable momentos and objects placed upon graves and plots and any stand, holder, or receptacle for these items, and

b. flowers, shrubs, weeds, grass or trees planted upon graves or growing upon graves, and

c. any trees, shrubs, plants, grass or any other article or growing thing situated on any part of the cemetery.

and should it, in the opinion of the Director, become necessary or desirable to remove same from the cemetery, the Director shall be empowered to do so.

(By-law C-871C - March 16, 1998)

PART IX - MISCELLANEOUS PROVISIONS

1. It is unlawful for any person to inter any dead body in the City except in a cemetery.

(By-law C-871C - March 16, 1998)

2. No person shall sell cemetery lots or grave markers in the City unless they comply with such regulations that may be established by the City.

3. No person shall sell cemetery lots or grave markers by personally calling at any house or place of residence of any person in the City.

4. No person shall canvass for orders or distribute business cards in any cemetery.

5. All burials are to be made within the confines of designated lots. There must be a minimum of twelve (12) inches of earth between remains buried in adjoining lots.

6. No more than one body shall be buried in a lot except:

a. A mother and her infant child when both are in the same casket or coffin.

b. In a double-depth grave which will accommodate two bodies in separate caskets at the same time or different times in such a manner that one casket is placed immediately above the other and purchased specifically for this purpose on the opening for the first casket. There shall be a minimum of three (3) feet of earth placed over the upper casket.

c. Cremated remains up to maximum six (6) containers per adult lot. There must be minimum of one and one-half (1 1/2) feet of earth placed over each container.

(By-law C-871C - March 16, 1998)

d. (By-law C-871C - March 16, 1998)

6.1 All interments shall include an approved graveliner or concrete vault Graveliners may be purchased from and will be installed by the City for the fees identified in Appendix B attached hereto.

(By-law C-871C - March 16, 1998)

7. No persons shall drive a vehicle in a cemetery at a speed greater than fifteen kilometres per hour and then only upon the roadway provided for the purpose, thereof. The Director shall have the authority to prohibit the entrance of vehicles into a cemetery when roads are unfit for travel. The owner of any moving vehicle shall be responsible for any damage done by such vehicle within the boundaries of a cemetery.

8. No person shall tamper with or remove any flowers, plants, trees or shrubs located within the cemetery nor touch any monument nor any fence or other structure belonging to a cemetery.

9. No person shall disturb the quiet and good order of a cemetery by noise or any other improper conduct.

10. Any person who:

a. willfully destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone or any other structure placed in a cemetery or any fence, railing or other work for protection or ornament of the cemetery, or of any tomb, monument, gravestone, or other structure or of any lot within a cemetery, or

b. willfully destroys, cuts, breaks or injures any tree, shrub or plant in a cemetery, or

c. willfully plays at any game or sport in a cemetery, or

d. willfully discharges firearms in a cemetery, save at a military funeral, or

e. willfully and unlawfully disturbs persons assembled for the purpose of burying a body in the cemetery, or

f. willfully commits a nuisance in a cemetery, is guilty of an offence and is liable to a fine of not less than Two Hundred and Fifty ($250.00) Dollars and not more than Ten Thousand (10,000.00) Dollars and in default, judgement.

(By-law C-871C - March 16, 1998)

11. Any person found guilty of an infraction of any provisions of this By-law or any regulations made by the City under the authority of this By-law shall be liable to the penalties provided by the General Penalty By-law of the City of Grande Prairie except as herein before provided in this By-law.

12. Any matters not dealt with in this By-law nor in the Appendices A, B, and C, that are hereby made a part of this By-law shall be dealt with by the Director in the manner that he deems most appropriate, having consideration for the appearance of the cemetery, and the scope and intent of this By-law.

13. (By-law C-871C - March 16, 1998)

14. By-law C-507A is hereby repealed.

READ a first time this 22nd day of January A.D., 1990

READ a second time this 22nd day of January A.D., 1990

READ a third time and finally passed this 22nd day of January A.D., 1990

"D. Logan" (Signed)
MAYOR

"J.L. Ferguson" (Signed)
CITY CLERK

APPENDIX "A"

Cemeteries By-Law

(By-law C-871C - March 16, 1998)

Respecting Cemeteries Operated by the City of Grande Prairie.

PART A - MISCELLANEOUS

1. Cemeteries shall be open from 8:00 a.m. until sundown between May 1st and September 15th in each year and from 8:00 a.m. until sundown from September 16th to April 30th each year for visiting purposes.

2. Gardeners, florists, or any workman, contractor or supplier employed by any licensee for any purpose shall remove all rubbish and excess material from the cemetery grounds and must remove all implements or materials used in performing any work to the cemetery yard designated for storage purposes by the Director immediately after completion of their work or at the conclusion of the working day, whichever is the earliest, otherwise the City will cause the removal of same and charge the expense thereof against the lot on which such work has been done.

3. If any trees, shrubs or plants, or other such impediments situated on or about the cemetery shall, in the opinion of the Director, become by means of their roots or branches or in any other way detrimental to adjacent lots, walks or driveways, prejudicial to the general appearance of the grounds or dangerous or inconvenient to the public, the Director shall have the right to enter the said lot and remove such trees, shrubs or plants or parts thereof as he may consider detrimental, dangerous or inconvenient.

4. No person shall remove the sod in any grave or from any portion of the lot or from any portion of a cemetery without first obtaining the written consent of the Director.

5. No person shall place upon a lot or a plot any fence, railing, wall, stone coping, hedge, ornamental stone, or the like and where any of the same have been previously placed upon a plot or a lot and have by reason of age or neglect become unsightly or objectionable, the Director may cause such to be removed but will leave the area in a safe and proper condition.

6. Posts to mark the limits of the lots are permissible provided they are placed within the limits of the lot and are level with and not projecting above the ground.

PART B - CARE OF LOTS

1. A Licensee shall be allowed to place monuments or make improvements on a lot. Such work shall be done in accordance with this By-law and shall take place only in the section of the lot designated for this purpose. For an adult lot (size 12 feet by 4 feet) such work shall only take place within four (4) feet of the head of the lot. For an infant lot (size 5 feet by 3 feet) the work shall only take place within forty (40) inches of the head of the lot.

2. No person or licensee shall plant any tree, shrub or plant on any lot or plot.

3. No person shall remove any growing plants, flowers, slips, or cuttings from anywhere in a City cemetery, without first obtaining the approval of the Director.

4. The Director shall remove from any lot any weeds, and grass, funeral designs or floral pieces which may become wilted or any other article or thing which is in his opinion unsightly.

PART C - MONUMENTS

1. A monument should be designed with reference to its surroundings, consideration being given to the number, size and character of others near at hand. A duplicate of a nearby design is not desirable. Consideration should be given to the fact that a small monument of good design and finish is preferable to a larger one of the same cost but of inferior design and finish.

2. All monuments must be of granite, marble or limestone bronze. No fixtures of any type such as pictures or ornaments made of breakable materials may be attached or affixed in any manner whatsoever to any part of a memorial whether the memorial is upright or flat.

3. The outside back of any monument on any adult grave, whether it be upright or flat must be placed exactly sixteen (16) inches from the boundary at the head of the lot. On a child's grave, the outside back of any monument must be placed exactly twelve (12) inches from the boundary at the head of the lot.

4. Full length grave covers, of any construction, shall not be allowed on any grave in a Cemetery.

5. No monument in the City cemetery shall be more than three feet, six inches (3' 6") in height from the surface of the sod.

6. The Director shall have at his disposal the authority to require that foundations be constructed to hold monuments which, at his discretion, require foundations. All foundations so required shall be constructed at the expense of the licensee.

7. All foundations for erecting monuments shall be made of concrete and must extend not less than three (3) inches around the complete base of the monument and must be level with the surface of the ground. Construction of foundations shall conform to other specifications that may, from time to time, be issued by the City.

8. No monument work except markers shall be delivered to a cemetery until the foundation, if required, is completed and until the contractor is ready to proceed with the work of erection.

9. The behavior of all workmen employed by others upon cemetery property shall be subject to the control of the Director. Contractors, masons, and stone cutters shall lay planks on the lots and paths over which heavy materials are to be moved in order to protect them from injury.

10. Only approved monuments shall be placed in the Field of Honour section of a cemetery. Spouses of veterans may be memorialized by the placement of a flat monument placed at the foot of the grave.

11. Temporary monuments of wood or other approved construction may be placed at the head of a grave by the licensee with the permission of the Director. Such monuments must be removed after a period of two years from the date of interment.

APPENDIX "B"

Cemeteries By-Law

(By-law C-871C - March 16, 1998)

SCHEDULE OF FEES AND CHARGES
GRANDE PRAIRIE CEMETERY

Notes:

1. Rates do not include Goods and Services Tax which will be added to the total.

2. Perpetual Care and Administration charges are only charged if these were not paid when the lot was originally purchased.

APPENDIX "C"

Cemeteries By-Law

(By-law C-871C - March 16, 1998)

Available upon request from the Public Properties Department