Chapter 30
CEMETERIES*

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Cross references: Streets, sidewalks and other public places, ch. 74.

State law references: Criminal trespass and damage to property, O.C.G.A. § 16-7-20 et seq.; disposition of unclaimed dead bodies, O.C.G.A. § 31-21-20 et seq.; abandoned cemeteries and burial grounds, O.C.G.A. § 36-72-1 et seq.; Georgia Cemetery Act of 1983, O.C.G.A. § 44-3-130 et seq.

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Sec. 30-1. Operation and maintenance.

Sec. 30-2. Rules and regulations; bills.

Sec. 30-3. Operation.

Sec. 30-4. Records of ownership.

Sec. 30-5. Cost of lots.

Sec. 30-6. Use of funds from sale of lots.

Sec. 30-7. Burial fees.

Sec. 30-8. Removal of trees and shrubbery.

Sec. 30-9. Regulation of monument dealers.

Sec. 30-10. Vaults.

Sec. 30-1. Operation and maintenance.

The aldermanic board shall be responsible for the operation and maintenance of the Newton Cemetery; however, such responsibility may be delegated, subject to any limitations and restrictions set forth in this chapter and contained in any applicable law.

(Code 1976, § 6-1)

Sec. 30-2. Rules and regulations; bills.

(a) The aldermanic board shall establish rules and regulations for the use of Newton Cemetery relating to:

(1) Subdividing the cemetery into lots;

(2) Capacity of each lot;

(3) Location of graves;

(4) Type of plantings, monuments and markers that will be permitted for the proper and most attractive development of the cemetery;

(5) Regulations of contractors authorized to perform work in the cemetery;

(6) Preservation of historically significant edifices;

(7) Conduct of visitors.

(b) Bills for services, fees and charges for duties and services performed in connection with such cemetery shall be billed by the city manager.

(Code 1976, § 6-2)

Sec. 30-3. Operation.

The aldermanic board shall be responsible for the following, but may delegate such responsibilities to the city manager:

(1) The direction of activities of each employee assigned to his activity;

(2) The overseeing of the digging of graves and properly interring the dead when called upon to do so;

(3) No deceased person shall be interred until the city manager has found that:

a. A burial permit has been issued by the county health department as required by law;

b. The lot in which the burial is to be made has been paid for or that proper arrangements for payment have been made;

c. The person arranging for such burial has the right to use such lot;

d. Proper record is made for the name and age of the deceased person and the exact location of the grave.

(Code 1976, § 6-3)

Sec. 30-4. Records of ownership.

The aldermanic board shall require complete records of the ownership of all lots in Newton Cemetery, the burial capacity of each lot, sold and unsold, the location of each grave, the names of persons buried in each grave and the date of the burial of each, and the names of persons who shall be buried in vacant lots.

(Code 1976, § 6-4)

Sec. 30-5. Cost of lots.

The price of each lot in Newton Cemetery shall be as set forth in the schedule of fees and charges.

(Code 1976, § 6-5; Ord. of 3-5-1990, § I)

Sec. 30-6. Use of funds from sale of lots.

All funds derived from the sale of lots in Newton Cemetery shall be used for the maintenance and care of such cemetery.

(Code 1976, § 6-6)

Sec. 30-7. Burial fees.

Burial fees shall be charged as set forth in the schedule of fees and charges.

(Code 1976, § 6-7)

Sec. 30-8. Removal of trees and shrubbery.

(a) The aldermanic board is authorized to require the removal of any trees or shrubbery on privately owned lots within Newton Cemetery which are causing damage to adjacent lots or to lots owned by the city. Removal of such trees and/or shrubbery is to be accomplished within 30 days of such notice. The city manager is authorized to effect the removal of such trees or shrubbery and to assess the respective lot owner for the cost of such removal. Payment of assessments shall be made to the city treasurer.

(b) All removal of trees and shrubbery from lots within the cemetery shall be subject to the approval of the city manager and shall be at the expense of the respective lot owner. The city shall be held harmless from any damage occurring from such removal.

(Code 1976, § 6-8)

Sec. 30-9. Regulation of monument dealers.

The aldermanic board shall from time to time regulate the charges and costs to monument dealers for stone work and foundation inspections, and ensure that such are conducted at periodic intervals.

(Code 1976, § 6-9)

Sec. 30-10. Vaults.

No deceased person shall be interred except in a vault.

(Ord. of 3-5-1990, § III)