HomeMy WebLinkAboutBy-law No. 2009-055 - Amend c210 - Cemeteries - Municipal' The Ministry of Consumer Services --Cemeteries
` Regulation Unit approved By-law Nos. 2009-055 &
2009-056 on June 30, 2009 -File 04523.
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BY-LAW NUMBER ~- O O~ ~ ~ ~ ~
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 21 D of The City of Kitchener
Municipal Code respecting Cemeteries -Municipal).
WHEREAS it is deemed expedient to amend Chapter 210 of The City of Kitchener
Municipal Code as adopted by By-law 88-100;
AND WHEREAS the appropriate notice has been given in accordance with Section 7. of
Ontario Regulation 130192 under the Cemeteries Acf {Revised);
NOW THEREFORE the Council of The Corporation of the City of Kitchener hereby enacts
as follows:
1. Section 210.2.6 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.2.6
Any person entering a cemetery with any animal shall ensure that said animal remains
under the effective care and control of an adult person is leashed at all times, and that any
excrement is forthwith removed from cemetery property and disposed of. All animals are
restricted to cemetery roads and pathways. All animals are to be kept in compliance with
Chapters 408 and 530 of The City of Kitchener Municipal Code. The Manager may in
hislher sole discretion request that any animal be removed from Cemetery property and
such request shall be complied with forthwith"
2. Article 2 of The City of Kitchener Municipal Code is hereby amended by adding the
following section thereto:
°210.2.16
Only cemetery staff or persons authorized by the Manager sha11 perform the following on
City cemetery property:
{a) sales and services related to interment rights and scattering rights, cremation, the
opening and closing of graves, scattering options, mausoleurrm crypts and
columbarium niches, grave dressing, lowering devices for committal purposes, and
memorial features;
(b) memorial installations, general care of lots, and landscaping, including the
preparation of flower beds, the planting of trees, shrubs, flowers and grass, and
cutting the grass; and
{c} any other services normally provided by the City."
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3. Article 2 of The City of Kitchener Municipal Code is hereby amended by adding the
following section thereto:
"210.2.17
No person shall:
(a} place or cause to be placed any inscription on any monument or marker not in
keeping with the dignity and decorum of the cemetery; and
{b} cause or allow to remain any inscription on any monument or marker which is not
satisfactory to the City. The City shall remove ail inscriptions not to the City's
satisfaction at the expense of the person who made, or caused to be made, the
inscription."
4. Section 210.3.1 of The City of Kitchener Municipal Code is hereby amended by adding
after the word "rules" the words "and conditions" thereto.
5. Section 210.4.6 of The City of Kitchener Municipal Cade is hereby deleted in its entirety.
6. Articles 3 and 4 of The City of Kitchener Municipal Code are hereby amended by
incorporating Article 4 into Article 3 and renumbering Article 3 accordingly. Article 4 is
hereby designated "Reserved".
7. Section 210.5.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and Article 5 is hereby designated "Reserved".
8. Section 210.7.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
9. Section 210.7.6 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.7.6
The Manager will assign the use of a single grave lot or another unsold lot for the use of
an at need interment pursuant to a signed contract with the Regional Social Services
Administrator or designate."
10. Section 210.7.7 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
11. Section 210.7.9 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.7.9
{a) Multiple Interments
Cremation interments are permitted on adult grave spaces. Where there is an
existing adult burial on a lot, a maximum of two cremation interments are
permitted. On an adult grave space, where no traditional burial has occurred, a
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maximum of three (3) cremation interments are permitted. Cremated remains that
have been interred may not be recoverable.
(b} Extra Deep Interments
No more than one traditional adult interment will be allowed in a grave unless
permitted herein. Under certain circumstances, a second adult interment above
the first may be permitted at the discretion of the Manager. Extra deep burials are
not permitted in Bridgeport Memorial and Free Cemetery, Williamsburg .Cemetery
or St. Peter's Lutheran Cemetery. All adult extra deep burials must be made in a
permanent outer case."
12. Section 210.7.14 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "in the Mausoleum".
13. Sectian 210.7.16 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "for the use of the Mausoleum".
14. Section 210.8.5 of The City of Kitchener Municipal Code is hereby amended by adding
after the word "markers" the words "and foundation" thereto.
15. Section 210.9.1 of The City of Kitchener Municipal Code is hereby amended by adding
after the word "development" the words "or good order" thereto.
16. Section 210.9.7 0# The City of Kitchener Municipal Code is hereby amended by deleting
the words "15 inches (38.1 centimetres)" and substituting "0.381 m (1' 3")" therefor.
17. Section 210.9.12 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "10"" and substituting "0.254 m (10")" therefor and by deleting the
measurement "12" x 12" x 4"" and substituting "0.305m x 0.305 m x 0.102m (1' x 1' x 4")"
therefor.
18. Section 210.10.1 of Chapter 210 of The City of Kitchener Municipal Code is hereby
amended by adding after section (b), the following thereto:
"When referencing measurements far all flat markers within this bylaw, from the vantage
point of the foot of a lot, the first measurement shall be the length of the marker from left
to right; the second measurement shall be the width of the marker from front to back and
the third measurement shall be the height of the marker from top to bottom. In the case of
all flat markers the height shall always be 0.102m (4").
19. Section 210.10.4 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "0.36 m x 0.77 m (14" x 30")" and substituting "0.762 m x 0.356 m x
0.102 m {2'' 6" x 1' 2" x 4")" therefor.
20. Section 210.10.5 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "0.3048 m x 0.92 m (1' x 3')" wherever it occurs and substituting "0.305
m x 0.914 m (1' x 3'}" therefor.
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21. Section 210.10.7 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "10.15 cm" and substituting ".102 m" therefor and deleting the
measurement "1.28 cm" wherever it occurs and substituting "0.013 m" therefor.
22. Section 210.10.8 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the fallowing is substituted therefor:
"210.10.8
Flush markers may be set on any single grave lot. On a 0.305 m x 0.914 m (1' x 3') or
0.457 m x 0.914 m (1' 6" x 3') lot designed for infants and cremated remains, the approved
flush marker size shall be 0.279mx0.152mx0.102m{11"x6"x4")ona0.610mx
1.372 m (2' x 4' fi" lot designated far children and cremated remains, the approved flush
marker size shall be 0.508 m x 0.305 m (1' 8" x 1') on a 0.914 m x 1.829 m (3' x 6') lot,
0.914 m x 1.524 m (3' x 5') lot, and a 0.914 m x 0.914 m (3' x 3') lot designated for youth
and cremated remains, the approved flush marker size shall be 0.610 m x 0.305 m x 0.102
m (2' x 1' x 4"). On all adult single grave spaces measuring 0.914 m x 3.048 m {3' x 10' }
the approved flush markers size will be one of the following: 0.508 m x 0.305 m x 0.102 m
(1'8"x1'x4");0.610mx0.305mx0.102m(2'x1'x4"); or 0.762mx0.35fimx0.102m
(2'/z x1'2"x4")."
23. Section 210.10.9 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurements "0.152 m x 27.9 cm (6" x 11 "}" and "0.3048 m x 0.50 m (12" x 20")" and
substituting respectively "0.279 m x 0.152 m x 0.102 m (11" x 6" x 4") and "0.508 m x
0.305 m x 0.102 m (1' 8" x 1' x 4")" therefor.
24. Article 11 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
adding the following section thereto:
"210.11.1.1
When referencing, measurements for all upright markers within this by-iaw, from the
vantage point of the foot of a lot, the first measurement shalt be the length of the marker
from left to right; the second measurement shall be the width of the marker from front to
back; and the third measurement shall be the height of the marker from top to bottom. In
the case of a flat marker the height of the marker and the thickness of the marker are one
in the same."
25. Section 210.11.8 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement " 2"" and substituting "0.051 m {2")" therefor and by deleting the
measurement "10.15 cm" and substituting "0.102 m" therefor.
26. Section 210.11.9 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.11.9
The minimum thickness for upright markers of a monolith style, up to 1.219 m {4')
including the base in height is 0.152 m (6"). Upright markers exceeding 1.219 m (4') in
height, including the base, shall be not less than 0.178 m (7") thick. Upright markers
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exceeding 1.829 m (6') in height, including the base, shall not be less than D.203 m (8")
thick. Upright markers exceeding 2.438 m (8') in height, including the base, shall not be
less than 0.254 m (10"} thick. The minimum thickness for upright markers which have an
angled or sloped face is 0.102 m {4"). Such monuments may not exceed 0.762 m (2' 6")
in height including the base. The maximum depth of the base shall not exceed 0.457 m
(1' 6"}. On a two grave lot, the upright marker or its base shall not exceed 1.219 m {4'} in
length; on a three grave lot the upright marker shall not exceed 1.828 m (6') in length. On
a four grave lot the base of the upright marker shall not exceed 2.438 m (8') in length."
27. Section 210.11.10 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "0.92 m" and substituting "0.914 m" therefor, by deleting the
measurement "0.77 m" and substituting "0.762 m" therefor, and by adding after the
measurement "(3' x 5')" the measurement "1.219m x 3.048m (4' x 10')" therefor.
28. Section 210.11.14 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.11.14
On lots with dimensions of less than 0.914 m x 3.048 m (3' x 10'} and commonly referred
to as "Children's Upright Marker Lots," upright markers shall have maximum base
dimensions of 0.762 m (2' 6"} in length and 0.406 m (1' 4") in width. Base thickness
should be in the range of 0.152 m to 0.203 m (6" to 8"}. Memorials may nat exceed 0.914
m (3'} in height including base. This Section 210.11.14 shall not apply to cremation lots."
29. Section 210.13.3 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210 13.3
One all granite upright marker may be placed on any lot. It shall be centred over the two
grave spaces at the head end. Such memorials shall have maximum base dimensions of
0.762 m (2' 6"} length x 0.406 m {1' 4") width. Base thickness should be in the range of
0.152 m x 0.203 m (6" to 8") thickness. Memorials may not exceed 0.914 m {3') in height
including the base. All upright memorials shall be set on a foundation installed by the
cemetery for a fee as set out in the tariff of -charges. One all granite flush marker is
permitted on each grave space and shall measure 0.279 m x 0.152 m (11" x 6") and shall
be installed by the cemetery for a fee as set out in the tariff of charges."
34. Section 210.14.2 of The City of Kitchener MunicipaE Code is hereby amended by deleting
the sentences "The interment of cremated remains is also permitted on these lots to a
maximum of two. Interment locations of cremated remains will be determined by the
Manager or designate."
31. Section 210.14.3 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement and words "0.762m {30") in width" and substituting "0.762 m (2' 6") in
length" therefor, by deleting the measurements "0.305 m x 0.508 m x 0.102 m thick (12" x
20" x 4" thick}" wherever they occur and substituting "0.508 m x 0.305m x 0.102 m (1' 8" x
1' x 4")" therefor, and by deleting the measurement "0.13 m" and substituting "0.013 m"
therefor.
32. Section 210.15.2 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.15.2
Lots #1 to #18 are 1.828 m x 3.048 m (6' x 10') and are designed as traditional 2-grave
flush marker lots. Lots #19 to #36 are 1.828 m x 3.048 m (6' x 10') and are designed as
traditional 2-grave upright marker lots. Lots #37 to #50 are 1.828 m x 1.524 m {6' x 5')
and are designed as cremation 2-grave upright marker lots. Lots #51 to #73 are niches.
Lots #74 to #143 are 0.914 m x 0.914 m (3' x 3'} and are designed as cremation flush
marker lots."
33. Section 210.15.4 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.15.4
On Lots #1 to #18, one all granite flush marker measuring 0.762 m (2' 6"} x 0.356 m (1' 2")
0.356 m (1' 2") x 0.762 m (2' 6"} x 0.102m (4"} is allowed and it shall be centred over the
two graves at the head end. On Lots #19 to #50 one upright marker is allowed and shall
be centred over the two graves at the head end. Such memorial shall have a maximum
base dimension of 1.219 m (4') length x 0.406 m (1' 4") width. Base thickness should be
in the range of D.152 m to 0.203 m (6" to 8"} thickness. The upright marker may not
exceed 1.07 m (3' 6") in overall height, including the base and must have a minimum
thickness of 0.203 m (8"}. All upright markers shall be set an a foundation installed by
cemetery staff for a fee as set forth in the tariff of charges. One all granite flush marker is
permitted per grave space and it shall measure 0.279 m x 0.152 m {11" x 6"}. It shall be
installed at the foot end of the grave by cemetery staff for a fee as set forth in the tariff of
charges. On Lots #51 to #73 the memorial is the niche cover (shutter} on which an
inscription shall be permitted. All such inscriptions are to be approved by the Manager
prior to being engraved on a shutter. On Lots #74 to #143, one all granite flush marker
measuring 0.61 D m x 0.305 m (2' x 1') will be permitted. This marker will be centred at the
foot end of the lot."
34. Section 210.16.1 of The City of Kitchener Municipal Code is hereby amended by adding
before the word "Promontory" the words "Section G;" thereto.
35. Section 21 D.16.2 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.16.2
One all granite upright marker may be placed on any upright cremation lot measuring
0.914 m x 1.829 m (3' x 6') and shall be centred at the head end of the lot. The upright
marker should have a maximum base dimensions of 0.762 m {2' 6") by 0.406 m (1' 4"),
Base thickness should be in the range of 0.152 m to 0.203 m (6" to 8"} thick. The marker
may not exceed 0.914 m (3') in height including the base. One all granite upright marker
may be centred at the head end of a traditional two grave lot measuring 1.829 m x 3.048
m (6' x 10'). The marker shall be centred at the head end of the lot. Markers shall have a
maximum base dimension of 1.219 m (4') leng#h. The marker may not exceed 1.219 m
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{4') in height including the base. One all granite upright marker may be installed on a
single grave lot measuring 1.219 m x 3.048 m {4' x 10') and shall be centred on the head
end of the lot. Markers shall have a maximum base length of 0.762 m (2' 6"}. The marker
may not exceed a maximum height of 0.914 m (3') including the base."
36. Section 210.16.3 of The City of Kitchener Municipal Cade is hereby amended by deleting
the measurement "0.92 m" wherever it occurs and substituting "0.914 m" therefor and by
deleting the measurement "0.3 m x 0.6 m (12" x 24") by 0.1 m {4") thick" and substituting
"0.610 m x 0.305 m (2' x 1')" therefor.
37. Section 210.16.8 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "includes a 0.051 (2") polished margin" and substituting "includes a 0.051 m (2'')
polished margin" therefor.
38. Section 210.17.3 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.17.3
One all granite upright marker may be placed on any lot with the dimensions 1.524 m {5'} x
0.914 m {3'}. It shall be centred over the two spaces on the lot at the head end. Upright
markers shall have a maximum base dimension of 0.762 m (2' 6") by 0.406 m (1' 4").
Base thickness should be in the range of 0.152 m (6") to 0.203 m ($") thick. Upright
markers may not exceed 0.914 m (3'} in height including the base. All upright markers
shall be set on a foundation installed by cemetery staff for a fee as set out in the tariff of
charges. Family names, photographs, images or other reproductions, inscriptions or
warding limited to scripture, poetry or prose is permitted on the back of an upright marker
but due to section design may not be visible."
39. Section 210.17.4 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"210.17.4
One all granite flush marker is permitted on a lot measuring 0.914 m (3') by 0.914 m (3')
centred at the head end of the lot and shall measure 0.610 m x 0.305 m (2' x 1') and shall
be instaAed by cemetery staff for a fee as set out in the tariff of charges."
40. Section 210.17.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
41. Section 270.18.8 of The City of Kitchener Municipal Code is hereby amended by de0.305
the measurement "0.3048 m (12"} x 0.3048 m (12) and substituting "0.305 m (1 )
m (1')" therefor and by deleting the measurement "0.4064 m (16"} x 0.3048 m (12"}" and
substituting "0.406 m {1' 4") x 0.305 m (1'}" therefor.
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42. Section 210.18.10 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"Section 210.18.10
In glass fronted niche units measuring 0.305 m {1') x 0.305 m (1'), one photoceramic
portrait measuring 0.064 m {2' 6") x 0.079 m {3 118") and frame as supplied by the City's
Cemetery Division is allowed as per the fee in the tariff of charges. In glass fronted niche
units measuring 0.406 m (1' 4") x 0.305 m (1'}, two photoceramic portraits measuring
0.064 m (2' 6") x 0.079 m (3 118") and frame as supplied by the City's Cemetery Division
are allowed as per the fee in the tariff of charges. Memorial inscriptions will be inscribed
on this frame and in the standard format approved by the Manager. If a photoceramic
portrait and frame are not used, the inspection will be inscribed on a plaque supplied by
the City's Cemetery Division in the standard format approved by the Manager. With the
approval of the Manager, the memorial inscription may be inscribed directly onto the
surface of the urn."
43. Section 210.19.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
44. Section 210.22.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
45. This By-law shall come into farce and effect upon being filed with and approved by the
Registrar appointed pursuant to the Cemeteries Act (Revised.
PASSED at the Council Chambers in the City of Kitchener this ~ ~ day
of , 2009.
Mayor
Clerk