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HomeMy WebLinkAboutChapter 210 - Cemeteries - Municipal FACILITY Chapter 210 CEMETERIES - MUNICIPAL Article 1 INTERPRETATION 210.1.1 By-laws-defined 210.1.2 Cemetery-defined 210.1.3 Cemeteries Act-defined 210.1.4 City-defined 210.1.5 Columbarium-defined 210.1.6 Crematorium-defined 210.1.7 Designated-defined 210.1.8 Interment rights-defined 210.1.9 Interment rights holder-defined 210.1.10 Lot-defined 210.1.11 Marker-defined 210.1.12 Manager-defined 210.1.13 Mausoleum-defined 210.1.14 Owner-defined 210.1.15 Tariff'of charges-defined 210.1.16 Winter burial-defined Article 2 RULES AND REGULATIONS 210.2.1 Adoption 210.2.2 Entry-limitation KITCHENER 210.1 JUNE 2011 CEMETERIES -MUNICIPAL 210.2.3 Adult supervision 210.2.4 Gratuity-prohibited 210.2.5 Bicycle-restricted 210.2.6 Animal-restricted 210.2.7 Repealed:By-law 2003-216,24 November,2003 210.2.8 Alcoholic beverage-prohibited 210.2.9 Damage 210.2.10 Debris 210.2.11 Soliciting 210.2.12 Manager-direction-control 210.2.13 Vehicular traffic-restriction 210.2.14 Vehicular traffic-speed limit 210.2.15 Damage to embellishments-not reimbursed 210.2.16 Sales-service-installations-authorized persons only 210.2.17 Inscriptions-dignified-decorum-approved Article 3 SALE OF INTERMENT RIGHTS 210.3.1 Adoption 210.3.2 Repealed:By-law 2003-216,24 November,2003 210.3.3 Repealed:By-law 2003-216,24 November,2003 210.3.4 Interment rights sold on an immediate need basis 210.3.5 Tariff'of charges 210.3.6 Payments-City Finance Department 210.3.7 Repealed:By-law 2003-216,24 November,2003 210.3.8 Repealed:By-law 2003-216,24 November,2003 210.3.9 Purchase-limitation 210.3.10 Repealed:By-law 2009-055,23 March,2009. JUNE 2011 210.2 KITCHENER CEMETERIES -MUNICIPAL Article 4 (Reserved) By-law 2009-055,23 March, 2009 Article 5 (Reserved) By-law 2009-055,23 March, 2009 Article 6 TRANSFER/PRIVATE SALE OF INTERMENT RIGHTS 210.6.1 Sale of interment right-prohibition 210.6.2 Transfer of interment right Article 7 INTERMENTS 210.7.1 Burial permit-cremation certificate required 210.7.2 Interment-condition precedent 210.7.3 Grave opening-notice 210.7.4 Funeral-condition 210.7.5 Repealed:By-law 2009-055,23 March,2009 210.7.6 Pauper-interment 210.7.7 Repealed:By-law 2009-055,23 March,2009 210.7.8 Location of grave-error 210.7.9 Multiple or extra deep interments-limitations 210.7.10 Interment equipment 210.7.11 Employee-open/closing grave 210.7.12 Elevated mound-prohibited 210.7.13 Burial vault-installation 210.7.14 Soft ground-alternative arrangements 210.7.15 Repealed:By-law 2003-216,24 November,2003 210.7.16 Temporary entombment-burial delayed 210.7.17 Repealed:By-law 2003-216,24 November,2003 KITCHENER 210.3 JUNE 2011 CEMETERIES -MUNICIPAL 210.7.18 Scattering of cremated remains Article 8 DISINTERMENTS 210.8.1 Notification-Medical Officer of Health 210.8.2 Repealed:By-law 2003-216,24 November,2003 210.8.3 April 15 to November 15 -exception 210.8.4 Outer case-provision of Same 210.8.5 Private memorial-removal of Article 9 LOT DECORATION 210.9.1 Defined-exception-limitation 210.9.2 Structure-limitation 210.9.3 Floral tribute-removal 210.9.4 Decoration-unsightly 210.9.5 Receptacle 210.9.6 Planting 210.9.7 Flower bed 210.9.8 Shrub 210.9.9 Existing planting-removal 210.9.10 Artificial flower arrangement 210.9.11 Covering of grave-planting 210.9.12 Memory light-limitation 210.9.13 Damage-to lot-structure-liability-limitation Article 10 FLUSH MARKER 210.10.1 Flush marker-defined 210.10.2 Construction-granite required 210.10.3 Construction-other-removal AUGUST 2009 210.4 KITCHENER CEMETERIES -MUNICIPAL 210.10.4 Location-centred 210.10.5 Single grave lot 210.10.6 Outstanding charge-to be paid 210.10.7 Uniform thickness 210.10.8 Memorialization-flush marker Section 210.10.9 Memorialization-upright marker Section 210.10.10 Delivery-installation 210.10.11 Inscriptions-reproductions-photographic images 210.10.12 Embellishments-requirements-restrictions 210.10.13 Single grave flat marker-designated area-set out Article 11 UPRIGHT MARKER 210.11.1 Construction-granite required 210.11.1.1 Marker measurements-how calculated 210.11.2 Location-centred 210.11.3 Foundations-charges to be paid 210.11.4 Foundations-specifications 210.11.5 Foundations-drawings Submitted 210.11.6 Encroachment-on grave Space 210.11.7 Safety 210.11.8 Bases 210.11.9 Size limitations-two grave lots and greater 210.11.10 Size limitations-Single graves 210.11.11 Rock backs-when permitted 210.11.12 Inscriptions-family name,etc. 210.11.13 Inscriptions-reproductions-photographic images 210.11.14 Children's upright marker lots-dimensions KITCHENER 210.5 AUGUST 2009 CEMETERIES -MUNICIPAL Article 12 ERECTION OF UPRIGHT MARKER 210.12.1 Turf-protection 210.12.2 Upright marker-in disrepair Article 13 CREMORIAL GARDEN (WOODLAND CEMETERY) 210.13.1 General 210.13.2 Interment-placement of cremated remains 210.13.3 Memorial markers 210.13.4 Plantings-prohibited Article 14 ACACIA GARDENS (WOODLAND CEMETERY) 210.14.1 General 210.14.2 Interment-restriction-limitation 210.14.3 Memorialization 210.14.4 Plantings-prohibited Article 15 SPRUCE GROVE GARDENS (WOODLAND CEMETERY) 210.15.1 General 210.15.2 Lot-type 210.15.3 Interment-limitation 210.15.4 Memorialization-allowed 210.15.5 Plantings Article 16 SECTION G, STONEY RIDGE, PROMONTORY POINT, SANCTUARY WOODS, REFLECTION STONE AND BOULDER STONE LOTS (WILLIAMSBURG CEMETERY) 210.16.1 General 210.16.2 Memorialization-upright markers JUNE 2011 210.6 KITCHENER CEMETERIES -MUNICIPAL 210.16.3 Upright markers-centred 210.16.4 Flush markers-cremation lots-size 210.16.5 Cremated remains-maximum two per lot 210.16.6 Lot embellishments-restrictions 210.16.7 Bronze dedication plaque-upon approval 210.16.8 Tree planting-Sanctuary Woods 210.16.9 Marker requirements-Sanctuary Woods 210.16.10 Border material prohibited Article 17 WILLOWS CREMATION GARDEN (WILLIAMSBURG CEMETERY) 210.17.1 General 210.17.2 Interment-placement of cremated remains 210.17.3 Memorialization-upright markers 210.17.4 Memorialization-flush markers 210.17.5 Repealed:By-law 2009-055,23 March,2009 210.17.6 Repealed:By-law 2003-216,24 November,2003 210.17.7 Private flower beds Article 18 CREMATORIUM AND DEDICATION CENTRE INTERIOR COLUMBARIUM UNITS (WILLIAMSBURG CEMETERY) 210.18.1 General 210.18.2 Cremation-proper documentation required 210.18.3 Cremation-combustible container only 210.18.4 Cremation-with pacemaker-other-prohibited 210.18.5 Cremation-days not permitted 210.18.6 Cremation-fee 210.18.7 Dedication Centre-crematorium-all faiths 210.18.8 Interment-placement of cremated remains- dedication centre interior columbarium units KITCHENER 210.7 JUNE 2011 CEMETERIES -MUNICIPAL 210.18.9 Ums-dedication centre interior columbarium units-glass fronted niche units 210.18.10 Memorialization-dedication centre interior columbarium units-glass fronted niche units 210.18.11 Memorialization-dedication centre interior columbarium units-bronze fronted niche units 210.18.12 Embellishment-dedication centre interior columbarium units Article 19 REQUEST FOR SERVICE 210.19.1 Repealed:By-law 2009-055,23 March,2009 Article 20 TARIFF OF CHARGES 210.20.1 Adoption-by Council Article 21 MANAGER OF CEMETERIES 210.21.1 Appointment 210.21.2 Duties Article 22 ENFORCEMENT 210.22.1 Repealed:By-law 2009-055,23 March,2009 Article 23 ENACTMENT 210.23.1 Registrar approval-required 210.23.2 Registrar approval-received 210.23.3 Effective date-approval-required Approval received-September 1,2000 Approval received-January 22,2003 Approval received-September 29,2006 Approval received-June 30,2009 JUNE 2011 210.8 KITCHENER 210.1.1 CEMETERIES -MUNICIPAL 210.1.10 Approval received-June 30,2011 Article 1 INTERPRETATION 210.1.1 By-laws-defined "by-laws" means the rules under which The Corporation of the City of Kitchener cemeteries operate. 210.1.2 Cemetery-defined "cemetery"means lands set aside and approved for the interment of human remains and includes a mausoleum, columbarium or other similar such structures. 210.1.3 Cemeteries Act-defined "Cemeteries Pict" means chapter CA of the Revised Statutes of Ontario, 1990 and the Regulations thereunder. 210.1.4 City-defined "City"means The Corporation of the City of Kitchener. 210.1.5 Columbarium-defined "columbarium"means a structure designed for the interment of cremated hu- man remains in sealed compartments.By-law 95-132,25 September, 1995. 210.1.6 Crematorium-defined "crematorium"means a building fitted with appliances for the purpose of cremating human remains and includes everything incidental and ancillary thereto and "cremation" and "cremate" have corresponding meanings. By-law 99-198, 15 November, 1999. 210.1.7 Designated-defined "designated"shall mean designated by the Manager unless otherwise speci- fied. By-law 2011-068,9 May,2011. 210.1.8 Interment rights-defined "interment rights"is the right to require or direct the interment of human re- mains in any lot. 210.1.9 Interment rights holder-defined "interment rights holder"means a person with interment rights with respect to a lot and includes a purchaser of interment rights under the Cemeteries Pict. 210.1.10 Lot-defined "lot"means an area of land containing or set aside to contain human re- mains and includes a tomb,crypt, a compartment in a mausoleum and a niche in a columbarium. KITCHENER 210.9 JUNE 2011 210.1.11 CEMETERIES -MUNICIPAL 210.2.3 210.1.11 Marker-defined "marker"means any monument,tombstone,plaque,headstone,or other or- nament affixed to any lot,crypt,niche or other structure intended for the de- posit of human remains. 210.1.12 Manager-defined "Manager"means the City's Manager of Cemeteries or designate. 210.1.13 Mausoleum-defined "mausoleum"means a structure other than a columbarium designed for the deposit of human remains. 210.1.14 Owner-defined "owner"means The Corporation of the City of Kitchener. 210.1.15 Tariff of charges-defined "tariff of charges"means the price list for The Corporation of the City of Kitchener Cemeteries Section. 210.1.16 Winter burial-defined "winter burial"means an interment has been made but weather conditions have prohibited completion of finished grading and seeding. By-law 99-198, 15 November, 1999. Article 2 RULES AND REGULATIONS 210.2.1 Adoption The rules and regulations set out in Sections 210.2.2 through 210.2.14, inclusive are hereby adopted for the care and control of Woodland Ceme- tery, Kitchener Mt. Hope Cemetery, Bridgeport Memorial and Free Cemetery, St. Peter's Lutheran Cemetery, Strasburg Pioneer Cemetery and Williamsburg Cemetery and other such cemeteries as may be ac- quired.By-law 92-169, 13 July, 1992;Schedule`A';By-law 95-132,25 September, 1995;By-law 99-198, 15 November, 1999. 210.2.2 Entry-limitation No person shall enter the cemeteries except through an established gate,nor shall they enter or be within any cemetery before dawn or after sundown.Po- lice constables and authorized City staff are excepted. 210.2.3 Adult supervision No person under 16 years shall enter the cemeteries unless attended by an adult responsible for their conduct or until permission to enter has been ob- tained at the cemetery office. JUNE 2011 210.10 KITCHENER 210.2.4 CEMETERIES -MUNICIPAL 210.2.9 210.2.4 Gratuity-prohibited No gratuities shall at any time be given to any officer or employee,nor shall any reward be given for any personal service or attention. 210.2.5 Bicycle- restricted Bicycles shall be permitted only on cemetery roads.By-law 92-169,13 July, 1992; Schedule`A.' 210.2.6 Animal-restricted Any person entering a cemetery with any animal shall ensure that said ani- mal remains under the effective care and control of an adult person, is leashed at all times,and that any excrement is forthwith removed from ceme- tery 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 his/her sole discretion request that any animal be removed from Cemetery property and such request shall be complied with forthwith. By-law 2009-055,23 March,2009. 210.2.7 Repealed: By-law 2003-216,24 November,2003 210.2.8 Alcoholic beverage-prohibited No person shall bring any alcoholic beverage upon the said cemetery proper- ties. 210.2.9 Damage No person shall: (a) damage any marker, mausoleum, columbarium within the cemeteries; (b) remove any marker without prior consent from the Manager or designate; (c) damage any tree,shrub,plant or flowers(be they private or pub- lic property)within the limits of the cemeteries; (d) damage any fence,railing,or gate used for the protection of the cemeteries; (e) play at any game of sport; (f) discharge any firearms(save at a military funeral); (g) disturb any person or persons assembled for the interment of any other person;or (h) create a nuisance in the cemeteries. KITCHENER 210.11 AUGUST 2009 210.2.10 CEMETERIES -MUNICIPAL 210.2.16 210.2.10 Debris No person shall deposit rubbish on the grounds of the cemeteries except in the receptacles provided. 210.2.11 Soliciting Soliciting in the cemeteries is strictly prohibited save for the placement of identifying memorialist tags.Such tags shall be placed at the left rear bottom edge of the upright marker between the die and the base.They shall be dark in colour and the exposed area of the tag shall not exceed 7.62 cm(3 in)in width and 2.56 cm (I in) in height. Such tags will only be permitted on upright markers. 210.2.12 Manager-direction- control All workers in any capacity within the cemeteries,whether as masons,carv- ers,stonecutters,erectors,helpers,etc. are subject to the direction and con- trol of the Manager. 210.2.13 Vehicular traffic-restriction The Manager may restrict vehicular access to the cemeteries when the roads are soft or otherwise impassable. 210.2.14 Vehicular traffic-speed limit No person driving a vehicle shall: (a) leave the travelled portion of the road;or (b) exceed a speed of 20 km/h. By-law 92-169, 13 July, 1992; Schedule`A'. 210.2.15 Damage to embellishments-not reimbursed The cemetery shall not repair or reimburse for any damages to plant material, edging material,lot embellishments as caused by the opening and closing of graves,grounds maintenance,product installation or removal of said mate- rial.By-law 2006-111, 8 May,2006. 210.2.16 Sales-service-installations-authorized persons only Only cemetery staff or persons authorized by the Manager shall 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, mausoleum crypts and columbarium niches, grave dressing, lowering devices for committal purposes, and memorial features; (b) memorial installations,general care of lots,and landscaping,in- cluding the preparation of flower beds, the planting of trees, shrubs, flowers and grass,and cutting the grass; and AUGUST 2009 210.12 KITCHENER 210.2.17 CEMETERIES -MUNICIPAL 210.3.8 (c) any other services normally provided by the City. 210.2.17 Inscriptions- dignified-decorum-approved 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 cem- etery;and (b) cause or allow to remain any inscription on any monument or marker which is not satisfactory to the City. The City shall re- move all inscriptions not to the City's satisfaction at the expense of the person who made,or caused to be made,the inscription. By-law 2009-055,23 March,2009. Article 3 SALE OF INTERMENT RIGHTS 210.3.1 Adoption All sales of interment rights are subject to the rules and conditions set out in this Article and to the Cemeteries Act.By-law 92-169, 13 July,1992;Sched- ule`A';By-law 2009-055,23 March,2009. 210.3.2 Repealed: By-law 2003-216,24 November,2003 210.3.3 Repealed: By-law 2003-216,24 November,2003 210.3.4 Interment rights sold on an immediate need basis All charges for interment rights sold on an immediate need basis are due in full within 30 days from the date of invoicing.By-law 95-132,25 Septem- ber, 1995. 210.3.5 Tariff of charges The purchase price for lots,crypts, and niches (otherwise known as inter- ment rights) shall be as set forth in the tariff of charges as prescribed by Council from time to time.By-law 2003-216,24 November,2003. 210.3.6 Payments-City Finance Department All payments shall be made to the City Finance Department or to the Office at Williamsburg Cemetery. By-law 92-169, 13 July, 1992; Schedule `A'; By-law 99-198, 15 November, 1999. 210.3.7 Repealed: By-law 2003-216,24 November,2003 210.3.8 Repealed: By-law 2003-216,24 November,2003 KITCHENER 210.13 AUGUST 2009 210.3.9 CEMETERIES -MUNICIPAL 210.7.1 210.3.9 Purchase-limitation No person, group or organization shall be entitled to hold the interment rights for more than 30 unused grave spaces save and except Williamsburg Cemetery where sections maybe allocated for the sole use of an organization through a resolution of City Council.By-law 92-169, 13 July, 1992;Sched- ule`A';By-law 95-132,25 September, 1995. 210.3.10 Repealed: By-law 2009-055,23 March,2009 Article 4 (Reserved) By-law 2009-055,23 March, 2009 Article 5 (Reserved) By-law 2009-055,23 March, 2009 Article 6 TRANSFER/PRIVATE SALE OF INTERMENT RIGHTS 210.6.1 Sale of interment right-prohibition The re-sale of interment rights to any party other than to the cemetery is strictly prohibited.Interment rights will be repurchased from the interment rights holder under the terms and conditions of the Cemeteries Pict. 210.6.2 Transfer of interment right Interment rights may be transferred to another party. Such rights will be transferred by making application at the cemetery office and by completing the transfer portion of the Interment Rights Certificate and by paying the fee as prescribed in the Tariff of Charges. Article 7 INTERMENTS 210.7.1 Burial permit-cremation certificate required No interment shall take place without a Burial Permit or a Cremation Certifi- cate as is applicable,nor until the person making arrangements for the inter- ment has complied with all laws,rules and regulations relative to burials. Persons contracting for interment rights and/or making arrangements for burials shall be responsible for all charges incurred. AUGUST 2009 210.14 KITCHENER 210.7.2 CEMETERIES -MUNICIPAL 210.7.3 210.7.2 Interment-condition precedent The Manager shall not make any interment,entombment,inumment or scat- tering on any grave or in any crypt or niche unless and until the person/per- sons ordering Same Shall first exhibit: (a) a Signed contract respecting the purchase of the interment right, crypt,or niche and the authorization to proceed with the inter- ment, entombment,inumment or Scattering(as is the case);or (b) an interment rights certificate or indenture indicating the party is the rightful owner of the interment rights upon which the in- terment activity is requested. (i) For indigent burials,a warrant signed by an official of the Regional Social Services Department indi- cating that they will be responsible for the payment of such burial. (ii) In any circumstances where the party requesting the interment activity is unable to provide evidence of ownership, the Manager may require the party requesting the interment to Sign a waiver Saving the City harmless from all Subsequent claims from such interment activity. (iii) All contracts pursuant to the purchase of interment rights must be completed at the cemetery office. 210.7.3 Grave opening-notice When the opening of a grave is required,not less than 12 working hours no- tice of Such requirement Shall be given to the Manager by the owner or owner's agent of the interment right upon which the grave is to be opened. For the purposes of this Section,Saturdays,Sundays and holidays Shall not be considered working hours.By-law 92-169,13 July,1992;Schedule`A'. KITCHENER 210.15 AUGUST 2009 210.7.4 CEMETERIES -MUNICIPAL 210.7.9 210.7.4 Funeral-condition All funerals within the said cemeteries shall be under the direction of the Manager or designate. No funeral service shall be held and no interment shall be made in the said cemeteries on any Sunday,New Year's Day,Good Friday or Christmas Day,except pursuant to an Order of the Regional Medi- cal Officer of Health;these provisions being made because these days are set aside for visiting the cemeteries.If satisfactory arrangements can be made in sufficient time for the Manager to arrange for staff to work on a holiday, other than the holidays specified above, or on a Saturday, such grave side service shall be permitted for the charges as outlined in the tariff of charges. Despite the forgoing,memorial services may be permitted on a Sunday in the Dedication Centre at Williamsburg Cemetery with the prior written ap- proval of the Manager.By-law 92-169,13 July,1992,Schedule`A';By-law 99-198, 15 November, 1999. 210.7.5 Repealed: By-law 2009-055,23 March,2009 210.7.6 Pauper-interment 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 Re- gional Social Services Administrator or designate. By-law 2009-055, 23 March,2009. 210.7.7 Repealed: By-law 2009-055,23 March,2009 210.7.8 Location of grave-error The City shall not assume any responsibility for errors in the location of graves when improper instructions have been given by the interment rights holders or designate. By-law 92-169, 13 July, 1992; Schedule`A'. 210.7.9 Multiple or extra deep interments-limitations 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 maximum of three cremation interments are permitted.Cremated remains that have been interred may not be recoverable. No more than one traditional adult interment will be allowed in a grave un- less permitted herein.Under certain circumstances,a second adult interment above the first maybe 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.By-law 2009-055,23 March,2009. AUGUST 2009 210.16 KITCHENER 210.7.10 CEMETERIES -MUNICIPAL 210.7.17 210.7.10 Interment equipment No interment equipment except that provided by the City shall be used,ex- cept as noted in Section 210.7.13.By-law 92-169, 13 July, 1992; Schedule 'A, 210.7.11 Employee-open/closing grave No grave,niche or crypt shall be opened or closed except by employees of the cemetery. 210.7.12 Elevated mound-prohibited No elevated mounds shall bebuilt over graves and no lot shall be filled above the grade established for the cemeteries save and except those burials com- pleted as winter burials. By-law 92-169, 13 July, 1992; Schedule `A'; By-law 95-132,25 September, 1995. 210.7.13 Burial vault-installation When burial vaults are used,they shall be installed by the supplier who shall use his/her own equipment.No portion of any such vault shall be suspended in or above any grave unless pre-approved by the Manager of Cemeteries or designate.By-law 2003-216,24 November,2003. 210.7.14 Soft ground-alternative arrangements At times when the ground in said cemeteries is soft from spring thaws,rain or other cause, committal services shall be held in the Chapel at Woodland Cemetery or at the Dedication Centre at Williamsburg Cemetery instead of at the grave.No charge shall be made for such service.By-law 92-169, 13 July, 1992; Schedule `A'; By-law 99-198, 15 November, 1999; By-law 2009-055,23 March,2009;By-law 2009-055,23 March,2009. 210.7.15 Repealed: By-law 2003-216,24 November,2003 210.7.16 Temporary entombment-burial delayed If for any reason a burial cannot be made on the day of the funeral,the Man- ager may direct that the committal service be held in the Chapel at Woodland Cemetery or at the Dedication Centre at Williamsburg Cemetery and the body be placed in temporary entombment.The burial shall be made as soon after the day of the funeral as conditions permit.For such service,no charge shall be made.By-law 92-169, 13 July,1992;Schedule`A';By-law 93-143, 12 July, 1993;By-law 99-198, 15 November, 1999;By-law 2009-055,23 March,2009. 210.7.17 Repealed: By-law 2003-216,24 November,2003 KITCHENER 210.17 AUGUST 2009 210.7.18 CEMETERIES -MUNICIPAL 210.8.5 210.7.18 Scattering of cremated remains Scattering of cremated remains may be carried out only by cemetery staff and for a fee as set out in the tariff of charges.Scattering of cremated remains shall occur in areas of cemeteries as permitted under this Chapter or as other- wise permitted by the Manager.No scattering can occur until the person with lawful possession of the remains has signed and provided to the Manager or designate, the prescribed form. The cremated remains, once scattered are non-retrievable.By-law 99-198, 15 November, 1999;By-law 2006-111, 8 May,2006. Article 8 DISINTERMENTS 210.8.1 Notification-Medical Officer of Health No disinterment shall take place without notifying the Regional Medical Of- ficer of Health, obtaining the prior written consent of the interment rights holder and meeting all requirements of the Cemeteries Pict. By-law 2003-216,24 November,2003. 210.8.2 Repealed: By-law 2003-216,24 November,2003 210.8.3 April 15 to November 15 -exception Disinterments shall be made at the discretion of the Manager and only from April 15 to November 15 in any one year,except as ordered by the Regional Medical Officer of Health. 210.8.4 Outer case-provision of same If the burial was made in other than a permanent type outer case,a new outer case must be supplied,at the discretion of the Manager or designate.By-law 92-169, 13 July, 1992; Schedule`A.' 210.8.5 Private memorial-removal of Any flush or upright markers and foundation designating the location of an interment shall be removed at the time a disinterment is made at the expense of the interment rights holder. AUGUST 2009 210.18 KITCHENER 210.9.1 CEMETERIES -MUNICIPAL 210.9.5 Article 9 LOT DECORATION 210.9.1 Defined-exception-limitation Lot decorations shall be deemed to include all structures, ornaments, plantings, or other embellishments, with the exception of flush or upright markers or mausolea,which are placed on cemetery lots with the intention of improving their appearance.Because certain types of individual lot decora- tions are not in harmony with the development or good order of the cemeter- ies as a whole or because they may intensify maintenance,the rules found in Article 9 shall be observed with regard to the decoration of cemetery lots.No lot decorations permitted by this Chapter shall be placed on a lot if any out- standing charges remain on the lot.By-law 92-169, 13 July, 1992;Schedule `A';By-law 2009-055,23 March,2009. 210.9.2 Structure-limitation Copings, fences, curbs,benches, steps, structures of wood, "candles" and containers of glass,or other equally perishable and destructible materials are prohibited and shall be removed without notice.Those structures or enclo- sures established on any lot previous to the adoption of these regulations, which have become unsightly by reason of neglect or age,shall be removed. By-law 92-169,13 July,1992;Schedule`A';By-law 93-143,12 July,1993. 210.9.3 Floral tribute-removal Floral tributes shall be removed from lots by the Manager after they become unsightly. 210.9.4 Decoration-unsightly Urns,hanging baskets,planter boxes,decorative stone mulch or any other decorations or objects deemed unsuitable or unsightly by the Manager,are not permitted and shall be removed. 210.9.5 Receptacle Receptacles for cut flowers of an approved type are permitted if installed flush with the surface of the ground.The use of other than approved types of receptacles is strictly prohibited.Only one such container will be permitted on any single lot and no more than two on any other lot.All such receptacles must be installed by cemetery staff for a fee as set forth in the tariff of charges.Potted plants will be permitted to remain on lots for a period of 4 days before and 4 days after the following occasions:Easter,Mother's Day, Father's Day,Decoration Day and Remembrance Day. Any plants placed prior to or remaining after this period of time will be removed by the Man- ager and disposed of.By-law 92-169, 13 July, 1992;Schedule`A';By-law 95-132,25 September, 1995. KITCHENER 210.19 AUGUST 2009 210.9.6 CEMETERIES -MUNICIPAL 210.9.9 210.9.6 Planting Since certain plantings may be not in keeping with the general layout of the cemeteries,plantings shall be permitted only under supervision of the Man- ager or designate.All permanent plantings must be carried out by cemetery staff.By-law 92-169, 13 July, 1992;Schedule`A';By-law 93-143, 12 July, 1993. 210.9.7 Flower bed Only cemetery staff shall install private flower beds on lots in a City ceme- tery and only as permitted by this Chapter. Such installation shall occur be- tween May 1st and November 30th in each calendar year, weather permitting.Private flower beds are allowed only on lots which permit an up- right marker and will be installed adjacent to such marker by cemetery staff, upon request by the owner,once the upright marker has been installed.No such flower bed shall exceed 0.381 m(1 ft 33 in)in width and shall not en- croach on any abutting lot or public space. Any flower bed or part thereof contravening this Section shall be brought into conformity with this Section by cemetery staff without notice. By-law 95-132, 25 September, 1995; By-law 2003-216,24 November,2003;By-law 2009-055,23 March,2009. 210.9.8 Shrub Private shrubs(evergreen or deciduous)are only permitted in approved up- right marker sections.Only one shall be planted on either side of the upright marker.Shrubs placed on lots that are not approved for plantings shall be re- moved without notice. All tree and shrub plantings are subject to the ap- proval of the Manager and are carried out by the cemetery staff payable in advance.The fee shall be as set out in the tariff of charges.Private shrubs are not permitted at Williamsburg Cemetery.By-law 2006-111, 8 May,2006. 210.9.9 Existing planting-removal Existing plantings will be removed by cemetery staff whenever they become unsightly, overgrown or encroach upon an adjoining lot or path. Such plantings will be removed without notice. By-law 95-132, 25 September, 1995. AUGUST 2009 210.20 KITCHENER 210.9.10 CEMETERIES -MUNICIPAL 210.10.1 210.9.10 Artificial flower arrangement Artificial and/or silk flowers, arrangements and/or wreaths may be placed and remain on graves,upright markers or flush markers only from the Friday prior to Thanksgiving Day to the 15th day of April of the following year. Only one artificial arrangement or wreath shall be permitted on any single lot and no more than two on any other lot.No plastic or other type of covering is permitted on artificial wreaths or artificial flowers.If such decorations with the exception of saddle wreaths are not removed by the 15th day of April, they shall be considered abandoned and may be disposed of by the cemetery staff.Saddle-type arrangements shall be allowed to remain on the top of up- right markers until such time as they are unsightly,when they shall be re- moved without notice. By-law 95-132, 25 September, 1995; By-law 2006-111, 8 May,2006. 210.9.11 Covering of grave-planting All grading,sodding,seeding,top-dressing,fertilizing,covering of graves, and planting of trees and shrubs,shall be done by the Manager and cemetery staff only. By-law 92-169, 13 July, 1992; Schedule`A'. 210.9.12 Memory light-limitation One memory light shall be permitted per lot,on those lots allowing an up- right marker.The memory light must be of a style that has been approved by the Manager of Cemeteries or designate.The memory light will be installed by cemetery staff,for a fee as set forth in the tariff of charges.It will be cen- tred on the lot directly in front of the monument.The memory light will be constructed of bronze and will have a thermoplastic liner surrounding the candle/light and will be clear or red in colour. The light may not exceed 0.254 m(10 in) in height. When not in use, the unit will be inverted and placed within a holder which has been installed flush with the ground.The memory light and holder will be contained within a cube of granite measur- ing 0.305 m x 0.305 m x 0.102 m(1 ft x 1 ft x 4 ft).By-law 2003-216,24 No- vember,2003;By-law 2009-055,23 March,2009. 210.9.13 Damage-to lot-structure-liability-limitation The City shall not be responsible for any damage to lots and structures or ob- jects thereon,or flowers or articles removed from a grave except for damage shown to be caused by a City employee.The City shall not be responsible for any damage to upright markers and/or flush markers caused by any means or individuals,except damage shown to be caused by a City Employee.By-law 95-132,25 September, 1995. Article 10 FLUSH MARKER 210.10.1 Flush marker-defined In this Article"flush marker"means: KITCHENER 210.21 AUGUST 2009 210.10.2 CEMETERIES -MUNICIPAL 210.10.4 (a) a granite flat marker; or (b) a bronze marker together with granite setting base. When referencing measurements for all flat markers within this Chapter, 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 0.102 m(4 in).By-law 92-169,13 July,1992;Sched- ule`A';By-law 2009-055,23 March,2009. 210.10.2 Construction- granite required All flush markers shall be constructed wholly of granite with the exception of memorial plaques and temporary bronze plaques ofremembrance or other markers,all as approved by the Manager or designate.By-law 2006-111, 8 May,2006. 210.10.3 Construction-other-removal Memorials installed in the said cemeteries which are found to be in contra- vention of this Chapter shall be ordered removed.The Manager or designate will advise the interment rights holder of the contravention and the interment rights holder shall be given thirty days within which he/she must comply with the by-laws.If the contravention is not corrected within this time pe- riod,the Manager or designate will have the memorial removed at the ex- pense of the interment rights holder. By-law 92-169, 13 July, 1992; Schedule`A'. 210.10.4 Location-centred All flush markers shall be centred: (a) In the case where two adjoining single graves are purchased,a 0.762 m x 0.356 m x 0.102 m(2 ft 6 in x I ft 2 in x 4 in)flush marker may be centred over the two or more spaces at the head end. (b) In sections where both an upright marker and flush markers are permitted, the centring of a flush marker over two adjoining graves will only be permitted at the foot end of the graves con- cemed and only after all burials on such graves have taken place. (c) Under no circumstances shall more than one flush marker be permitted on any grave.By-law 92-169, 13 July, 1992;Sched- ule `A'; By-law 95-132, 25 September, 1995; By-law 2009-055,23 March,2009. AUGUST 2009 210.22 KITCHENER 210.10.5 CEMETERIES -MUNICIPAL 210.10.9 210.10.5 Single grave lot On single grave lots where the grave dimensions are 0.305 m x 0.914 m(1 ft x 3 ft),the flush marker shall be placed at the foot end of the grave.In all other sections,where the grave dimensions are greater than 0.305 m x 0.914 m(1 ft x 3 ft),the flush marker shall be placed at the head end of the grave. By-law 95-132, 25 September, 1995; By-law 2006-111, 8 May, 2006; By-law 2009-055,23 March,2009. 210.10.6 Outstanding charge-to be paid No flush markers shall be installed upon a lot unless the purchase price and any other outstanding charges for such lot have been paid in full. By-law 92-169, 13 July, 1992; Schedule`A'. 210.10.7 Uniform thickness All flush markers shall be of uniform thickness of.102 m(4 in)plus or mi- nus 0.013 m('/z in)and mustbe set so that the top is flush with the level of the ground.The allowed variance to all flush marker sizes shall be plus or minus 0.013 m in total length and total width. By-law 92-169, 13 July, 1992; Schedule`A';By-law 2009-055,23 March,2009. 210.10.8 Memorialization-flush marker section Flush markers maybe set on any single grave lot.On a 0.305 m x 0.914 m(1 ft x 3 ft)or 0.457 m x 0.914 m(1 ft 6 in x 3 ft)lot designed for infants and cre- mated remains,the approved flush marker size shall be 0.279 m x 0.152 m x 0.102m(llinx6inx4 in)ona0.610mx1.372m(2ftx4ft6 in)lot desig- nated for children and cremated remains, the approved flush marker size shall be 0.508 m x 0.3 05 m(I ft 8 in x I ft)on a 0.914 m x 1.829 m(3 ft x 6ft) lot,0.914 m x 1.524 m(3 ft x 5 ft)lot,and a 0.914 m x 0.914 m(3 ft x 3 ft)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 ft x 1 ft x 4 in).On all adult single grave spaces measuring 0.914 m x 3.048 m(3 ft x 10 ft)the approved flush markers size will be one of the following:0.508 m x 0.305 m x 0.102 m(1 ft 8 in x I ft x 4 in);0.6 10 m x 0.305 m x 0.102 m(2 ft x I ft x 4 in);or 0.762 m x 0.356 m x 0.102 m(2'/z ft x 1 ft 2 in x 4 in). By-law 2009-055,23 March, 2009. 210.10.9 Memorialization- upright marker section In those sections allowing an upright marker and/or flush markers, the al- lowable flush marker size shall be one of the following:0.279 m x 0.152 m x 0.102m(llinx6inx4 in)or0.508mx0.305mx0.102m(Ift8inx lftx4 in).By-law 95-132,25 September, 1995;By-law 2003-216,24 November 2003;By-law 2009-055,23 March,2009. KITCHENER 210.23 AUGUST 2009 210.10.10 CEMETERIES -MUNICIPAL 210.11.1 210.10.10 Delivery-installation All flush markers shall be delivered to a location designated by the Manager and such flush markers shall be set in place by the cemetery staff.The charge shall be as set forth in the tariff of charges. Such flush markers shall be ac- cepted between April I and November I in any one calendar year or later if agreed to by the Manager of Cemeteries or designate. By-law 95-132, 25 September, 1995;By-law 2003-216,24 November,2003. 210.10.11 Inscriptions- reproductions-photographic images Only those inscriptions,reproductions or photographic images which are an integral part of the flush marker shall be permitted.Acceptable methods of producing such photographic images or inscriptions are limited to etching, sandblasting,chiselling,or similar methods as maybe approved by the Man- ager or designate. No photograph or inscription may be attached by any other method or process.Photographs,reproductions,images or inscriptions of any other kind are prohibited. By-law 2003-216,24 November,2003. 210.10.12 Embellishments-requirements- restrictions Embellishments on an upright marker will be permitted to a maximum of two. Allowable embellishments will be made of bronze or granite. Glass, porcelain or other fragile materials are not permitted.The attachment of em- bellishments will be permitted only to the base of the upright marker.Embel- lishments must be listed on the foundation request form and are subject to the approval of the Manager. 210.10.13 Single grave flat marker- designated area- set out Lots 373 to 434,inclusive,in section 2E at Woodland Cemetery shall be des- ignated as single grave flat marker lots.The approved marker shall be cen- tred at the head end of the lot. By-law 2006-111, 8 May,2006. Article 11 UPRIGHT MARKER 210.11.1 Construction- granite required All upright markers erected in the said cemeteries shall be constructed wholly of granite.All monuments are subject to approval of the Manager or designate. By-law 2003-216, 24 November, 2003; By-law 2006-111, 8 May,2006. AUGUST 2009 210.24 KITCHENER 210.11.1.1 CEMETERIES -MUNICIPAL 210.11.6 210.11.1.1 Marker measurements-how calculated When referencing measurements for all upright markers within this Chapter, 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 a flat marker the height of the marker and the thickness of the marker are one in the same. By-law 2009-055,23 March,2009. 210.11.2 Location-centred Upright markers shall be placed at the centre of the head end of the lot except where alignment with existing upright markers justifies another location. Approval of the location must be obtained from the Manager before an up- right marker is set.Not more than one upright marker shall be erected on any lot.No upright marker shall be erected on a grave space or in those sections designated as flush marker graves.No upright marker shall be placed upon a lot unless the purchase price and all other outstanding charges for such lot have been paid in full. 210.11.3 Foundations-charges to be paid No upright marker may be set until the charges made for the foundation and the care and maintenance charges have been paid in full.Foundations shall be installed between May I and November I in any one calendar year, weather permitting unless another date is agreed to by the Manager of Ceme- teries or designate.By-law 2003-216,24 November,2003. 210.11.4 Foundations-specifications No upright marker shall be erected upon any lot,unless the foundation is of uniform thickness and has dimensions in both length and width which equal those of the base of the monument. By-law 95-132, 25 September, 1995; By-law 2003-216,24 November,2003;By-law 2006-111, 8 May,2006. 210.11.5 Foundations-drawings submitted A detailed drawing showing all dimensions of the proposed upright marker must be submitted as part of the contract before the installation of the foundation. 210.11.6 Encroachment-on grave space No upright marker shall encroach on any grave space. KITCHENER 210.25 AUGUST 2009 210.11.7 CEMETERIES -MUNICIPAL 210.11.10 210.11.7 Safety All upright markers must be able to withstand a force of45.359kg(100 lbs). when such force is applied at any point on the memorial.Such markers must withstand this force when set in a dry mode(i.e.without the assistance of any adhesive material).Dowels(300 series stainless or equivalent)may beused to assist an upright marker in achieving the 45.359kg (100 lb). minimum standard.The intended positioning of such dowels must be shown/stated on the contract requesting the installation of the marker.All portions of an up- right marker must be sealed together with an appropriate sealing material and shall be sealed together in such a way as to provide an adequate level of stability. By-law 95-132, 25 September, 1995; By-law 2003-216, 24 November,2003. 210.11.8 Bases All upright marker bases shall be of rock pitch style. All upright marker bases shall have a minimum 0.051 m(2 in)polished border on all sides from the edge of the base to the edge of the die.No upright marker or sub-base is to be less than 0.12 m(6 in)in thickness,with the exception of pillow markers. Pillow markers must be set on a rock pitch style base,which is to be not less than 0.102 cm (4 in) in thickness. By-law 95-132, 25 September, 1995; By-law 2003-216,24 November,2003;By-law 2009-055,23 March,2009. 210.11.9 Size limitations-two grave lots and greater The minimum thickness for upright markers of a monolith style,up to 1.219 m(4 ft)including the base in height is 0.152 m(6 in).Upright markers ex- ceeding 1.219 m(4 ft)in height, including the base, shall be not less than 0.178 m(7 in)thick.Upright markers exceeding 1.829 m(6 ft)in height,in- cluding the base,shall not be less than 0.203 m(8 in)thick.Upright markers exceeding 2.438 m(8 ft)in height,including the base,shall not be less than 0.254 m(10 in)thick. The minimum thickness for upright markers which have an angled or sloped face is 0.102 m(4 in). Such monuments may not exceed 0.762 m(2 ft 6 in)in height including the base.The maximum depth ofthebase shall not exceed 0.457 m(I ft 6 in).On a two grave lot,the upright marker or its base shall not exceed 1.219 m(4 ft)in length;on a three grave lot the upright marker shall not exceed 1.828 m(6 ft)in length. On a four grave lot the base of the upright marker shall not exceed 2.438 m(8 ft)in length. By-law 2009-055,23 March,2009. 210.11.10 Size limitations-single graves Upright memorials to a maximum allowable size of 0.914 m (36 in) in height,including the base,and a maximum base length of 0.762m(30 in)are permitted in approved single grave upright marker lots including lots with dimensions of 0.914 m x 1.524 m(3 ft x 5 ft)or 1.219m x 3.048m(4 ft x 10 ft). By-law 95-132, 25 September, 1995; By-law 99-198, 15 November, 1999;By-law 2009-055,23 March,2009. AUGUST 2009 210.26 KITCHENER 210.11.11 CEMETERIES -MUNICIPAL 210.12.2 210.11.11 Rock backs-when permitted Rock backs will be permitted on upright markers.By-law 95-132,25 Sep- tember, 1995;By-law 2003-216,24 November,2003. 210.11.12 Inscriptions-family name, etc. Only family names or a text which is limited to scriptures,poetry or prose on the back of upright markers will be permitted and must be approved by the Manager of Cemeteries or designate.Photographic images or reproductions are permitted, subject to Section 210.11.13, and must be approved by the Manager of Cemeteries or designate. By-law 2003-216, 24 November, 2003. 210.11.13 Inscriptions- reproductions-photographic images Only those inscriptions,reproductions or photographic images which are an integral part of the upright marker shall be permitted.Acceptable methods of producing such photographic images or inscriptions are limited to etching, sandblasting,chiselling,or similar methods as maybe approved by the Man- ager or designate. No photograph or inscription may be attached by any other method or process.Photographs,reproductions,images or inscriptions of any other kind are prohibited. By-law 95-132,25 September, 1995. 210.11.14 Children's upright marker lots-dimensions On lots with dimensions of less than 0.914 m x 3.048 m(3 ft x 10 ft)and commonly referred to as"Children's Upright Marker Lots,"upright markers shall have maximum base dimensions of 0.762 m(2 ft 6 in)in length and 0.406 m(I ft 4 in)in width.Base thickness should be in the range of 0.152 m to 0.203 m(6 in to 8 in).Memorials may not exceed 0.914 m(3 ft)in height including base. This Section 210.11.14 shall not apply to cremation lots. By-law 2009-055,23 March,2009. Article 12 ERECTION OF UPRIGHT MARKER 210.12.1 Turf-protection Those persons engaged in the placing of,repairing of, or inscribing of up- right markers shall provide planking and/or other protective materials ade- quate to protect turf and shall remove materials and equipment immediately upon completion of the work.The site shall be left in a clean,orderly condi- tion. By-law 92-169, 13 July, 1992; Schedule W. 210.12.2 Upright marker-in disrepair If an upright marker or flush marker presents a risk to public safety because it is unstable,the Manager may do whatever is necessary by way of repairing, resetting or laying down the upright marker so as to remove the risk.By-law 92-169, 13 July, 1992; Schedule `A'; By-law 2003-216, 24 November, 2003. KITCHENER 210.27 AUGUST 2009 210.13.1 CEMETERIES -MUNICIPAL 210.14.1 Article 13 CREMORIAL GARDEN (WOODLAND CEMETERY) 210.13.1 General The provisions of this Article shall apply to Cremorial Garden(Woodland Cemetery).Where no contrary intention is expressed in this Article,the gen- eral provisions of this Chapter shall apply.By-law 2003-216,24 November, 2003. 210.13.2 Interment-placement of cremated remains Any interment or removal of cremated remains shall be performed by ceme- tery staff.The placement of cremated remains is limited to a total of four on a lot,with placement so that each grave on the lot has two cremations,whether they be interred on a grave or inurned in the memorial. The fees for such placements are as set out in the tariff of charges. By-law 95-132, 25 September, 1995. 210.13.3 Memorial markers 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 maxi- mumbase dimensions of 0.762 m(2 ft 6 in)length x 0.406 m(1 ft 4 in)width. Base thickness should be in the range of 0.152 m x 0.203 m(6 in to 8 in) thickness.Memorials may not exceed 0.914 m(3 ft)in height including the base.All upright memorials shall be set on a foundation installedby the cem- etery 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 in x 6 in)and shall be installed by the cemetery for a fee as set out in the tariff of charges. By-law 2009-055,23 March,2009. 210.13.4 Plantings-prohibited Private flower beds and evergreens are prohibited. By-law 2003-216, 24 November,2003. Article 14 ACACIA GARDENS (WOODLAND CEMETERY) 210.14.1 General The provisions of this Article shall apply to Acacia Gardens (Woodland Cemetery).Where no contrary intention is expressed in this Article,the gen- eral provisions of this Chapter shall apply.By-law 2003-216,24 November, 2003. AUGUST 2009 210.28 KITCHENER 210.14.2 CEMETERIES -MUNICIPAL 210.14.4 210.14.2 Interment-restriction-limitation On lots A-1 to A-26,B-1 to B-28,C-1 to C-27 and D-1 to D-27 up to two cas- ket burials will be permitted. When two such interments are made the first shall be made at a double depth level and the second at a standard depth level. All adult double depth interments must be made in a permanent burial vault. On cremation lots A-27 to A-50,B-29 to B-53, C-28 to C-52 and D-28 to D-51 only the interment of up to four cremated remains is permitted on any lot.On cremation lots A-51 to A-86,B-54 to B-102,C-53 to C-120 and D-52 to D-71 only the interment of up to two cremated remains is permitted on any lot.On cremation lots E-1 to E-15 only the interment of up to four cremated remains is permitted.All scattering of human remains will take place on lots A000, 13000, C000 and D000. By-law 2006-111, 8 May, 2006; By-law 2009-055,23 March,2009. 210.14.3 Memorialization On lots A-1 to A-50,B-1 to B-53,C-1 to C-52 and D-1 to D-51,the memo- rial permitted shall meet the following standards.The upright marker shall be a granite block/monolith measuring between 0.610 m(24 in)and 0.762 m (2 ft 6 in)in length,0.660 m(26 in)and 0.762 m(3 0 in)in height and shall be 0.203 m(8 in)in thickness.There will be no separate base for these upright markers.All upright markers will be set on a foundation installed by ceme- tery staff for a fee as set forth in the tariff of charges. Dowels(300 series stainless or equivalent)must be used to assist the upright marker in achiev- ing the 45.359 kg(100 lb)minimum standard.The positioning of the dowel must be shown/stated on the contract requesting the installation of the marker. On lots A-51 to A-86,B-54 to B-102, C-53 to C-120 and D-52 to D-71,one(1)all granite flush marker measuring 0.508 m x 0.305 m x 0.102 m(1 ft 8 in x 1 ft x 4 ft)plus or minus 0.013 m('/z in)will be permitted and in- stalled by cemetery staff at the foot end of each lot for a fee as set forth in the tariff of charges.On lots E-1 to E-15,one(1)all granite upright marker may be placed at the head end of each lot. Such upright markers shall be set on a foundation installed by cemetery staff for a fee as set forth in the tariff of charges.Upright markers will have a maximum base size of 0.762 m(30 in) in length x 0.406 m(16 in)in width x 0.152 m to 0.203 m(6 in to 8 in)in thickness.Upright markers may not exceed 0.914 m(36 in)in height includ- ing the base.Granite flush markers are permitted to memorialize those who have had their cremated remains scattered in this Section.The flush marker shall measure 0.508 m x 0.305 m x 0.102 m(1 ft 8 in x 1 ft x 4 ft)plus or mi- nus 0.013 m('/z in)in total length or width.All such flush markers shall be in- stalled by cemetery staff adjacent to the p athway in the quadrant in which the cremated remains where scattered for a fee as set forth in the tariff of charges. By-law 2003-216,24 November,2003;By-law 2009-055,23 March,2009. 210.14.4 Plantings-prohibited Private flower beds and evergreens are prohibited. KITCHENER 210.29 AUGUST 2009 210.15.1 CEMETERIES -MUNICIPAL 210.15.4 Article 15 SPRUCE GROVE GARDENS (WOODLAND CEMETERY) 210.15.1 General The provisions of this Article shall apply to Spruce Grove Gardens(Wood- land Cemetery).Where no contrary intention is expressed in this Article the general provisions of this Chapter apply.By-law 2003-216,24 November, 2003. 210.15.2 Lot-type Lots#1 to#18 are 1.828 m x 3.048 m(6 ft x 10 ft)and are designed as tradi- tional 2-grave flush marker lots.Lots#19 to#36 are 1.828 m x 3.048 m(6 ft x 10 ft)and are designed as traditional 2-grave upright marker lots.Lots#37 to #50 are 1.828 m x 1.524 m(6 ft x 5 ft) 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 ft x 3 ft)and are designed as cremation flush marker lots.By-law 2009-055,23 March,2009. 210.15.3 Interment-limitation Lots#1 to#36 allow one traditional interment per grave and a maximum of 6 interments per lot.Extra deep interments are not allowed in this Section.Lots #37 to#50 allow only cremation interments,to a maximum of per lot.Lots #51 to#73 allow a maximum of two urns per niche.Lots#74 to#143 allow only cremation interments to a maximum of two per lot.By-law 92-169, 13 July, 1992; Schedule`A'. 210.15.4 Memorialization-allowed On Lots#1 to#18,one all granite flush marker measuring 0.762 m(2 ft 6 in) x0.356m(lft2 in)0.356m(lft2 in)x0.762m(2ft6 in)x0.102m(4 in)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 dimen- sion of 1.219 m (4 ft) length x 0.406 m (1 ft 4 in) width. Base thickness Should be in the range of 0.152 m to 0.203 m(6 in to 8 in)thickness.The up- right marker may not exceed 1.07 m(3 ft 6 in)in overall height,including the base and must have a minimum thickness of 0.203 m (8 in). All upright markers shall be set on 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 in x 6 in).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 0.610 m x 0.305 m(2 ft x 1 ft)will be permitted.This marker will be centred at the foot end of the lot. By-law 2009-055,23 March,2009. AUGUST 2009 210.30 KITCHENER 210.15.5 CEMETERIES -MUNICIPAL 210.16.5 210.15.5 Plantings Private shrubs areprohibited.Private flowerbeds arepermitted on lots which allow an upright marker and must be installed by cemetery staff.There is no charge for this service. Such flowerbeds will be installed after the upright marker is in place. One approved vase is permitted on each lot/niche and must be installed by cemetery staff.By-law 2003-216,24 November,2003. Article 16 SECTION G, STONEY RIDGE, PROMONTORY POINT, SANCTUARY WOODS REFLECTION STONE AND BOULDER STONE LOTS (WILLIAMSBURG CEMETERY) 210.16.1 General The provisions of this Article shall apply to Section G,Stoney Ridge,Prom- ontory Point,Sanctuary Woods,Reflection Stone and Boulder Stone lots in Williamsburg Cemetery unless otherwise specified. Where no contrary in- tention is expressed in this Article,the general provisions of this Chapter will also apply to these areas. 210.16.2 Memorialization- upright markers One all granite upright marker may be placed on any designated upright cre- mation lot and shall be centred at the head end of the lot.The upright marker shall have maximum base dimensions of 0.762 m(2 ft 6 in)by 0.406 m(1 ft 4 in).Base thickness shall be in the range of 0.152 m to 0.203 m.(6 in to 8 in) thick.The marker may not exceed 0.914 m(3 ft)in height including thebase. 210.16.3 Upright marker-centred One all granite upright marker maybe centred at the head end of a designated traditional two grave lot.The marker shall be centred at the head end of the lot.Markers shall have a maximum base length of 0.762 m(2 ft 6 in).The marker may not exceed a maximum height of 0.914 m(3 ft)including the base. 210.16.4 Flush marker-cremation lot-size One all granite flush marker is permitted on each designated cremation flat marker lot.The marker shall be centred on the foot end of the lot and shall measure.610 m. x.305 m(2 ft x 1 ft). 210.16.5 Cremated remains-maximum 2 per lot The burial of a maximum of two cremated remains is permitted on Reflec- tion Stone and Boulder Stone lots. Cremated remains shall be located di- rectly adjacent to the Reflection or Boulder stone. The exact location of burial(s)will be at the discretion of the Manager. KITCHENER 210.31 JUNE 2011 210.16.6 CEMETERIES -MUNICIPAL 210.17.2 210.16.6 Lot embellishments- restrictions No lot embellishments of any kind will be permitted on Reflection Stone lots,Boulder Stone lots, or Stoney Ridge Wall lots. 210.16.7 Bronze dedication plaque-upon approval Subj ect to the approval of the Manager,one bronze dedication plaque will be permitted on Reflection Stone lots, Boulder Stone lots, or Stoney Ridge Walllots. 210.16.8 Tree planting-Sanctuary Woods On each Sanctuary Woods lot,one tree to be planted by cemetery staff at the head end of the lot will be allowed.The species of tree planted will be at the discretion of the Manager. 210.16.9 Marker requirements-Sanctuary Woods On each Sanctuary Woods lot, one pillow style upright memorial marker shall be permitted and shall be centred at the head end of the lot in front of the tree.The base shall be in a rock pitch design with maximum dimensions of .406 m x.406 m x.102 m(16 in x 16 in x 4 in),including a 0.051 m(2 in)pol- ished margin.The tablet shall be of a.102 m x.051 m(4 in x 2 in)slope faced design with maximum dimensions of.305 m x.305 m(12 in x 12 in). 210.16.10 Border material prohibited Border material of any type or nature is prohibited on all lots. By-law 2011-068,9 May,2011. Article 17 WILLOWS CREMATION GARDEN (WILLIAMSBURG CEMETERY) 210.17.1 General The provisions of this Article shall apply to Willows Cremation Garden (Williamsburg Cemetery). Where no contrary intention is expressed in this Article the general provisions of this Chapter shall apply.By-law 2003-216, 24 November,2003. 210.17.2 Interment-placement of cremated remains Any interment or removal of cremated remains shall be performed by ceme- tery staff.On an upright marker lot the interment of cremated remains is lim- ited to a total of four such interments.On a flush marker lot,the interment of cremated remains is limited to two such interments.The fees for such inter- ments are set out in the tariff of charges. By-law 99-198, 15 November, 1999. JUNE 2011 210.32 KITCHENER 210.17.3 CEMETERIES -MUNICIPAL 210.18.1 210.17.3 Memorialization- upright markers One all granite upright marker may be placed on any lot with the dimensions 1.524 m(5 ft)x 0.914 m(3 ft).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 ft 6 in)by 0.406 m(1 ft 4 in).Base thickness should be in the range of 0.152 m(6 in)to 0.203 m(8 in)thick.Upright markers may not ex- ceed 0.914 m(3 ft)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,in- scriptions or wording limited to scripture,poetry or prose is permitted on the back of an upright marker but due to section design may not be visible. 210.17.4 Memorialization-flush markers One all granite flush marker is permitted on a lot measuring 0.914 m(3 ft)by 0.914 m(3 ft)centred at the head end of the lot and shall measure 0.610 m x 0.305 m(2 ft x 1 ft)and shall be installed by cemetery staff for a fee as set out in the tariff of charges.By-law 2009-055,23 March,2009. 210.17.5 Repealed: By-law 2009-055,23 March,2009 210.17.6 Repealed: By-law 2003-216,24 November,2003 210.17.7 Private flower beds Private flower beds are allowed only on lots which permit an upright marker and will be installed adjacent to such marker by cemetery staff,upon request by the interment rights holder, once the upright marker has been installed. No such flower bed shall exceed 0.305 m(1 ft)in width and shall not en- croach on any abutting lot or public space. Any flower bed or part thereof contravening this Section shall be brought into conformity with this Section by cemetery staff without notice.The planting of private shrubs or trees(ev- ergreen or deciduous) is prohibited and will be removed and disposed of without notice.Border material of any type or nature is prohibited on all lots. By-law 99-198, 15 November, 1999; By-law 2003-216, 24 November, 2003. Article 18 CREMATORIUM AND DEDICATION CENTRE INTERIOR COLUMBARIUM UNITS (WILLIAMSBURG CEMETERY) 210.18.1 General The provisions of this Article shall to the Crematorium and Dedication Cen- tre Interior Columbarium Units(Williamsburg Cemetery). Where no con- trary intention is expressed in this Article the general provisions of this Chapter shall apply.By-law 2003-216,24 November,2003. KITCHENER 210.33 AUGUST 2009 210.18.2 CEMETERIES -MUNICIPAL 210.18.7 210.18.2 Cremation-proper documentation required No cremation shall be performed unless proper documentation and the re- lated application forms are completed in their entirety and received by the City of Kitchener Cemetery Office,including but not limited to,a coroner's cremation certificate, a burial permit, and a completed application for cremation required by the City. 210.18.3 Cremation- combustible container only The human remains will be cremated in the enclosed container or casket in which it is received.The casket or container must be constructed of wood,or other readily combustible material.Without limiting its right to refuse to cre- mate without assigning reasons,as provided by the Cemeteries Pict,no cre- mation of human remains enclosed in a casket or container made in whole or in part of asbestos,non-flammable materials,hazardous material,fibreglass, chlorinated plastic, fibre reinforced plastic, steel or any substance which may impair or cause damage to the cremation retort or cause difficulty in the cremation process is permitted.Whenever possible,non-combustible mate- rial affixed to the outside of the casket/container will be removed prior to cremation. 210.18.4 Cremation-with pacemaker-other-prohibited No cremation of human remains in which a pacemaker or radioactive device is implanted shall be performed. 210.18.5 Cremation- days not permitted No cremation shall be performed on Christmas Day, New Year's Day or Good Friday. 210.18.6 Cremation-fee The fees for cremations shall be as set out in the tariff of charges. 210.18.7 Dedication Centre-crematorium-all faiths The Dedication Centre and crematorium at Williamsburg Cemetery are available for committal services of all faiths provided that the services are conducted with reverence and decorum and the fees for such use shall be set out in the tariff of charges and provided that the City's Manager ofCemeter- ies reserves the right to refuse or limit the use of the Dedication Centre or the cremation retort and area, or access to the cremation retort area. By-law 99-198, 15 November, 1999. AUGUST 2009 210.34 KITCHENER 210.18.8 CEMETERIES -MUNICIPAL 210.18.11 210.18.8 Interment-placement of cremated remains- dedication centre interior columbarium units The placement of all cremated remains, and the opening and closing of niches shall be performed by cemetery staff for a fee as per the tariff of charges.In glass fronted niche units measuring 0.305 m(1 ft)x 0.305 m(1 ft),the interment of cremated remains is limited to one(1)such interment.In glass fronted niche units measuring 0.406 m(1 ft 4 in)x 0.305 m(1 ft),the in- terment of cremated remains is limited to two such interments.In all bronze fronted niche units,the interment of cremated remains is limited to a maxi- mum of two such interments. By-law 2000-46, 20 March, 2000; By-law 2009-055,23 March,2009. 210.18.9 Urns-dedication centre interior columbarium units- glass fronted niche units Urns composed of materials other than high quality,solid bronze,will not be permitted. Urns must not touch the front or sides of the niche. By-law 2000-46,20 March,2000. 210.18.10 Memorialization- dedication centre interior columbarium units-glass fronted niche units In glass fronted niche units measuring 0.305 m(1 ft)x 0.305 m(1 ft), one photoceramic portrait measuring 0.064 m(2 ft 6 in)x 0.079 m(3 1/8 in)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 ft 4 in)x 0.305 m(1 ft),two photoceramic portraits measuring 0.064 m(2 ft 6 in) x 0.079 m(3 1/8 in)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 Man- ager.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 stan- dard format approved by the Manager. With the approval of the Manager, the memorial inscription may be inscribed directly onto the surface of the urn.By-law 2009-055,23 March,2009. 210.18.11 Memorialization- dedication centre interior columbarium units-bronze fronted niche units Memorial inscriptions will be in the format of bronze lettering that will be applied to the bronze fronts by cemetery staff for a fee as per the tariff of charges and in the standard format approved by the Manager or designate KITCHENER 210.35 AUGUST 2009 210.18.12 CEMETERIES -MUNICIPAL 210.21.2 210.18.12 Embellishment- dedication centre interior columbarium units Embellishments of any kind except as herein allowed will be prohibited within the interior of the niche or on the niche front.Niche embellishments shall be deemed to include all structures, ornaments, or other decorations, which are placed in the niche or on the niche front. By-law 2000-46, 20 March,2000. Article 19 REQUEST FOR SERVICE 210.19.1 Repealed: By-law 2009-055,23 March,2009 Article 20 TARIFF OF CHARGES 210.20.1 Adoption- by Council Subject to the Cemeteries Pict and the regulations made thereunder, the Council may from time to time adopt a tariff of charges to regulate the fees and charges to be paid by persons purchasing interment rights in the said cemeteries or requiring service to be performed therein. Article 21 MANAGER OF CEMETERIES 210.21.1 Appointment The Council shall appoint a Manager of Cemeteries and assistants, as re- quired. 210.21.2 Duties The Manager of Cemeteries and assistants shall perform the following duties: (a) observe and carry out all of the provisions of this Chapter and of the Cemeteries Pict; (b) make all interments,open and close all crypts and niches in the City cemeteries; (c) attend all funerals held in the cemeteries and fill in all graves af- ter interments; (d) attend to the regular and proper maintenance of the cemeteries; and AUGUST 2009 210.36 KITCHENER 210.22.1 CEMETERIES -MUNICIPAL (e) perform such other duties as the City Council may from time to time require. Article 22 ENFORCEMENT 210.22.1 Repealed: By-law 2009-055,23 March,2009 Article 23 ENACTMENT 210.23.1 Registrar approval-required This Chapter shall come into force and take effect upon being filed and ap- proved by the Registrar appointed pursuant to the Cemeteries Pict. By-law 99-198, 15 November, 1999. 210.23.2 Registrar approval-received Approval of By-law 99-198 was received from the Registrar, Cemeteries Branch,Ministry of Consumer and Commercial Relations on February 28, 2000,File#Mount Hope 4523,St,Peter's Lutheran 4524,Woodland 4525, Bridgeport 4528 &Williamsburg 4533. 210.23.3 Effective date- approval-required The amending By-law 2000-46 shall come into force and take effect upon approval of By-law 99-198 of The Corporation of the City of Kitchener by the Registrar appointed pursuant to the Cemeteries Pict;and being filed with and approved by the Registrar appointed pursuant to the Cemeteries Pict. Approval received- September 1,2000 By-law 2000-46 was approved by the Ministry of Consumer and Commer- cial Relations on September 1,2000;File No.4533. Approval received-January 22,2003 By-law 2003-216 and By-law 2003-229 were approved by the Ministry of Consumer and Commercial Relations on January 22,2003,File No.04523. Approval received-September 29,2006 By-law 2006-111 was approvedby the Ministry of Consumer and Commer- cial Relations on September 29,2006,File No. 04523. Approval received-June 30,2009 By-law 2009-055 was approved by the Ministry of Consumer and Commer- cial Relations on June 30,2009.File No. 04523. KITCHENER 210.37 AUGUST 2009 CEMETERIES -MUNICIPAL Approval received-June 30,2011 By-law 2011-068 was approved by the Ministry of Consumer and Commer- cial Relatons on June 30,2011.File No. 04523. JUNE 2011 210.38 KITCHENER