HomeMy WebLinkAboutBy-law No. 2006-111 - Amend c.210 - Cemetaries - Municipal~ ~~ The Ministry of Government Services -Cemeteries
Regulation approved By-law No. 2006-111 on
September 29, 2006 -File 04523.
BY-LAW NUMBER '~ ~lQrp _ I i'
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 210 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 130/92 under the Cemeteries Act (Revised);
NOW THEREFORE the Council of The Corporation of the City of Kitchener hereby enacts as
follows:
1. Article 2 of Chapter 210 of The City of Kitchener Municipal Code is amended by adding the
following section thereto:
"210.2.15 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 material."
2. Section 210.7.5 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting "4:30 p.m." and substituting "4:00 p.m." therefor.
3. Section 210.7.9 of Chapter 210 of The City of Kitchener Municipal Code is hereby repealed and the
following is substituted therefor:
"210.7.9 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. Cremation interments are
permitted on adult grave spaces to a maximum of two, where there are existing
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adult burials on the same lot. A maximum of three cremated remains is permitted on
an adult grave space, where no traditional adult burial has occurred. Cremated
remains that have been interred may not be recoverable. This Section shall apply to
Mount Hope Cemetery, to all of Woodland Cemetery with the exception of those lots
designated as single grave upright marker lots where only one standard burial and a
maximum of two cremated remains burials are permitted. 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."
4. Section 210.7.18 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting "No person, save for cemetery staff, shall be present at a scattering without first having
signed and provided to the Manager a request in the prescribed form." and substituting "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." therefor.
5. Section 210.9.8 of Chapter 210 of The City of Kitchener Municipal Code is hereby repealed and the
following substituted therefor:
"210.9.8 Private shrubs (evergreens and deciduous) are only permitted in approved, upright
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 removed with out
notice. All tree and shrub plantings are subject to the approval of the Manager and
are carried out by 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."
6. Section 210.9.10 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "first day of May" wherever it occurs and substituting "15~h day of April" therefor.
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7. Section 210.10.2 of Chapter 210 of The City of Kitchener Municipal Code is hereby repealed and
the following substituted therefor:
"210.10.2 All flush markers shall be constructed wholly of granite with the exception of
memorial plaques and temporary bronze plaques of remembrance or other markers,
all as approved by the Manager or designate."
8. Section 210.10.5 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting the words "at Woodland Cemetery, in Sections "I", Extension "I", "J" and Sections "P", "E"
and "2M".
9. Article 10 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by adding the
following sections thereto:
"210.10.12 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 embellishments will be
permitted only to the base of the upright marker. Embellishments must be listed on
the foundation request form and are subject to the approval of the Manager.
210.10.13 Lots 373 to 434, inclusive, in Section 2E at Woodland Cemetery shall be designated
as single grave flat marker lots. The approved marker shall be centered at the head
end of the lot."
10. Section 210.11.1 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
adding the following sentence "All monuments are subject to the approval of the Manager or
designate." thereto.
11. Section 210.11.4 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting "The foundation may not be less than 1.37m (54") below the surface of the ground. Such
foundations to be constructed by cemetery staff and paid for by the person(s) ordering the
foundation or marker at the rate as set forth in the tariff of charges." therefrom.
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12. Article 11 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by adding the
following section thereto:
"210.11.14 On lots with dimensions less than 3.048m x 0.914m (10' x 3'), and commonly
referred to as "Children's Upright Marker Lots", upright markers shall have
maximum base dimension of 0.762m (30") in length, 0.406m (16") in width, 0.152m
x .203m (6" x 8") in thickness. Memorials may not exceed 0.914m (36") in height
including the base. This section 210.11.14 shall not apply to cremation lots."
13. Section 210.14.2 of Chapter 210 of The City of Kitchener Municipal Code is hereby repealed and
the following is substituted therefor:
"210.14.2 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 casket
burials will be permitted. When two such interments are made the first shall be
made at the double depth level and the second at the standard depth level. All adult
double depth interments must be made in a permanent burial vault. 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. 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, B000, 0000 and D000."
14. Section 210.16.6 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting the words and punctuation "One bronze dedication plaque will be permitted," and
substituting "One bronze dedication plaque attached to a Reflection Stone will be permitted,"
therefor.
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15. Section 210.16.7 of Chapter 210 of The City of Kitchener Municipal Code is hereby deleted in its
entirety.
16. Section 210.16.8 of Chapter 210 of The City of Kitchener Municipal Code is hereby amended by
deleting the last sentence "The bronze dedication plaque is subject to the approval of the Manager
of Cemeteries or designate." and substituting "The upright memorial permitted is one 'Pillow' style
marker, centered 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 .406m x .406m x .102m (16" x 16" x 4"), includes a .051 m (2")
polished margin. The tablet shall be of a .102m x .051 m (4" x 2") slope faced design with maximum
dimensions of .305m x .305m (12" x 12")." therefor.
17. This By-law shall come into force 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
2006.
Mayor
Clerk