HomeMy WebLinkAboutCSD-09-015 - Cemetery Bylaw Revisions 20091
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Community Services
REPORT
Report To: Community Services Committee
Date of Meeting: March 2, 2009
Submitted By: Kim Kugler, Director, Enterprise Division 2393
Prepared By: Lorelei Eckel-Braun, Manager Cemeteries 2964
Ward(s) Involved: All
Date of Report: February 18, 2009
Report No.: CSD 09-015
Subject: CEMETERY BY-LAW REVISIONS 2009
RECOMMENDATION:
That the draft by-law dated February 18, 2009, attached to CSD 09-015 be adopted in
order to amend Chapter 210 (Cemeteries -Municipal) of the City of Kitchener municipal
code and further;
That staff be directed to forward the amending by-law to the Registrar appointed
pursuant to the Cemeteries Act (Revised) for approval.
REPORT:
The proposed by-laws have been drafted to facilitate several changes. These changes are
primarily housekeeping in nature and designed to reflect a simplification in wording for easier
maintenance of the by-laws, eliminate duplication and to assist customers to understand the
intent of the by-laws.
• Section 213.1.1 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "in Woodland Cemetery" thereto.
• Section 213.1.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• Section 213.2.6 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"Section 213.2.6
Only ceramic or porcelain photographic images are permitted. Any frame that is used must
be approved by the Manager."
• Section 213.2.7 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "3.0 inches in height or 2.5 inches in width" and substituting "0.076 m (3") in
height or 0.063m (2.5") in width" therefor.
• Section 213.4.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"Section 213.4.5
Fresh flowers and potted plants are strictly prohibited within the interior and exterior of the
Garden of Hope Mausoleum and at the memorial stand located adjacent to the Garden of
Hope Mausoleum."
• Section 213.4.7 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• Section 213.4.8 of The City of Kitchener Municipal Code is hereby amended by deleting
the sentence "Potted plants may be placed at the memorial stand located adjacent to the
Garden of Hope mausoleum."
• Section 213.4.9 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following is substituted therefor:
"213.4.9
Only ceramic or porcelain photographic images are permitted and any frame used must be
approved by the Manager."
• Section 213.4.17 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "2.75 inch" and substituting "0.070 m (2.75")" therefor.
• Section 213.4.18 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "2.50 inches" and substituting "0.064 m (2.5")" therefor, by deleting the
measurement "1.25 inches" and substituting "0.032 m (1.25")" therefor, and by deleting the
measurement "1.00 inch" and substituting "0.025m (1 ")" therefor.
• Section 213.4.20 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "2.5 inches" and substituting "0.064 m (2.5")" therefor and by deleting
the measurement "2 inches" and substituting "0.051 m (2")" therefor.
• Sections 213.4.22 and 213.4.23 of The City of Kitchener Municipal Code are hereby
deleted in their entirety.
• 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).
• 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
his/her sole discretion request that any animal be removed from Cemetery property and
such request shall be complied with forthwith"
• 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 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, 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."
• 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 all inscriptions not to the City's
satisfaction at the expense of the person who made, or caused to be made, the
inscription."
• 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.
• Section 210.4.6 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• 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".
• Section 210.5.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and Article 5 is hereby designated "Reserved".
• Section 210.7.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• 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."
• Section 210.7.7 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• 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 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."
• Section 210.7.14 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "in the Mausoleum".
• Section 210.7.16 of The City of Kitchener Municipal Code is hereby amended by deleting
the words "for the use of the Mausoleum".
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.
• 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.
• Section 210.9.7 of 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.
• 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.
• 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 for all flat markers within this by-law, 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").
• 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.
• 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.
• 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.
• Section 210.10.8 of The City of Kitchener Municipal Code is hereby deleted in its entirety
and the following 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 0.279 m x 0.152 m x 0.102 m (11" x 6" x 4") on a 0.610 m x 1.372
m (2' x 4' 6" lot designated for children and cremated remains, the approved flush marker
size shall be0.508mx0.305m(1'8"x1')ona0.914mx1.829m(3'x6')Iot,0.914mx
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 0.762mx0.356mx0.102m(2
'/2'x1,2"x4„)„
• 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.
• 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-law, 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 and the thickness of the marker shall be the same"
• 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.
• 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 exceeding
1.829 m (6') in height, including the base, shall not be less than 0.203 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."
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.
• 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 not exceed 0.914 m (3') in height
including base. This Section 210.11.14 shall not apply to cremation lots."
• 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."
• Section 210.14.2 of The City of Kitchener Municipal 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."
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.
• 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."
• 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 0.152 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 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" 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 0.610 m x 0.305 m (2' x 1') will
be permitted. This marker will be centred at the foot end of the lot."
• 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.
• Section 210.16.2 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') length. The marker may not exceed 1.219 m (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."
• Section 210.16.3 of The City of Kitchener Municipal Code 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.
• 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.
• 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 (8") 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 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."
• 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 installed by cemetery staff for a fee as set out in the tariff of charges."
• Section 210.17.5 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• Section 270.18.8 of The City of Kitchener Municipal Code is hereby amended by deleting
the measurement "0.3048 m (12") x 0.3048 m (12")" and substituting "0.305 m (1') x 0.305
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.
• 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 1/8") 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 1/8") 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."
• Section 210.19.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
• Section 210.22.1 of The City of Kitchener Municipal Code is hereby deleted in its entirety.
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).
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATION:
The public has been notified of proposed changes through signage posted at the entrances to
all City of Kitchener Cemeteries and through a notice in the Record dated December 6, 2008.
The local monument dealers have received copies of the proposed draft by-laws.
CONCLUSION:
That the changes to the Cemetery by-laws be adopted and that they be forwarded by staff to the
Registrar appointed pursuant to the Cemeteries Act (Revised) for approval.
Kim Kugler, Director Enterprise Division