§ 2-605. Care of cemeteries; limitation of liability; responsibilities of city; responsibilities of public.

(a) The city shall endeavor at all times to provide general maintenance and care to the municipal cemeteries.

(b) The city shall take all reasonable precautions to protect cemetery lot owners and the property rights of cemetery lot owners from loss or damage, but the city shall not be liable, and disclaims all responsibility, for loss or damage to property or rights of lot owners arising from causes beyond its reasonable control including, but not limited to, damage caused by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, whether the damage be direct or collateral.

(c) When cemetery fees are insufficient for the perpetual care of the municipal cemeteries, the cost associated with such perpetual care shall be borne by the taxpayers of the city and includes the cutting and irrigation of the grass at reasonable intervals, the raking and cleaning of the grounds, the pruning of shrubs and trees, and the maintenance of pathways and roadways. Perpetual care by the city shall in no case mean the maintenance, repair or replacement of any memorial, tomb or mausoleum placed or erected upon lots by persons, firms or corporations; nor the doing of any special or unusual work in the cemeteries, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any marble or granite work in any section or portion of a cemetery damaged by the elements, an act of God, thieves, vandals, malicious mischief-makers, or unavoidable accidents, whether the damage be direct or collateral.

(d) Those members of the public honoring their loved ones must realize that anything that prohibits the city from fulfilling its commitment to care for the municipal cemeteries or adds undue cost for the taxpayers shall not be allowed. It shall be the responsibility of those honoring their loved ones to observe the cemetery rules and regulations, to place items permitted well within the spaces allowed, and to remove perishable items when they are no longer performing their role in beautifying the grave site; i.e., dead flowers, faded and weathered artifacts, and similar items.

(Ord. No. 2009-32, § 1, 12-15-09; Ord. No. 2015-05, § 1, 08-04-15)