§ 2-635. Disinterment.

(a) Although removal contrary to the expressed or implied wish of the original owner of the burial space shall not be allowed, a body or cremated remains may be removed from the original burial space to another burial space within the cemetery at the request of the surviving spouse or heirs when there has been an exchange or purchase of a burial space for that purpose. A disinterment at the request of the surviving spouse or heirs shall be arranged by a funeral director and shall be the responsibility of the funeral director.

(b) A disinterment directed by the order of a court of competent jurisdiction shall be the responsibility of the person, firm or corporation requesting the court order.

(c) A disinterment directed by a medical examiner for the purpose of holding an inquest shall be the responsibility of the medical examiner or his lawful agents.

(d) All disinterments shall be subject to the same rules and regulations established by this article for interments. All disinterments for the purpose of removing the remains from the cemetery shall, in addition, require a transit permit signed by the appropriate public authority.

(e) As provided in section 2-604, paragraph (g), the city may perform a disinterment to correct an error in interment and may transfer the remains erroneously interred to the correct burial space or to another burial space of equal value and similar location as may be substituted and conveyed in lieu thereof.

(Ord. No. 2009-32, § 1, 12-15-09)