Vancouver City Council |
ADMINISTRATIVE REPORT
Date: July 14, 2003
Author/Local: G. Hodges/604.325.2623RTS NO. 03442
CC File No. 113/5127
Meeting Date: July 29, 2003
TO:
Vancouver City Council
FROM:
Manager of Mountain View Cemetery in consultation with the Director of Legal Services
SUBJECT:
Mountain View Cemetery By - law
RECOMMENDATION
THAT Council approve enactment of the proposed new Mountain View Cemetery By-law, including the fee schedule attached to it as Schedule B, generally as outlined in Appendix A of this report to implement the recommendations contained in the February 28, 2000 Master Plan and Implementation Report, and approved by Council on March 7, 2001, with the exceptions as noted in this report;
FURTHER THAT Council instruct the Director of Legal Services to prepare the proposed new Mountain View Cemetery By-law, generally in accordance with Appendix A for consideration by Council.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services supports the foregoing, noting that enactment of the new By-law is the first step in the implementation of the Mountain view Cemetery Master Plan and is necessary to allow the City to collect increased revenue as per Council's instruction in the 2003 budget approval.
COUNCIL POLICY
City Council has resolved that every department/board review services for which fees are now charged to ensure full cost recovery, or that fees are equivalent to competitive charges where the fee is of a market nature.
PURPOSE
This report recommends adoption of the new Mountain View Cemetery By-law, subject to the approval of the Registrar of Cemetery and Funeral Services. The By-law includes changes resulting from the Mountain View Cemetery Master Plan and Council recommendations from March 7, 2000 with some exceptions as noted in this report.
BACKGROUND
Mountain View Cemetery has been owned and operated by the City of Vancouver since 1887. The 106 acre site borders Fraser Street from 31st Avenue to 41st Avenue and extends as far west as Prince Edward Street. With over 145,000 interred remains it is the only cemetery within the limits of Vancouver.
All cemeteries in the Province of British Columbia are governed by the Cemetery and Funeral Services Act. This Act is under the Ministry of Public Safety and Solicitor General. The Minister appoints a Registrar in the Department of Consumer Services to administer and enforce the Act. The Registrar regulates the operation of funeral services, interment facilities, cemeteries and crematoria in the Province through the issuance of licenses and certificates. The Act requires municipalities to adopt By-laws, approved by the Registrar, that govern administration of operation of their cemetery; rights and privileges of the operator; rates and charges; and the size, type and materials used for memorials. The Act also regulates the establishment and management of care funds. These funds are mandatory and the interest earned is to be used only for the upkeep and repair of a cemetery.
The cemetery currently operates under By-law No. 4162. On December 10, 1985, Council approved the closure of Mountain View Cemetery for the sale of new burial space effective April 1, 1986. Only burials in spaces purchased prior to 1986 continued and are the primary source of current revenues. Since the closure the only changes to the By-law have been to update the schedule of fees. The most recent amendment was in August of 1998.
The Mountain View Cemetery Master Plan was approved in principle by Council in March 2000. At the same time, a report was approved by Council recommending amendments to the Cemetery By-law. These amendments were required to implement recommendations contained in the Master Plan Implementation Report. Subsequently, the Director of Legal Services decided, given the extent of the changes, to prepare a new by-law in a more modern format.
On July 23, 2002, Council approved the award of a contract to E. Lees and Associates Consulting Ltd. to develop the design, capital budget and financial plan for the first area within Mountain View Cemetery. This initial design project is nearing completion and will be presented to Council under separate report in the next few months.
DISCUSSION
The Cemetery By-law has not had a substantive change since the 1960's. Changes since that time have been limited to gender neutralization, the closure in 1986 and infrequent changes to the fees. Variations form the February 2000 report and other major changes to the By-law are noted below.
CEMETERY COMMITTEE
The proposed new By-law will initiate the establishment of a cemetery committee. This addition will allow operational efficiency by permitting staff to make minor decisions affecting the day-to-day operation of the cemetery. This committee, through sections 331 and 332 of the Vancouver Charter, will be delegated the executive and administrative powers by Council to implement, amend, and repeal terms and conditions applicable to the cemetery that are not inconsistent with the By-law. The committee is to be comprised of the Cemetery Manager, Director of Non-Market Operations and the General Manager of Community Services for the city. The terms and conditions will be titled "Mountain View Cemetery Rules". These rules will deal primarily with operational issues and memorial regulations. A copy of the proposed cemetery rules is included, for Council's information, in Appendix B. Please note that, under section 161 of the Vancouver Charter, appointment of this committee requires a vote of not less than two-thirds of Council members.
RESTRICTION ON THE SALE OF GRAVES
The existing By-law allows for the private sale of graves from one individual to another and simply requires the transfer to be registered with the cemetery office and payment of a small fee. With sales of new lots ceasing in 1986, the private market for grave space in Mountain View cemetery escalated to thousands of dollars. Many of these graves were purchased decades ago at prices below one hundred dollars. In addition many of these graves were purchased without any contribution to the perpetual care fund.
Most municipal cemetery bylaws restrict the sale of lots from one individual to another. This restriction is primarily based on the rationale that the taxpayers have subsidized the cost of maintaining the graves and that any increase in the value of the grave should accrue to the taxpayer, not the grave owner or their descendants. Acknowledging the need for families to transfer interest in graves within the family, these specific family transfers are permitted at nominal fees. An option to surrender the grave to the cemetery for a partial refund is also provided. Similar provisions have been made in the proposed Mountain View Cemetery By-law.
FEES
The By-law also includes an updated fee schedule. Since no new space is yet available for sale only the fees for current services are being addressed presently in the By-law. These fees deal with interment and the placement of memorials in the cemetery. Future amendments to the fee schedule will be brought forward once the cemetery has developed new space and is ready to begin selling new licenses.
The cemetery fees were last updated in August 1998. To enable comparison to other market rates, a survey of fees from other municipal cemeteries in the Lower Mainland and Victoria was compiled. While private cemeteries also provide comparable cemetery services, they are not obligated to provide fee information. From those municipal cemeteries who responded, a comparison was used to establish fees for Mountain View Cemetery.
Cost recovery is a council policy and key to the planned improvements for the cemetery. Affordability for Vancouver's citizens is also a concern. Because not all municipal cemeteries fully recover their costs from fees, making comparisons is difficult. Therefore staff are proposing fees that are above the average but below the maximum being charged by other municipal cemeteries. The fees as proposed will yield total annual revenue of $233,800. This is the amount that was identified in the 2003 budget process which included an increase of $33,000. A comparison of the existing and proposed fees to average municipal fees is provided in Appendix C.
While the fee schedule in the By-law will eventually include all fees for licenses and products or services that can only be purchased from the cemetery, the cemetery committee will have authority to determine other prices for optional products and services. This will allow for a more responsive and business-like pricing structure on additional items that the consumer may desire.
CEMETERY BY-LAW RECOMMENDATIONS IN MARCH 2000 REPORT
The specific recommendations proposed by staff in the March 2000 report and approved by Council have been included in the proposed new By-law with one exception. Generally these changes provide for the sale of Licenses to Use the Cemetery, restrictions on license transfers, and new language to allow for a variety of new interment and memorialization options. The only change to the recommendations in the 2000 report is to the limit on the number of pre-need Licenses available for sale. The recommendation in that report was to limit the number of pre-need licenses to 200 per year.
Analysis done by staff and the consultant as part of the first area design project indicates that the number of reclaimed graves estimated in the Master Plan cannot be realized. Further, expanding the reclamation to areas outside of the current design area would negatively impact the potential alternate uses as suggested in the Master Plan. These uses include columbaria, mausoleums, tree planting sites and other memorialization options.
As a result, staff are proposing that the sale of casket grave space not be included as part of the first development project. The future sale of casket grave space will occur in the context of the Master Plan as additional areas are designed. The development report being prepared for council will include more detail on this area.
Once Council has approved the proposed new Mountain View Cemetery By-law ,it will be submitted to the Registrar for approval after which Legal Services will give the By-law to Council for enactment.
FINANCIAL IMPLICATIONS
Approval of the fees as identified in this report will bring the cemetery fees to existing market levels and will enable the cemetery to meet the budget targets.
COMMUNICATION PLAN
The changes in fees will be faxed to all local funeral homes and monument companies advising them of the changes. In addition, copies of the By-law including the fee schedule will be posted and available from the cemetery office.
CONCLUSION
The enactment of the proposed new By-law is necessary for the current operation of the cemetery and does not compromise the future implementation of the Master Plan. The updated fees and other changes will provide for a modern cemetery by-law comparable to other municipal cemeteries and enable the cemetery to continue to serve the public. While the proposed By-law has provisions for the sale of new space, products and services, future amendments to the fee schedule will be required once these new items have been developed and are ready for sale.
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APPENDIX A
CITY OF VANCOUVER
BRITISH COLUMBIAMOUNTAIN VIEW CEMETERY BY-LAW NO. _____
MOUNTAIN VIEW CEMETERY BY-LAW
TABLE OF CONTENTS
PART 1
INTERPRETATION1.1 Name of By-law
1.2 Definitions
1.3 Table of contents
1.4 SchedulesPART 2
CEMETERY OPERATION2.1 Board of trustees
2.2 Designation of cemetery manager
2.3 Duties of cemetery manager
2.4 Appointment of cemetery committee
2.5 Functions of cemetery committeePART 3
LICENCES3.1 Application for licence
3.2 Issuance of licence
3.3 Disposition of licence
3.4 Prohibition on advertising
3.5 Surrender of licence
3.6 Refund after surrender of licence
3.7 Replacement of lost licence
3.8 No acquired rightsPART 4
RESERVED AREAS4.1 Application for reserved area
4.2 Contract for reserved areaPART 5
MAUSOLEA AND COLUMBARIA5.1 Application for family mausoleum or columbarium
5.2 Contract for family mausoleum or columbariumPART 6
INTERMENTS6.1 Restrictions on interment
6.2 Application for interment
6.3 Consent to interment
6.4 Interment regulationsPART 7
USE OF LOTS7.1 Preparation of lot
7.2 Number of interments permitted in gravePART 8
MEMORIALS8.1 Use of memorials
8.2 Application for memorial
8.3 Refusal of permit
8.4 Requirements for memorials
8.5 Common graves
8.6 Fields of Honour
8.7 Restrictions in Fields of HonourPART 9
SURRENDER OF LOTS9.1 Prohibition on disposition of occupied lot
9.2 Surrender of occupied lot
9.3 Compensation for surrendered lot
9.4 Re-use of surrendered lotPART 10
FINANCIAL MATTERS10.1 Care fund
10.2 Fees and prices
10.3 Processing fees
10.4 Proof of residencyPART 11
CEMETERY REGULATIONS11.1 Public hours
11.2 Applications
11.3 Solicitations and advertisements
11.4 Care of a lot
11.5 Prohibition on use of a lot
11.6 Adornment of a lot
11.7 No responsibility for adornment
11.8 Removal of adornments and other personal property
11.9 Disposition of adornments and other personal property
11.10 Behaviour in cemetery
11.11 Motor vehicle regulations
11.12 Eviction from cemetery
11.13 Notices
11.14 PlansPART 12
ENFORCEMENT12.1 Offences against by-law
12.2 FinesPART 13
MISCELLANEOUS13.1 Repeal
13.2 Force and effectSCHEDULES
Schedule A - Legal Description of Mountain View Cemetery
Schedule B - Fees and PricesBY-LAW NO. _____
A By-law for the operation of Mountain View cemetery
THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:
PART 1
INTERPRETATIONName of By-law
1.1 The name of this By-law, for citation, is the "Mountain View Cemetery By-law".
Definitions
1.2 In this By-law:
"cemetery" means the land and structures known as Mountain View Cemetery, described in Schedule A, that the city owns and operates for interment and related purposes;
"cemetery committee" means the committee appointed by Council under section 2.4;
"cemetery manager" means any person Council appoints or employs to operate the cemetery, and any person Council or the cemetery manager authorises to act as the cemetery manager's deputy or assistant;
"cemetery rules" mean those terms and conditions passed by resolution of the cemetery committee from time to time under section 2.5;
"columbarium" means a structure that contains niches;
"cremated remains" mean human bone fragments that remain after cremation of a deceased human body;
"crypt" means a space for entombing human remains;
"family member" means a parent, step parent, grandparent, step grandparent, spouse, common law spouse, same sex spouse, or natural, adopted or step sibling, child, or grandchild;
"grave" means a space in the ground for burying human remains or cremated remains;
"human remains" mean a deceased human body but do not include cremated remains;
"inter" means the act of interment;
"interment" means the burial of human remains or cremated remains in a grave, the entombment of human remains in a crypt, or the placing of cremated remains in a niche;
"licensee" means an individual who holds a licence under section 3.2 or a family member to whom an individual has disposed of a licence under section 3.3;
"lot" means a grave, crypt, or niche designated by number or name;
"mausoleum" means a structure that contains crypts;
"memorial" means the identification of a lot or the memorialisation of human remains or cremated remains by way of a marker, headstone, tombstone, monument, plaque, plate, inscription, lettering, ornamentation, lettering, memorial wall, bench, tree, boulder, or other feature or means;
"niche" means a space for placing a receptacle that contains cremated remains;
"representative" means an individual who has the right of priority to control the disposition of human remains under the Cemetery and Funeral Services Act of British Columbia, and an individual who has the same order of priority for the disposition of cremated remains; and
"working day" means every calendar day that is not Saturday or a holiday.
Table of contents
1.3 The table of contents is for information only, and is not for use in interpreting or enforcing this By-law.
Schedules
1.4 The attached schedules form part of this By-law.
PART 2
CEMETERY OPERATIONBoard of trustees
2.1 Council establishes itself as the board of cemetery trustees for the cemetery.
Designation of cemetery manager
2.2 Council may appoint or employ a cemetery manager to operate the cemetery.
Duties of cemetery manager
2.3 The cemetery manager must:
(a) take care of the cemetery;
(b) supervise the operation and maintenance of the cemetery, all works within the cemetery, and agents, employees, and contractors who work at the cemetery; and
(c) establish and maintain all records for the operation of the cemetery that a prudent and efficient cemetery manager would establish and maintain including those records required by Council.
Appointment of cemetery committee
2.4 Council appoints a committee to consist of the Cemetery Manager, Director of Non-Market Operations, and General Manager of Community Services for the city.
Functions of cemetery committee
2.5 Council:
(a) delegates to the cemetery committee the executive or administrative powers exercisable by Council under sections 331 and 332 of the Vancouver Charter to the extent the cemetery committee's exercise of such powers is not inconsistent with this By-law;
(b) delegates to the cemetery committee the powers specifically mentioned in this By-law;
(c) empowers the cemetery committee to order or direct, or give notice to, any person to discontinue or refrain from doing anything that is in contravention of this By-law or the cemetery rules; and
(d) directs the cemetery committee to exercise its powers implementing, amending, and repealing terms and conditions applicable to the cemetery by resolution carried by majority vote of all members of the committee.
PART 3
LICENCESApplication for licence
3.1 An individual who wishes to acquire a licence to reserve the exclusive use of a vacant and unlicensed lot must apply to the cemetery manager.
Issuance of licence
3.2 Subject to this By-law and the terms of the licence, issuance of the licence gives the applicant the right to exclusive use of the lot designated in the licence for the purpose only of interment.
Disposition of licence
3.3 A licensee must not dispose of a licence unless:
(a) the licensee applies to the cemetery manager for approval of the disposition;
(b) the licensee satisfies the cemetery manager that the disposition is to a family member; and
(c) the cemetery manager approves the disposition by endorsement on the licence.
Prohibition on advertising
3.4 A licensee or other person must not advertise or publicise that a lot is available for disposition.
Surrender of licence
3.5 A licensee may surrender a licence to the cemetery manager if:
(a) there are no interments in the lot designated in the licence;
(b) the licensee applies to the cemetery manager to surrender the licence;
(c) the cemetery manager approves the surrender; and
(d) there are no memorials on the lot.
Refund after surrender of licence
3.6 If the cemetery manager accepts a surrender of a licence under section 3.5, the cemetery manager must refund to the licensee an amount equal to the licence fee originally paid for the licence less the aggregate of that portion of the original licence fee stipulated as a contribution to the care fund referred to in section 10.1, that portion, if any, of the original licence fee stipulated as the non-resident fee, and an administrative fee equal to 25% of the original licence fee.
Replacement of lost licence
3.7 A licensee who loses a licence must by apply to the cemetery manager to replace it, and must satisfy the cemetery manager that the licensee has the right to the licence. The cemetery manager may state on the licence that it is a replacement.
No acquired rights
3.8 Acquisition of a licence for the exclusive use of a lot does not vest in the licensee any right, title, or interest in the lot.
PART 4
RESERVED AREASApplication for reserved area
4.1 An organization that wishes to acquire a contract to reserve the use of a particular number of contiguous vacant and unlicensed lots exclusively for the interment of deceased members of the organization must apply to the cemetery manager.
Contract for reserved area
4.2 A reserved area contract between the city and an organization referred to in section 4.1 must be satisfactory to the cemetery committee.
PART 5
MAUSOLEA AND COLUMBARIAApplication for family mausoleum or columbarium
5.1 An individual who wishes to acquire a contract to reserve the exclusive use of a particular number of contiguous vacant and unlicensed grave lots for construction on them of a mausoleum or columbarium for use exclusively for the interment of the applicant and applicant's family members must apply to the cemetery manager.
Contract for family mausoleum or columbarium
5.2 A family mausoleum or columbarium contract between the city and an individual referred to in section 5.1 must be satisfactory to the cemetery committee.
PART 6
INTERMENTSRestrictions on interment
6.1 A person may inter in the cemetery only human remains in a grave or crypt or cremated remains in a lot.
Application for interment
6.2 A deceased's representative must apply to the cemetery manager for permission to inter human remains or cremated remains at least one working day before the day of interment unless:
(a) the law requires shorter notice;
(b) the interment practices of a religious denomination require a shorter time before interment, and the cemetery manager consents to shorter notice; or
(c) the cemetery manager is able to accommodate an interment on shorter notice.
Consent to interment
6.3 If the cemetery manager consents to an interment, the deceased's representative may inter the deceased according to the requirements of this By-law and the cemetery rules.
Interment regulations
6.4 An interment procession and interment service may take place only under the supervision of the cemetery manager, on any working day during the hours prescribed by the cemetery rules, and in a manner consistent with the dignity of the cemetery and according to general community standards.
PART 7
USE OF LOTSPreparation of lot
7.1 Unless this By-law, the cemetery rules, a reserved area contract, or a family mausoleum or columbarium contract otherwise requires or permits:
(a) only the city's employees, agents, or contractors may perform work on a lot, mausoleum, or columbarium including digging a grave, opening or preparing a grave, niche or crypt, lowering a casket, constructing foundations, installing grave liners, vaults, cover plates or front pieces, or installing or removing memorials;
(b) despite subsection (a), if a person other than the cemetery manager supplies a liner or vault, the cemetery manager may require the supplier of the liner or vault to install it in the lot under the supervision of the cemetery manager; and
(c) only the cemetery manager may supply materials and equipment, including artificial grass, lowering devices, and tents, for use in interments unless the cemetery manager does not stock a particular item and the cemetery manager consents to another person supplying that item.
Number of interments permitted in grave
7.2 A grave must hold no more than two interments of human remains in any 40 year period except that, despite anything to the contrary in this By-law, a grave containing human remains and measuring less than four feet by eight feet must not receive any more interments.
PART 8
MEMORIALSUse of memorials
8.1 A person must not place, install, remove, or alter a memorial on a lot unless the cemetery manager has issued a memorial permit.
Application for memorial
8.2 Only a licensee, a deceased's representative, or a person authorized by the cemetery manager may apply to the cemetery manager to place, install, remove, or alter a memorial on a lot.
Refusal of permit
8.3 The cemetery manager may refuse to issue a permit to the applicant if the applicant has failed to comply with the requirements of this By-law and the cemetery rules.
Requirements for memorials
8.4 Each memorial must meet the requirements set out in the cemetery rules.
Common graves
8.5 A person must not place or install a memorial on any lot designated as a common grave for the interment of stillborns, infants, or cremated remains.
Fields of Honour
8.6 Council hereby identifies the four areas of Mountain View Cemetery where members and veterans of the Canadian Armed Forces, Canadian Armed Forces Reserves, Merchant Marines, and Allied Veterans are interred as "Fields of Honour", the four areas being:
(a) Abray section (Blocks 1, 2, 3, 4, 5, 6, and 7)
(b) Abray section (Blocks 17, 18, 19, 20, and 21)
(c) Horne 2 section (Blocks 13, 14, 15, and 16)
(d) Jones section (Block 45)
Restrictions in Fields of Honour
8.7 In a Field of Honour:
(a) a grave may contain only one memorial for the member or veteran interred in the grave, and the memorial must be at the head of the grave;
(b) a grave may contain only one flat marker to commemorate all other interments in the grave;
(c) a grave may contain no other memorials nor any other improvement, fixture, or chattel; and
(d) the size, colour, material, dimensions, finish, and style of, and inscription on, each memorial must be satisfactory to the Commonwealth War Graves Commission, National Defense, Privy Council, Veterans Affairs Canada, or other organization that provides and cares for the grave, or, if no there is no such organization, to the cemetery manager.
PART 9
SURRENDER OF LOTSProhibition on disposition of occupied lot
9.1 A person must not dispose of a lot containing interred human remains or cremated remains except under section 9.2.
Surrender of occupied lot
9.2 A deceased licensee's representative, who wishes to surrender the lot for which the deceased licensee held the licence, and in which the last interment occurred more than 40 years ago, must apply to cemetery manager, and must:
(a) give the cemetery manager a statutory declaration, sworn by the applicant, declaring that the applicant is the deceased licensee's lawful representative;
(b) give the cemetery manager statutory declarations, sworn by each representative of a deceased individual interred in the lot, declaring that the applicant is the deceased individual's lawful representative;
(c) give the cemetery manager an authorization signed by each representative irrevocably directing the cemetery manager to disinter all human remains and cremated remains from the lot, to deal with those remains, to accept the surrender of the lot, and to pay the compensation under section 9.3, all according to the instructions of the deceased licensee's representative;
(d) instruct the cemetery manager how and where to dispose of all human remains and cremated remains disinterred from the lot and any memorial adorning the lot, and to whom to pay the compensation under section 9.3;
(e) if the lot is a reserved lot under an extant reserved area contract, give the cemetery manager a consent to the disinterment and to surrender of the lot signed by the authorized signatory of the organization that is party to the contract; and
(f) if the lot is in a family mausoleum or columbarium, there is a surrender at the same time of all crypts or niches in the mausoleum or columbarium.
Compensation for surrendered lot
9.3 If the cemetery manager accepts the surrender of a lot under section 9.2, the city will pay, according to the deceased licensee's representative's instructions, an amount equal to the licence fee originally paid for the licence less the aggregate of:
(a) that portion of the original licence fee stipulated as a contribution to the care fund referred to in section 10.1;
(b) that portion, if any, of the original licence fee stipulated as the non-resident fee; and
(c) an administrative fee equal to 25% of the original licence fee.
Re-use of surrendered lot
9.4 The cemetery manager must not re-use a surrendered lot unless:
(a) the cemetery manager has disinterred all human remains and cremated remains from the lot, disposed of all human remains or cremated remains according to the instructions in section9.2(d), and disposed of any memorial adorning the surrendered lot according to the instructions in section 9.2(d); and
(b) if the lot is reserved under an extant reserved area contract, the applicant for a licence for the subsequent use of the lot complies with the requirements of the reserved area contract.
PART 10
FINANCIAL MATTERSCare fund
10.1 Council consolidates and continues, under this By-law, the care fund known as the "Cemetery Care Fund" for the Mountain View Cemetery established under the Mountain View Cemetery Perpetual Maintenance By-law and consolidated and continued under Cemetery By-law No. 4162.
Fees and prices
10.2 Any person who applies for issuance, disposition, surrender, or cancellation of any licence or permit or who requests or orders any product or service under this By-law or the cemetery rules, including any licence, permit, product, or service referred to in Schedule B or any product or service referred to in the cemetery rules, must pay the fee or price set out in Schedule B or in the cemetery rules in advance, and in accordance with any requirements set out in Schedule B or in the rules.
Processing fees
10.3 Any portion of a fee designated as a processing fee is not refundable.
Proof of residency
10.4 If Schedule B or the cemetery rules designates a "resident fee" and a "non-resident fee" in connection with any licence, permit, product, or service, a person who claims to be a resident for the purpose of paying the resident licence or permit fee, must produce to the cemetery manager two original, current pieces of identification, one of which must be picture identification, showing the applicant's name and a current residential address in the city. Any person who does not produce such identification to the cemetery manager must pay the applicable non-resident fee.
PART 11
CEMETERY REGULATIONSPublic hours
11.1 The cemetery is to be open to the public for visiting each day for at least eight hours during the times prescribed by the cemetery rules. Any person who wishes to enter the cemetery outside those hours must obtain permission from the cemetery manager.
Applications
11.2 Any application required under this By-law or the cemetery rules must be in writing in the form prescribed by the cemetery committee.
Solicitations and advertisements
11.3 A person must not solicit orders for goods or services within the cemetery or advertise within the cemetery unless the person is an employee, agent, or contractor of the city.
Care of a lot
11.4 The cemetery manager is not responsible for the repair, maintenance, or replacement of any improvement, fixture, chattel, or memorial on or attached to or forming part of any lot.
Prohibition on use of a lot
11.5 A person must not place, install, construct, or plant anything in or on a lot, alter a lot, or remove anything from a lot, unless this By-law or the cemetery rules so permit.
Adornment of a lot
11.6 A person must not adorn a lot except for memorials as permitted by Part 8 or floral tributes as permitted by the cemetery rules.
No responsibility for adornment
11.7 The cemetery manager has no responsibility for any lot adornment or for maintenance or preservation of any adornment.
Removal of adornments and other personal property
11.8 The cemetery manager may remove from any lot or from the cemetery any adornment or other personal property that is detrimental to the operation or maintenance of the cemetery, constitutes a hazard to visitors, employees or machinery, is unsightly or abandoned, is inconsistent with the dignity of the cemetery or general community standards, or does not comply with this By-law or the cemetery rules.
Disposition of adornments and other personal property
11.9 The cemetery manager has no obligation to give notice to any person that the cemetery manager has removed adornments or other personal property from the cemetery, and the cemetery manager may destroy any perishable adornments or other personal property so removed.
Behaviour in cemetery
11.10 A person in the cemetery must:
(a) not disturb the peace, quiet, or good order of the cemetery;
(b) not behave in an unseemly or indecent manner;
(c) not throw, deposit, or leave any rubbish, garbage, excrement, or other offensive matter;
(d) not play any game or sport, or play generally;
(e) not discharge a firearm, except at a military funeral for which the cemetery manager has authorized a firearm salute and under the command of a Canadian armed forces officer;
(f) not disturb the people at an interment or memorial service or gathering or the conduct of such a service or gathering;
(g) not destroy, mutilate, deface, injure, cut down, remove, or alter any improvement, fixture, chattel, memorial, adornment, tree, shrub, hedge, plant, or any other thing;
(h) not violate any grave, mausoleum, or columbarium;
(i) not suffer or permit an animal to be in the cemetery unless it is a dog on a leash held by the person supervising the dog, and such person cleans up after the dog and complies with all cemetery rules that apply to animals; and
(j) obey the cemetery rules.
Motor vehicle regulations
11.11 A person must not:
(a) enter the cemetery in a motor vehicle, or operate a motor vehicle in the cemetery, during hours or days when the cemetery is not open to the public;
(b) operate a motor vehicle in the cemetery at a speed greater than 25 kilometres per hour or other posted speed limit specified under the cemetery rules;
(c) except for cemetery maintenance vehicles, operate a motor vehicle unless on roads or other areas designated for the use of motor vehicles;
(d) operate any internal combustion motor vehicle including any internal combustion motorized push-scooter or skateboard, except for wheelchairs and internal combustion motor vehicles that the Motor Vehicle Act of British Columbia permits to operate on streets and except as otherwise permitted by the cemetery rules; or
(e) operate a motor vehicle in the cemetery except according to the cemetery rules;
unless that person is under the supervision of the cemetery manager.
Eviction from cemetery
11.12 Without limiting the consequences of a breach of this By-law under Part 12 or the rights or remedies of the city under Part 12, the cemetery manager may evict from the cemetery any person who contravenes any provision of this Part 11.
Notices
11.13 The cemetery manager may give notice, under this By-law or under the cemetery rules, to any person by prepaid post or delivery addressed to the last known address, according to the cemetery records, of that person.
Plans
11.14 Plans of the cemetery are available for public inspection at the registrar's office or the cemetery office.
PART 12
ENFORCEMENTOffences against By-law
12.1 Any person who:
(a) violates any provision of this By-law;
(b) suffers or permits any other person to violate any provision of this By-law;
(c) neglects to do or refrains from doing anything required to be done by any provision of this By-law; or
(d) fails to comply with any order, direction, or notice given under this By-law;
commits an offence against this By-law.
Fine for offence
12.2 Every person who commits an offence against this By-law is punishable on conviction by a fine of not less than $100.00 and not more than $2,000.00 for each offence.
Fine for continuing offence
12.3 Every person who commits an offence of a continuing nature against this By-law is liable to a fine not exceeding $50.00 for each day such offence is continued.
PART 13
MISCELLANEOUSRepeal
13.1 Council repeals Cemetery By-law No. 4162.
Force and effect
13.2 This By-law is to come into force and take effect on the date of its enactment.
ENACTED by Council this day of , 2003
Mayor
City Clerk
SCHEDULE A
MOUNTAIN VIEW CEMETERY LEGAL DESCRIPTIONS
Parcel Identifier: 012-283-428
Lot 1
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-444
Lot 2
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-461
Lot 3
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-495
Lot 4
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-789
Lot 5
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-827
Lot 6
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-851
Lot 7
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-894
Lot 8
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-924
Lot 9
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-283-959
Lot 10
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-009
Lot 11
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-033
Lot 12
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-076
Lot 13
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-106
Lot 14
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-157
Lot 15
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-173
Lot 16
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-220
Lot 17
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-262
Lot 18
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-301
Lot 19
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-335
Lot 20
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-343
Lot 21
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-378
Lot 22
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-394
Lot 23
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-424
Lot 24
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-432
Lot 25
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-475
Lot 26
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-521
Lot 27
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-564
Lot 28
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-599
Lot 29
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-611
Lot 30
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-637
Lot 31
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-661
Lot 32
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 012-284-700
Lot 33
Blocks 1 to 3
District Lot 635
Plan 3697Parcel Identifier: 013-971-191
Lot 1
Block 6
District Lot 635
Plan 2221Parcel Identifier: 013-971-212
Lot 2
Block 6
District Lot 635
Plan 2221Parcel Identifier: 013-971-221
Lot 3
Block 6
District Lot 635
Plan 2221Parcel Identifier: 013-971-239
Lot 4
Block 6
District Lot 635
Plan 2221Parcel Identifier: 013-971-255
Lot 5
Block 6
District Lot 635
Plan 2221Parcel Identifier: 013-971-280
Lot A
Block 6
District Lot 635
Plan 2221Parcel Identifier: 015-089-720
Block 4
District Lot 635
Plan 865Parcel Identifier: 015-089-738
Block 5
District Lot 635
Plan 865Parcel Identifier: 015-089-746
Block 7
District Lot 635
Plan 865Parcel Identifier: 023-210-117
The East 360 Feet of
District Lot 635
Group 1
New Westminster DistrictParcel Identifier: 023-231-289
Block 1
District Lot 392
Group 1
New Westminster District
Plan 247Parcel Identifier: 014-217-309
Block 1
District Lot 636
Plan 1902Parcel Identifier: 015-969-495
District Lot 576
Group 1
New Westminster DistrictParcel Identifier: 015-216-868
Block A (Reference Plan 2840)
District Lot 636
Group 1
New Westminster DistrictParcel Identifier: 014-216-965
Block B (Reference Plan 2840)
Group 1
New Westminster District
Except: The West 33 Feet of the South 127.59 Feet Now Road
District Lot 636Parcel Identifier: 024-719-099
Lot D
Except: Part 0.367 Hectares shown on Plan LMP43080
Blocks 12 to 25 and Block 32 to 38
District Lot 641
Group 1
New Westminster District
Plan LMP43079Parcel Identifier: 024-719-102
Parcel E
Except: Firstly: Part 423.0 Square Metres shown on Plan LMP43080
Secondly: Part 0.107 Hectares shown on Plan LMP43080
Blocks 1 to 11 and Blocks 26 to 31
District Lot 641
Group 1
New Westminster District
Plan LMP43079Parcel Identifier: 025-393-774
Lot F
District Lot 642
Group 1
New Westminster District
Plan LMP53518SCHEDULE B
MOUNTAIN VIEW CEMETERY FEES AND PRICES
INTERMENT
Adult Casket - Single Depth (first interment or prior interment deep)
Interment Fee800.00
Adult Casket - Deep (first interment only)
Interment Fee1,600.00
Child Casket (up to 48" long)
Interment Fee600.00
Infant Casket (up to 24" long)
Interment Fee125.00
Cremated Remains (in-ground)
Interment Fee275.00
Cremated Remains (scattering)
Scattering Fee150.00
Re-open Grave for Casket (single depth)
Interment Fee1,200.00
Re-open Grave for Casket (deep)
Interment Fee2,000.00
MEMORIAL INSTALLATION
Flat Marker ( 9" x 12" )
Install75.00
Care Fund Contribution75.00
TOTAL150.00Flat Marker ( 10" x 18" or 12" x 20")
Install100.00
Care Fund Contribution75.00
TOTAL175.00Flat Marker ( 16" x 28" or 18" x 30" )
Install125.00
Care Fund Contribution75.00
TOTAL200.00Foundation for memorial or marker
Supply and install foundation85.00 per sq. ft. of base
Care Fund Contribution125.00MEMORIAL REMOVAL AND REINSTALLATION
Flat Marker ( 9" x 12" ) Remove and Reinstall50.00
Flat Marker ( 10" x 18" or 12" x 20") Remove and Reinstall75.00
Flat Marker ( 16" x 28" or 18" x 30" ) Remove and Reinstall100.00DISINTERMENT AND EXHUMATION
Exhumation - Adult Casket - Single Depth1,200.00
Exhumation - Adult Casket - Deep2,000.00
Exhumation - Child Casket625.00
Exhumation - Infant Casket300.00
Exhumation - Cremated Remains (in-ground)275.00OTHER PRODUCTS AND SERVICES
Installation only of Casket Vault or Liner - Single Depth275.00
Installation only of Cremated Remains Vault or Liner100.00
Flower container - supply and install35.00
Administration Fee30.00
License Disposition Fee30.00CITY OF VANCOUVER
BRITISH COLUMBIAMOUNTAIN VIEW CEMETERY RULES
MOUNTAIN VIEW CEMETERY RULES
TABLE OF CONTENTS
PART 1
INTERPRETATION1.1 General definitions
1.2 Table of contentsPART 2
USE OF LOTS2.1 Interment of human remains in a grave
2.2 Interment of cremated remains in a grave
2.3 Interment of cremated remains in a niche
2.4 Interment of human remains in a crypt
2.5 Interment of cremated remains in a memorial
2.6 Scattering of cremated remainsPART 3
ADORNMENT OF LOTS3.1 Adornment of a lot
3.2 Floral tributesPART 4
MEMORIALS4.1 Memorial definitions
4.2 Payment for memorial installation
4.3 Delivery of memorial
4.4 Hours for installation
4.5 Responsibility for installation
4.6 Cemetery layout
4.7 Removal of memorials
4.8 Memorial materials
4.9 Other memorial materials
4.10 Limitation to one memorial
4.11 Base dimensions
4.12 Base finish
4.13 Responsibility for dimensions
4.14 Die dimensions
4.15 Memorial height
4.16 Vases and statues
4.17 Attachment of fixtures and other things
4.18 Centre feature memorials
4.19 Bronze markers
4.20 Flat marker only
4.21 Flat marker on foundation on single lot
4.22 Flat marker on foundation on double lot
4.23 Flat marker on cremation border lot (single granite)
4.24 Flat marker on cremation border lot (double granite)
4.25 Flat marker on cremation border lot (bronze marker)
4.26 Flat marker on other cremation lots
4.27 Flat markers on cremation plots
4.28 Additional memorial rules
4.29 Existing memorialsPART 5
MISCELLANEOUS5.1 Application
MOUNTAIN VIEW CEMETERY RULES
Pursuant to the authority vested in the Cemetery Committee under Section 2 of the Mountain View Cemetery By-law of the City of Vancouver, the Cemetery Committee, comprised of the General Manager of Community Services, Director of Non-Market Operations, and Cemetery Manager for the city, resolves unanimously this day of , 2003 to pass the following cemetery rules:
PART 1
INTERPRETATIONGeneral definitions
1.1 A word defined in the Mountain View Cemetery By-law ("By-law") and used in these Rules will have the same meaning in the By-law and Rules.
Table of contents
1.2 The table of contents is for information only, and is not for use in interpreting or enforcing these Rules.
PART 2
USE OF LOTSInterment of human remains in a grave
2.1 For interment of human remains in a grave:
(a) the depth of the grave must be sufficient to provide for not less than three feet of earth between the upper surface of the casket or grave liner and the level of the ground surrounding the grave; and
(b) the casket and grave liner or vault must be less than the length and width of the lot.
Interment of cremated remains in a grave
2.2 For interment of cremated remains in a grave:
(a) the container must be less than the length and width of the lot;
(b) a grave that is four feet by eight feet may hold no more than eight containers of cremated remains;
(c) a grave that is less than four feet by eight feet may hold no more than four containers of cremated remains except for a grave in the Masonic section (Blocks 28A and 29A [Plot 1]) which may hold no more than two such containers or for a grave in the Jones section (Block 1 [Plot 5], Block 2 [Plot 25], Block 3 [Plot 21], Block 4 [Plot 1) which may hold no more than one such container; and
(d) the positioning of cremated remains within the grave is subject to approval by the cemetery manager.
Interment of cremated remains in a niche
2.3 For interment of cremated remains in a niche:
(a) the cremated remains must be in a container; and
(b) a niche may hold no more than one container containing one set of cremated remains or the number of sets of cremated remains permitted by the applicable licence.
Interment of human remains in a crypt
2.4 A crypt may hold no more than one set of human remains.
Interment of cremated remains in a memorial
2.5 Each memorial that contains cremated remains must:
(a) rest on the surface of a grave lot;
(b) hold no more than the number of cremated remains determined by the cemetery manager and indicated on the applicable licence or permit; and
(c) include only a method of containment for the cremated remains that is satisfactory to the cemetery manager.
Scattering of cremated remains
2.6 A person who wishes to scatter cremated remains must not use a casket, container, or other enclosure, and must scatter the cremated remains under the supervision of the cemetery manager in a location designated by the cemetery manager.
PART 3
ADORNMENT OF LOTSAdornment of a lot
3.1 A person must not adorn a lot except for memorials as permitted by Part 8 of the Cemetery Bylaw and for floral tributes under section 3.2.
Floral tributes
3.2 A person must not adorn a lot with a floral tribute except as follows:
(a) on the day of interment and for seven days after the day of interment, a person may adorn a lot with any type of floral tribute;
(b) subject to subsection (a), between March 1 and October 15 in each calendar year, a person may adorn a lot only with fresh cut flowers in a flower container flush with the ground approved and installed by the cemetery manager;
(c) subject to subsection (a), between October 16 and February 28 in each calendar year, a person may adorn a lot with fresh cut flowers, potted plants, wreaths, and artificial flowers; and
(d) a person must not place a glass container on or in a lot.
PART 4
MEMORIALSMemorial definitions
4.1 In this Part 4:
(a) "base" means the lowest portion of a memorial set on a foundation that supports one or more dies;
(b) "die" means the upper portion(s) of a memorial placed above the base;
(c) "foundation" means a pad, usually made of concrete or granite, set at grade, that supports a memorial;
(d) "height" means the dimension as measured from the top to the bottom of the memorial, die, or base, as applicable;
(e) "length" means the dimension as measured from the front edge to the back edge of the memorial, die, or base, as applicable;
(f) "marker" means a memorial consisting of a single piece of uniform height placed on a foundation or set flush with the ground;
(g) "thickness" means the dimension as measured from the front edge to the back edge of a die; and
(h) "width" means the dimension as measured from the left edge to the right edge of the memorial, die, or base, as applicable.
Payment for memorial installation
4.2 A person must pay for installation of a memorial:
(a) requiring a foundation when that person applies for the memorial permit; and
(b) consisting of a marker upon receipt of delivery of the marker at the cemetery.
Delivery of memorial
4.3 A person must not deliver a memorial to the cemetery unless:
(a) the applicant has received a memorial permit;
(b) the cemetery manager receives notice at least 24 hours before delivery of the memorial; and
(c) the cemetery manager has confirmed that installation of any foundation for the memorial is complete.
Hours for installation
4.4 A person who wishes to carry out memorial installation in the cemetery:
(a) unless the cemetery manager otherwise permits, must carry out the work only in accordance with a memorial permit, during the cemetery's hours of staff operation, and subject to the cemetery manager's requirements;
(b) must advise the cemetery manager on arrival at the cemetery; and
(c) is responsible for the restoration or repair of any damage to the cemetery or its fixtures arising out of or in connection with installation of the memorial.
Responsibility for installation
4.5 Despite sections 4.3 and 4.4, the cemetery manager will have the right to install all flat markers and foundations for upright memorials.
Cemetery layout
4.6 The city will have the right to change the design of the cemetery thereby affecting placement of existing and new memorials.
Removal of memorials
4.7 The cemetery manager may remove and dispose of any memorial in the cemetery that falls into disrepair or becomes unsightly. Before doing so, the cemetery manager will deliver written notice to the last known address of the licensee of the lot or deceased's representative.
Memorial materials
4.8 The cemetery committee:
(a) approves granite and bronze as materials for memorials or parts thereof;
(b) approves marble only for use as parts of a memorial such as vases and statues;
(c) does not approve marble as a base or any inscribed part of a memorial;
(d) does not approve wood or glass as any part of a memorial; and
(e) approves concrete only as a foundation or as a support for bronze markers.
Other memorial materials
4.9 A person must not use any other material for a memorial unless:
(a) that person obtains approval from the cemetery manager;
(b) the material has industry recognition as long-lasting and not requiring continuing maintenance; and
(c) that person, at his or her cost, tests and proves acceptability of a material to the satisfaction of the cemetery manager.
Limitation to one memorial
4.10 In upright memorial areas, a person may install only one upright memorial on any grave or portion thereof, and must place it at the end of the grave as designated by the cemetery manager.
Base dimensions
4.11 A base placed on a foundation must have a:
(a) minimum width of 60 centimetres (24 inches);
(b) maximum width of 15 centimetres (six inches) less than the width of the grave or graves to be marked;
(c) minimum length of 30 centimetres (12 inches);
(d) maximum length of 60 centimetres (24 inches); and
(e) minimum height of 15 centimetres (six inches).
Base finish
4.12 The sides of a base (excluding the top and bottom) must have a rock-pitch finish.
Responsibility for dimensions
4.13 A person who applies for a memorial permit is responsible to determine the width of the grave to be marked for determining maximum length dimensions.
Die dimensions
4.14 A die must meet the following requirements:
(a) the overall length and width dimensions of the die (including any fixtures) must not exceed the length and width dimensions of the base;
(b) the height of the die must be a minimum of 10 centimetres (four inches);
(c) the thickness of the die must be a minimum of 15 centimetres (six inches); and
(d) any person installing any die must attach it or ensure its attachment to the piece below to the satisfaction of the cemetery manager.
Memorial height
4.15 A memorial:
(a) with a minimum die thickness of 15 centimetres (six inches) must have a total memorial height of no more than 91 centimetres (36 inches);
(b) with a minimum die thickness of 20 centimetres (eight inches) must have a total memorial height of no more than 137 centimetres (54 inches); and
(c) must not exceed 137 centimetres (56 inches) unless the cemetery manager approves a greater height.
Vases and statues
4.16 All vases and statues must be permanently affixed and positioned so that no part extends beyond the length or width of the base.
Attachment of fixtures and other things
4.17 A person must not attach any fixture or other thing to a memorial unless that person obtains approval from the cemetery manager, and must not attach any fixture or other thing to any marker installed flush with the ground.
Centre feature memorials
4.18 The cemetery manager may exempt from the size restrictions for marking individual graves memorials designed to be a central feature for a recognized section of the cemetery. All such memorials require prior approval of the cemetery manager to determine the aesthetic suitability, overall stability, and resistance to vandalism. The cemetery manager may set a minimum standard for the foundation of such a memorial. A person applying for such a memorial will pay any design or consulting fees necessary to ensure a maintenance-free permanent foundation.
Bronze markers
4.19 Prior to delivery of a memorial to the cemetery, a person must attach a bronze plaque to a granite or concrete support of at least the same length and width as the plaque and of uniform height measuring between 7.5 centimetres (three inches) and 12.5 centimetres (five inches).
Flat marker only
4.20 A person may install only a flat marker in:
(a) a pathway lot (lot bearing no legal description or plot descriptor);
(b) a lot ending in "A"; and
(c) a lot contained in a plot ending in "A", "AR", "R" or "RC".
Flat marker on foundation on single lot
4.21 A person may install one 12 inch by 20 inch by four inch flat granite marker, with cut or polished sides on a 20 inch by 28 inch by four inch granite foundation centred on the lot, on any lot located in one of the following areas:
(a) Abray section (Block 10 [Plots 21 to 60], Block 12 [Plots 17 to 48] and Block 15 [Plots 15 to 84]);
(b) Horne 2 section (Blocks 7, 8, 9 [Plots 1 to 37 and Plots 48 to 49] & Block 10 [Plots 1 to 30]); or
(c) Jones section (Blocks 34, 26, and 41R).
Flat marker on foundation on double lot
4.22 A person may install one 18 inch by 30 inch by four inch granite marker, with cut or polished sides on a 30 inch by 42 inch by four inch granite foundation centred on two adjacent lots, on any lot located in one of the following areas:
(a) Abray section (Blocks 9, 10 [Plots 1 to 20], 12 [Plots 1 to 16],13, 14, & Block 15 [Plots 1 to 14]);
(b) Horne 2 (Blocks 1 & 2) section; or
(c) Jones section (Block 26 and 41R).
Flat marker on cremation border lot (single granite)
4.23 A person may install only one 12 inch by 20 inch or 10 inch by 18 inch granite marker, on any lot located in the Masonic section (Blocks 28A and 29A [Plot 1]).
Flat marker on cremation border lot (double granite)
4.24 A person may install no more than two 12 inch by 20 inch or 10 inch by 18 inch granite markers on any lot lot located in the Masonic section (Blocks 4A, 5A, 6A, 7A, 8A, 10A [Plots 7, 8, 9 & 10], 11A, 12A, 13A, 15A, 17A, and 18A).
Flat marker on cremation border lot (bronze marker)
4.25 A person may install no more than four nine inch by 12 inch bronze markers on any lot located in the Masonic section (Blocks 3A, 9A, 10A [Plots 1, 2, 3, 4, 5 & 6], 14A, 16A, 19A, 20A, 21A, 22A, 23A, 24A, 25A, 26A, 27A, 29A [Plots 2 & 3] & Block 30A).
Flat markers on other lots
4.26 A person may install no more than two 10 inch by 18 inch or 12 inch by 20 inch flat markers on any lot measuring less than eight feet by four feet not covered by section 4.23, 4.24, or 4.25.
Flat markers on cremation plots
4.27 Despite anything to the contrary in these Rules, a person may install no more than one nine inch by 12 inch bronze marker on any lot located in the Jones section (Block 1 [Plot 5], Block 2 [Plot 25], Block 3 [Plot 21], Block 4 [Plot 1).
Additional memorial rules
4.28 The following rules apply to memorials:
(a) a marker must be of uniform height between three and five inches;
(b) unless otherwise specifically restricted or allowed, a marker must measure 12 inches by 20 inches or 16 inches by 28 inches;
(c) a person may centre, on two adjacent casket lots, one marker measuring 18 inches by 30 inches;
(d) the cemetery manager will determine the placement of a memorial on a lot;
(e) a person who wishes to relocate an existing marker on the same lot or another lot must obtain permission from the cemetery manager; and
(f) unless otherwise specifically restricted or allowed, a lot measuring eight feet by four feet may have no more than four memorials on it.
Existing memorials
4.29 A person who wishes to set upright a memorial placed or installed before April, 1986 must:
(a) apply to the cemetery manager for approval, and for waiver of any of these Rules that are not applicable to existing memorials; and
(b) attach the base and dies to each other to the satisfaction of the cemetery manager.
PART 5
MISCELLANEOUSApplications
5.1 A person must make any application required under these Rules or the By-law only on the prescribed form available from the cemetery manager at the cemetery office during normal office hours.
END OF RULES
General Manager of Community Services
Director of Non-Market Operations
Cemetery Manager
Comparison of Mountain View Fees to Survey of other Municipal Cemeteries
Survey
MinimumSurvey
AverageSurvey
MaximumMtn. View
(current)Mtn. View
(proposed)% Increase
% of Average
% of
MaximumINTERMENT
Adult - Std
560
732
1050
610
800
31%
109%
76%
Adult - Deep
n/a
2100
2100
820
1600
95%
76%
76%
Cremated Remains
(in-ground)150
234
280
180
275
53%
117%
98%
Cremated Remains
(scattering)65
128
170
n/a
150
117%
88%
MARKER INSTALLATION
8" x 12" Marker
Installation
50
75
110
20.52
75
Care
0
31
60
20.52
75
TOTAL
50
106
150
41.04
150
265%
142%
100%
12" x 20" Marker
Installation
50
92
160
45.6
100
Care
0
40
75
45.6
75
TOTAL
50
132
235
91.2
175
92%
133%
74%
18" x 30" Marker
Installation
50
107
210
85.12
125
Care
0
42
75
85.12
75
TOTAL
50
149
285
170.24
200
17%
135%
70%
Comparison of Fees from other Municipal Cemeteries
West Van.
Surrey
North Van.
Coquit.
Port Coquit.
Victoria/Saanich
Average
INTERMENT
Adult - Std
770
650
788
560
1050
575
732
Adult - Deep
n/a
n/a
n/a
n/a
2100
n/a
2100
Cremated Remains
(in-ground)250
150
210
280
250
265
234
Cremated Remains (scattering)
n/a
n/a
n/a
170
150
65
128
MARKER INSTALLATION
8" x 12"
Install
Care
TOTAL110
40
15075
25
10063
32
9575
60
13550
0
50n/a
75
31
10512" x 20"
Install
Care
TOTAL110
40
15094
31
12563
32
9575
60
13550
0
50160
75
23592
40
13218" x 30"
Install
Care
TOTAL110
40
150131
44
17563
32
9575
60
13550
0
50210
75
285106
42
148EFFECTIVE DATE
Nov 2002
Sep 1999
Jan 2003
Jan 2003
Jan 2002
Jan 2003
* * * * *