DIVISION 8. CEMETERIES [8100. - 9703.]
Division 8 enacted by Stats. 1939, Ch. 60.
§§ 8100–9703 · 334 sections
PART 1. GENERAL PROVISIONS §§ 8100–8124 · 20 sections
CHAPTER 1. Definitions § 8100 · 1 section
- § 8100 The definitions set forth in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 shall be applicable to this division.
CHAPTER 2. Vandalism §§ 8102–8103 · 2 sections
- § 8102 Any person violating any provision of this chapter is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by…
- § 8103 The provisions of this chapter do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any…
CHAPTER 3. Records §§ 8110–8112 · 3 sections
- § 8110 The person in charge of any premises on which interments or cremations are made shall keep a record of all remains interred or cremated and of the interment of…
- § 8111 The records shall at all times be open to official inspection.
- § 8112 Records required to be kept under Division 7 (commencing with Section 7000) or this division may be kept in original form or by photocopy, microfilm,…
CHAPTER 3.5. Requirements for Burials §§ 8113–8113.7 · 7 sections
- § 8113 (a) This chapter shall apply to all cemeteries, including, but not limited to, public cemeteries, private cemeteries, and cemeteries operated by religious…
- § 8113.1 (a) Except as provided in subdivisions (b) and (c), there shall be no less than 18 inches of dirt or turf on top of all vaults or caskets as measured at the…
- § 8113.3 (a) This chapter shall not apply to mausoleums, crypts, vaults, or other burial structures designed and constructed to be installed without an earthen cover.…
- § 8113.4 Cemeteries shall be liable for the costs of reburial of any remains improperly interred in already occupied graves or interred with less than the amount of…
- § 8113.5 (a) Except with the express written permission of the person entitled to control the disposition of the remains, or in the case of a double burial consented to…
- § 8113.6 Notwithstanding any other provision of law, any cemetery that violates any of the requirements of this chapter shall be subject to disciplinary action by the…
- § 8113.7 Notwithstanding any other provision of law, the statute of limitations for any individual’s criminal violation of Section 8113.5 shall begin to run at the time…
CHAPTER 4. Local Regulation of Cemeteries § 8115 · 1 section
- § 8115 The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and…
CHAPTER 4.5. Maintenance of Cemetery Grounds §§ 8117–8118 · 2 sections
CHAPTER 5. Change In Use § 8120 · 1 section
- § 8120 (a) On or after January 1, 1990, the cemetery authority shall provide written notice to each person who purchases or agrees to purchase interment rights in the…
CHAPTER 6. Veteran’s Commemorative Property §§ 8122–8124 · 3 sections
- § 8122 For purposes of this chapter, the following definitions shall apply: (a) “Veteran” means a living or deceased person who meets all of the following conditions:…
- § 8123 (a) Except as provided in subdivision (b) and Section 8124, no person or entity shall sell, trade, or transfer veteran’s commemorative property. (b) Any…
- § 8124 Nothing in this chapter shall be interpreted to prohibit a cemetery corporation or funeral establishment from selling new veteran’s commemorative property on…
PART 2. PUBLIC CEMETERIES §§ 8125–8137 · 14 sections
CHAPTER 1. General Provisions §§ 8125–8137 · 14 sections
- § 8125 Incorporated cities, and for unincorporated towns the supervisors of the county, may survey, lay out, and dedicate for burial purposes not exceeding five acres…
- § 8125.5 The City of Simi Valley may survey, lay out, dedicate, own, and operate for burial purposes, or may purchase, or receive by gift or donation, five acres or…
- § 8126 The title to lands situated in or near any city and used by the inhabitants without interruption as a cemetery for five years is vested in the inhabitants of…
- § 8127 The inhabitants of any city may by subscription or otherwise purchase or receive by gift or donation, lands not exceeding five acres to be used as a cemetery,…
- § 8128 The governing body having control of a public cemetery shall require a register of name, age, birthplace, date of death, and burial of every body interred…
- § 8129 The public cemeteries of cities, towns, or neighborhoods or of fraternal or beneficial associations or societies shall be inclosed and laid off into plots.
- § 8130 The general management, conduct, and regulation of burials, the disposition of plots, and keeping the plots in order, are under the jurisdiction and control of…
- § 8131 If not owned by a city or by a fraternal or beneficial association or society, public cemeteries are under the jurisdiction and control of the board of…
- § 8132 Public cemeteries of fraternal or beneficial associations or societies are under the jurisdiction of and controlled and managed by the associations or…
- § 8133 The authorities having jurisdiction and control of cemeteries may make and enforce general rules and regulations, and appoint sextons or other officers to…
- § 8134 No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or…
- § 8135 Notwithstanding any other provision of law, the Department of Water Resources may sell plots in any cemetery which is owned by the department on a nonendowment…
- § 8136 Any city, including a chartered city, that owns and operates a cemetery may maintain a proceeding in the superior court of the county in which the cemetery is…
- § 8137 A cemetery owned and operated by a city, county, or city and county shall not engage in the business of selling monuments or markers, and its officers and…
PART 3. PRIVATE CEMETERIES §§ 8250–8829 · 153 sections
CHAPTER 1. General Provisions §§ 8250–8253 · 5 sections
- § 8250 Except as provided in subdivision (c) of this section, the provisions of this part do not apply to any of the following: (a) Any religious corporation, church,…
- § 8250.5 As used in Section 8250 of this code, a public cemetery is a cemetery owned and operated by a city, county, city and county, or public cemetery district.
- § 8251 The provisions of this part do not affect the corporate existence of any cemetery organized under any law then existing prior to August 14, 1931, and as to…
- § 8252 It is unlawful for any corporation, copartnership, firm, trust, association, or individual to engage in or transact any of the businesses of a cemetery within…
- § 8253 The powers, privileges, duties and restrictions conferred and imposed upon any corporation, firm, copartnership, association, trust or individual, existing and…
CHAPTER 2. Operation and Management §§ 8275–8396 · 41 sections
ARTICLE 1. General Provisions §§ 8275–8279 · 5 sections
- § 8275 Any private corporation authorized by its articles so to do, may establish, maintain, manage, improve, or operate a cemetery, and conduct any or all of the…
- § 8276 Charges made by a cemetery authority for foundations, for setting of or permitting the setting of, or for endowment care of, grave markers or monuments, shall…
- § 8277 Every contract of a cemetery authority, including contracts executed in behalf thereof by a cemetery broker or salesperson, which provides for the sale by the…
- § 8278 In addition to any right of rescission which the purchaser may have under law, a purchaser entering into a contract with a cemetery broker, salesman, or…
- § 8279 A cemetery authority shall comply with the Mausoleum and Columbarium Law (Part 5 (commencing with Section 9501)).
ARTICLE 2. Rules and Regulations §§ 8300–8309 · 3 sections
- § 8300 (a) A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management,…
- § 8301.5 (a) Nothing in Section 8301 shall be construed to permit a cemetery authority to discriminate against any person based upon race or gender regarding the use of…
- § 8309 The rules and regulations shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place…
ARTICLE 3. Police Power § 8325 · 1 section
- § 8325 Persons designated by a cemetery authority have the powers of arrest as provided in Section 830.7 of the Penal Code for the purpose of maintaining order,…
ARTICLE 4. Records §§ 8330–8331 · 2 sections
- § 8330 A record shall be kept of every interment showing the date the human remains were received, the date of interment, the name and age of the person interred,…
- § 8331 A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the…
ARTICLE 5. Operation of Crematories §§ 8341–8347 · 11 sections
- § 8341 All cremated remains not disposed of in accordance with this chapter, within one year, shall be interred.
- § 8342 No crematory shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket,…
- § 8343 A crematory shall maintain on its premises, or other business location within the State of California, an accurate record of all cremations performed,…
- § 8344 A crematory shall maintain an identification system allowing identification of each decedent beginning from the time the crematory accepts delivery of human…
- § 8344.5 (a) Except as provided in subdivision (b) or (c), a crematory regulated by the Cemetery and Funeral Bureau shall knowingly cremate only human remains in…
- § 8344.6 (a) A crematory that incinerates an American flag or flags pursuant to Section 8344.5 shall maintain on its premises an accurate record of all American flags…
- § 8345 If a cremated remains container is of insufficient capacity to accommodate all cremated remains of a given deceased, the crematory shall provide a larger…
- § 8345.5 A crematory shall not accept human remains for cremation unless the remains meet all of the following requirements: (a) The remains shall be in a cremation…
- § 8346 Within two hours after a crematory licensed by the State of California takes custody of a body that has not been embalmed, it shall refrigerate the body at a…
- § 8346.5 Every crematory operator, or duly authorized representative shall provide to any person who inquires in person, a written, or printed list of prices for…
- § 8347 (a) The crematory licensee, or his or her authorized representative shall provide instruction to all crematory personnel involved in the cremation process.…
ARTICLE 6. Contract Limitations §§ 8350–8351 · 2 sections
- § 8350 Unless otherwise limited by the law under which created, cemetery authorities shall in the conduct of their business have the same powers granted by law to…
- § 8351 All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed or incurred upon property which has been and was at the time of the…
ARTICLE 7. Restrictions on Officers §§ 8360–8362 · 3 sections
- § 8360 No director or officer of any cemetery authority shall directly or indirectly, for himself or as the partner or agent of others, borrow any funds of the…
- § 8361 The office of any director or officer who acts or permits action contrary to this article immediately thereupon becomes vacant.
- § 8362 Every director or officer authorizing or consenting to a loan, and the person who receives a loan, in violation of this article are severally guilty of a…
ARTICLE 8. Hydrolysis Facilities §§ 8370–8382 · 7 sections
- § 8370 All hydrolyzed human remains not disposed of in accordance with this chapter, within one year, shall be interred.
- § 8372 A hydrolysis facility shall not make or enforce any rules requiring that human remains be placed in a casket before hydrolysis or that human remains be…
- § 8374 (a) A hydrolysis facility shall maintain on its premises, or other business location within the state, an accurate record of all hydrolyses performed,…
- § 8376 (a) A hydrolysis facility shall maintain an identification system allowing identification of each decedent beginning from the time the hydrolysis facility…
- § 8378 Within two hours after a licensed hydrolysis facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not…
- § 8380 (a) The hydrolysis facility licensee, or its authorized representatives, shall provide instruction to all hydrolysis facility personnel involved in the…
- § 8382 This article shall become operative on July 1, 2020.
ARTICLE 9. Reduction Facilities §§ 8390–8396 · 7 sections
- § 8390 All reduced human remains not disposed of in accordance with this chapter shall be disposed of pursuant to Section 7714.4 of the Business and Professions Code. see note
- § 8391 A reduction facility shall not make or enforce rules requiring that human remains be placed in a casket before reduction, nor shall a reduction facility refuse… see note
- § 8392 (a) A reduction facility shall maintain on its premises, or other business location within the state, an accurate record of all reductions performed, including… see note
- § 8393 (a) A reduction facility shall maintain an identification system allowing identification of each decedent beginning from the time the reduction facility… see note
- § 8394 Within two hours after a reduction facility takes custody of a body that has not been embalmed, it shall refrigerate the body at a temperature not greater than… see note
- § 8395 (a) The reduction facility licensee, or its authorized representatives, shall provide instruction to all facility personnel involved in the reduction process.… see note
- § 8396 This article shall become operative on January 1, 2027.
CHAPTER 3. Acquisition, Dedication and Sale §§ 8500–8585 · 25 sections
ARTICLE 1. Acquisition of Property §§ 8500–8501 · 2 sections
- § 8500 Cemetery authorities may take by purchase, donation or devise, property consisting of lands, mausoleums, crematories, and columbariums, or other property…
- § 8501 Any cemetery authority which is described in Section 23701c of the Revenue and Taxation Code or is a corporation sole may acquire by eminent domain any…
ARTICLE 2. Declaration of Intention §§ 8525–8526 · 2 sections
- § 8525 A cemetery authority may execute a declaration acknowledged so as to entitle it to be recorded, describing the property and declaring its intention to use all…
- § 8526 The declaration may be filed for record in the office of the recorder of the county in which the property is situated, and from the date of filing the…
ARTICLE 3. Dedication §§ 8550–8561 · 13 sections
- § 8550 Every cemetery authority, from time to time as its property may be required for interment purposes, shall: (a) In case of land, survey and subdivide it into…
- § 8551 The cemetery authority shall file the map or plat in the office of the recorder of the county in which all or a portion of the property is situated. The…
- § 8552 The declaration shall be in such form as the cemetery authority may prescribe, and shall be subscribed by the president or vice president, and the secretary,…
- § 8553 Upon the filing of the map or plat and the filing of the declaration for record, the dedication is complete for all purposes and thereafter the property shall…
- § 8554 When reservation is made in the declaration of dedication, any part or subdivision of the property so mapped and platted may, by order of the directors, be…
- § 8555 The filed map or plat and the recorded declaration are constructive notice to all persons of the dedication of the property to cemetery purposes.
- § 8556 The county recorder of the county in which a map or plat is filed shall index the map or plat in the general index giving reference to date of filing and…
- § 8557 The county recorder of the county in which a declaration of dedication is filed shall record it in the official records of his office and index it in the…
- § 8558 After property is dedicated to cemetery purposes pursuant to this chapter, neither the dedication, nor the title of a plot owner, shall be affected by the…
- § 8559 Dedication to cemetery purposes pursuant to this chapter is not invalid as violating any laws against perpetuities or the suspension of the power of alienation…
- § 8560 After dedication pursuant to this chapter, and as long as the property remains dedicated to cemetery purposes, no railroad, street, road, alley, pipe line,…
- § 8560.5 No streets, alleys, or roads shall be opened or laid out within the boundary lines of any cemetery located in whole or in part within the lines of any city or…
- § 8561 All property dedicated pursuant to this chapter, including roads, alleys, and walks, is exempt from public improvement assessments and is exempt from…
ARTICLE 4. Sale of Plots §§ 8570–8574 · 5 sections
- § 8570 After filing the map or plat and recording the declaration of dedication, a cemetery authority may sell and convey plots subject to such rules and regulations…
- § 8571 (a) All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the…
- § 8572 All conveyances made by a cemetery authority shall be signed by the president or the vice president, and the secretary, or by other officers authorized by the…
- § 8573 Any cemetery authority or its agents who sell, offer for sale, contract to sell, or negotiate the sale of mausoleum crypts before the receipt of a certificate…
- § 8574 For a violation of any provision of Section 8573, the bureau may temporarily suspend or permanently revoke the license of any cemetery licensee and may order…
ARTICLE 5. Removal of Dedication §§ 8580–8581 · 2 sections
- § 8580 Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, unless and until the dedication is removed from all or any…
- § 8581 The notice of hearing provided in section 8580 shall be given by publication once a week for at least three consecutive weeks in a daily newspaper of general…
ARTICLE 6. Transfer of Cemetery Ownership § 8585 · 1 section
- § 8585 (a) Whenever ownership of any cemetery authority is proposed to be transferred, the cemetery authority shall notify the Cemetery and Funeral Bureau in the…
CHAPTER 4. Property Rights §§ 8600–8680 · 19 sections
ARTICLE 1. General Provisions §§ 8600–8605 · 6 sections
- § 8600 All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.
- § 8601 The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person…
- § 8602 No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment,…
- § 8603 If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains…
- § 8604 Cemetery property passing to an individual by reason of the death of the owner is exempt from all inheritance taxes.
- § 8605 An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the…
ARTICLE 2. Joint Tenants §§ 8625–8629 · 5 sections
- § 8625 In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
- § 8626 Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of…
- § 8627 Cemetery property held in joint tenancy is exempt from the provisions of the Probate Code relating to proceedings for establishing the fact of death of a…
- § 8628 An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving…
- § 8629 When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice…
ARTICLE 3. Family Interment Plots §§ 8650–8653 · 5 sections
- § 8650 (a) Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is…
- § 8650.5 An affidavit executed by a person who is the owner of the plot by virtue of the laws of intestate succession or by his or her attorney-in-fact, setting forth…
- § 8651 In a family plot one grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right…
- § 8652 If no parent or child survives, the right of interment goes in the order of death first, to the spouse of any child of the record owner and second, in the…
- § 8653 Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a…
ARTICLE 4. Vested Right of Interment §§ 8675–8676 · 2 sections
- § 8675 A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.
- § 8676 No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person…
ARTICLE 5. Voluntary Establishment of Inalienability § 8680 · 1 section
- § 8680 A cemetery authority may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted…
CHAPTER 5. Endowment and Special Care §§ 8700–8785 · 58 sections
ARTICLE 1. Care of Old Cemeteries §§ 8700–8715 · 15 sections
- § 8700 In addition to those cemeteries to which this part does not apply, this article does not apply to abandoned cemeteries nor to cemeteries in which interments…
- § 8701 Whenever a majority of the plots in all or any part of a cemetery established prior to August 14, 1931, has been sold without the owner having made provision…
- § 8702 Application for the alteration or vacation or replatting of all or any portion of an alley, street, avenue, walk, driveway, or park, for plots in the cemetery…
- § 8703 The application may be by the cemetery authority owning or operating the cemetery or if there is no cemetery authority operating the cemetery, by twenty or…
- § 8704 The petition shall be verified and shall specify the facts of such ownership and shall state the reasons for the proposed change and what provisions have…
- § 8705 There shall be presented with the petition a plat of the cemetery and the proposed replat which shall clearly indicate the proposed changes.
- § 8706 The petition shall be filed with the clerk of the superior court, and the clerk shall fix the time for hearing not less then thirty nor more than sixty days…
- § 8707 Notice of the hearing shall be given by publishing a copy of the notice in a newspaper of general circulation near the cemetery in the county in which the…
- § 8708 Copies of the notice shall be posted in three conspicuous places within the cemetery.
- § 8709 The notice shall: (a) Be addressed to all persons owning or interested in plots in the cemetery but need not name them. (b) Set forth in a general way the…
- § 8710 At the time fixed for the hearing, the court shall hear and consider any evidence introduced in favor of and all objections to the changes and may allow the…
- § 8711 The cemetery authority or other person directed by the court shall accept the newly created plots and shall sell and convey them only for interment purposes.
- § 8713 The vacation of an alley, avenue, roadway, walk, driveway, street, or park adjacent to a privately owned plot does not vest any interest in the owner of the…
- § 8714 In allowing any damages to any plot owner for such vacation, the court shall take into consideration the benefit to be received from endowment care.
- § 8715 The provisions of this article are hereby declared to be a necessary exercise of the police power of the State in order to preserve and keep existing…
ARTICLE 2. Care of Active Cemeteries §§ 8725–8748 · 30 sections
- § 8725 A cemetery authority that maintains a cemetery may place its cemetery under endowment care and establish, maintain, and operate an endowment care fund.…
- § 8726 (a) The principal of all funds for endowment care shall be invested and the income only may be used for the care, maintenance, and embellishment of the…
- § 8726.1 (a) If a cemetery authority establishes an endowment care fund, the fund shall be subject to a net income distribution method that requires all of the…
- § 8726.2 (a) On or after January 1, 2021, a cemetery authority, its board of trustees, or its corporate trustee may apply to the Cemetery and Funeral Bureau to convert…
- § 8726.3 (a) Notwithstanding any other law, the principal of the trust fund of a cemetery and all income from it shall be exempt from seizure, under any writ, mandate,…
- § 8728 The cemetery authority may from time to time adopt plans for the general care, maintenance, and embellishment of its cemetery, and charge and collect from all…
- § 8729 Upon payment of the purchase price and the amount fixed as a proportionate contribution for endowment care, there may be included in the deed of conveyance or…
- § 8730 Upon the application of an owner of any plot, and upon the payment by him of the amount fixed as a reasonable and proportionate contribution for endowment care…
- § 8731 (a) The cemetery authority may appoint a board of trustees of not less than three in number as trustees of its endowment care fund. The members of the board of…
- § 8732 Not more than one member of the board of trustees of an endowment care fund may have a proprietary interest in the cemetery authority.
- § 8732.1 Each individual trustee of an endowment care fund shall be a resident of this State, and a corporate trustee shall be qualified to do business in this State.
- § 8733 No sum in excess of 5 percent of the net income derived from an endowment care fund, or special care fund, or both, in any year shall be paid as compensation…
- § 8733.5 In lieu of the appointment of a board of trustees of its endowment care fund, any cemetery authority may appoint as sole trustee of its endowment care fund any…
- § 8734 (a) Except as provided in subdivisions (b), (c), and (d), the board of trustees or corporate trustee of an endowment care fund or one or more special care…
- § 8735 A cemetery authority which has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any property, real, personal…
- § 8736 The endowment care fund and all payments or contributions to it are hereby expressly permitted as and for charitable and eleemosynary purposes. Endowment care…
- § 8737 No payment, gift, grant, bequest, or other contribution for general endowment care is invalid by reason of any indefiniteness or uncertainty of the persons…
- § 8738 (a) For purposes of this section, “net price” means the retail price less any discounts the cemetery provides to consumers for the purchase of an interment…
- § 8738.1 In addition to the requirements of Section 8738 any endowment care cemetery hereafter established shall also have deposited in its endowment care fund the…
- § 8738.2 The endowment care fund under the provisions of this code shall be kept separate and apart from all other cemetery funds. Separate records and books shall be…
- § 8739 A nonendowment care cemetery is one that does not have deposited in an endowment care fund the minimum amounts required by law.
- § 8739.1 Any cemetery established, on or after September 7, 1955, or excluded from the exemption provided in subdivision (c) of Section 8250 by virtue of paragraph (2)…
- § 8740 A cemetery which otherwise complies with Section 8738 may be designated an endowment care cemetery even though it contains a small section which may be sold…
- § 8741 Each endowment care cemetery shall post in a conspicuous place at or near the entrance of the cemetery and at its administration building and readily…
- § 8743 Each nonendowment care cemetery or the Cemetery and Funeral Bureau shall post in a conspicuous place in the office or offices where sales are conducted and in…
- § 8744 There shall be printed at the head of all contracts, agreements, statements, receipts, literature and other publications of nonendowment care cemeteries the…
- § 8745 All the information appearing on the signs and report filed in the cemetery office shall be revised annually and verified by the president and secretary, or…
- § 8746 Any person, partnership, corporation, association, or his, her, or its agents or representatives, who shall violate any of the provisions of this article,…
- § 8747.5 Each cemetery shall at all times maintain and keep within the State of California all books, accounts, records, cash and evidences of investments of its…
- § 8748 Where an endowment care mausoleum or mausoleum-columbarium is operated within an endowment care cemetery and the cemetery corporations or cemetery authorities…
ARTICLE 3. Investment of Endowment Funds §§ 8750–8751.1 · 3 sections
- § 8750 Endowment care funds shall not be used for any purpose other than to provide through income only for the reserves authorized by law and for the endowment care…
- § 8751 The funds shall be invested and reinvested, and kept invested in: (a) Bonds of the United States or this state, or of any county, city and county, or city in…
- § 8751.1 In addition to the requirements of Section 8751, the funds may be invested and reinvested and kept invested in investments of the type and in the manner as…
ARTICLE 4. Special Care §§ 8775–8779.5 · 7 sections
- § 8775 A cemetery authority which has established an endowment care fund may also take and hold any property bequeathed, granted, or given to it in trust to apply the…
- § 8776 The sums paid in or contributed to the fund authorized by this article are hereby expressly permitted as and for a charitable and eleemosynary purpose. Such…
- § 8777 All money or property received by a cemetery authority for deposit in a special care fund shall be placed in the custody of the trustee or trustees thereof…
- § 8778 The following shall be eligible investments for all special care trusts: (a) Bonds of the United States or this state, or of any county, city, or city and…
- § 8778.5 Each special care trust fund established pursuant to this article shall be administered in compliance with the following requirements: (a) (1) The board of…
- § 8779 Nothing in this article shall require liquidation or transmutation of any lawful investment existing on December 31, 1976, but any reinvestment shall be…
- § 8779.5 Each special care fund established pursuant to this article shall be held in trust and managed by either the board of trustees of the cemetery authority’s…
ARTICLE 5. Misrepresentation as to Endowment §§ 8780–8781 · 2 sections
- § 8780 No person, partnership, corporation, association, or his, her, or its agents or representatives, shall sell, offer for sale, or advertise any plot under…
- § 8781 It shall be unlawful for a cemetery authority, its officers, employees or agents, or a cemetery broker or salesman to represent that an endowment care fund or…
ARTICLE 6. Penalties § 8785 · 1 section
- § 8785 Any person, partnership, or corporation administering, managing, or having responsibility for endowment care or special care funds who violates the provisions…
CHAPTER 7. Abandonment §§ 8825–8829 · 5 sections
- § 8825 A city or county having a nonendowment care cemetery within its boundaries which threatens or endangers the health, safety, comfort or welfare of the public…
- § 8826 The resolution for abandonment adopted under the provisions of this chapter shall specify and declare that at any time after the expiration of 60 days after…
- § 8827 After the publication mentioned in Section 8826 of this code and after the expiration of the 60 days specified in the notice, the city or county shall remove…
- § 8828 After the work which the governing body, in its discretion, finds necessary and practicable has been completed, the governing body shall immediately…
- § 8829 Thereafter the city or county shall maintain said pioneer memorial park so that it will not endanger the health, safety, comfort, or welfare of the public.
PART 4. PUBLIC CEMETERY DISTRICTS §§ 9000–9093 · 81 sections
CHAPTER 1. General Provisions §§ 9000–9007 · 8 sections
- § 9000 This part shall be known and may be cited as the Public Cemetery District Law.
- § 9001 (a) The Legislature finds and declares all of the following: (1) There is a continuing need to provide for the respectful and cost-effective interment of human…
- § 9002 The definitions in Chapter 1 (commencing with Section 7000) of Part 1 of Division 7 apply to this part. Further, as used in this part, the following terms have…
- § 9003 (a) This part provides the authority for the organization and powers of public cemetery districts. This part succeeds the former Part 4 (commencing with…
- § 9004 This part is necessary to protect the public health, safety, and welfare, and shall be liberally construed to effectuate its purposes.
- § 9005 If any provision of this part or the application of any provision of this part in any circumstance or to any person, city, county, special district, school…
- § 9006 (a) Any action brought to determine the validity of the organization or of any action of a district shall be brought pursuant to Chapter 9 (commencing with…
- § 9007 (a) Except as provided in this section, territory, whether incorporated or unincorporated, whether contiguous or noncontiguous, may be included in a district.…
CHAPTER 2. Formation §§ 9010–9014 · 5 sections
- § 9010 A new district may be formed pursuant to this chapter.
- § 9011 (a) A proposal to form a new district may be made by petition. The petition shall do all of the things required by Section 56700 of the Government Code. In…
- § 9012 (a) Before circulating any petition, the proponents shall publish a notice of intention which shall include a written statement not to exceed 500 words in…
- § 9013 (a) A proposal to form a new district may also be made by the adoption of a resolution of application by the legislative body of any county or city that…
- § 9014 (a) Once the proponents have filed a sufficient petition or a legislative body has filed a resolution of application, the local agency formation commission…
CHAPTER 3. Board of Trustees §§ 9020–9031 · 12 sections
- § 9020 A legislative body of at least three members known as the board of trustees shall govern every district. The board of trustees shall establish policies for the…
- § 9021 Within 30 days after the effective date of the formation of a district, a board of trustees shall be appointed as follows: (a) In the case of a district that…
- § 9022 (a) Each person appointed by a board of supervisors to be a member of a board of trustees shall be a voter in the district. (b) All trustees shall exercise…
- § 9023 (a) The initial board of trustees of a district formed on or after January 1, 2004, shall be determined pursuant to this section. (b) The persons appointed to…
- § 9024 (a) Except as provided in subdivision (b) of this section, subdivision (c) of Section 9023, and subdivision (d) of Section 9026, the term of office for a…
- § 9025 (a) A board of trustees may adopt a resolution requesting the board of supervisors of the principal county to increase or decrease the number of members of the…
- § 9026 (a) The board of supervisors of the principal county may appoint itself to be the board of trustees of a district and the board of supervisors may divest…
- § 9027 (a) A local agency formation commission, in approving either a consolidation of districts or the reorganization of two or more districts into a single…
- § 9028 (a) At the first meeting of the initial board of trustees of a newly formed district, and in the case of an existing district not later than the first meeting…
- § 9029 A board of trustees shall meet at least once every three months. Meetings of the board of trustees are subject to the provisions of the Ralph M. Brown Act,…
- § 9030 (a) A majority of the board of trustees shall constitute a quorum for the transaction of business. (b) Except as otherwise specifically provided to the…
- § 9031 (a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred…
CHAPTER 4. Powers §§ 9040–9056 · 17 sections
- § 9040 (a) A district may own, operate, improve, and maintain cemeteries and provide interment services within its boundaries. (b) A district shall maintain the…
- § 9041 A district shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this part, including, but…
- § 9042 (a) When acquiring, improving, or using any real property, a district shall comply with Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of…
- § 9043 (a) A district shall have perpetual succession. (b) A board of trustees may, by a two-thirds vote of its total membership, adopt a resolution to change the…
- § 9044 (a) Each district shall adopt policies and procedures, including bidding regulations, governing the purchase of supplies and equipment. Each district shall…
- § 9045 (a) The Myers-Milias-Brown Act, Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code applies to all districts. (b) A board…
- § 9046 A board of trustees may require any employee or officer to be bonded. The district shall pay the cost of the bonds.
- § 9047 A board of trustees may provide for any programs for the benefit of its employees and members of the board of trustees pursuant to Chapter 2 (commencing with…
- § 9048 A district may authorize the members of its board of trustees and its employees to attend professional, educational, or vocational meetings, and pay their…
- § 9049 A district may sell interment rights in its cemeteries, columbariums, and mausoleums, subject to the limitations of this part.
- § 9050 (a) A district may acquire, construct, improve, maintain, or repair a columbarium for the placement of cremated remains. (b) A district shall comply with the…
- § 9051 (a) A district may acquire, maintain, or repair a mausoleum for crypt entombment that was completed on or before May 1, 1937. A district may construct…
- § 9052 (a) A district may require that monuments or markers shall be placed at interment plots. (b) A district may adopt minimum requirements for the permanency of…
- § 9053 A district may sell accessory and replacement objects that are necessary or convenient to interments, including but not limited to burial vaults, liners, and…
- § 9054 (a) A district may use or lease land acquired for a future cemetery for an enterprise if all of the following conditions apply: (1) The district has filed with…
- § 9055 (a) A district may convey a cemetery owned by the district to any cemetery authority, pursuant to this section. (b) The board of trustees of a district that…
- § 9056 (a) A district may dedicate real property or an interest in real property owned by the district to another public agency for use as roads or utility…
CHAPTER 5. Interments §§ 9060–9069 · 14 sections
- § 9060 (a) A district shall limit interment in a cemetery owned by the district to interment in the ground, in columbariums, and in mausoleums, as provided in this…
- § 9061 (a) A district may inter a person who is not a resident of the district or a person who does not pay property taxes on property located in the district in a…
- § 9062 Notwithstanding Section 9060, the board of trustees may contract with any county in which the district is located to inter persons for whose interment the…
- § 9063 Notwithstanding Section 9060, the Oroville Cemetery District may use its cemetery on Feather River Boulevard, north of Oro Dam Boulevard for up to a total of…
- § 9063.3 Notwithstanding Sections 9060 and 9061, the Happy Homestead Cemetery District located in the City of South Lake Tahoe in the County of El Dorado may inter…
- § 9063.5 Notwithstanding Section 9060, the Elsinore Valley Cemetery District may use the portion of its cemetery formerly known as Home of Peace for up to a total of…
- § 9063.7 Notwithstanding Section 9060, the Davis Cemetery District may use its cemetery at 820 Pole Line Road, Davis, for up to a total of 500 interments, for interment…
- § 9063.9 Notwithstanding Sections 9060 and 9061, the Cottonwood Cemetery District in Shasta County, the Anderson Cemetery District in Shasta County, the Halcumb…
- § 9064 (a) The board of trustees shall cause to be prepared and maintained accurate and current records of: (1) The cemeteries owned by the district, showing the…
- § 9065 (a) The board of trustees shall create an endowment care fund. (b) The board of trustees shall require a payment into the endowment care fund for each…
- § 9066 The board of trustees shall cause the principal of the endowment care fund to be invested and reinvested in any of the following: (a) Securities and…
- § 9067 The board of trustees may cause the funds deposited in the endowment income fund pursuant to subdivision (f) of Section 9065 that are not required for the…
- § 9068 (a) The board of trustees shall adopt a schedule of fees for interments in cemeteries owned by the district and for other necessary and convenient services.…
- § 9069 (a) A district may seek the abandonment of an interment plot in a cemetery owned by the district pursuant to this section. (b) The board of trustees shall file…
CHAPTER 5.5. Interment Rights §§ 9069.10–9069.40 · 7 sections
- § 9069.10 An interment right does not include the right for disinterment of human remains except on consent of the cemetery district and the written consent of the…
- § 9069.15 (a) This chapter does not apply to, or prohibit, the removal of remains from one plot to another in the same cemetery or the removal of remains by a cemetery…
- § 9069.20 (a) An interment right provides a transferable property interest to the person listed as the owner in the records of the cemetery district, subject to any…
- § 9069.25 (a) If the owner of an interment right dies without making a valid and enforceable disposition of the interment right by a specific devise in a testamentary…
- § 9069.30 When a public cemetery district acts to transfer ownership rights or make an interment on the basis of the affidavit, given under penalty of perjury pursuant…
- § 9069.35 A person who purports to be the successor owner of an interment right shall execute a written affidavit declaring, under penalty of perjury, all of the…
- § 9069.40 Upon the sale to a person of a plot in a cemetery within a district, the district shall notify the purchaser, in writing, of any interment rights, that this…
CHAPTER 6. Finances §§ 9070–9079 · 10 sections
- § 9070 (a) On or before August 30 of each year, the board of trustees shall adopt a final budget, which shall conform to the accounting and budgeting procedures for…
- § 9071 (a) In its annual budget, the board of trustees may establish one or more restricted reserves. When the board of trustees establishes a restricted reserve, it…
- § 9072 (a) On or before July 1 of each year, the board of trustees shall adopt a resolution establishing its appropriations limit and make other necessary…
- § 9073 The auditor of each county in which a district is located shall allocate to the district its share of property tax revenue pursuant to Chapter 6 (commencing…
- § 9074 (a) A district may accept any grants, goods, money, property, revenue, or services from any federal, state, regional, or local agency or from any person for…
- § 9075 All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 9076 (a) All claims against a district shall be audited, allowed, and paid by the board of trustees by warrants drawn on the county treasurer. (b) As an alternative…
- § 9077 (a) Notwithstanding Section 9076, a district that has total annual revenues greater than five hundred thousand dollars ($500,000) may withdraw its funds from…
- § 9078 A district may, by resolution, establish a revolving fund pursuant to Article 15 (commencing with Section 53950) of Chapter 4 of Part 1 of Division 2 of Title…
- § 9079 (a) The board of trustees shall provide for regular audits of the district’s accounts and records and the district’s endowment care fund pursuant to Section…
CHAPTER 7. Alternative Revenues §§ 9080–9083 · 4 sections
- § 9080 Whenever a board of trustees determines that the amount of revenues available to the district or any of its zones is inadequate to meet the costs of providing…
- § 9081 A district may levy special taxes pursuant to either of the following: (a) Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of…
- § 9082 (a) Whenever a board of trustees determines that it is necessary to incur a general obligation bond indebtedness for the acquisition or improvement of real…
- § 9083 (a) In addition to the other fees authorized by this part, a board of trustees may charge a fee to cover the cost of any other service that a district provides…
CHAPTER 8. Zones §§ 9090–9093 · 4 sections
- § 9090 (a) Whenever a board of trustees determines that it is in the public interest to provide different services, to provide different levels of services, or to…
- § 9091 (a) At the hearing, the board of trustees shall hear and consider any protests to the formation of a zone pursuant to this chapter. The board of trustees shall…
- § 9092 (a) A board of trustees may change the boundaries of a zone or dissolve a zone by following the procedures in Sections 9090 and 9091. (b) Except as provided in…
- § 9093 (a) As determined by the board of trustees and pursuant to the requirements of this part, a zone may provide any service at any level or levels within its…
PART 5. MAUSOLEUMS AND COLUMBARIUMS §§ 9501–9677 · 62 sections
CHAPTER 1. General Provisions §§ 9501–9513 · 14 sections
- § 9501 This part shall be known and may be cited as the Mausoleum and Columbarium Law.
- § 9502 The purpose of this part is to insure the durability and permanence of mausoleums and columbariums by requiring that they be constructed of such material and…
- § 9503 Unless the provision or the context otherwise requires, the definitions and general provisions set forth in this chapter govern the construction of this part.
- § 9504 “Mausoleum” includes any building or structure, used or intended to be used, for the interment of human remains. A columbarium may be built within a mausoleum.
- § 9504.5 “Private mausoleum or columbarium” shall be a freestanding structure which: (a) Is constructed for use by the members of any one group, and not for the sale of…
- § 9505 “Companion crypts” or “nest of crypts” means two or more crypts entered through a single crypt opening.
- § 9506 “Columbarium” includes any building or structure, used or intended to be used, for the interment of cremated human remains.
- § 9507 “Uniform Building Code” means the 1991 Edition of the Uniform Building Code, with 1992 amendments, adopted and published by the International Conference of…
- § 9508 “The Uniform Plumbing Code” means the 1991 Edition of the Plumbing Code, with 1992 amendments, adopted and published by the International Association of…
- § 9509 “National Electrical Code” means the 1990 Edition of the National Electrical Code, with 1992 amendments, adopted and published by the National Fire Protection…
- § 9510 “Incombustible Material” means and includes any material having an ignition temperature higher than 1,000 degrees Fahrenheit.
- § 9511 “Type I Construction” includes the type of construction designated and specified as Type I Building Construction in the Uniform Building Code.
- § 9512 The provisions of this part shall not apply to any structure or building used or intended to be used for the interment of human remains all portions of which…
- § 9513 (a) The provisions of this part shall apply to any cemetery that acquires, constructs, improves, maintains, or repairs a mausoleum or columbarium. (b) The…
CHAPTER 2. Enforcement §§ 9525–9528 · 4 sections
- § 9525 The building department of every city or city and county shall enforce the provisions of this part within such city or city and county. “Building department”…
- § 9526 The department, officer or officers of a county who are charged with the enforcement of laws or ordinances regulating the erection, construction or alteration…
- § 9527 Any city or county may, by ordinance, designate any department or officer to enforce any portion of this part.
- § 9528 In any city where there is no department or officer charged with or designated for the enforcement of this part, the appropriate department, officer or…
CHAPTER 3. Permits and Plans §§ 9550–9580 · 9 sections
ARTICLE 1. General Provisions § 9550 · 1 section
- § 9550 It is unlawful for any person to construct, or cause or permit to be constructed upon any property belonging to or controlled by him, any mausoleum or…
ARTICLE 2. Application, Permit and Certificate of Occupancy §§ 9560–9565 · 6 sections
- § 9560 A person desiring a permit shall file a written application with the department or official charged with the enforcement of this part on forms furnished by it.…
- § 9561 The application shall be accompanied by: (a) Two full, true and complete sets of plans showing in detail the work proposed and whether it is for new work,…
- § 9562 The department shall cause all plans, specifications, and statements to be examined, and, if they conform to the provisions of this part, shall issue a permit.
- § 9563 The department may, from time to time, approve changes in any plans, specifications, or statements, previously approved if the changes are in conformity with…
- § 9564 The issuance or granting of a permit or approval is not a permit or approval of a violation of any provision of this part.
- § 9565 A true copy of the plans, specifications, and other information submitted or filed upon which a permit is issued, with the approval of the department with…
ARTICLE 3. Cancellation of Permit § 9575 · 1 section
- § 9575 In the case of any refusal, or neglect of the person to whom a permit or approval has been issued to comply with all of the provisions of this part, or in case…
ARTICLE 4. Expiration of Permit § 9580 · 1 section
- § 9580 Every permit or approval under which no work is done within one year from the date of issuance expires by limitation and a new permit shall be obtained before…
CHAPTER 4. Inspection and Approval §§ 9590–9592 · 3 sections
- § 9590 When the work is completed in accordance with plans, specifications, and statements previously made and upon which the permit or approval was issued, the owner…
- § 9591 The department shall inspect or cause the work to be inspected, and shall issue a certificate of occupancy if the work has been performed in accordance with…
- § 9592 When it is found that the building or structure is structurally complete, upon request, a temporary certificate of occupancy shall be issued by the department…
CHAPTER 5. Construction §§ 9600–9647 · 29 sections
ARTICLE 1. General Provisions §§ 9600–9603 · 6 sections
- § 9600 No mausoleum or columbarium shall be constructed and no existing building or structure shall be altered for use as a mausoleum or columbarium unless the entire…
- § 9600.5 The Cemetery and Funeral Bureau may, in addition to the construction methods and standards allowed in this chapter, adopt regulations for the construction of…
- § 9600.6 Private mausoleums or columbariums may be constructed in conformance with the methods and standards set forth in this chapter or in conformance with the…
- § 9601 All mausoleums or columbariums shall be of Type I Construction as specified in the Uniform Building Code, except as otherwise provided in this chapter.
- § 9602 Plumbing in all mausoleums or columbariums shall conform to the provisions of the Uniform Plumbing Code.
- § 9603 Electrical work in all mausoleums or columbariums shall conform to the provisions of the National Electrical Code.
ARTICLE 2. Structural and Material Requirements of Community Mausoleums and Columbariums §§ 9625–9647 · 23 sections
- § 9625 Every mausoleum or columbarium shall be designed and constructed to conform to the earthquake provisions of the Uniform Building Code.
- § 9626 Except as otherwise provided in this chapter, all materials used in the construction, ornamentation, or embellishment of mausoleums or columbariums shall be…
- § 9627 All structural framework shall be of cast-in-place reinforced concrete, or of structural steel sections, or of concrete over metal decking; provided, however,…
- § 9628 All floors shall be designed and constructed for a live load of not less than 100 pounds per square foot.
- § 9629 Footings shall be designed and constructed to conform to the requirements of the Uniform Building Code or specifications of a licensed geotechnical engineer.
- § 9630 Floor slabs placed on earth shall be constructed of reinforced concrete designed by a licensed structural or civil engineer to include control joints at…
- § 9631 Where any wall is constructed against a bank of earth, rock, or other porous material, or where crypts are adjacent to an outside building wall below grade,…
- § 9632 Except as provided in Section 9633, all crypt walls and crypt floor slabs shall be constructed of cast-in-place, reinforced concrete; crypt walls shall conform…
- § 9633 Horizontal and vertical partitions separating crypts comprising companion crypts or a nest of crypts entered through a single crypt opening may be constructed…
- § 9634 Each crypt, including each crypt in a companion crypt or in a nest of crypts referred to in Section 9633, shall be designed for a total live load of 600 pounds.
- § 9635 (a) All individual crypt openings shall be sealed with a solid panel of precast concrete, not less than 1 1/2 inches thick, fiber reinforced cement board not…
- § 9636 All marble floors shall be constructed on a bed of mortar or mastic placed on the floor subslab, with an approved additive to retard efflorescence.
- § 9637 All interior or exterior veneers shall be of stone, cast stone, granite, travertine, or marble, or other material allowed in the Uniform Building Code for type…
- § 9638 Material for exterior trim, including exterior crypt and niche fronts, shall be travertine, serpentine marble, or grade A exterior type marble or granite, only.
- § 9639 Joints shall be of uniform thickness and when mortar is used it shall be raked out as work progresses and on completion of installation joints shall be…
- § 9640 Grout used for joints and pointing shall conform with the requirements of the Uniform Building Code.
- § 9641 Masonry veneer shall be attached to the supporting wall in accordance with the requirements of the Uniform Building Code.
- § 9642 All base, architraves, wainscoting and all other vertical work other than crypt fronts shall be securely anchored in place with rods, clips, or other suitable…
- § 9643 All interior and exterior fastenings for hangers, clips, doors, and other objects shall be of copper base alloy, aluminum, copper or stainless steel of…
- § 9644 All exterior materials used for doors, window frames, skylights, gutters, downspouts, flashings or embellishment shall be of copper, copper base alloy,…
- § 9645 In the event that during a national emergency, as proclaimed by the Governor for purposes of this section, none of the materials listed in Sections 9643 and…
- § 9646 Roofs shall be constructed of cast-in-place reinforced concrete, and any roof covering shall be “Fire Retardant” in conformity with the requirements of type I…
- § 9647 All skylight frames shall be fabricated in conformance with structural requirements, and shall contain wire glass, tempered glass, or plastic of comparable…
CHAPTER 6. Penalties §§ 9675–9677 · 3 sections
- § 9675 Every person who violates any provision of this part is guilty of a misdemeanor, punishable by fine of not less than one hundred dollars ($100) nor more than…
- § 9676 Every owner or operator of a mausoleum or columbarium erected in violation of this part is guilty of maintaining a public nuisance and upon conviction is…
- § 9677 The penalties of this chapter shall not apply as to any building which, at the time of issuance of a permit for the construction thereof was in compliance with…
PART 6. PET CEMETERIES §§ 9700–9703 · 4 sections
- § 9700 The owner of property may dedicate the property to pet cemetery purposes by a notarized dedication recorded with the county recorder of the county in which the…
- § 9701 All mortgages, deeds of trust, and other liens of any nature, hereafter contracted, placed, or incurred upon property which has been, and was at the time of…
- § 9702 If a dedication is made pursuant to Section 9700, the pet cemetery owners shall charge an endowment maintenance fee to persons whose pets will be buried in the…
- § 9703 (a) A pet cemetery owner may dispose of the remains of any pet which has been left for more than seven days at the pet cemetery if arrangements have not been…