TITLE 12 - PARKS, PUBLIC PROPERTY, AND RECREATION
Part of the City Ordinances of Kaysville, UT.
The text
Chapter 1 - Parks and Recreation Department#
12-1-1 - Department Created.#
There is hereby created the Parks and Recreation Department.
12-1-2 - Director.#
There is hereby created the position of Parks and Recreation Director who shall be the Parks and Recreation Department supervisor.
(Ord. 25-02-02, § 1, 2/20/2025)
12-1-3 - Powers and Duties.#
1.
It shall be the duty of the Parks and Recreation Director to supervise the operation and maintenance of the City's parks, public grounds, buildings, recreation programs and the City Cemetery in accordance with the provisions of the City ordinances and the rules and regulations adopted by the City.
2.
The Director shall regularly inspect the condition, function, and operations of the City's parks, public grounds, buildings and its recreation programs. Records of such inspections shall be maintained by the Director and shall be made available to the City Manager as requested.
3.
As directed by the City Manager, the Director shall report to the City Council with respect to the condition, function, and operations of the City's parks, public grounds, buildings, cemetery, and its recreation programs.
4.
The Director may also employ, subject to the approval of the City Manager, such staff and other resources as shall be necessary to carry out the duties prescribed by the City ordinances and by the rules and regulations adopted by the City.
(Ord. 25-02-02, § 2, 2/20/2025)
Chapter 2 - Parks and Public Property#
12-2-1 - Defacement or Littering.#
1.
It shall be unlawful for any person to destroy, deface, injure, or interfere with any part, structure, fixture or appurtenance of any park or public property.
2.
No dumping or littering shall be allowed on any City park premises. No garbage generated outside of the park premises shall be transported to or dumped within the park or within any garbage receptacles belonging to the City and located within the park. Any garbage generated through use of the park premises shall be deposited within designated garbage receptacles.
3.
Any person(s) convicted of the above actions will be responsible for payment of the cost and expenses involved to restore the property to its original state.
(Ord. 25-02-02, § 3, 2/20/2025)
12-2-2 - Motor Vehicles.#
1.
Motor Vehicles Specified. For purposes of this Section, motor vehicles include, but are not limited to, automobiles, trucks, off-road vehicles, motorcycles, motorbikes, and snowmobiles.
2.
Locations. No motor vehicles may be driven at any place within a City park, other than in those areas specifically designated and posted as allowing such vehicles. This shall not apply, however, to motorized or self-propelled equipment or emergency vehicles used within the park by officers or employees of the City in the performance of their official duties.
3.
Snowmobiles and Off-Highway Vehicles. It shall be unlawful to operate or drive any snowmobile or other off-highway vehicle within any area of any City park at any time.
4.
Speed. It shall be unlawful to operate or drive any motor vehicle within any City park at a speed in excess of that speed posted on the particular road, trail or pathway within the park. In the absence of a posted speed limit, no motor vehicle may be operated within any City park at a speed in excess of ten (10) miles per hour.
5.
Manner of Operation. No motor vehicles shall be operated in a careless or reckless manner to such an extent that it will endanger the peace, health and safety of any other person or animal within the property.
6.
Parking. There shall be no parking at any time except in areas designated for such purposes. Abandoned vehicles shall be towed at owner's expense. No one shall test or repair any vehicle or mechanical device in any park, trail or multi-use open space.
(Ord. 25-03-01, § 1, 3/6/2025)
12-2-3 - Hours of Use.#
The City Council may establish hours in which parks or public property can be used. Use at other times shall be unlawful and the presence of any unauthorized person shall constitute trespassing. Parks hours shall be 6:00 a.m. to 11:00 p.m.
12-2-4 - Animals.#
It shall be unlawful for any person to take any animal into any part of any park or onto public property or permit any animal owned or in the custody of such person to enter any part of any park or onto public property except as approved by the City Council. Service animals are permitted.
(Ord. 25-02-02, § 4, 2/20/2025)
12-2-5 - Alcoholic Beverages, Drugs or Gambling.#
The sale, consumption or possession of intoxicating liquors or beverages, illegal drugs, or gambling of any kind, is prohibited in all parks, on all trails, and on multi-use open space properties of the City.
(Ord. 25-02-02, § 5, 2/20/2025)
12-2-6 - Safety.#
It shall be unlawful for any person to engage in any activity in any park or on public property in a manner that endangers others using the facility. 1.
No person shall carry or discharge any firecrackers, rockets, or any other explosives within a City park, except persons who have obtained a special permit from the City to put on a fireworks show.
2.
No person shall make or kindle a fire within a City park for any purpose, unless such person shall do the same in designated areas (Wilderness Park) and at designated times where a fireplace or other facility intended to contain a fire is available. Fire Department can restrict fire pits in the Wilderness Park at any time.
3.
No person shall engage in fighting or indulge in riotous, boisterous, intoxicated, threatening, promiscuous or indecent conduct or use any abusive, threatening, profane or indecent language in a City park.
(Ord. 25-02-02, § 6, 2/20/2025)
12-2-7 - Camping or Sleeping Overnight.#
1.
It shall be unlawful for a person to camp, lodge, or pitch a tent, fly, lean-to, tarpaulin or any other type of camping equipment on public property, in any park, or at any playground.
2.
The following circumstances are exempt from the prohibitions detailed in 12-2-7(1):
a.
The forty-eight (48) hours prior to and the twenty-four (24) hours following a city-sponsored parade.
b.
Shade tents or other coverings erected for private social events in parks only. Shade tents erected in parks for a private social event shall only be allowed for a four-hour duration. Private shade tents shall not be erected on any public property that is not a park.
c.
Camping at the East Kaysville Wilderness Park shall be allowed provided that those camping have been properly permitted by the City.
d.
In conjunction and as an allowed part of any temporary city-sponsored event.
3.
A violation of this Section shall be a Class C Misdemeanor.
(Ord. 22-06-01, 6/2/2022; Ord. 25-02-02, § 7, 2/20/2025)
12-2-8 - Concessions.#
No person may sell food, drinks, or other items in the park, trail or multi-use open space except as may be permitted by special contract approved by the City.
(Ord. 25-02-02, § 8, 2/20/2025)
12-2-9 - Entertainment and Similar Activities.#
No commercial entertainment, demonstration, exhibition, meeting, concert or tournament, whether public or private, shall be given in any park, trail or multi-use open space without having obtained written permission from the City. This Section does not prohibit free expression activities, such as noncommercial demonstrations, protests, or assembly for noncommercial purposes.
(Ord. 25-02-02, § 9, 2/20/2025)
12-2-10 - Personal Profit or Financial Gain.#
Reservations for park areas or multi-use open spaces or facilities shall not be granted for personal profit or financial gain without written permission from the City.
(Ord. 25-02-02, § 10, 2/20/2025)
12-2-11 - Signs and Advertising.#
No person shall, without written permission of the Parks and Recreation Director or designee, erect, paint, paste or otherwise affix or distribute any signs, advertisements or circulars on parks, trails or multi-use open space.
(Ord. 25-02-02, § 11, 2/20/2025)
12-2-12 - Bicycles and Skateboards.#
Except as otherwise posted, self-propelled vehicles such as bicycles, skateboards, roller skates, rollerblades, scooters, or motorized wheelchairs, and similar types of vehicles may be used within public parks. No self-propelled vehicles or motorized wheelchairs shall be operated in a careless or reckless manner to such an extent that it will endanger the peace, health and safety of any other person within the City park area or in any way that will damage the facilities, plants or property within the park.
(Ord. 25-03-01, § 2, 3/6/2025)
Chapter 3 - Cemetery#
12-3-1 - Definitions.#
In this Chapter, the following words or phrases shall have the following meanings unless the context otherwise clearly indicates:
Block - A land area of one (1) or more lots.
Cemetery - Any Cemetery owned or maintained by the City for the purpose of receiving the remains of deceased humans for earth interments.
Cemetery Office - The term "cemetery office" shall mean the main office maintained at 425 East Crestwood Road, Kaysville, Utah.
Certificate or Deed - The term "certificate" or "deed" referred to herein shall mean Burial Right Certificate.
Certificate Holder - Is intended to mean and shall be construed to mean owner or purchaser of burial rights and privileges, or the collateral right of use of any burial plot, evidenced by a Burial Right Certificate or by proved and recognized descent or devise from the original owner.
City - Kaysville City, Utah, whether or not so designated.
Council or City Council - The City Council of Kaysville City, Utah.
Human Remains - Any portion relating to that of a deceased human being.
Lot - Shall apply to numbered divisions as shown on the record plat which consists of two (2) or more plots.
Lot Marker - Refers to the cement blocks approximately six inches (6") by six inches (6") by twelve inches (12") used by the Cemetery and located in the northeast corner of the lot or plot.
Marker - A headstone flush with the surface of the ground made of granite, marble, or metal substances.
Monument - The term "monument" shall include a tombstone or headstone of granite, marble, or metal substances which shall extend above the surface of the ground at least twelve inches (12") in height or higher, but not exceeding three feet (36") in height.
Perpetual Care - The maintenance care that the City agrees to give and shall consist of care of the Cemetery generally, but shall not include repairing or replacing marker or monument structures of any nature, except when the need for repair or replacement is directly caused by the City.
Person - Individual, group, partnership, firm, corporation or association.
Plat - The term "plat" shall mean a land area or lawn designated by a letter in the alphabet (namely A, B, C, D, E, F, G, H, and I) that is bordered by roadways and is one (1) or more blocks.
Plot - A space of sufficient size to accommodate one (1) adult interment approximately forty inches (40") by ninety-six inches (96") or one (1) infant interment approximately twenty-eight inches (28") by fifty-two inches (52").
Resident - The term "resident" shall be defined as follows: a.
Any person who was domiciled within the corporate limits of Kaysville City, Utah, at the time of death, regardless of the actual place of death.
b.
Any person owning real property within the corporate limits of Kaysville City, Utah, at the time of death, regardless of the residence or domicile of such person.
c.
Any person who was formerly domiciled within the corporate limits of Kaysville City, Utah, immediately prior to moving from the City for the purpose of becoming domiciled in any facility for the purpose of receiving medical or residential care.
d.
After November 11, 2011, any married person who owns the right to bury in two (2) adjacent spaces and buries his or her spouse in one (1) of those spaces while both are residents, regardless of his or her domicile at the time of his or her death.
Responsible Party - Shall refer to any person selected by the family of the deceased to act in its behalf and can include the heir apparent, religious leader, mortician, funeral director, or any other person the family selects in choosing graves, making available information on the deceased party, and taking full liability for the family obligations concerning the services performed on the Cemetery's property.
Sexton - The appointed keeper of the Cemetery whose duties are described herein.
Words - Single words shall include the plural, and masculine words shall include the feminine and neuter.
(Ord. 25-02-02, § 12, 2/20/2025)
12-3-2 - Cemetery Name.#
The burial ground of Kaysville City shall be known and designated by the name of Kaysville City Cemetery.
12-3-3 - Cemetery Sexton.#
The position of Cemetery Sexton is hereby created. The Parks and Recreation Director shall be ex officio Cemetery Sexton. The Director may designate a Cemetery Sexton.
(Ord. 25-02-02, § 13, 2/20/2025)
12-3-4 - Duties of Cemetery Sexton.#
1.
It shall be the duty of the Cemetery Sexton to supervise, manage, operate, maintain and improve the Cemetery in accordance with the provisions of the City ordinances and the rules and regulations adopted by the City Council.
2.
It shall be the duty of the Sexton to keep a true and correct plat of the Cemetery showing the location of all burial plots and such other information as the City Council may prescribe and shall keep or have kept such other records regarding the Cemetery as the City Council shall direct.
3.
The Sexton shall direct the layout and digging of all graves required for burial therein, to direct all removals, changes and other authorized operations.
4.
The Sexton shall take charge of all funeral corteges while in the environs of said Cemetery and regulate all traffic within the Cemetery as deemed necessary.
5.
The Sexton shall approve all claims chargeable against the Cemetery before submission of the documentation of claims to the City Manager or his designee.
6.
The Sexton may employ such staffing and other resources as shall be necessary to carry out the duties of the Sexton.
7.
The Sexton may recommend to the City Manager for approval by the City Council appropriate regulations concerning the care, use, and maintenance of the Cemetery.
8.
Any person or firm desiring to perform any work within the Cemetery must first secure the approval and written permission of the Sexton. All settings of vases, markers and monuments and all plantings of trees, shrubs and flowers must be approved by the Sexton before the work is commenced. All work will be performed by the direction of the Sexton.
9.
It shall be the duty of the Sexton to remove floral pieces or displays left on any grave as they deem necessary.
(Ord. 25-02-02, § 14, 2/20/2025)
12-3-5 - Interments.#
1.
Nothing other than human remains shall be interred within the Kaysville City Cemetery, and no cemetery shall be established without the express written permission of the City Council.
2.
Before burying human remains in the Cemetery, there shall be procured from the Cemetery Office an Interment Order for the deceased person in such plot, lot, block and plat as may be designated by the responsible party. This Order must be completed and all applicable fees paid in full no less than forty-eight (48) hours prior to the scheduled funeral service.
3.
Under no circumstances will the City assume responsibilities for errors in opening graves when orders are given by telephone or for any mistake occurring from want of precise and proper instructions as to the particular plot, size of grave, and location where interment is desired.
4.
Funeral directors must schedule the use of the Cemetery, have the Interment Order signed, and have fees paid in full before arrangements with the family are concluded.
5.
No person, except the certificate holder of a lot upon which the interment is to be made, shall use a plot or lot in the Cemetery, without first obtaining written permission from the certificate holder of said lot, or nearest relative of the certificate holder thereof, or legal heirs, which permission shall be filed with the Cemetery Office.
6.
No interment of two (2) or more bodies shall be made in one (1) grave except in the case of a parent and child or two (2) infants buried in one (1) casket. Cremation urns shall not be allowed to be interred over existing vaults or caskets without prior approval of the Sexton or representative.
7.
The human remains must be delivered to the Cemetery at or before 2:30 p.m. (November 1 to April 30) and at or before 3:30 p.m. (May 1 to October 31) for interment if the grave is to be closed the same day.
8.
There shall be no interments on Sundays or any City-observed holiday.
9.
It shall be unlawful for any remains to be interred in the Cemetery unless the casket or urn shall be placed in a vault made of reinforced concrete, stone, or metal.
10.
No grave will be opened in the Cemetery until the interment fee, burial right fee and other applicable fees, as established from time to time by Resolution of the City Council, are paid in full to the satisfaction of the Sexton or designee. The interment fee is solely determined by the residential status of the deceased and not by the person(s) who assumes responsibility for paying for interment. The completion of the Interment Order from the Cemetery Office to the Sexton will be his authority to open or cause to be opened a grave for the burial of the deceased. However, upon a verbal or written contract being entered into between the funeral director and the City wherein the said funeral director agrees to guarantee, be responsible and liable for fees for the opening of a grave, or any other applicable fees related to the interment, and be personally liable for such fees, the Sexton may give authority to open graves. The said funeral director then has thirty (30) days from date of interment to pay in full all outstanding fees related to his guaranteeing of payment.
11.
Once a casket containing the human remains is within the confines of the Cemetery, no funeral director nor assistant, employee, agent, or any other person, shall be permitted to open the casket or to touch the body without the written consent of the legal representative of the deceased or any order signed by a court of competent jurisdiction.
12.
The Sexton, and those employees of the City designated by the Sexton, are the only persons who will be permitted to open graves with the following exceptions:
a.
When the Cemetery is directed to make a disinterment by order of a court of competent jurisdiction and a certified copy of such order has been filed with the Cemetery Office.
b.
When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the Cemetery Office their signed authorization to release the body to themselves and their lawful agents. In such case, the disinterment must be made by the coroner or lawful agents. City employees will not be permitted to assist the coroner or agents.
13.
The City will not be liable for the identity of the person to be interred.
14.
The City Council, with the advice of the Sexton, may designate a portion of the Cemetery for the burial of indigents. A burial of an indigent in the Cemetery must be approved and administered by current policy as set forth by Davis County in conjunction with local funeral directors prior to interment.
15.
Burial Right Certificate holders shall not allow interments in their plots or lots in return for remuneration of any kind.
16.
Persons responsible for the deceased will have full liability for the remains of the deceased when it enters the grounds of the Cemetery and will have complete charge of those remains and will cause the deceased to be lowered into the grave site. After this has been accomplished, the Sexton or their representative will take charge of the remains and will proceed thenceforth with the closing of the grave.
17.
The Sexton or their representative has the perpetual right of ingress and egress over any part of the Cemetery burial plat areas and shall use reasonable care in protecting all existing turf, markers, monuments, grave flowers, grave decorations, trees or existing shrubbery in order to cause the opening and closing of graves with the required vehicles, equipment, tools and personnel.
18.
Saturday services will be charged an additional fee as set forth by resolution of the City Council in addition to the standard interment fee.
19.
Plat D, Section 5, of the Cemetery is designated for the burial of infants and urns and such burials are subject to the following regulations:
a.
All burials therein must be in concrete vaults as required elsewhere in the Cemetery.
b.
All grave markers therein must not extend above the level of the ground.
c.
In the event of disinterment, the right to burial reverts to the City and the value will be applied to re-interment, if in the Kaysville City Cemetery.
(Ord. 25-02-02, § 15, 2/20/2025)
12-3-6 - Disinterments.#
1.
No person shall disinter any human remains in the Cemetery, except under the direction of the Sexton. All disinterments shall comply with applicable State law.
2.
The Order for Disinterment shall include the name of the deceased, when and where born, when and where the place of death occurred, together with the name of parents and spouse, also the date of burial, as well as the name of the cemetery, with the initial letter of the plat, as well as the number of block, lot and burial plot number, and the place of destination if disinterred and transferred beyond the environs of the Cemetery.
3.
If the disinterment is to be transported outside the environs of the Cemetery, the Cemetery Office shall require a written Order For Disinterment together with a Burial Transit Permit from the Davis County Department of Health to be executed by the certificate holder or their heirs authorizing such removal at least one (1) week prior to the day of the disinterment.
4.
The City assumes no responsibility whatsoever for the condition of any casket or vault involved in any removal.
5.
It shall be unlawful for any person to remove the body of a person who has died of a contagious disease within two (2) years from the date of burial unless the body has been buried in a hermetically sealed coffin, or vault, and is found to be so encased at the time of removal.
6.
Fees for disinterments will be charged according to the work involved, with a base fee established by the City Council.
7.
The Cemetery reserves, and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals, or the description, transfer or conveyance of any interment property, either by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the Cemetery office, or, in the sole discretion of the Cemetery office, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the disinterment of the remains of any person in such property, the Cemetery reserves, and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.
8.
In the event of disinterment, the right to burial of said plot(s) reverts to the City and the value at time of purchase will be applied to re-interment, if in the Kaysville City Cemetery.
(Ord. 25-02-02, § 16, 2/20/2025)
12-3-7 - Sale of Burial Rights.#
1.
The Cemetery Sexton, and such other persons as the Sexton may designate, are hereby authorized to sell the use of burial spaces in the Cemetery for interment purposes only and to collect all sums arising from such sale. The Sexton shall not sell the use of more than two (2) burial spaces to persons of the same household unless there is immediate need for use of more. Residents and nonresidents of Kaysville City may purchase burial rights only at-need. The Sexton shall keep a complete record of all sales, which record shall describe the location of the burial spaces purchased and the price paid therefor. The purchaser shall receive a receipt describing each right of use so purchased, together with the amount paid and the balance, if any. The Cemetery Sexton shall retain a duplicate copy in the Cemetery receipt book.
2.
The City Council may establish by resolution the burial right fee for all Cemetery spaces or parts thereof. Payments made pursuant to this Section shall not be construed to be payment for any Cemetery services.
3.
It shall be unlawful for any person to bury the remains of a deceased person in the Cemetery without first paying in advance, and before the opening of the space to be occupied, the full cost for use of said space.
4.
Burial rights to any space shall not be sold, transferred, conveyed, or assigned by the purchaser or certificate holder except to the City or to direct heirs. A resident may transfer burial rights to a nonresident heir if the purchase of that right is accomplished prior to the time of death, and the burial right certificate is in their possession.
5.
Whenever spaces are transferred, or revert to the City, or become vested in the municipality for any reason, the original Certificate shall be cancelled, and the record shall be so changed before new Certificates are issued. A transfer fee as set forth from time to time by resolution of the City Council shall be paid to the Cemetery Office for such transaction.
6.
In the event the Sexton or any party desires to exchange one (1) space inside the Cemetery for another space they may do so by informing the Cemetery Office of their desire and paying for the Certificate Transfer Fee.
7.
The right to enlarge, reduce, re-plat or change the boundaries or grading of the Cemetery or a section or sections, from time to time, including the right to modify or change the locations of or remove or regrade roads, drives, or walks, or any part thereof is hereby reserved. The right to lay, maintain, operate, alter or change pipelines for sprinkling systems, drainage, etcetera, is also expressly reserved, as well as is the right to use Cemetery property not sold to individual burial right owners or plots reclaimed for Cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto.
(Ord. 25-02-02, § 17, 2/20/2025; Ord. 25-09-01, § 1, 9/4/2025)
12-3-8 - Reclamation.#
The City may reclaim any unused burial site which has been unused for burial purposes for more than sixty (60) years. The City Council by virtue of its adoption of this provision, authorizes and mandates the Sexton to reclaim any such site(s). Prior to reclaiming any lot or portion thereof, proper notification procedures, as provided by law, will be followed. The City Council reserves the right to amend the notification procedure as to extend the process of said procedure. Descendants or other heirs shall have preference over non-heirs or non-descendants in purchasing a Burial Right on the lots or portions thereof being reclaimed. The cost of the burial right(s) will be at current purchase price.
12-3-9 - Perpetual Care.#
1.
There is hereby established a Cemetery Perpetual Care Nonexpendable Trust Fund. There shall be deposited in the Fund the portion of the Cemetery fees as established from time to time by Resolution of the City Council. The annual interest income from the Fund shall be used to assist in the care, maintenance and operation of the Cemetery.
2.
Perpetual care shall be deemed to include general grounds maintenance, but shall not include repairing or replacing monuments of any nature, except when the need for repair or replacement is directly caused by the City.
12-3-10 - Capital Improvement Fund.#
There is hereby established a Capital Improvement Fund for future expansion of new burial sites and portions thereof and construction of fixtures as deemed necessary in the Cemetery. There shall be deposited in the fund the portion of the burial right fees as established from time to time by Resolution of the City Council. The sum total of these monies deposited and interest accrued thereon shall be used solely for the purposes of capital improvement or expansion of the Cemetery.
12-3-11 - Monuments and Markers.#
1.
The certificate holders for spaces or relatives of the deceased person(s) buried in the Cemetery may not install or remove, or cause the installation or removal, of any type of marker or monument on any grave space(s) without first obtaining the approval of the Sexton.
2.
Grave markers shall either be flush with the ground or between twelve inches (12") and three feet (3') in height.
3.
Grave markers shall have and be set in a finished, grass-level cement base or apron (commonly known as a mow strip) extending outward from the outer perimeters of the stone or metal grave markers for at least six inches (6"), so that the lawn may be cut conveniently without contact to the headstone or marker.
4.
The combined length (extending north/south) of the mow strip and grave marker shall not be longer than the width of the burial plot(s) the rights to which are owned by the monument owner.
5.
The combined width (extending east/west) of the mow strip and grave marker shall not exceed thirty-two inches (32") of the burial plot(s) owned by the monument owner.
6.
The inscription with the name(s) of the deceased on all grave markers in the Cemetery shall be so inscribed on the stone or metal marker facing west so that a person may be able to read it when facing the east.
7.
The installation of all grave markers or monuments will be under the supervision of the Sexton. A notice to the Cemetery Office by the monument company or responsible party must be made at least twenty-four (24) hours prior to the installation.
8.
All grave markers and monuments shall be set with the outside west edge of the burial space on the marker placement line as established by the Sexton or the designee.
9.
Failure to comply with the above regulations for grave markers and monuments will justify the City in refusing the placement of said markers or monuments. Any and all costs involved with altering said markers in order to comply with the above regulations will be borne by those having ordered said markers.
10.
All headstones being placed in the area designated as Plat D, Section 5 and Plat E, Section 5, Plat G Lots 114, 121, 128, 135, 142, 149, 156, 163, 170, 177, 184, 191, 198, 205, 212, and 219, Plat I shall be restricted to markers that do not extend above the level of the ground.
11.
Before any marker or monument may be placed on any plot(s), the full purchase price for use of said plot(s) must be paid in full whether or not the plot(s) are occupied with human remains.
12.
When the need arises to move from its location either a marker or monument in order to inter human remains, a fee will be assessed on the Interment Order in addition to the interment fees. This fee will be governed and set forth by the City Council and may change from time to time as the City Council may deem necessary. The monies collected will be designated part of the operating budget of the Cemetery.
13.
When an adult burial plot is divided, the east half shall be restricted to markers that do not extend above the level of the ground.
14.
All monuments and markers installed shall comply with the following:
a.
Maximum headstone dimensions for flat markers: thirty-two inches (32") width for a single stone (including six inch (6") mowstrips), forty inches (40") length for a single stone (including six inch (6") mowstrips), thirty-two inches (32") width for a double stone (including six inch (6") mowstrips), eighty inches (80") length for a double stone (including six inch (6") mowstrips).
b.
Maximum headstone dimensions for upright monuments: thirty-two inches (32") width for a single stone (including six inch (6") mowstrips), forty inches (40") length for a single stone (including six inch (6") mowstrips). No less than twelve inches (12") nor more than thirty-six inches (36") height for a single stone, thirty-two inches (32") width for a double stone (including six inch (6") mowstrips), eighty inches (80") length for a double stone (including six inch (6") mowstrips). No less than twelve inches (12") nor more than thirty-six inches (36") height for a double stone.
c.
All monuments and markers shall have no less than six inch (6") concrete or stone mowstrips around the perimeter (meaning all sides) of the headstone. Mowstrips must be solid and contiguous in an unbroken sequence.
d.
All monuments and markers shall be inspected for compliance on the date the headstone is to be installed and a permit issued before installation is permitted in the Cemetery. The installer shall notify the City twenty-four (24) hours prior to installation and schedule the time for inspection, payment of the fee and issuing the permit at 425 East Crestwood Road, Kaysville. Permits will only be issued on Monday through Friday, except for holidays, between 8:30 a.m. and 2:30 p.m. If the headstone does not comply in any way, it will not be permitted and the City will not bear any cost to make it comply.
e.
The City Council may establish by resolution, from time to time, the installation permit fee and the fine for installing a headstone without first obtaining the required permit.
f.
Headstone setting is at the discretion of the Sexton or designee during inclement weather.
15.
The Cemetery and City accept no responsibility for loss or damage to any monument or marker unless such loss or damage is a direct result of negligence on the part of the City.
(Ord. 25-02-02, § 18, 2/20/2025)
12-3-12 - Decoration of Graves.#
1.
Fresh cut flowers are permitted any time if placed in a permanent vase located either on the monument (upright headstone) or in the mow strip (the cement or granite border) and may be removed and discarded without notice when they become unsightly at the discretion of the Sexton.
2.
Artificial flowers (dried, plastic, or silk) and decorations, including but not limited to balloons, craft items, figurines, flags, pinwheels, potted live plants, shepherd hooks and solar lights are not permitted during the mowing season which is from April 1 to the fourth Monday in November, with the following exceptions:
a.
Easter, Mother's Day, Memorial Day, Father's Day, Independence Day, Pioneer Day and Halloween.
b.
Artificial flowers in a permanent fixture on the raised portion of a monument (upright headstone).
3.
Funeral flowers, floral pieces, and decorations may be removed and discarded without notice when they become unsightly at the discretion of the Sexton.
4.
During the mowing season, any item(s) placed on the mow strip, or on the lawn, may be removed and discarded without notice.
5.
All holiday decorations may be removed and discarded without notice seven (7) days after the holiday.
6.
A general cleanup may be done on:
a.
The first Monday and Tuesday of each month, with the exception of December.
b.
The Monday following Memorial Day (all flowers and grave decorations may be removed and discarded).
7.
The cemetery claims no responsibility or liability, nor will accept any claims against it, for loss or destruction of personal property left in the cemetery, and disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, explosions, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(Ord. 25-02-02, § 19, 2/20/2025)
12-3-13 - Cemetery Hours.#
1.
Cemetery hours shall be between 6:00 a.m. to 11:00 p.m. It shall be unlawful for any person to be in the cemetery without permission of an authorized representative of the City at any other times and presence of any unauthorized person during such other hours shall constitute a trespass and shall be punished according to law.
12-3-14 - Traffic and Safety Regulations.#
1.
It shall be unlawful for any person to drive at a speed greater than fifteen (15) miles per hour in the Cemetery.
2.
It shall be unlawful to drive or park any vehicle over or across any lawn area or lot within the confines of the Cemetery.
3.
Only vehicles and equipment that have been approved by the Sexton, or their representative, may traverse any lawn area.
4.
Because Cemetery ground is devoted to interment and repose of the dead, strict observance of decorum due such a place shall be required of all persons.
5.
It is of the utmost importance that there should be strict observance of the proprieties in the Cemetery. Hence, all persons within the Cemetery should avoid conduct unbecoming a sacred place.
a.
No loud, boisterous or turbulent noise of any kind which is deemed undesirable or interferes with the decorum of the Cemetery, or which is marked by intensity or volume of sound, will be permitted within the environs of the Cemetery.
b.
No alcoholic beverages of any kind will be permitted within the environs of the Cemetery.
c.
No idling or loafing on the grounds or in any of the buildings will be permitted within the environs of the Cemetery.
d.
Peddling or soliciting the sale of any commodity within the Cemetery will not be permitted.
e.
Placing of signs or notices of advertisements of any kind within the Cemetery will not be permitted.
f.
Bringing firearms into the Cemetery, except by a military escort accompanying a Veteran's funeral or attending memorial services, will not be permitted within the environs of the Cemetery.
g.
Electronic gaming that interferes with the sacred nature of Cemetery burials and those grieving will not be permitted.
(Ord. 25-02-02, § 20, 2/20/2025)
12-3-15 - Defacement or Littering of Cemetery.#
1.
It is unlawful for any person to injure, molest, deface, or otherwise damage, or remove any headstone from its foundation, curbing, um, monument, tree, shrub, flowers, funeral flowers, floral pieces, vases and containers, or any other property in the Cemetery. This Section shall not apply to the Sexton or employees of the department who are performing their assigned work. This Section shall not apply to any person who is removing flowers, vases or containers which such person has placed upon a Cemetery burial plot(s) or lot.
2.
It is unlawful for any person to throw or deposit in any part of the Cemetery the carcass of any dead animals, meat, fish, rubbish, refuse, filth, trash, garbage, building materials, or any like substance, or any object or substance that detracts from the beauty of said Cemetery.
3.
Any person(s) convicted of the above actions will be responsible for payment of the cost and expenses involved to restore the property to its original state.
12-3-16 - Animals in Cemetery.#
It shall be unlawful for any person to take any animal into the Cemetery or permit any animal owned or in the custody of such person to enter the Cemetery, except an animal kept in the confines of a vehicle will be allowed only if such animal is retained within the confines of said vehicle, while the vehicle remains in the Cemetery.
12-3-17 - Erecting of Fences, or Copings, or Planting of Trees, Hedges, Etc., Prohibited.#
No person(s) shall erect a fence, coping, or corner post, or plant trees, flowers, shrubbery, hedge, or other boundary marker or obstruction upon any burial plot(s) or lot, nor grade the ground thereof. Any such obstructions in the Cemetery shall be removed under the direction of the Sexton. Nothing in this Section shall prohibit the planting and maintaining of trees, shrubs, flowers, bushes, fences and other installations by the Sexton in their official capacity.
(Ord. 25-02-02, § 21, 2/20/2025)
12-3-18 - Fees and Charges.#
The City Council shall establish fees and charges for the care, use, operation, and maintenance of the Cemetery from time to time by resolution.
Chapter 4 - Shade Trees#
12-4-1 - City Forester.#
There is hereby created the position of City Forester. The Parks and Recreation Director may designate a City Forester. The City Forester shall be responsible for administering the provisions of this Chapter and the policies and recommendations of the City Council. The City Forester shall have jurisdiction and supervision of all trees and plants planted or growing in public streets or places within the City to insure safety or to preserve the beauty of such public places. It shall be their duty to have trees and other plants in public streets and on public property planted, trimmed, sprayed, preserved, and removed.
(Ord. 25-02-02, § 22, 2/20/2025)
12-4-2 - Planting Regulations.#
The City Forester shall prepare Arboricultural Regulations containing a list of approved species of trees which may be planted on public streets within the City, a list of approved shrubs and ground covers, and standards for the planting of trees and shrubs upon public streets and property. Upon approval of such regulations by the City Council, no trees or shrubs other than the kinds designated, and in accordance with the regulations, shall be planted on any public street or public place unless written consent of the City Forester is obtained.
12-4-3 - Removal of Trees.#
The City, through its City Forester, shall condemn and remove or order the removal of any tree, tree stump, shrub, or plant upon any of the public streets or on public property within this City where the same is dead, diseased, or for any reason whatsoever is deemed undesirable by the City Council. The City, through its City Forester, shall have authority to condemn and remove, or order to be removed, any tree, tree stump, shrub, or plant upon private property when the City Council shall find such action necessary to the public safety or to prevent the spread of disease or insects, and shall have the authority, after exercising due diligence to notify abutting property owners, to remove or order the removal of any tree, shrub, or plant which has been planted upon any public street or on any public property in violation of this Chapter or any other Ordinance. The City Inspector and the City Forester shall have the authority to report any violations of this Chapter to the City Council for its action.
12-4-4 - Willful Injury to Trees.#
No person shall willfully injure or destroy any tree on public streets, public parks, or other public property of the City by any means including, but not limited to, the following: 1.
Constructing a concrete, asphalt, brick, or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air or water from the roots, except under written authority from the City Forester.
2.
Piling building material, equipment, or other substance around any tree so as to cause injury.
3.
Pouring any injurious matter on or around any tree or on the ground around it or on any lawn or sidewalk.
4.
Injuring any tree, tree stake, or guard with any vehicle or animal, or in any other manner causing injury to any tree or lawn or public property.
12-4-5 - Shade Tree Districts.#
The City may by resolution of the City Council create shade tree districts in the City. Resolutions creating shade tree districts shall be adopted by the City Council and shall designate the boundaries of the shade tree district, the general purpose for which the district is created, and the services to be provided by the City with respect to trees within the district. Shade tree districts shall be managed under the supervision of the City Forester, under the supervision of the City Council and in accordance with the resolution creating such district.
Nothing in this Section or any resolution adopted pursuant to the terms and provisions hereof shall relieve any property owner or occupant of property within any such district, adjacent property owner or occupant, or any other person or entity from any duty or responsibility under law, custom, or practice with respect to the care and maintenance of their property and adjacent City sidewalks and rights-of-way.
Chapter 5 - Parks and Recreation Advisory Board#
12-5-1 - Board, Membership.#
There is hereby established the "Kaysville Parks and Recreation Advisory Board." It shall be composed of seven (7) members, all of whom shall reside in the City for at least one (1) year prior to their appointment and be residents of the City. Appointments shall be made by the Mayor with the advice and consent of the City Council.
(Ord. 20-01-02, 1/23/2020)
12-5-2 - Term of Office.#
Each appointed member shall serve a staggered term of four (4) years except upon creation of this board three (3) members shall serve an initial term of two (2) years, except that term of the member who is likewise a member of the City Council shall be as determined by the Mayor with the advice and consent of the City Council.
(Ord. 20-01-02, 1/23/2020)
12-5-3 - Mode of Appointment.#
The members of the Parks and Recreation Advisory Board shall be residents of the City and solely on the basis of qualification for the position. Appointments to fill vacancies shall be made at any time to fill the unexpired terms of any member. Appointments shall be nonpolitical, and appointees shall be selected from different vocational interests insofar as possible.
(Ord. 20-01-02, 1/23/2020)
12-5-4 - Removal of Members.#
Any member of the Parks and Recreation Advisory Board may be removed, with or without cause, by the Mayor with the advice and consent of the City Council. A member shall be removed for failure to attend three (3) consecutive board meetings.
(Ord. 20-01-02, 1/23/2020)
12-5-5 - Rules.#
The Parks and Recreation Advisory Board shall formulate its own rules for selection of a Chairman, Vice Chairman and secretary from its membership, the time, place and manner of calling the meetings and other procedural matters, and may adopt rules and regulations for the conduct of its business consistent with City Code. The Parks and Recreation Advisory Board should meet as often as necessary to conduct necessary business. Provided that there shall be at least one (1) meeting each quarter. Written minutes shall be kept of each meeting and the minutes shall be adopted by the Board at a future Board meeting.
Chairman and Vice Chairman; Conduct of Meetings. The Parks and Recreation Advisory Board will appoint from among the Advisory Board members a Chairman and Vice Chairman of the board. The Chairman and Vice Chairman shall serve in such capacity for the length of two (2) years. The Chairman shall preside over the meetings of the Advisory Board, and the Vice Chairman shall act for the Chairman during the Chairman's absence. All members of the Advisory Board shall attend such meetings. No action shall be taken by the board except by the affirmative vote of at least three (3) Advisory Board Members. Three (3) Advisory Board members shall constitute a quorum.
(Ord. 20-01-02, 1/23/2020)
12-5-6 - Scope and Function.#
The Parks and Recreation Advisory Board shall function as a planning, advisory, and coordinating body for the City in matters pertaining to parks and recreation plans and programs. Their efforts will be fully coordinated with the Parks and Recreation Department and all actions or proposed actions will be submitted through the City staff and will receive approval of the City Council prior to implementation. The Board is not empowered to bind or obligate the City or any of its departments, except as approved by the City Council, within the framework of approved plans or programs.
(Ord. 20-01-02, 1/23/2020)
12-5-7 - Duties#
It shall be the duty of the Parks and Recreation Advisory Board to submit to the City a master parks and recreational plan. The Parks and Recreation Advisory Board is to coordinate its efforts with the Kaysville City Planning Commission to assure correlation of effort. Coordination shall also be assured with appropriate City staff and affected departments. The Parks and Recreation Advisory Board may include as an integral part of its program and fund raising activities to finance such programs, the use of volunteers, etc., providing prior approvals required in Section 12-5-6 are obtained. The Board shall submit to the City an annual outline of goals and activities it intends to undertake. The normal and ongoing programs of the Parks and Recreation Department will not necessarily be included in the plan as they are defined and supported by the Parks and Recreation Department in their budget submissions.
(Ord. 20-01-02, 1/23/2020)
12-5-8 - Salary.#
Each member of the Parks and Recreation Advisory Board shall receive compensation as fixed by resolution of the City Council.
(Ord. 20-01-02, 1/23/2020)