California Health and Safety Code 9061 – (a) A district may inter a person who is not a resident of the …
(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 cemetery owned by the district if all of the following apply:
(1) The district has an endowment care fund that requires at least the minimum payment set pursuant to Section 9065.
Terms Used In California Health and Safety Code 9061
- Active militia: means the active militia as defined by §. See California Health and Safety Code 9002
- Board of trustees: means the legislative body of a district. See California Health and Safety Code 9002
- Director: means "State Director of Health Services. See California Health and Safety Code 21
- District: means a public cemetery district created pursuant to this part or any of its statutory predecessors. See California Health and Safety Code 9002
- Family member: means any spouse, by marriage or otherwise, domestic partner, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix "grand" or "great" or the spouse of any of these persons. See California Health and Safety Code 9002
- Firefighter: means a firefighter as defined by Section 1797. See California Health and Safety Code 9002
- Interment right: means the rights held by the owner to use or control the use of a plot authorized by this part, for the interment of human remains, including both of the following rights:
California Health and Safety Code 9002
- Nonresident: means a person who does not reside within a district or does not pay property taxes on property located in a district. See California Health and Safety Code 9002
- Peace officer: means a peace officer as defined by §. See California Health and Safety Code 9002
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
- Trustee: A person or institution holding and administering property in trust.
(2) The district requires the payment of a nonresident fee set pursuant to Section 9068. A board of trustees may adopt a written policy that permits waiving the payment of the nonresident fee for a nonresident who had purchased an interment right while a resident or a taxpayer.
(3) The person meets the conditions listed in one or more of subdivisions (b) through (e).
(b) A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if the person is a family member of a person who is already interred in a cemetery owned by the district or is a family member of a person who has acquired interment rights in a cemetery owned by a district.
(c) A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1) The person was a resident of the district or paid property taxes on property located in the district for continuous period of at least five years, a portion of which time period shall have occurred within the 10 years immediately before the person’s death.
(2) The district receives a written request for the interment of the person from a person who is a resident of the district or who pays property taxes on property located within the district, and the person submitting the written request is not a trustee, officer, or employee of the district and is not a funeral director or an employee of a funeral director.
(3) The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(d) A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1) The person was a resident of this state at the time of death.
(2) There is no private cemetery within a straight-line radius of 15 miles of the person’s residence.
(3) There is no private cemetery nearer to the person’s residence than the nearest cemetery owned by the district.
(4) The distances shall be measured in a straight line from the person’s residence to the nearest private cemetery and the nearest cemetery owned by the district.
(e) A person is an eligible nonresident pursuant to paragraph (5) of subdivision (b) of Section 9060 if all of the following apply:
(1) The person died while either:
(A) Serving in the Armed Forces or the active militia, or
(B) In the line of duty as a peace officer or firefighter.
(2) The board of trustees determines that the cemetery has adequate space for the foreseeable future.
(Added by Stats. 2003, Ch. 57, Sec. 5. Effective January 1, 2004.)