SR 06:049 - Laserfiche WebLink

slaDdards. In the case of the Pleasanton Memorial Gardens, it appeaxs that neither the Livennore Lodge nor tbe ~ Lodge of California (the overseeing body of all Odd Fellow lodges in California) have adopted wntten standards of care or by laws for the Pleasanton Memorial Gardens. 6 (B) Regulatio" by 1M City of PleasanJon . Municj~alities, like the Cily of Plcasanton, may prescribe maintenance standards for public and pnvate cemctenes pursuant to SCCllon 81 1:S of the California Health and Safety Code, which provides in pertinent part; The go~cming body of any city or county. in the exercise of its police power. may by ordinance prescribe such standards governing burial, inumment, and entombment, and such standards of maintenance . . . as it shall detennine to be reasonabl y necessary 10 protect the public health or safely, assure decent and respectful treatmenl of human remains. or prevent deterioration of cemetery grounds, stnlctures, and places of interment. Such staDdards may be made applicable to every public and private cemetery within the city or county. Nothing in this section supersedes any provision of this division [the Health and Safety Code division regulating cemeteries] . . . or authorizes the adoption of local standards in confliet with such provisions, exeept that city or county ordinances adopted pursuant to this seetion shall prevail over the rules and regulations of any private or public eemetery to the extent oC any conflict. To date, the City has Dot adopted an ordinance to regulate cemeteries pursuant to sectiOD 8115. If the City were to adopt an ordinance, as Slalod in section 8115. the ordinance could not conflict with the laws governing cemeteries in the Heath and Safety Code. According to the Cemetery's manager and the Livermore Lodge, the Memorial Gardens is a non- endowment care cemetery. The State permits non-endov.ment care cemeteries, although the State does not license non-c:ndowment care cemeteries. A non-cndov.ment can:' cemetery, as opposed to an endowment care cemetery, is one in which there is no ttust fund held 10 maintain the property. Payment is received only for burials. not for the cemetery or gravesite'~ continued maintenance, care and embellishment. In a non-endowment care cemetery, family members or others generally tend the gravesites; the cemetery's responsibility is limited to minimal care, such as ",-ced abatement. Endowment care cemeteries, in contrllSt, charge fees for burial and the maintenance, care and embellishment of cemeteries. The standard of can: provided depends on the available funds. The principal or the c:ndo..ment care fund must be invested and only the income may be used for the care, maintenance and embellishment of the cemetery in accordance with the law, rules, regulations, and any by-laws applicable 10 the cemetery. The minimum amounl held in the fund depe~ds on the Dumber of !ll3ves, niches and c1")1'\5. In addition, endowment care cemeteries that are estabhshed after 1977 must bave a minimum of $35,000 deposited in trust funds. Pleasanl"" ~emorial Cardens Cernetory Repon Fage 5 of 16