University of Virginia Library

CHAPTER 21.

Parks and Cemeteries.[355]

§ 21-1. Superintendent—Appointment.

§ 21-2. Same—Powers and duties generally; obstructing.

§ 21-3. Same—Record of burials.

§ 21-4. Mapping and selling grave spaces.

§ 21-5. Deeds to spaces in cemeteries.

§ 21-6. Burial of paupers.

§ 21-7. Charges for keeping sections or spaces in order.

§ 21-8. Perpetual care of sections or spaces; fund.

§ 21-9. Perpetual care cemetery commission.

§ 21-10. Depth of graves; care in digging; notice to superintendent.

§ 21-11. Charges for grave space and digging graves.

§ 21-12. Care of graves of war veterans.

§ 21-13. Keepers of cemeteries to make weekly reports.

§ 21-14. Trespassing or destroying property in cemeteries, parks, etc.

§ 21-15. City market created; rules and regulations.

Sec. 21-1. Superintendent—Appointment.

The city manager shall appoint, subject to the approval of the
city council, a superintendent of parks and cemeteries, who shall
have special charge of the public parks and cemeteries and of all
property of the city in and about the same. (Code 1959, § 21-1.)


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Page 395

Sec. 21-6. Burial of paupers.[356]

The city council shall designate such portion of Oakwood
Cemetery as may be necessary for the interment or burial of
paupers. (Code 1959, § 21-7.)

 
[356]

As to burial of paupers by city, see § 25-12 of this Code.

Sec. 21-7. Charges for keeping sections or spaces in order.

Every owner of a section or part of a section in any cemetery in
the city, plotted and mapped prior to January 1, 1939, shall pay
annually, in advance, to the director of finance on the first day of
April the following fees for keeping such sections in good
condition, viz:

For a whole section, eight dollars;

Half section, five dollars;

Quarter section, two dollars and fifty cents;

One-eighth section, one dollar and fifty cents. (Code 1959, §
21-8.)

Sec. 21-8. Perpetual care of sections or spaces; fund.

There shall be established a fund to be known as "a fund for the
perpetual care of sections or spaces in the cemeteries, now or
hereafter owned or controlled by the City of Charlottesville."

Any owner or other party in interest may deposit with the
director of finance the sum of ten dollars per grave space to
provide for the perpetual care of the space.

Such sums so deposited shall be entered upon the records of the
city to the credit of the above-described fund in the name of the
party paying the same, and shall so stand to the credit of such
account as long as this arrangement may be in effect.

The city shall keep such grave space as shall have been
deposited for in good condition, that is to say, they shall be kept in
good sod and the grass shall be kept in shape, except that the city
shall not be held liable for the deterioration of the stones or
markers caused by erosion.

Should the city, at any time, discontinue the control and
supervision of the several cemeteries, then such fund shall be
transmitted to its successors or returned to the person or estate
paying such sums into the fund. (Code 1959, § 21-9.)


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Page 396

Sec. 21-9. Perpetual care cemetery commission.

There shall be a perpetual care cemetery commission who shall
be custodian of the perpetual care fund. The commission shall be
composed of the mayor, the city treasurer, the director of finance
and the chairman of the finance committee of the city council. It
shall be the duty of the commission to properly invest the fund
and to turn into the treasury, annually, on the last day of the
fiscal year, the income accruing from such fund. (Code 1959, §
21-10.)

Sec. 21-10. Depth of graves; care in digging; notice to
superintendent.

Each grave shall not be less than five feet in depth. No
interment shall be made which shall disturb the remains of the
dead, or which shall displace or injure any monument or stone
placed over a grave. All persons desiring to have a grave opened
shall notify the superintendent of parks and cemeteries at least
twenty-four hours before the interment and shall designate the
space which is to be used. (Code 1959, § 21-11.)

Sec. 21-11. Charges for grave space and digging graves.

The following charges shall be made for grave spaces in
Oakwood Cemetery: In Divisions H, J, K and L, thirty-five dollars
for each space; in Division G, twenty-five dollars for each space.
All sums so paid shall be deposited in the fund described in
section 21-8.

The following charges shall be made for digging graves:

   
1. Where the outside case is three feet or less in length  $25.00 
2. Where the outside case exceeds three feet in length  50.00 

Unless a concrete or steel vault is furnished on behalf of a
person to be buried, the city shall furnish a concrete box at a cost
of forty-five dollars. Wooden boxes shall not be permitted.

The above fees or cost shall be payable in advance unless
guaranteed by some responsible person. (Code 1959, § 21-12;
9-26-66; 8-17-70; 4-15-74.)


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Page 397

Sec. 21-12. Care of graves of war veterans.

The director of the department of parks and recreation is
directed to take care of the graves of veterans of all American
wars, wherever there is a marker or inscription to identify them,
at the expense of the city, where no provision has been made for
their upkeep. (Code 1959, § 21-13; 8-6-73.)

Sec. 21-13. Keepers of cemeteries to make weekly reports.

Every keeper or other person or officer in charge of any
cemetery or burial ground within the city shall make a weekly
report to the health officer of the number of bodies buried by him
during the preceding week. (Code 1959, § 21-14.)

Sec. 21-14. Trespassing or destroying property in cemeteries,
parks, etc.
[357]

No person shall break, injure or destroy any monument,
gravestone or marker, shrub, plant or tree in the cemeteries or
parks in the city, or any property appertaining thereto, or
unlawfully trespass in any manner on the grounds. (Code 1959, §
21-15.)

 
[357]

For state law as to injuries to cemeteries, etc., see Code of Va., § 18.1-244.

Sec. 21-15. City market created; rules and regulations.

There is hereby established a city market to be operated for the
accommodation of persons desiring to make retail sales of farm
produce, food stuffs, art work or handicrafts grown or produced
by such persons, the members of his family or farm laborers
employed by him upon property owned or leased by such seller.
Such market shall be operated by the department of parks and
recreation at a location to be designated by the city manager. The
city manager is authorized to make and enforce necessary rules
and regulations governing the hours of operation and conduct of
business in the city market; provided, that such rules and
regulations shall be submitted to city council for review and
approval. No person shall be allowed to sell any produce or
articles in the city market unless he shall have first obtained a
producer's certificate, pursuant to section 16A-85. (8-6-73.)

 
[355]

For state law as to cemeteries generally, see Code of Va., §§ 57-22 to 57-39.1.

For charter provisions in regard to cemeteries generally, see Char., § 14.

As to curfew, see § 19-20 of this Code.