Chapter 12

CEMETERIES*
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* Cross References: Commission on historical cemeteries, § 6-121 et seq.
State Law References: Regulation of burial grounds, G.L. 1956, § 23-18-10; penalty for violating such section, G.L. 1956, § 23-18-9.
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Article I. In General
Sec. 12-1. Cemeteries to be approved by zoning board of review.
Sec. 12-2. Disinterment of human corpse.
Sec. 12-3. Provisions of chapter supersede city zoning laws.
Secs. 12-4--12-30. Reserved.

Article II. Establishment or Extension of Cemeteries
Sec. 12-31. Application required; fee.
Sec. 12-32. Referral of application to planning department.
Sec. 12-33. Consideration and recommendations by planning department.
Sec. 12-34. Notice of hearing on application.
Sec. 12-35. Conditions of approval to be specified.
Secs. 12-36--12-60. Reserved.

Article III. Burials
Sec. 12-61. Burials to be done in approved cemeteries.
Sec. 12-62. Type of casket; depth to bury casket.
Sec. 12-63. Miscellaneous ordinances not affected by Code.

ARTICLE I.

IN GENERAL

Sec. 12-1. Cemeteries to be approved by zoning board of review.

No cemetery, or any extension of an already existing cemetery, shall hereafter be established in the city without the consent and approval of the zoning board of review.
(Code 1971, § 5-1)

Sec. 12-2. Disinterment of human corpse.

No person shall remove from its place of burial in this city the body of any human being without first securing a permit from the city clerk.
(Code 1971, § 5-2)
State Law References: Disinterment of bodies, G.L. 1956, § 11-20-1.

Sec. 12-3. Provisions of chapter supersede city zoning laws.

The provisions of this chapter shall be construed to supersede any provision of the zoning laws of the city, or any amendment or addition thereto, relative to the use of land for cemetery purposes.
(Code 1971, § 5-3)
State Law References: Effect of zoning ordinances on other regulatory ordinances, G.L. 1956, § 45-24-12.

Secs. 12-4--12-30. Reserved.

ARTICLE II.

ESTABLISHMENT OR EXTENSION OF CEMETERIES

Sec. 12-31. Application required; fee.

Any application for the establishment of a cemetery or for the establishment of an extension to an existing cemetery shall set forth the name and post office address of the owner of the land, the part or parts thereof to be used for burial purposes, and the part or parts thereof to be used for screening purposes, and such other information as may be helpful to the zoning board of review in its consideration of the application. Such applicant shall pay to the zoning board of review a sum sufficient to pay for the cost of advertising the application.
(Code 1971, § 5-14)

Sec. 12-32. Referral of application to planning department.

Any application for the establishment of a cemetery or for an extension to any already existing cemetery shall be referred to the planning department for its consideration and recommendations.
(Code 1971, § 5-15)

Sec. 12-33. Consideration and recommendations by planning department.

(a) The planning department shall consider, among other things, the need for the proposed cemetery or extension, and the desirability of its location, and report its findings to the zoning board of review.

(b) The planning department may also consider and recommend to the zoning board of review any conditions that should be imposed on the applicant relative to landscaping and the setting aside of part of the proposed area for screening purposes. It may also recommend that a bond be furnished by the applicant for the fulfillment of any conditions imposed by the zoning board of review, and the amount thereof.
(Code 1971, § 5-16)

Sec. 12-34. Notice of hearing on application.

On receipt of the report of the planning department the application required by this article shall be set down for a public hearing to a day certain, and the city clerk shall cause notice thereof to be mailed, postage prepaid, to every person owning land within 200 feet of the proposed cemetery or extension and public notice thereof by advertisement in a newspaper having a general circulation in the city.
(Code 1971, § 5-17)

Sec. 12-35. Conditions of approval to be specified.

In case the zoning board of review grants the application to create or extend a cemetery, it shall set forth specifically the area to be used for burial purposes and such other conditions as it may see fit to impose on the applicant.
(Code 1971, § 5-18)

Secs. 12-36--12-60. Reserved.

ARTICLE III.

BURIALS

Sec. 12-61. Burials to be done in approved cemeteries.

It shall be unlawful for any person to bury or cause to be buried any dead body or dig or cause to be dug any grave in the city except in an already existing cemetery or one hereafter established by the zoning board of review.
(Code 1971, § 5-29)

Sec. 12-62. Type of casket; depth to bury casket.

No person shall bury a human body or place the same in any vault in the city unless such body shall be first placed in a box or casket, the top, bottom and all sides of which shall be securely fastened, and no person shall bury any such box or casket unless in such manner that every part and portion of such box or casket shall be at least four feet below the natural surface of the ground where the same is buried.
(Code 1971, § 5-30)

Sec. 12-63. Miscellaneous ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall affect any ordinance establishing areas in which burial is prohibited, pursuant to G.L. 1956, § 23-18-10, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code.
(Code 1971, § 5-31)