§ 6-15. Family plot inalienable.

(a)

Reversion to city. Whenever an interment of the remains of a member or of a relative of a member of the family of the record owner, or of the remains of the record owner, is made in a plot transferred by deed or certificate of ownership to an individual owner and the owner dies without making disposition of the plot either in his will by a specific device, or by a written declaration filed and recorded in the office of the city clerk, the plot thereby becomes inalienable and shall be held as the family plot of the owner, with title to the same reverting to the city for protection of those who may be interred therein.

(b)

Right to burial without consent. In a family plot one grave, niche or crypt may be used for the owner's interment; one for the owner's surviving spouse, if any, who by law has a right of interment in it; and in those remaining, if any, the parents and children of the deceased owner, in order of death, may be interred without the consent of any person claiming any interest in the plot.

(c)

Order of right of interment. If no parent or child survives, the right of interment goes in the order of death, first, to the spouse of any child of the record owner, and second, in the order of death, to the next heir at law of the owner or the spouse of any heir at law.

(d)

Interment right waived in favor of other relative. Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a relative, of either deceased owner or of his spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot.

(Ord. No. 82-4-1, § 1, 4-7-82; Code 1981, §§ 5-3015—5-3018)