HEALTH AND SAFETY CODE – HSC
DIVISION 8. CEMETERIES [8100 – 9703]
( Division 8 enacted by Stats. 1939, Ch. 60. )
PART 4. PUBLIC CEMETERY DISTRICTS [9000 – 9093]
(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.
(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.
