Burials

Mary's Cemetery District
Policy Statement

Physical address of cemetery: 12020 County Road 98, Woodland, CA
Mailing Address: P.O. Box 16, Yolo, CA 95697
Phone: 530-662-9221 (message only)
Email: maryscemetery@gmail.com

Effective May 19, 2021

MARY'S CEMETERY DISTRICT is an independent special district within Yolo County whose legislative authority is comprised of a Board of five Trustees appointed for four-year terms by the Yolo County Board of Supervisors. It is operated by the laws set forth in the California State Health and Safety Codes. Division 8, Part 4, Chapter 4, Section 9040(k) states that it is the duty of the Board of Trustees "to adopt and enforce rules and regulations for the administration, maintenance, operation, and use of the cemetery". The entire text of the California State Health and Safety Codes may be read on the California State web site at https://www.cfb.ca.gov/laws_regs/index.shtml.

ABOUT THE CEMETERY: The six-acre cemetery is fenced and has an automatic underground sprinkler system installed throughout. Interment rights to plots are sold to landowners and residents of the District and eligible non-district residents as outlined in the California State Health and Safety Codes, and as outlined below in the eligibility requirements.

The west acre was acquired in 1991. Plot sizes were re-engineered to accommodate today's larger vault sizes in 2013. Interment rights in both full-size plots and cremation plots are available (see the fee schedule of this Policy Statement for prices).  A portion of property taxes collected within the District are allocated for upkeep of the cemetery grounds and chapel.

RIGHTS AND ELIGIBILITIES:

Interment rights and eligibilities are defined in the California State Health and Safety Codes Division 8, Part 4, Chapter 1, Section 9002 and are limited in part to:

        a. Persons who are residents of the District;

        b. Persons who are former residents of the District and who acquired interment rights while they were residents of the District;

        c. Persons who pay property taxes on property located in the District; or who formerly paid property taxes and who acquired interment rights while they were residents of the district;

        d. Persons who are family members of any person described in this subdivision. California State Code, Part 4, Chapter 1,Section 9002(e) defines a family member as any spouse, by marriage or otherwise, child or stepchild, by natural birth or adoption, parent, brother, sister, half-brother, half-sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, first cousin, or any person denoted by the prefix "Grand" or "Great", or the spouse of any of these persons;

        e. Eligible non-residents of the District as defined by California State Code Division 8, Part 4, Chapter 5, Section9061 (3)(b) states, in part, that an eligible non-resident of the District is a family member of a person who is already interred in the cemetery or is a family member of a person who has already acquired interment rights in the cemetery. Proof of interment eligibility must be stated on the Confirmation Receipt, and signature certified under penalty of perjury by California State law.

        f. Interment rights may not be transferred, sold, or given as a gift, unless it is proven to the District's satisfaction that the person being given the interment rights falls within the parameters stated in the California State Health and Safety Codes (outlined above).

INTERMENTS:

        a. Interment requests must be made three (3) days before a burial or service may take place;

        b. Family members of the Deceased must make an appointment with the District Secretary to make proper arrangements before any burial preparations can begin;

        c. No interments or other services will be rendered until all charges and fees have been paid in full;

        d. All full body interments require a standard vault or liner;

        e. A copy of the Death Certificate must be provided to Mary's Cemetery District within one month of any interment.

        f. A burial permit must accompany the body or the cremated remains to the cemetery or the body or cremated remains will be refused, and burial will not take place. No exceptions. The remains shall be brought to the cemetery in a closed casket or other appropriate receptacle;

        g. Cremated remains must be inside a durable, closed container. Containers for cremated remains shall not be larger than a 15-inch cube.  Any container larger than a 15-inch cube shall be considered a full body burial and charged at those rates;

        h. A maximum of three (3) cremated remains may be placed in one (1) full body burial plot; or

        i. one (1) full body burial and three (3) cremated remains if the full body burial is placed first and the District is advised in advance of the full body burial the intent and decision to bury cremated remains in the same plot as the full body burial; existing cremated remain burials in a full body burial plot will not be disinterred or disturbed to accommodate a full body burial;

        j. the site has been probed by District authority and it is determined that state mandated depths will be maintained with additional cremated remain burials (see both sections Interrupted Opening/Closing, and Disclosure Statement of this Policy Statement);

        k. If two (2) or more cremated remains are in one durable, closed container, Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees apply (see fee schedules of this Policy Statement), as well as Double Cremation Burial opening/closing fees (see Colin Crerar Price List).

        I. A maximum of two (2) cremated remains may be placed in one (1) cremation plot; Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees apply (see fee schedules of this Policy Statement);

FAMILY QUESTIONNAIRE/INTERMENT ORDER, BURIAL RIGHTS SUCCESSOR AFFIDAVIT ACKNOWLEDGEMENT, BURIAL RIGHTS SUCCESSOR AFFIDAVIT ASSIGNMENT DESIGNATION:

All forms stated must be completed and signed acknowledging receipt of Mary's Cemetery District's Policy Statement, certifying Decedent's eligibility for interment and/or Purchaser's eligibility and right to make interment arrangements for oneself in Mary's Cemetery, and assigning Successor's to burial location(s) being purchased. These forms will be held on file at Mary's Cemetery District offices each time this Policy Statement is given to the owner, family, heir, or responsible party of any interment at Mary's Cemetery, or the purchaser of any interment right in Mary's Cemetery (see Samples on Pages 7 and 8 of this Policy Statement).

PERMANENT MARKERS:

        a. The plot owner or family member or responsible party of the Deceased will be given one year from the date of interment to have a permanent marker placed at the burial site. If no marker is placed within one year, the District will arrange to have a small, flat, level with the ground permanent marker made and placed;

        b. A $500.00 refundable deposit must be paid before any interment can take place to cover District costs of having a permanent marker made and placed if item a. above is not adhered to. If a permanent marker is placed within one year of interment by the plot owner or family member or responsible party of the Deceased, the full deposit amount will be refunded; if not, the total deposit amount is forfeited;

        c. A $50.00 fee is required before any interment can take place to cover District costs for providing a temporary marker until a permanent marker is placed (see item a. above);

        d. All markers must be approved by District authority. No markers may be placed by family members or friends of the Deceased, or any unlicensed vendor. The District must be notified before any permanent marker is placed;

        e. All raised permanent markers are required to be surrounded with a mow strip of at least 4 inches of concrete; all flat, level with the ground permanent markers are required to be surrounded by a mow strip of at least 3 inches of concrete;

        f. A single plot permanent marker shall not exceed 42 inches in height, or 46 inches in width including the concrete mow strip;

        g. Only one upright permanent marker is allowed on any full body burial plot and must be placed at the head of the plot; all other permanent markers on the same plot must be flat, level with the ground;

        h. Only one upright permanent marker is allowed on any cremation burial plot and must be placed at the head of the plot; all other permanent markers on the same plot must be flat, level with the ground;

        i. Vases for flowers must be imbedded in the concrete on either side of the headstone, not in front of or to the rear, so all areas are accessible for mowing. Any request for exception must be approved by the District Board of Trustees;

        j. Any owner of interment rights will contact the District before making any changes to or replacements of any permanent marker. No changes, replacements, or additions to any permanent marker shall be made without the approval of Mary's Cemetery District Board of Trustees;

ORNAMENTATION:

        a. No tree, shrub, flower or bush may be planted on any burial plot in Mary's Cemetery District or anywhere on cemetery grounds, without the consent and approval of the Board of Trustees;

        b. No cement walkways or curbs may be installed without consent and approval of the Board of Trustees;

        c. Fresh or artificial flowers may be placed in non-breakable containers only at the head of the grave or on the headstone (also see section below titled "Permanent Markers"). No more than two non-breakable containers shall be permitted on any one grave. All containers and contents shall be removed and disposed of as they become unsightly as determined by District personnel;

        d. All ornamentation deemed inappropriate or unsightly by District personnel, including but not limited to shepherd's hooks and/or any ornamentation hanging from them, wind chimes, whirly or wind ornaments, or any other form of ornamentation stuck into the ground, breakable statues, breakable vases, or any other form of breakable item, or any item that does not fall within these rules and regulations as specified, will be removed and disposed of by District personnel without notice;

        e. Every reasonable effort will be made to care for flowers, vases, and markers. When artificial and real flowers begin to fade, discolor, or otherwise deteriorate, they create an impression of neglect. They will be removed and disposed of by District personnel at their discretion;

Neither Mary's Cemetery District nor its personnel shall be responsible for any theft, loss, or damage incurred to any object of movable character placed at any burial site, monuments, or markers;

PRICES AND FEES: Prices and Fees are currently set as outlined in RESOLUTION 2021-1 as follows:

RESOLUTION NO. 2021-1

A RESOLUTION OF MARY'S CEMETERY DISTRICT BOARD OF TRUSTEES TO NAME NEW BOARD MEMBERS

WHEREAS, the Board of Trustees of Mary's Cemetery District (the Board) has the responsibility and authority to establish a schedule of fees as outlined in the California State Health and Safety Code Division 8, Chapter 5, Section 9065 and Section 9068; and

WHEREAS, the Board has the responsibility to establish and collect an Endowment Care Contribution as outlined in the California State Health and Safety Code Division 8, Part 3, Section 8738 and 9065; and

WHEREAS, pursuant to Health & Safety Code Division 8, Chapter 4, Section 9040, the Board is conferred with exclusive jurisdiction and control over the maintenance and management of its cemetery; and

WHEREAS, pursuant to Health & Safety Code Division 8, Chapter 1, Section 9004, the Board is conferred with the necessary power to protect the public health, safety and welfare;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF MARY'S CEMETERY DISTRICT:

1. That interments in full-body burial plots are limited to:

         a. One (1) full-body burial; or

              b. One (1) full body burial and three (3) cremated remains only if the full body burial takes place first, and the District is advised in advance of the full body burial of the intent and decision to bury cremated remains in the same plot as the full body burial; and/or

              c. Three (3) cremated remains; if a cremated remain is buried in a full body burial plot before a full body burial, then only three (3) cremated remains are allowed in the full body burial plot. Existing cremated remain burials in a full body burial plot will not be disinterred or disturbed to accommodate a full body burial;

              d. the site has been probed by District authority and it is determined that state mandated burial depths will be maintained with additional cremated remain burials pursuant to California Health and Safety Code Division 8, Chapter 3.5, Section 8113.1;

Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees apply to items b., c., d. above;

2. That interments in cremation plots are limited to two (2) cremated remains. If two (2) cremated remains are enclosed together in one (1) durable closed container, Additional Occupant Fees and Additional Endowment Care Contribution Fees apply to the second cremated remain. If they are buried in a full size burial plot with a full body burial or another cremated remain burial, then Additional Occupant Fees and Additional Endowment Care Contribution Fees apply to both cremated remains. Double Cremation Burial opening/closing fees apply to all;

3. That the District makes pre-sales to those persons and families who purchase interment rights in advance of need; an Endowment Care Contribution Fees are required at time of purchase in addition to all other applicable fees required to purchase interment rights. In the event that proof of advance payment of an Endowment Care Contribution Fee is not provided at the time of need, an Endowment Care Contribution Fee must be paid before any interment can take place;

4. That any interment in any plot in addition to an existing burial shall be deemed to be an Additional Occupant and Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees are required;

5. That if the Deceased is not the original purchaser of the interment rights, they shall be deemed to be an Additional Occupant and Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees are required;

6. That if interment rights are inherited or passed from one family member to another family member or Eligible Non-resident, the new Owner shall be deemed to be an Additional Occupant and Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees are required;

7. That all Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees shall be paid for every Additional Occupant interment, in addition to all other fees that may apply;

8. That ALL fees must be paid in full prior to any interment;

9. That effective November 1, 2014 all applicable Additional Occupant Fees and Additional Occupant Endowment Care Contribution Fees may be pre-paid but only at the time of the initial purchase of any one burial plot; otherwise pre-payments for all applicable fees will only be accepted prior to an impending interment;

10. That the following Fee Schedule is hereby adopted and supersedes all previous fee and schedules:

 11. That this Fee Schedule may be amended from time to time by motion and a majority vote of the Board of Trustees.

12. That this document shall be published separately and also included in Mary's Cemetery District Policy Statement and shall be given to each responsible party of any interment, or purchaser of any interment right in Mary's Cemetery, and receipt certified by signature of recipient on a completed and signed Burial Rights Successor Affidavit.

ON MOTION by Trustee Bryan Barrios and second by Trustee Mark Mezger Sr., the foregoing RESOLUTION 2021-1 is Adopted this 19th day of May 2021 and becomes effective the 19th day of May 2021, by the following vote:

Ayes:  4  - Mark Mezger Sr., Bryan Barrios, Steven Weiss, Mary Schlosser

Noes:  0

Absent:  1 -  William Hatcher

Abstain:  0

BUY BACK OF BURIAL RIGHTS (policy established in 2010): 

If the Holder of burial rights has no further subsequent need, he/she may by written application to Mary's Cemetery District sell his/her rights back to Mary's Cemetery District for one half the sum paid for each plot. The Endowment Care Contribution Fee is non-refundable.

OPENING AND CLOSING FOR ALL BURIALS:

a. All opening and closings are presently performed by an approved and insured independent contractor. No other person shall perform opening and/or closings of any burial site on Mary's Cemetery District grounds without the consent and approval of the District Board;

b. Payments for opening and closings of burial sites are made payable to the approved independent contractor either directly or through the mortuary upon prior arrangement.

INTERRUPTED OPENING/CLOSING:

In addition to the fees outlined in Resolution 2014-2 effective November 1, 2014, there is a $200.00 fee for an interrupted opening/closing defined as follows: an interrupted opening/closing is a burial plot that was thought to be empty, the opening was begun, and the burial plot was found to already contain human remains. If this happens, the burial site will be immediately closed, and another burial site determined, and all applicable fees paid before interment can take place. No Exceptions. This may result in a delay of any scheduled services. If this situation is due to cemetery records being in error, it will be the responsibility of the cemetery district to pay the $200.00 fee to the Grave Digger. However, if the cemetery district has advised the Owner, family, heir, or responsible party of the plot being used that the burial records may not be accurate regarding placement of human remains in the area of the impending burial (see the following "Disclosure Notification"), and the family of the Deceased decides to proceed with the burial, it will be the responsibility of the family fee. 

DISCLOSURE NOTIFICATION:

All Mary's Cemetery District records prior to 1962 were lost or destroyed in a fire. The possibility that previous burials have taken place in any burial plot or location at Mary's Cemetery exists, and ALL burials sites are considered suspect and could result in an Interrupted opening/closing.

LIABILITY CLAIM:

Mary's Cemetery District, its Board and all individual members of the Board, the District Secretary, and all Other contracted personnel shall not be held responsible for any injury or damage suffered by any person(s), including children, in their use of the cemetery grounds. Any person(s) visiting the cemetery shall do so at their own risk. Mary's Cemetery District distinctly disclaims responsibility for any loss or damage beyond its reasonable control, especially caused by the elements, an act of God, common enemy, thieves, or vandals.

NO PETS ALLOWED. 

Service dogs are welcome.

MARY'S CHAPEL RENTALS: 

The chapel on the cemetery grounds is available to rent. Please contact the District Secretary at the email or number listed on this letterhead for further information.

MARY'S CEMETERY DISTRICT'S Board of Trustees desire to manage Mary's Cemetery District in a manner that will enhance its' historic nature yet serve the modern times. We welcome any suggestions and appreciate the support of the community.