General ProvisionsLocal Regulation of Cemeteries

Section § 8115

Explanation

This law allows cities and counties in California to create local rules about how cemeteries should be maintained and how burials are conducted. These rules can apply to all cemeteries, whether public or private, within their boundaries. The goal is to ensure health and safety, respectful handling of human remains, and prevent cemetery decay. However, local rules must not conflict with existing state laws, except local rules can override cemetery-specific rules where they clash.

The governing body of any city or county, in the exercise of its police power, may by ordinance prescribe such standards governing burial, inurnment, and entombment and such standards of maintenance for cemeteries, including mausoleums and columbariums, as it shall determine to be reasonably necessary to protect the public health or safety, assure decent and respectful treatment of human remains, or prevent offensive deterioration of cemetery grounds, structures, and places of interment. Such standards may be made applicable to every public and private cemetery within the city or county.
Nothing in this section supersedes any provision of this division or Division 7 (commencing with Section 7000) or authorizes the adoption of local standards in conflict with such provisions, except that city or county ordinances adopted pursuant to this section shall prevail over the rules and regulations of any private or public cemetery to the extent of any conflict.
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