Public Cemetery DistrictsGeneral Provisions
Section § 9000
This law is officially named the Public Cemetery District Law, which sets out rules and guidelines for managing public cemetery districts in California.
Section § 9001
This law emphasizes the need for respectful and affordable burial options that cater to California's diverse communities. The public cemetery districts, created in 1909, are responsible for managing cemeteries' ownership, improvement, and operations. These districts have played a crucial role, especially in rural areas, by providing financing for public cemeteries and interment services. While burial practices have evolved, the necessity for community-accessible cemeteries remains. The law aims to maintain the authority of special districts to manage these facilities and encourages local adaptation to meet unique local needs.
Section § 9002
This section provides definitions for terms used in the legal framework governing public cemetery districts in California. These definitions include what is meant by 'active militia', 'armed services', 'board of trustees', and 'district'. A district refers to a public cemetery district. It also explains who qualifies as a 'domestic partner' and lists what constitutes a 'family member'. Additional terms defined are 'firefighter', 'interment right', 'nonresident', 'peace officer', 'principal county', and 'voter'. The term 'interment right' specifically refers to the rights to use a cemetery plot and is considered a transferable property interest.
Section § 9003
This law part serves as the basis for organizing and governing public cemetery districts in California. It replaces the former regulations from 1939 and ensures that districts formed under those old rules, and still existing in 2004, continue to operate under this new law.
Additionally, any financial obligations, taxes, or actions taken by these districts before 2004 remain valid, even if there were errors or mistakes, as long as they don't strictly follow this new part.
Section § 9004
This section emphasizes that the law should be interpreted in a way that best supports public health, safety, and wellbeing. It should be understood and applied broadly to achieve its intended goals.
Section § 9005
If a part of this law is found to be invalid or doesn't apply to certain people or entities, it won't affect the rest of the law. The remaining provisions will still be enforced independently, as the different parts of this law are designed to stand alone.
Section § 9006
If someone wants to legally challenge how a district is set up or how it acts, they need to follow specific legal procedures outlined in different parts of the Civil Procedure Code.
For challenges about the district's organization or actions, the rules start at Section 860. For judicial reviews of actions taken under the relevant part of the law, the process starts at Section 1084.
Section § 9007
This law explains how territory can be included in a public cemetery district, noting that areas already part of a cemetery or special district for cemetery services should not join another. It refers to a specific act for guidelines on district changes unless there is a conflict with this law, in which case this law takes precedence. Additionally, districts are usually considered 'independent special districts' unless a county board takes control.