Part 2. Public Cemeteries of California Health And Safety Code >> Division 8. >> Part 2.
Incorporated cities, and for unincorporated towns the
supervisors of the county, may survey, lay out, and dedicate for
burial purposes not exceeding five acres of public lands situated in
or near the city or town. The survey, description, and a certified
copy of the order made constituting the land a cemetery shall be
recorded in the recorder's office of the county in which it is
The City of Simi Valley may survey, lay out, dedicate, own,
and operate for burial purposes, or may purchase, or receive by gift
or donation, five acres or more of public lands to be used as a
The title to lands situated in or near any city and used by
the inhabitants without interruption as a cemetery for five years is
vested in the inhabitants of the city and the lands shall not be used
except as a public cemetery.
The inhabitants of any city may by subscription or otherwise
purchase or receive by gift or donation, lands not exceeding five
acres to be used as a cemetery, the title to be vested in the
inhabitants, which lands when once dedicated to use for burial
purposes, shall not thereafter be used for any other purpose.
The governing body having control of a public cemetery shall
require a register of name, age, birthplace, date of death, and
burial of every body interred therein, to be kept by the sexton or
other officer. The register shall be open to public inspection.
The public cemeteries of cities, towns, or neighborhoods or
of fraternal or beneficial associations or societies shall be
inclosed and laid off into plots.
The general management, conduct, and regulation of burials,
the disposition of plots, and keeping the plots in order, are under
the jurisdiction and control of the city owning the cemetery.
If not owned by a city or by a fraternal or beneficial
association or society, public cemeteries are under the jurisdiction
and control of the board of supervisors of the county in which they
Public cemeteries of fraternal or beneficial associations or
societies are under the jurisdiction of and controlled and managed by
the associations or societies or by trustees appointed by them.
The authorities having jurisdiction and control of cemeteries
may make and enforce general rules and regulations, and appoint
sextons or other officers to enforce obedience to the rules and
regulations, with such powers and duties regarding the cemetery as
may be necessary.
No streets, alleys, or roads shall be opened or laid out
within the boundary lines of any cemetery located in whole or in part
within the lines of any city or city and county where burials in the
cemetery have been had within five years prior thereto, without the
consent of the person owning and controlling the cemetery.
Notwithstanding any other provision of law, the Department of
Water Resources may sell plots in any cemetery which is owned by the
department on a nonendowment care basis to a relative of the third
degree or less of any person buried in such cemetery.
Any city, including a chartered city, that owns and operates
a cemetery may maintain a proceeding in the superior court of the
county in which the cemetery is located to have any plot in the
cemetery declared abandoned if the present owner of the plot is
unknown to the city and a period of at least 50 years has passed
since any portion of the plot has been used for interment purposes.
The proceeding shall be initiated and conducted in the same manner as
prescribed by Section 9069, except that any reference in that
section to a public cemetery district shall be deemed to be a
reference to the city for purposes of this section.
A cemetery owned and operated by a city, county, or city and
county shall not engage in the business of selling monuments or
markers, and its officers and employees who manage, operate, or
otherwise maintain such cemetery on a day-to-day basis shall not
engage in the private business of selling monuments or markers.