CEMETERIES

Raleigh City Code pt. 9, ch. 4

in effect

Raleigh City Code § 9-4001 SUPERINTENDENT; APPOINTMENT.

Sec. 9-4001. - SUPERINTENDENT; APPOINTMENT. There shall be appointed a superintendent to have charge of City cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4002 PURCHASE OF LOTS; PRICES.

Sec. 9-4002. - PURCHASE OF LOTS; PRICES. (a) Persons desiring to purchase lots in the City's cemeteries must apply to the Director of Finance or his appointed representative whose duty it shall be to execute the sale of lots and receive cash or to assess charges. All fees for lot purchases are to be paid or assessed as provided in §9-4010(d) prior to execution of deed. (b) Prices for purchases of grave space in City cemeteries are set forth in the City of Raleigh Fee Schedule. Prices shall be seventy (70) per cent of the local prevailing market price, as determined by the superintendent and according to a schedule of charges approved annually by the City Manager. "Local prevailing market price" shall be the average fee charged by non-church-related, commercial cemeteries in the City as of July first of each year. (c) A schedule of all cemetery charges (lot prices, inter and disinter fees, etc.) shall be available for inspection in the offices of the Cemeteries Supervisor and the Budget and Management Services Department. A schedule of all cemetery charges shall be made available to all funeral directors within the City. (d) A person has the option of purchasing one, two (2), three (3), or four (4) lots. No more than four (4) lots will be sold to an individual. No lot or lots may be resold except back to the City at the original sale price to the owner. (e) The superintendent may limit the sale of lots to one section at a time. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2019-949, §§1(Att.), 7, 6-4-19, eff. 7-1-19)

Raleigh City Code § 9-4003 SALE OF CEMETERY LOTS TO FUNERAL HOME BUSINESSES.

Sec. 9-4003. - SALE OF CEMETERY LOTS TO FUNERAL HOME BUSINESSES. Sales of cemetery lots will be made to funeral homes only for purposes of interment of a specific individual. Such sales are intended as a convenience to those persons and families suffering the death of a loved one and to allow funeral homes to make arrangements on their behalf. Though funeral home businesses will be responsible for making payment to the City for the purchase of lots under this section, all cemetery lot deeds will be issued in the name of the individual, and not in the name of the funeral home. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4004 CERTIFICATES AND DEEDS.

Sec. 9-4004. - CERTIFICATES AND DEEDS. (a) On payment of the sum required, the Finance Director or his appointed representative shall validate a receipt (certificate of purchase) and give to the purchaser of any lot, specifying the lot or lots and the price thereof. A copy of the receipt shall be used for the issuance of a deed which shall be properly recorded and indexed (both numerically as to receipt and alphabetically as to purchaser). The superintendent shall be notified of the sale of lots. (b) A deed signed by the City Clerk and sealed with the legal seal of the City shall be executed and mailed or delivered to the address set forth on the receipt. (c) In case of the loss or destruction of a deed as provided in paragraph (b) of this section, the City Clerk, on proof satisfactory of such loss or destruction, shall have issued a new deed executed as hereinbefore set out to the original holder upon payment of the required fee as set forth in the schedule of all cemetery charges. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4005 SUPERVISION OF INTERMENTS AND DISINTERMENTS.

Sec. 9-4005. - SUPERVISION OF INTERMENTS AND DISINTERMENTS. (a) The superintendent shall supervise the digging of all graves in the cemeteries and the exhuming of all bodies therein interred. The interment property is for burial of human remains only. (b) No interments or disinterments shall be permitted on New Year's Day, Good Friday, Independence Day, Thanksgiving, or Christmas Day and all Sundays, hereafter referred to as excluded holidays. (c) The cemetery supervisor shall be notified at least twenty-four (24) hours prior to an interment. In the event of a Monday interment such notice must be given on the preceding regular City workday. (d) The normal operating hours of the cemeteries are 8:00 a.m. to 4:00 p.m., Monday through Friday of each week, except for the holidays noted above. (e) Interment will be made on Saturday or nonexcluded holidays as observed by the City only upon assessment of an additional charge. All funeral processions entering the cemetery grounds after 4:00 p.m. on any normal work day will also be required to pay an additional charge. All additional charges are outlined in the schedule of cemetery charges. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4006 DISINTERMENTS; APPLICATION AND APPROVAL REQUIRED.

Sec. 9-4006. - DISINTERMENTS; APPLICATION AND APPROVAL REQUIRED. A person who desires to have removed from his or her lot or vault the remains of a person interred therein shall apply in writing addressed to the cemetery supervisor, setting forth in such application the name of the deceased, the date and cause of death, relationship of deceased to applicant, number of lot, vault, or space in which then interred, and the number of lot, vault, or space (or name of cemetery, if elsewhere) in which the remains are to be reinterred, and reason for removal. But no such permission for such disinterral shall be granted, nor shall such disinterment be made until the application has been approved by the Health Department. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4007 REINTERMENT; REQUIREMENTS.

Sec. 9-4007. - REINTERMENT; REQUIREMENTS. Any person desiring to have reinterred the remains of a person brought from another cemetery or burial place shall furnish the cemetery supervisor with a certificate from the Health Department, setting forth, if possible, the name, age, sex, marital status, cause and date of death, and last residence of deceased, and name and location of former burial place. The cemetery supervisor, upon evidence of payment of charges as set forth in the schedule of all cemetery charges, shall have the remains properly reinterred in such place as may be selected by the person having charge of such remains. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4008 ENFORCEMENT OF APPLICABLE LAW.

Sec. 9-4008. - ENFORCEMENT OF APPLICABLE LAW. It shall be the duty of the superintendent to see that all laws concerning the cemeteries are duly observed and enforced. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4009 MAINTENANCE AND CLEANLINESS SPECIFICATIONS FOR GRAVES AND MARKERS.

Sec. 9-4009. - MAINTENANCE AND CLEANLINESS SPECIFICATIONS FOR GRAVES AND MARKERS. (a) The superintendent shall keep the cemeteries in a neat and clean condition. It shall be unlawful for any lot owner to plant any tree, flower, shrub or to sow seed of any kind or have such things planted or sown on his lot without the written approval of the Parks and Recreation Director or his designee. Any such planting or sowing done without permission will be immediately removed. It shall further be unlawful for any unauthorized person to trim, prune, or remove any branch from any plant or flower from any City owned cemetery property. (b) All graves shall be at least five (5) feet deep. Two (2) infants or two (2) cremains may use one lot. (c) All gravemarkers and monuments shall be set on foundations. All markers must be set even with the lawn, so that maintenance machines may pass over them safely without damage to the marker or machine. All markers installed after January 1, 1991, shall be size two (2) feet by one and one-half (1½) feet by four (4) inches. All gravemarkers placed on lots are to read over the ground toward front of lot. Only one marker will be permitted on each lot. (d) Monuments will not be authorized in the southeast section of Mt. Hope Cemetery as bordered by Prospect Street and Fayetteville Street. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2011-829, §1, 1-18-11)

Raleigh City Code § 9-4010 WHO MAY INTER AND DISINTER; FEE.

Sec. 9-4010. - WHO MAY INTER AND DISINTER; FEE. No person other than the regularly appointed superintendent's representative shall dig any grave or disinter any body in the cemeteries belonging to the City. Complete and accurate records are to be maintained on all interments. (a) Charges for interments and disinterments of adults shall be based on actual costs as determined annually by the City Manager. For the purpose of this subsection, "actual costs" shall consist of charges for labor and the use of equipment. Records substantiating such actual costs shall be kept by the cemetery supervisor. All fees are to be paid at the office of the Finance Department or assessed, as provided in (d) below, prior to interment or disinterment. The cemetery supervisor shall be notified of payment of fees. (b) Any charge based on actual cost shall be established by the City Manager within sixty (60) days following July first of each year. (c) Interment or disinterment of infant or child cremains shall be fifty (50) per cent of the fee charged for adult interments as determined in paragraph (a) of this section. (d) Payment shall be deemed satisfied either by the payment of cash by the purchaser or an extension of credit to a funeral director. Funeral establishments handling interments may be extended credit by the Finance Department. The use of such credit shall be deemed as assessment of charges. All credit transactions, billings, and collections shall be accomplished by the Finance Department. (e) All burials on or after January 1, 1991, will be in a commercially procured graveliner or vault that has been approved by the superintendent. The minimum requirements for concrete liners shall be one and one-half-inch (1½) sidewall thickness, two-inch top thickness, two-inch bottom thickness, and three thousand (3,000) PSI. The minimum requirements for a steel vault shall be a twelve-gauge thickness top, sides, and bottom. Wooden or other shortterm liners are not allowed. No liners are required for cremations. (f) Funerals starting after 4:00 p.m. on weekdays, or all day Saturday and nonexcluded holidays as observed by the City shall be charged an additional fifty (50) per cent for interments. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4011 WORK ON PRIVATE LOTS; CONSENT THERETO.

Sec. 9-4011. - WORK ON PRIVATE LOTS; CONSENT THERETO. No person shall dig any grave, put any gravestone or board, or make any erections, or dig up any sod on any private burial lot, except under the direction or by consent of the owner thereof. The placing of headstones and grave markers over individual graves shall be permitted. The City shall bear no responsibility for the care, theft, or damage of and to any such headstones or grave markers. Headstones and grave markers may be installed between the hours of 8:00 a.m.—4:00 p.m., Monday through Friday. Natural cut flowers, artificial flowers and potted plants may be placed in vases attached to headstones or on the grave at any time of the year. They will be removed when they become unsightly or interfere with cemetery operations. The City does not permit adornments that are considered offensive, inconsistent with the dignity of the cemetery, or dangerous to City personnel and these items will be removed at any time. The City of Raleigh shall provide for the continuing care, maintenance, operation, and improvements to the City cemeteries. In general, this shall include road maintenance, mowing, pruning, landscaping or removal of plant material, policing of the grounds, pest control, and such other maintenance as may be necessary to keep the cemeteries presentable. The Parks and Recreation Director or designee may enter upon any grave, mausoleum, memorial, or cremation location in order to correct conditions deemed detrimental, unsightly, or posing a threat to public safety, or rendering access to any lot inconvenient. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2011-829, §2, 1-18-11)

Raleigh City Code § 9-4012 REMOVING OR DEFACING MARKERS, ETC.

Sec. 9-4012. - REMOVING OR DEFACING MARKERS, ETC. No person shall willfully and unlawfully remove the stakes from a burial lot, or any board, gravestone, or other monument which may have been erected at any grave, or deface, injure, or destroy any such board, gravestone, or other monument in any manner. Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies. (Ord. No. 1991-736, §1, 2-19-91; Ord. No. 2022-339, §11, 2-15-22)

Raleigh City Code § 9-4013 INJURING TREES OR SHRUBBERY.

Sec. 9-4013. - INJURING TREES OR SHRUBBERY. It shall be unlawful for any person to cut, break, remove, or in any other manner injure or destroy any flower, either wild or cultivated, in the cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4014 DEPOSITING FILTH OR RUBBISH.

Sec. 9-4014. - DEPOSITING FILTH OR RUBBISH. It shall be unlawful for any person to deposit, or cause to be deposited, any filth or unclean or offensive substance in a City cemetery. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4015 EXCAVATING OR REMOVING EARTH.

Sec. 9-4015. - EXCAVATING OR REMOVING EARTH. It shall be unlawful for any person to excavate any earth in a City cemetery, or remove the same therefrom, except by the consent or under the direction of the superintendent, or of some other officer legally authorized. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4016 USE AS PLAYGROUND.

Sec. 9-4016. - USE AS PLAYGROUND. It shall be unlawful for any person to use the City cemeteries as a playground. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4017 FENCES AROUND LOTS.

Sec. 9-4017. - FENCES AROUND LOTS. There shall be no fence erected around any lot within the limits of City cemeteries. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4018 TRESPASSING ON LOTS.

Sec. 9-4018. - TRESPASSING ON LOTS. All persons are forbidden to trespass upon private lots or to go across lots, either private or belonging to the City, in the City cemeteries, except in case of a burial, visit to lot by owner, relative, or friend in the course of maintaining the grounds. All noncity employees driving automobiles in the cemeteries shall keep within drives. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4019 ABANDONED CEMETERY LOTS; PUBLICATION OF NOTICE AND REVERSION TO THE CITY.

Sec. 9-4019. - ABANDONED CEMETERY LOTS; PUBLICATION OF NOTICE AND REVERSION TO THE CITY. (a) A cemetery lot may be determined to be abandoned by the superintendent according to the following standards and procedures: (1) Upon investigation, the superintendent shall determine that there has been no interment in the lot for a period of fifty (50) years from the date of purchase; (2) The superintendent shall conduct a reasonable effort to locate the listed owner, including the sending of certified mail inquiries to the owners' last known address, and attempting to contact the owners' immediate family by mail or telephone; and (3) Upon making the investigations outlined above, and if no valid response(s) are recovered, the superintendent shall certify and report these efforts to the City Council and request the Council to publish notice of its intent to determine that the lot has been abandoned once a week for four (4) successive weeks in a newspaper published in the City, such notice requesting the purchaser, his or her heirs, or immediate family members to report to the City that the lot is intended to be used and has not in fact been abandoned. Upon receiving no valid responses to the published notice as described herein, the lot and all rights of burial thereon, shall revert to the City, which may then resell the lot in due course. In the event the original owner reappears after the resale of the lot or lots, a full refund of the original purchase price shall be made by the City. (b) These provisions, or an accurate summary thereof, shall be included in the provisions of any deed to a cemetery lot sold by the City. (Ord. No. 1991-736, §1, 2-19-91)

Raleigh City Code § 9-4020 CEMETERY HOURS AND ACCESS.

Sec. 9-4020. - CEMETERY HOURS AND ACCESS. (a) The Parks and Recreation Director shall establish hours of operation and post the same at the entrances of City Cemetery, O'Rorke-Catholic Cemetery, and Mt. Hope Cemetery. It is unlawful for any person except a City employee or contractor to be on cemetery property outside the hours of operation without written permission from the Parks and Recreation Director. It is further prohibited for anyone to enter or leave the cemeteries other than by the established entrances and exits. (b) Vehicular access and operation in the cemeteries shall be permitted as follows: (1) City Cemetery. No vehicles are permitted within City Cemetery except for vehicles associated with cemetery maintenance, scheduled contractual work, or visitors with physical disability. No vehicular access shall be permitted outside regular business hours except as approved by the Parks and Recreation Director or designee. Access on weekends and holidays must be arranged twenty-four (24) hours in advance through the cemetery director. (2) O'Rorke-Catholic Cemetery. No vehicles are allowed within this cemetery except for vehicles associated with cemetery maintenance or scheduled contract work. (3) Mt. Hope Cemetery. Vehicles are permitted so long as they do not exceed ten (10) miles per hour in speed, remain on roadways at all times when not involved in maintenance or grave preparation or closure, if parked do not obstruct other traffic. Any vehicle obstructing operations may be towed. (Ord. No. 2011-829, §3, 1-18-11)

Raleigh City Code § 9-4021 PROHIBITIONS.

Sec. 9-4021. - PROHIBITIONS. (a) Children under twelve (12) years of age unless accompanied by an adult assuming responsibility for the child. (b) Delivery vehicles not on City business. (c) Firearms unless carried by law enforcement officers or a military honor guard. (d) Intoxicating beverages. (e) Dogs except for service animals or law enforcement animals. (f) Camping, hunting, playing, and loitering. Running is permitted on paved surfaces only. (g) Cutting picking, pulling flowers or plants, gathering berries or fruits or nuts, breaking branches form any shrub or tree. (h) Littering (i) Sitting or climbing on a marker, monument, mausoleum or fixture of any kind. (j) Peddling, begging, soliciting or collecting. (k) Display or distribution of printed material relating to any commercial use without prior written approval of the Parks and Recreation Director or designee. (l) Glass containers. (m) Fishing or trapping of animals. (n) Scattering of cremated remains on cemetery grounds. (o) Taking etchings and rubbings of cemetery stones is prohibited unless approved by the Parks and Recreation Director or designee. (p) Digging holes for the purpose of erecting a tent, stage, or other structure by anyone other than City staff without written permission from the Parks and Recreation Director. (q) Injure, deface, break, destroy or remove any headstone, tombstone, bench, monument, grave decoration, tree, shrub, or any other cemetery property. (r) No person shall engage in fighting or quarreling in a cemetery. No loud or boisterous music is allowed and no one shall interrupt or disturb any funeral or memorial service. (s) No historical reenactments, fundraisers, or special events unless approved by the Parks and Recreation Director or designee. (Ord. No. 2011-829, §4, 1-18-11)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT9PARECUAF_CH4CEFetched: 11/1/2026