HomeMy Public PortalAboutOrdinance - 03-02 - 20030813 - Scattering of Cremated ReORDINANCE NO. 03-02 AMENDING ORDINANCE 93-1
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PERMITTING THE SCATTERING OF CREMATED HUMAN
OR ANIMAL REMAINS ON DISTRICT LANDS
ADOPTED AUGUST 13, 2003
Be it ordained by the Board of Directors of the Midpeninsula Regional Open Space District as
follows:
SECTION 1
Findings.
A. The Board of Directors hereby finds that adoption of this Ordinance is necessary for the
proper administration, governance, protection and use of District lands, and is both
necessary and appropriate for the safe use of District lands by the public.
B. The Board of Directors further finds that permitting the scattering of legally cremated
human or animal remains (cremains) on District lands is an appropriate use of District
lands, within permitted guidelines.
C. The Board of Directors finds that allowing this activity can be of significant emotional
benefit to survivors of a deceased person or family pet.
D. The Board of Directors finds that scattering of cremains is permitted under the authority
of the State of California Health and Safety Code Section 7116.
SECTION 2
Section 807 of Ordinance 93-1 is hereby added as follows:
807 SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains
No person shall scatter any cremated human or animal remains (cremains) without first having
obtained a written permit from the District, and shall abide by the permit conditions which shall
include, but not be limited to, the following conditions:
A. The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling,
within 500 feet of any creek, stream, or other body of water, or within 50 feet of any road
or trail.
B. Cremains must be scattered, must not be left in a pile, and must not be readily visible to
the public.
Ordinance No. 03-02
C. No containers for the cremains, identification tags, vases, flower pots, or other associated
non -organic materials, or non-native plants, may be left at the site.
D. No memorial, plaque, or other site marker may be left at the site.
E. Any person scattering cremains on District land shall possess and present a valid District
permit when scattering cremains.
SECTION 3
A copy of this Ordinance shall be published at least once within thirty (30) days of adoption in a
newspaper of general circulation printed, published and circulated in the District, and shall be
effective from and after October 6, 2003.
The foregoing Ordinance was adopted at the Regular Meeting of the Board of Directors of the
Midpeninsula Regional Open Space District held on the 13th day of August, 2003, by the
following vote:
AYES: N. Hanko, M. Davey, J. Cyh., P. Siemens, K. N.i tz, L. Hazzett
NOES: None
ABSENT: D. L it e
ABSTAIN: None
Nonette Hanko, President ,Board of Directors
Attest:
Attest:
I nneth C' Nitz, Secretary