Definitions.

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As used in this article 24, unless the context otherwise requires:

  1. "Burial memorial" means any type of gravestone, tombstone, headstone, memorial,monument, or marker that commemorates the permanent disposition of the remains of a human body either below or above the surface of the ground.

  2. "Cemetery" means any place, including a mausoleum, in which there is providedspace either below or above the surface of the ground for the interment of the remains of human bodies. "Cemetery" does not include a cemetery that is owned, operated, or maintained by a government or governmental agency, by a church or synagogue, by a labor organization, by a cooperative association as defined in section 7-55-101, by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and that has as its main business something other than the ownership, operation, or maintenance of any business connected with the burial of the dead.

  3. "Cemetery authority" means any person who owns, maintains, or operates a cemetery.

  4. "Endowment care cemetery" means any cemetery, the authority of which does, orrepresents to the public that it does, collect funds for the purpose of caring for, maintaining, or embellishing the cemetery to preserve it from becoming unkempt or a place of reproach and desolation. It does not include a cemetery which is owned, operated, or maintained by a government or governmental agency, by a church, by a labor organization, by a cooperative association as defined in section 7-55-101, by a corporation organized and operated exclusively for religious purposes, or by a fraternal society, order, or association operating under the lodge system and exempt from the payment of state income tax and which has as its main purpose something other than the ownership, operation, or maintenance of any business connected with burial of the dead.

  5. "Grave space" means any space in the ground for the interment of the remains of ahuman body.

  6. "Inscription" means any words or symbols on a burial memorial.

  7. "Interment" means the permanent disposition of the remains of a deceased person bycremation, inurnment, entombment, or burial.

  8. "Niche" or "crypt" means a space in any structure above the ground for the intermentof the remains of a human body.

  9. "Nonendowment care cemetery" means any cemetery other than an endowment carecemetery.

  10. "Person" means a person as defined by section 2-4-401 (8).

Source: L. 2017: Entire article added with relocations, (HB 17-1244), ch. 239, p. 977, § 1, effective August 9.

Editor's note: This section is similar to former § 12-12-101 as it existed prior to 2017.


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