Funds to Maintain Cemeteries

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  1. Notwithstanding any law to the contrary, upon a majority vote of the legislative body of the local government, the local government may draw upon its general fund and may solicit, receive, and utilize funds from all other sources, public or nonpublic, for the purpose of rehabilitating or maintaining dilapidated or abandoned cemeteries, or portions of cemeteries, subject to the limitations imposed by subsection (b). The maintenance may include:
    1. Clearing vegetation or debris as appropriate, planting and otherwise improving the premises, cutting the grass and raking and cleaning cemetery plots at reasonable intervals;
    2. Repairing and preserving the drains, water lines, roads, fences, statues, fountains and other structures;
    3. Securing, maintaining or reconstructing the necessary records of lot ownership and burials;
    4. Resetting or straightening tipped gravemarkers, monuments or memorials; or
    5. Replacing damaged gravemarkers, monuments or memorials.
  2. This section shall not be construed to authorize any local government to utilize funds to maintain cemeteries or portions of cemeteries that are presently maintained adequately or that maintain a sufficient improvement care trust fund pursuant to this chapter and chapter 1 of this title.
  3. As used in this section, “local government” means any county, municipality, city, or other political subdivision of this state.


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