HomeMy WebLinkAboutRule 07 - Rules Relating To Veterans Cemeteries
RULES AND REGULATIONSOF THE
DEPARTMENT OF PARKS AND RECREATION
OF THECOUNTY OF HAWAI‘I
RULE 7
RULES RELATING TO VETERANS CEMETERIES
EFFECTIVE DATE:February 9, 2014
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TABLE OF CONTENTS
Section 1General Provisions3
A.Title3
B.Purpose3
C.Scope3
Section 2Definitions3
Section 3Administration5
Section 4Eligibility5
A.Active Duty ServiceMember and Veterans5
B.Spousesand Eligible Members6
C.Children of Active Duty ServiceMembers and Veterans6
D.Determining Eligibility7
Section 5Plot Reservations7
A.Eligibility 7
B.Fees for New Reservations 7
C.ExistingReservations8
D.Renewal ofReservations8
E.Fees for Renewal of Reservations8
F.Administration8
Section 6Burial Procedure9
A. Responsibilities of the Funeral Director9
B. Processing of Applicants9
C. Schedule of Burial9
D. Burial Days9
E.Charges9
F.Transportation of Remains of Former Residents9
G. Multiple Burials10
H.Urn Burials10
I. Casket Burials10
J. Interment10
K. Military Honors10
Section 7 Grave Site Markers; Decorationsand OfferingsOperation and Visitation10
A.Type; Size Limits10
B.Niche Vases 10
C.Decorations and Offerings11
D.Removal of Decorations and Offerings11
E.Plot Size11
F.Hours of Operation11
G.Visitors12
Section 8 Maintenance ofGrave Sites and Cemeteries13
A.Grave Site Maintenance13
B.Flags13
C.General Maintenance13
Section 9Severability Clause13
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RULES AND REGULATIONSOF THE
DEPARTMENT OF PARKS AND RECREATION
OF THECOUNTY OF HAWAI‘I
RULE 7 -RULES RELATING TO VETERANS CEMETERIES
Section 1General Provisions
A. Title. These rules and regulations may be cited as the Hawai‘i County
Veterans Cemeteries Rules.
B. Purpose. These rules are promulgated to clarify and implement Veterans
Affairs and National Cemeteries Administration Regulations,Section 363-
5 and Chapter 91 of the Hawai‘iRevised Statutes as amended, and
Chapter 15, Article 7, of the Hawai‘iCounty Code, to the end that the
provisions thereunder may be best effectuated.
C. Scope. These rules shall apply to all veterans cemeteries and Veterans
Cemeteries Committees now or hereafter established by law and which
are under the management and control of the County of Hawai‘i.
Section 2Definitions
A. For the purpose of these rules, the following terms, phrases, words, and
their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall
include the future, words used in the singular number shall include the
plural number and words used in the masculine gender shall include the
feminine gender.
B. ‘‘Casket’’shall mean a rigid container which is designed for the
encasement of a human corpse.
C. ‘‘Children’’shall mean both adult and minor children as heretofore defined.
D.‘‘Children, Adult’’shall mean all personstwenty-one (21)years of age or
older who are the issue of or who have been legally adopted by any
veteran or service member eligible to be interred in any county-managed
veterans cemetery.
E. ‘‘Children, Minor’’shall mean all unmarried persons younger than twenty-
one (21) years of age who are the issue of or who have been legally
adopted by any veteran or service membereligible to be interred in any
County-managed veterans cemetery.
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F.‘‘County’’shall mean the County of Hawai‘i.
G.‘‘Dependents’’shall mean any spouse or children eligible for interment
pursuant to these rules.
H. ‘‘Eligible Member’’shall mean any service member, veteran, national
guardsman or reservist as those terms are defined in these rules, who is
eligible for burial in a veterans cemetery established in the County of
Hawai‘i.
I.‘‘Multiple Burials’’shall mean burials of up to two (2)caskets or three (3)
urns, or a combination thereof, in one (1) standard grave site.
J.‘‘National Guardsman or Reservist’’shall mean any member or former
member of the National Guard or Reservists who served at least twenty
(20) years and is, or will be, eligible for retirement pay.
K.‘‘Reservation’’shall mean the setting aside, prior to the time of death of a
person eligible for burial in a veterans cemetery, of a specific burial plot in
that cemetery.
L.‘‘Resident’’shall mean a person who has his/hertrue, fixed and
permanent home in the County of Hawai‘i. For the purpose of this
definition, the following acts or conduct shall be evidence of residency:
1.actual physical or bodily presence in the jurisdiction;
2.proportionate time spent within and without the jurisdiction;
3.ownership of real property within the jurisdiction;
4.employment or conducting a business within the jurisdiction;
5.registering or being registered as a voter within the jurisdiction;
6.payment of local or State taxes; or
7.location of immediate family. Immediate family shall mean mother,
father, brother, sister of the veteran or service member.
The above-enumerated items are not exclusive,and other relevant
factors may be considered to determine the intent of the person in
question.
M.“Service Animal” shall be defined by the current Americans with
Disabilities Act, Title II and Title III rules.
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N.“Service member shall mean any person serving as a member of the
Armed Forces of the United States who would, upon the termination of
his/her military service, be entitled to veteran’sbenefits under Federal
laws.
O.‘‘Spouse’’shall mean the present husband or wife of the eligible service
memberor veteran, but shall not include persons divorced or legally
separated from said service memberor veteran, or subsequently
remarried to someone else.
P.‘‘Urn’’shall mean a vessel or vase used for preserving the ashes of dead
persons after cremation.
Q.‘‘Veteran’’shall mean any former member of the Armed Forces of the
United States or any person who is now a citizen of the United States:
who has served in any of the armed services of any country
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allied with the United States in any war or campaign in which
the United States was also engaged and who was a citizen
of the U.S. at the time of death; and
2. who has been discharged from service under other than
dishonorable conditions; provided that, in case of multiple
military service, the condition of discharge from the last
service shall not supersede all prior discharge conditions for
the purpose of this rule.
R.‘‘Veterans Cemetery’’shall refer to any cemetery managed by the County
of Hawai‘iand established by law for the purpose of interring eligible
veterans or service membersand their dependents.
Section 3Administration
The County of Hawai‘i Department of Parks and Recreation shall be
responsible for the administration of these rules and regulations and may
prescribe whatever procedures and forms it may deem necessary for its
implementation.
Section 4Eligibility
A. Active Duty Service Member andVeterans. The following deceased
persons are eligible to be buried in veterans cemeteries established in the
County of Hawai‘i:
1.Active duty service members who are residents or former residents
of the County of Hawai‘iat the time of their death.
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2.Veterans discharged from active duty under conditions other than
dishonorable with either peacetime or wartime service who are
residents or former residents of the County of Hawai‘i at the time of
their death.
3.National Guardsman or Reservists entitled to retired pay under
Chapter 1223, Title 10, United States Code, or would have been
entitled, but for being under sixty (60)years of age,who are
residents or former residents of the County of Hawai‘iat the time of
their death.
B.Spouses of Eligible Members. The spouse of an eligible member may also
be interred in the same cemetery as the eligible member, provided that a
marriage certificate is produced as proof of marriage and provided that the
following conditions are also met:
1.The already deceased eligible member must be interred in the
same veterans cemetery in which the spouse desires to be buried.
2.If the eligible member is living at the time of the spouse’s death, the
spouse may be interred in a County veterans cemetery only if the
living eligible member shall sign a statement expressing his/her
intention to be buried in the same veterans cemetery as his/her
spouse.
3.If the eligible service member has not yet been buried in a veterans
cemetery in the County of Hawai‘i, but has been declared officially
dead or missing in action, the spouse of such service membermay
be interred in any veterans cemetery in the County of Hawai‘ito
which she/hehas committed, in writing, the remains of the eligible
service member.
4.Any re-marriage ofa surviving spouse of a veteran that has been
annulled or otherwise declared void by a court or competent
jurisdiction.
C.Children of Active Duty ServiceMembersand Veterans.
1.The unmarried minor children of an eligible member who has been
buried orwhose spouse has been buried in a veterans cemetery in
the County of Hawai‘imay also be interred in the same veterans
cemetery.
2.The unmarried minor children of any living eligible member who
predecease such eligible member and his/herspouse, may be
buried in a veterans cemetery in the County provided the eligible
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member shall sign a statement committing his/herremains to the
same cemetery.
3.The unmarried adult children of an eligible member may also be
interred in a veterans cemetery in the County if they are:
a. pursuing a full-time course of instruction at an accredited
educational institution, and not over twenty-three (23) years
of age; or
b.of any age but became permanently physically or mentally
disabled and incapable of self-support before reaching
twenty-one(21) yearsof age, or before reachingtwenty-
three (23) years of age if pursuing a full-time course of
instruction at an approved educational institution.Eligibility
shall be supported by the following documents submitted by
the next of kin:
1. a statement of the decedent’s marital status;
2. a statement of the degree of the dependency; and
3. a statement from an attending physician about the
nature and duration of the physical and/or mental
disability.
D.Determining Eligibility. The County of Hawai‘i Department of Parks and
Recreation shall determine, in consultation with the State of Hawai‘i,
Veterans Services Counselor for Hawai‘iCounty, whether a person is
qualified to be buriedin a County veterans cemetery. Inso doing, the
Department may require the production of official documents such as birth
certificates, military discharge papers, voter registration certificates,
driver’s licenses, or marriage certificates, which may be relevant in
determining the eligibility of the person in question to be interred in a
County veterans cemetery.
Section 5Plot Reservations
A. Eligibility.Only eligible veterans whose spouse has died and surviving
spouses of eligible veterans may reserve a burial plot. Reservations are
limited to the plot adjoiningthe one in which the eligible veteran or the
eligible veteran’s spouse is buried.
B. Fees for New Reservations. Every application for a new reservation shall
be accompanied by a fee of ten dollars ($10). The fees shall beapplied
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toward the costs of processing applications for new reservations. No
application shall be processed if not accompanied by the appropriate fee.
C. Existing Reservations. All reservations obtained prior to the effective date
of this amended rule shall remain in effect unless terminated by:
1. a determination under Section 4 D that the person to be buried is
no longer eligible for burial in a veterans cemeteryor;
2. a withdrawal of the reservation; or
3. the non-renewal of a reservation.
D.Renewal of Reservations. The Director shall cause to be prepared a list of
all reservations. The list shall be reviewed not less than every five (5)
years; the list shall accurately reflect those reservations which have not
been terminated.
The Director shall, not less than forty-five (45)days prior to the date that
the reservation list is to be reviewed, send notice to all persons who have
made a reservation. Notice may be written or oral; written notice may be
delivered by mail orby other means, reasonably calculated to reach the
intended recipient; if by mail, notice will be deemed given on the date of
mailing.
Failure to respond within sixty (60)days shall cause the Director to issue a
final notice of termination to be effectivesix (6)months from the date of
final notice.
Any person eligible to be buried in a County veterans cemetery for whom
a plot was not reserved prior to death shall be buried in a plot designated
by the Countyof Hawai‘iDepartment of Parks and Recreation.
E.Fees for Renewal of Reservations. Every application for the renewal of a
Dependent’s reservation shall be accompanied by a fee of five dollars
($5). The fees shall be applied toward the costs of processing applications
for such renewals. No application shall be processed if not accompanied
by the appropriate fee.
F. Administration. The County Department of Parks and Recreation,or such
other agency as may be duly designated, shall be responsible for the
administration of Section 5 of this Chapter andmay prescribe whatever
procedures and forms it may deem necessary for its implementation.
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Section 6Burial Procedure
A.Responsibilities of Funeral Director. The funeral director in charge of the
burial of any person desiring to be interred in a County veterans cemetery
shall give immediate notice of the death of such person to the County
Department of Parks and Recreation and shall submit all documents
required by law along with an application for burial in the veterans
cemetery and other documents as may be required or requested by the
County Department of Parks and Recreation to determine the eligibility of
the decedent to be interred in a County veterans cemetery.The funeral
director is responsible for ensuring the burial complies with the current
Americans with Disabilities Act.
B.Processing of Applicants. All applications for burial in County veterans
cemeteries shall be processed by the Department of Parks and
Recreation who shall determine with all deliberate speed the eligibility of
the decedent to be interred in said County veterans cemeteries.
Notice of its determination as to the eligibility or ineligibility of the decedent
shall be given to the funeral director and to the family of the deceased.
C.Schedule of Burial. When the decedent has been deemed eligible for
burial, the County Department of Parks and Recreation shall schedule the
burial of the decedent after consultation with the funeral director and under
no circumstances shall a burial be arranged for by the funeral director
without approval having first been secured from the County Department of
Parks and Recreation.
D.Burial Days. All burials shall be scheduled at times designated by the
Director of Parks and Recreation, State and Federal holidays excepted.
No burial shall be scheduled on a weekend or a holidayunless the
decedent’s family shall arrange for the payment of overtime with affected
employee(s).
E.Charges. There shall be no charge for the burial site nor for the opening
and closing of graves. All other charges or expenses not expressly
assumed by the County shall be borne by the family or estate of the
decedent.
F.Transportation of Remains of Former Residents. As to former residents
qualified to be interred in any veterans cemetery in the County, the cost of
transporting the remains to the County will be borne by the family or estate
of the deceased or by the military service or other Federal agency as may
be allowed under Federal laws.
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G.Multiple Burials. Multiple burials of eligible members and/or their
dependents shall be made in one standard grave site. The family or estate
of the decedent shall declare prior to the initial burial the number of burials
to occur in that grave site. Such burials shall begin at an initial depth of
seven (7) feet, with the subsequent burial to be made at the depth of five
(5)feet.
H.Urn Burials. There shall be a section(s) set aside exclusively for urn
burials. No casket burials will be allowed in this area.
I.Casket Burials. All caskets used for burial shall as a minimum standard be
made of pressed wood or plywood, commonly referred to as a ‘#0 Flat Top
Coffin.’
J.Interment. Graves shall be closed as soon as practicable after the
interment session or before the close of that business day, and shall be
temporarily marked using a temporary grave marker until the Department
of Veterans Affairs provides the permanent marker for each grave.
K.Military Honors. Arrangements for military honors shall be the
responsibility of the family or representative of the decedent, notthe
veterans cemetery.
Section 7Grave Site Markers; Decorations and Offerings; Operation and
Visitation
A.Type; Size Limits. All grave site markers will be of the type made from
marble, granite, or other similar material, with dimensions twenty-four (24)
inches in length, twelve (12)inches in width, and four (4)inches in
thickness, and will be laid flat on the grave site with the top surface of the
marker at ground level. The family or estate of an eligible member must
obtain such a marker throughthe Department of Veterans Affairs at
government expense. Bronze markers may also be obtained from the
Department of Veterans Affairs. However, costs for the required concrete
base shall be at the expense of the family and all arrangements for
placement of the base and marker shall be made through the mortuary in
charge of funeral arrangements. A marker of the same type and
dimensions shall be required for a qualified spouse or child who is interred
in the same cemetery as the eligible member. In the eventof multiple
burials, the inscription on the marker shall bear the names and other
pertinent information of all the decedents interred therein. Placement of
the marker shall be determined by the County Department of Parks and
Recreation.
B.Niche Vases. All niche vases placed at the West Hawai‘i Veterans
Cemetery shall be made from spun bronze in a princess style with a bright
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finish (brilliant-gold color) and measuring seven and one-fourth (7 ¼)
inches talland include a matching ring. All niche vases placed at the
Veterans Cemetery No. 2 shall be made from spun bronze in a princess
style with an oxidized finish and measuring seven and one-fourth (7 ¼)
inches talland include a matching ring.All costs associated with the niche
vases shall be at the expense of the family.
C.Decorations and Offerings. Potted plants and flowers not more than two
(2) feet in height may be placed at the grave site, but no plants shall be
grown on the grave site and no artificial flowers shall be placed on the
grave site. Not more than four (4) one (1) gallon sized containers of
flowers are allowed on each grave site. However, new burials will be
allowed an unlimited amount of flowers for a period of four (4) months.
Other decorations and offerings as may be the custom of a religious belief
may be placed at the grave site, for a maximum of two (2) weeks,
provided they do not adversely affect the general appearance, do not
exceed the above height limitations, the common public good, and such
other standards as deemed necessary bythe County Department of Parks
and Recreation. Breakable containers made of glass, ceramic and the like,
will not be allowed for any decorations or offerings. Commercially
purchased and installed holders for cut flowers and other offerings shall be
installed so that the top of the holder is at ground level and no farther than
eight (8) inches from the headstone. Flags, windmills and all types of
figurinesshall not be permitted to be placed ordisplayed upon any grave
site, except upon the written approvalof the Director.
D.Removal of Decorations and Offerings. The County Department of Parks
and Recreation personnel may remove,at theirdiscretion, anywithered,
wilted, shriveled or drooping decorations and their containers if they are
not properly takenaway by friends or family of the decedent within the
prescribed time limitations or guidelines set forth in Section 7 B.
E.Plot Size. Plot size shall be four (4)feet by nine (9)feet with adequate
walkways provided.
F.Hours of Operation.
1.The Directororthe Director’s duly designated representative shall
establish a reasonable schedule of visiting hours for all or portions
of the cemetery and close or restrict public use of all or any portion
thereof, when necessary for the protection of the area,
maintenance, upkeep, construction, or the safety and welfare of
persons or property, by the posting of appropriate signs indicating
the extent and scope of closure.
2.All persons shall observe and abide by the officially posted signs
designating closed area and visiting hours.
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3.Hours of operation for the cemetery are:
a.Visitors: Sunrise to sunset, in coordination with the gate
opening and closing schedule of the veterans cemeteries.
b.Office: 7:45 a.m. to 4:30 p.m.
G.Visitors.
1.Visitors may be admitted during the hours the cemetery is open.
2.Visitors shall not be permitted to:
a.Litter the grounds;
b.Cut, break, remove, or injure trees, shrubs, grass, or other
plantings;
c.Use the cemetery for any form of sports or recreation,
including but not limited to:
1.Jogging;
2.Skate boarding;
3.Bicycling;
4.Picnicking;
5.Ball playing;
6.Consumption of intoxicating beverages or illegal use
of controlled substances;
7.Loitering;
8.Pets. This section shall not apply to service animals
accompanying their masters.
9.Any service, ceremony or demonstration, except as
authorized by a designated cemetery official.
3.Visitors at public gatherings or ceremonies shall observe proper
standards of decorum and decency while uponthe cemetery
premises.
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Section 8Maintenance of Grave Sites and Cemeteries
A. Grave Site Maintenance. The maintenance of markers and decorations
and offerings of each grave site shall be assumed by the family or friends
of the decedent interred therein.
B. Flags. The Department of Parks and Recreation shall be responsible for
raising and lowering the American Flag daily, Sunday through Saturday.
C. General Maintenance. The County Department of Parks and Recreation
shall be responsible for the establishment and general maintenance of all
County veterans cemeteries including the grading, filling, leveling and
platting of grave sites; the maintenance of roadways, walks, curbs, fences,
buildings and monuments; and the planting, mowing and trimming of
grass, trees, and shrubs.
Section 9Severability Clause
If any provision of these rules, or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other
provisions or applications of the rules which can be given effect without
the invalid provision or application, and to this end, the provisions of these
rules are declared to be severable.
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CERTIFICATION
I, Clayton S. Honma, Director of the Department of Parks and Recreation of the County
of Hawaii, State of Hawaii, do hereby certify:
1. That the foregoing is a full, true and correct copy of the amendments to the Rules
and Regulations of the Department of Parks and Recreation on matters relating
to Veterans Cemeteries which were adopted on December 31, 2013, after public
hearings were held in Hilo and Kona on December 13, 2013.
2. That notice of the public hearings on the foregoing rule, which included a
statement of the substance of the proposed rule, was published in both the
Hawaii Tribune -Herald and the West Hawaii Today on November 10, 2013.
Dated this 3rd day of _January 2014.
04-7 �_
CLAYTON S ONMA, Director
Department of Parks and Recreation
County of Hawaii
APPROVED:
WILLIAM P. KENOI
Mayor
County of Hawaii
APPROVEDTO FORM ND LEGALITY:
Deputy Corporati Counsel
County of Hawaii
I hereby certify that the foregoing rules were received and filed in the Office of the County Clerk
this 30th day of January . 2014. 6a"
County Clerk
County of Hawaii
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