NRS 452.030 Owner to keep cemetery in orderly condition; enforcement authority of board of county commissioners, district attorney and relative of person interred; exceptions.

658 words·~3 min read·/nv/chapter-452-cemeteries/452-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 4, every owner of a cemetery shall keep the same in an orderly condition, including, without limitation, by:

(a)Mowing any grass within the limits of the cemetery at least once per month during the growing season, based on the climate of the area, unless:

(1)Grass growth is dormant due to temperature conditions; or

(2)Mowing is impracticable due to irrigation restrictions imposed during a drought by a governmental entity with authority over water resource management or distribution in the area, including, without limitation, a water district, water authority, water utility, water system or irrigation district;

(b)Regularly removing or treating weeds within the limits of the cemetery;

(c)Replenishing, pruning or replacing landscaping elements within the limits of the cemetery as necessary to preserve the appearance and dignity of the cemetery;

(d)Maintaining pathways and entryways that lead into or through the cemetery in safe condition for pedestrian traffic, including, without limitation, by ensuring that:

(1)Such pathways and entryways are free of debris and erosion; and

(2)Landscaping elements that encroach on such pathways and entryways within the limits of the cemetery are trimmed;

(e)Removing litter and garbage within the limits of the cemetery without undue delay;

(f)Except as otherwise provided in paragraph (g), ensuring that any tomb, monument, gravestone or other structure within the limits of the cemetery is properly placed in accordance with any sales or interment records maintained by the owner of the cemetery or available to the owner; and

(g)Permitting the temporary removal and subsequent replacement of a tomb, monument, gravestone or other structure within the limits of the cemetery as necessary to allow access for equipment, the installation of a memorial or the performance of any other activity required for the normal operation of the cemetery.

2. Except as otherwise provided in subsection 5, the district attorney of the county in which a cemetery is located or a relative of any person interred in a cemetery may bring an action in a court of competent jurisdiction to enforce the requirements set forth in subsection 1. If the court finds that the owner of the cemetery has failed to keep the cemetery in an orderly condition, the court may order the owner of the cemetery to take any action necessary to bring the cemetery into such a condition.

If the owner of the cemetery fails to comply with any such order, the city or county in which the cemetery is located may, at the expense of the owner, take any action necessary to comply with the order and restore the cemetery to the required condition.

3. An owner of a cemetery who conducts an annual weed treatment shall be deemed to have complied with the requirements prescribed by paragraph

(b)of subsection 1.

4. The provisions of subsection 1 do not apply to:

(a)Any area within a cemetery that contains a historical marker or is designated as a historical site, including, without limitation, any tomb, monument, gravestone or other structure marked as historical or located on land designated as part of a historical site; or

(b)A historic cemetery owned or operated by a county.

5. The provisions of subsection 2 do not apply to:

(a)A cemetery owned by a city or county;

(b)A veterans’ cemetery; or

(c)A cemetery that is funded, in whole or in part, by the Federal Government.

6. As used in this section:

(a)“Historic” has the meaning ascribed to it in NRS 381.195 .

(b)“Landscaping element” includes, without limitation, any tree, shrub or plant within the limits of a cemetery.

(c)“Orderly condition” means the comprehensive upkeep and preservation of a cemetery in a manner that honors the deceased, promotes public safety and ensures accessibility upon request.