Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 38 — Cemeteries

Code as publishedas of 2026-05-27

Our copychecked by hand 2026-07-09

StatusOfficial

Verify with City of Atlanta ↗26 sections · full chapter

ARTICLE II. MUNICIPAL CEMETERIESDIVISION 1. GENERALLY

§ 38-26

Definitions.

Sec. 38-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commissioner means the commissioner of parks, recreation and cultural affairs.

Department means the department of parks and recreation. (Code 1977, § 10-2001; Ord. No. 2013-27(13-0 1088), § 4, 6-26-13)

§ 38-27

Designation of use; adoption of rules and regulations.

Sec. 38-27. Designation of use; adoption of rules and regulations.

The commissioner may designate the use of any cemetery and may adopt appropriate rules and regulations governing the use of any cemetery and the general operation of all cemeteries. (Code 1977, § 10-2071)

§ 38-28

Free burial permits for paupers.

Sec. 38-28. Free burial permits for paupers.

The mayor may grant free burial permits for the interment of the bodies of paupers or of those dying in charitable institutions or in similar cases, if the mayor decides that the circumstances justify them. (Code 1977, § 14-7034)

§ 38-29

Disturbing graves.

Sec. 38-29. Disturbing graves.

It shall be unlawful to disturb any grave, or deface, pull up or remove anything placed to mark a grave. (Code 1977, § 17-1003)

§ 38-30

Injuring or destroying tombs or flowers.

Sec. 38-30. Injuring or destroying tombs or flowers.

It shall be unlawful to destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed in the cemetery, or any fence, railing or other work used for the protection or ornament of any tomb, monument, gravestone or other structure, or for the ornament or protection of the cemetery, or to willfully destroy, cut, break, remove or injure any tree, shrub or plant that may have been planted or may be growing in the cemetery, or to commit any other trespass within the limits of the cemetery. (Code 1977, § 17-1004)

Secs. 38-31—38-40. Reserved.

ARTICLE II. MUNICIPAL CEMETERIESDIVISION 2. OAKLAND CEMETERY+

§ 38-41

Definitions.

Sec. 38-41. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cemetery means Oakland Cemetery.

Sexton means the Sexton of Oakland Cemetery. (Code 1977, § 10-2001)

§ 38-42

Scope.

Sec. 38-42. Scope.

The provisions of this division apply to the cemetery.

§ 38-43

Use of funds for restoration.

Sec. 38-43. Use of funds for restoration.

All revenues derived from the operation of the cemetery and the sale of spaces therein shall be used for the restoration of the cemetery. (Code 1977, § 10-2072)

§ 38-44

Schedule of charges for cemetery services. The schedule of charges for specified services at the cemetery is established as follows:

Sec. 38-44. Schedule of charges for cemetery services. The schedule of charges for specified services at the cemetery is established as follows:

(1)

Internment—Opening and closing (2)

Disinterment—Opening and closing fee (3)

Cremation space (4)

Infant/children—Opening and closing (5)

Disinterment of cremains (6)

Vault installation fee (7)

Marker installation (8)

Charge for the use of tents and chairs

(Code 1977, § 10-2079; Ord. No. 2002-66, § 1, 8-26-02)

Weekday $800.00 700.00 600.00 650.00 300.00 250.00 100.00 100.00 Weekend $1,000.00 800.00 600.00 750.00 400.00 Holiday $1,250.00 750.00

§ 38-45

Schedule of charges for guided tours.

Sec. 38-45. Schedule of charges for guided tours.

(a)The following fee schedule of charges is adopted by the department for guided tours of the grounds in historic Oakland Cemetery:

Table or figure — shown as printedverify at source ↗

(1) Students (ages 7—22)...................... $6.00

(2) Senior citizens (ages 65 and above)................................................ 5.00

(3) Adults (ages 23—64)....................... 10.00

(4) Group rates: Students (age 7—22, with ID)................................. 6.00 Adults (age 23—64)........................ 12.00
Senior citizen (age 65 and above)................................................ 6.00

(5)Minimum charge for any adult group of less than ten 50.00

Table or figure — shown as printedverify at source ↗

(6) Family of four, two adults, two children..................................... 28.00

Each additional child.............

6.00

(b)Payment of the charges stated in subsection (a) of this section are due at the start of the tour based on the number of attendees.

(c)All revenues generated from the tours will be used for restoration of historic Oakland Cemetery as contemplated in section 38-43.

(d)No person shall sell merchandise in the cemetery except literature of the cemetery and tickets for conducted guided tours or cultural events. (Code 1977, § 10-2077; Ord. No. 2002-66, § 2, 8-26-02; Ord. No. 2004-34, §§ 1, 2, 6-24-04; Ord. No. 2010-40(10-0-0936), § 12, 7-15-10; Ord. No. 2015-37(15-0-1216), § 1, 7-15-15)

§ 38-46

Use at night prohibited.

Sec. 38-46. Use at night prohibited.

No person, unless authorized by the commissioner or director, bureau of parks, shall be within the limits of the cemetery between the hours of 7:00 p.m. and 7:00 a.m. (Code 1977, § 10-2073)

§ 38-47

Care of lots.

Sec. 38-47. Care of lots.

(a)No tree, shrub, plant or grass shall be planted on or removed from any private plot in the cemetery without the permission of the sexton.

(b)No lot in the cemetery shall be covered with gravel, cement or concrete. (Code 1977, § 10-2074)

§ 38-48

Trespass on plots.

See. 38-48. Trespass on plots.

No person shall trespass on any plot within the cemetery. (Code 1977, § 10-2075)

§ 38-49

Stone rubbings.

Sec. 38-49. Stone rubbings.

No person shall conduct any stone rubbings within the cemetery, unless approved by the commissioner or director, bureau of parks. (Code 1977, § 10-2076)

§ 38-50

Disturbing graves; disinterments.

Sec. 38-50. Disturbing graves; disinterments.

(a)Where evidence of a grave exists, either in the records of the cemetery or by sounding, a rightful burial by permission of the lot owner shall be presumed, and the body shall not be moved. Removal may be allowed only when proof is tendered that the person requesting removal is the next of kin and has the right of removal. A copy of this proof must be tendered to the sexton at the time of removal with payment therefor, and the city shall be supplied by the person requesting removal with a statement of indemnity by the person releasing the city from liability by the performance of the removal.

(b)No person shall exhume a dead body at the cemetery without a permit as required by law.

(c)The opening of a grave in the cemetery and the interring in the grave of an additional body is forbidden. (Code 1977, § 10-2078)

§ 38-51

Pets.

Sec. 38-51. Pets.

(a)No person shall walk or possess any pet in the cemetery.

(b)It shall be the responsibility of any person bringing a pet into the cemetery to clean up any matter excreted by the pet.

(c)The prohibition in subsection (a) of this section shall not apply to any guide dog especially trained for the purpose of accompanying a totally or partially blind person or a deaf person or a service dog especially trained for the purpose of accompanying a physically disabled person. (Code 1977, § 10-2015(a), (b), (d))

Secs. 38-52—38-59. Reserved.

ARTICLE III. CEMETERY OR BURIAL GROUND DISTURBANCE PERMIT

§ 38-60

Intent.

Sec. 38-60. Intent.

The urban design commission (UDC) shall have the power to hear, grant or deny applications for a cemetery or burial ground, as defined in paragraphs (3) and (5) of O.C.G.A. § 36-72-2, as amended, disturbance permit in accordance with the powers delegated to the City by O.C.G.A. § 36-72-1 et seq. as amended. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-61

Procedures.

Sec. 38-61. Procedures.

Applications shall be filed with the director, urban design commission or their designee and shall include any supporting material as required by the rules of the commission or this section. Upon receipt of a complete application and the supporting material the UDC shall place the application on a regularly scheduled meeting agenda for public hearing, cause due notice of the time and place thereof to be published and give notice to surrounding property owners and descendants of those located in the cemetery or burial ground subject to the application. UDC staff shall review the information submitted and submit a findings of fact and recommendation to the urban design commission for their review and recommendation. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-62

Application.

Sec. 38-62. Application.

Application for a permit shall include, at a minimum, the following information:

(a)Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;

(b)A report prepared by an archeologist as defined in paragraph (2) of O.C.G.A. § 36 72-2, as amended, stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;

(c)A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;

(d)A plan prepared by a genealogist as defined in paragraph (7) of O.C.G.A. § 36 72-2, as amended, for identifying and notifying the descendants of those buried or believed to be buried in such cemetery. If those buried or believed to be buried are of aboriginal or American Indian descent, the genealogist, in preparing the notification plan, shall consult with the Council on American Indian Concerns created pursuant to O.C.G.A. § 44-12-280, as amended, and shall include in the notification plan not only any known descendants of those presumed buried but also any American Indian tribes as defined in paragraph (2) of O.C.G.A. § 44-12-260, as amended, that are culturally affiliated; and

(e)A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approximate number of graves affected. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-63

Identification and notification of descendants.

Sec. 38-63. Identification and notification of descendants.

The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the director, urban design commission. The UDC staff shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the city and a summary of the rights of descendants under this chapter. The UDC shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-64

Public hearing; decision of city council.

Sec. 38-64. Public hearing; decision of city council.

(a)The commission shall conduct the public hearing within 60 days of the filing of an application and shall make a written recommendation to the city council no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment. The applicant shall be required to post the nearest public road and the burial ground not less than 30 days prior to the both public hearing to be conducted by the UDC and the hearing before city council.

(b)Within 15 days following receipt of the recommendations of the UDC, the city council shall schedule a second public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in section 38-63, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.

(c)Within 30 days after the conclusion of the public hearing, the city council shall notify the applicant in writing of its decision. The city council shall have the authority to deny the application with written reasons therefore, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, preservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The city may adopt the applicant's proposal for mitigation.

(d)Findings required. The city council shall consider the following in making its findings:

(1)The presumption in favor of leaving the cemetery or burial ground undisturbed;

(2)The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;

(3)The economic and other costs of mitigation;

(4)The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;

(5)The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and

(6)Any other compelling factors which the city council deems relevant.

(Ord. No. 2006-58, § 1, 8-29-06)

§ 38-65

Application fee.

Sec. 38-65. Application fee.

The city council shall be authorized to impose an application fee which shall reflect the cost to the city for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, publication of notices and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-66

Appeals.

Sec. 38-66. Appeals.

Should any applicant or descendant be dissatisfied with a decision of the city council, he or she, within 30 days of such decision, may file an appeal in the Superior Court of Fulton County by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of city council is rendered.

(a)Activities during time for appeal and after filing of appeal. Until the expiration of the time for appeal as set forth in section, the applicant shall not begin or resume activities which comply with the permit issued by the city. If cm appeal is filed, the applicant may begin or resume activities which comply with the permit only upon consent of the city and the party seeking judicial review or upon order of the reviewing court for good cause shown.

(Ord. No. 2006-58, § 1, 8-29-06)

§ 38-67

Inspections.

Sec. 38-67. Inspections.

The department of police shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the city council or as modified by the superior court or reviewing court. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-68

Disinterment and disposition of human remains.

Sec. 38-68. Disinterment and disposition of human remains.

Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued. (Ord. No. 2006-58, § 1, 8-29-06)

§ 38-69

Violations.

Sec. 38-69. Violations.

Any person convicted of violating this chapter shall be punished as prescribed in section 1-8 of the Atlanta City Code. (Ord. No. 2006-58, § 1, 8-29-06)

Chapters 39—41 Chapter 42 RESERVED* Chapter 43 RESERVED* Chapters 44, 45 RESERVED Chapter 46 CIVIC AND CULTURAL AFFAIRS* Article I. In General Sec. 46-1.

Lease agreements for Cyclorama.

Secs. 46-2—46-35. Reserved.

Article II. Civic Center Sec. 46-36. Prohibited activities. Sec. 46-37. Lease agreements. Sec. 46-38. Rental rules and regulations. Secs. 46-39—46-75. Reserved.

Article III. Works of Art in Public Places Sec. 46-76. Definitions. Sec. 46-77. Purpose of the public art program. Sec. 46-78. Funds available for public art. Sec. 46-79. Authority of bureau of cultural affairs. Sec. 46-80. Placement of art. Sec. 46-81. Account and payments. Sec. 46-82. Waiver of article. Secs. 46-83—46-99. Reserved.

Article IV. Entertainment Filming Sec. 46-100. Definitions. Sec. 46-101. Purpose and intent. Sec. 46-102. Office of entertainment as resource and liaison. Sec. 46-103. Permits for filming. Sec. 46-104. Exemption from filming permit requirement—First amendment activity. Sec. 46-105. Filming elements. Sec. 46-106. Processing of permit applications. Sec. 46-107. Modification, suspension or cancellation of a permit. Sec. 46-108. Responsibilities of a producer once a permit is obtained. Sec. 46-109. Other permit requirements. Sec. 46-110. Fee schedule. Secs. 46-111—46-199. Reserved.

Article V. Downtown Arts and Entertainment District Ordinance Sec. 46-200. Sec. 46-201. Sec. 46-202.

Purpose and intent. Creation of the district. Relationship to other parts of the Code.