46-4. Definitions.

The following terms are defined for purposes of this Chapter:

  1. Abandoned Cemetery - A cemetery for which there is no ascertainable person or entity responsible for maintenance and care, and which has not actually been maintained or cared for so that it has fallen into a state of disrepair as evidenced by overgrown foliage, broken grave markers, loss of grave identity, or such other circumstances indicating neglect or abandonment.
  2. Public Body - A County, municipality, or other governmental entity; or a quasi- governmental entity established by a governmental entity such as an authority, a district, a public hospital, a County home, etc.
  3. Public Cemetery - A cemetery that:
    1. Is or was last owned or controlled by a public body without any relinquishment of ownership or control by said public body; or
    2. Has been dedicated for use by the public generally by an express or implied dedication, and accepted by the public expressly by an act of a public body or impliedly by the actual use of the cemetery by the general public.