§ 16.06. Liability Disclaimer.

The City shall not be held liable for errors or damages which may occur as a result of telephone instructions from space owners and their legal representatives, or Funeral Directors, acting on behalf of the owner or his or her heirs. The City shall take reasonable precaution to protect space owners and the burial rights of owners within the cemetery. It disclaims all responsibility for loss or damage caused by flooding, fire, windstorm, or other causes deemed an Act of God, a common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral. The City has the right without prior approval of the space owner or his or her legal representative to perform necessary maintenance tasks and to correct errors made in good faith, in any phase of cemetery administration, operation or maintenance without incurring liability of any kind whatsoever.

(Ord. of 6-27-1977, § 1; Ord. of 5-10-1999, § 3, Doc. #32067)