§ 43–124. Crematories; consent of property owners; permit.

No person shall, in the District of Columbia, build or maintain a crematory or other device for destroying human bodies, except within the limits of some duly-established cemetery in said District unless such person or persons has in writing the consent of the owners of more than one-half of the property within a radius of 200 feet from the place where such crematory is to be erected and maintained and a permit from the Mayor of said District for the erection and maintenance of such crematory or other device; such permit to be for a term of years, not exceeding 5, to be specified therein; provided, that this section shall not apply to such crematories or other devices for destroying human bodies as may have been erected and were in operation on March 3, 1901.

(Mar. 3, 1901, 31 Stat. 1298, ch. 854, § 682; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)

Prior Codifications

1981 Ed., § 27-124.

1973 Ed., § 27-124.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.