For many people in southern California and across the world, Disneyland holds a special place in their heart. Thousands of individuals and families create memories at Disneyland each day. Some of those people dream of having Disneyland be their final resting place. That is why attempting to spread a loved one’s ashes at the theme park is reportedly not uncommon.
However, if you scatter your loved one’s ashes at Disneyland, you could face legal consequences.
Spreading Cremated Remains on Private Property (HS 7054(a))
There are a number of laws regarding where a person may scatter cremated remains of a human being. Health and Safety Code Section 7054(a) makes it a misdemeanor to dispose of or deposit any human remains in any place except in a cemetery, or as otherwise authorized by law.
With respect to ashes, Health and Safety Code Section 7116 states:
Cremated remains may be scattered in areas where no local prohibition exists, provided that the cremated remains are not distinguishable to the public, are not in a container, and that the person who has control over disposition of the cremated remains has obtained written permission of the property owner or governing agency to scatter on the property.
This means that before you scatter a loved one’s ashes, you must obtain the written permission of the property owner or controlling government agency of the land on which you wish to do so. This means that on both public and private property, you must be sure that it is either not prohibited or that you have obtained permission to scatter your loved one’s ashes.
In the case of Disneyland, the park is private property, which means you need the permission of the parent company that owns the park to spread the ashes of a loved one there.
Punishment for Spreading Ashes on Private Property
If you spread your loved one’s remains on private property without permission of the property owner, you can be cited under HS 7054(a). Anyone found guilty of violating this section is subject to up to six months in jail and/or a fine of $500.
If you are still willing to risk spreading your loved one’s ashes at Disneyland, know this: Disneyland has made it clear that they will not only escort you off the property if you do so, but also that they have a policy to vacuum ashes and remove them from the park. So, not only would you be facing criminal charges, but your loved one’s ashes will end up in the trash instead of living eternally in the Haunted Mansion or Pirates of the Caribbean.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
If you or someone you know has been arrested for attempting to spread the ashes of a loved one at Disneyland or other private property, you should consult with the experienced criminal defense attorneys at Wallin & Klarich immediately. Our skilled criminal defense lawyers have been successfully defending clients facing criminal charges for more than 35 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at (888) 280-6839 for a free phone consultation. We will be there when you call.
