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A. The funeral director, or person acting as such, who assumes custody of a dead body for final disposition is responsible for obtaining the burial-transit permit. For the purpose of this section, the person who assumes custody includes a person moving, or causing to be moved, the body for the following purposes:

1. Final disposition;

2. Removal from the state;

3. Storage or other holding for a period beyond 72 hours after death;

4. Transportation by common carrier;

5. Removal by any means from the registration district where death occurred.

B. A dead body may not be moved for the purpose described in subsection (A) of this section without being accompanied by a burial-transit permit, unless the body is being transported to or from the state medical examiner or the state medical examiner’s designee, an emergency exists or the body is being moved by a funeral director licensed under state law for the purpose of preparation for final disposition, and then only in accordance with instructions of the state registrar. However, a law enforcement officer or a court may order the removal of a body if necessary for an official investigation, with prior approval by the state medical examiner or the state medical examiner’s designee and with a notice of the removal to the appropriate local registrar. (Ord. 23-09-658 § 6)