Cemetery Rules and Regulations

7-5C-1: HOURS AND OPERATION:

A. The city cemetery shall be open to the public during daylight hours. Cemetery personnel will be available for business only from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M., Monday through Friday.

B. Employees assigned to the city cemetery are not expected to work Sundays or legal holidays, except when absolutely necessary for the preservation of order or as specified in other sections of this article.

C. No city employee shall perform any work for remuneration within the city cemetery for lot owners or visitors.

D. No employee of the city shall sell monuments, flowers or any other item for use within the cemetery.

E. No grave openings will be allowed on Sundays or legally designated city holidays. (1993 Code § 6-61; amd. 2006 Code)


7-5C-2: FEES:

A. Payable; Gratuity Prohibited: All fees or charges for service are payable to the city, office of the city treasurer. Patrons of the cemetery shall not pay any fee or gratuity to any cemetery employee of the city.

B. Due Upon Purchase: Payment in full is due upon purchase of interment spaces.

C. Payment In Advance: All fees chargeable pursuant to subsection D of this section for services rendered by employees of the city are payable in advance. No services shall be performed prior to payment in full except with the prior written authorization of the city manager or his designee. (1993 Code § 6-62)

D. Schedule Of Fees: The schedule of fees for the city cemetery shall be in such amounts as established by resolution of the city council. (Ord. 806, 1-24-2000)


7-5C-3: FUNERALS:

A. Hours Permitted: Funerals may be held in the cemetery between the hours of eight o'clock (8:00) A.M. and four o'clock (4:00) P.M., Monday through Friday.

B. Conclusion Of Services: Unless prior arrangements have been made and approved by the city manager or his designee, all funeral services shall be concluded by four o'clock (4:00) P.M. (1993 Code § 6-63)


7-5C-4: CONVEYANCE OF CEMETERY LOTS; ABANDONED LOTS:

A. Deed: Cemetery lots shall be conveyed by deed signed by the mayor and countersigned by the clerk, under the seal of the city. The deed shall show the price for which the lots are sold and specify that the person to whom it is issued is the owner of the lot or lots described therein by number, as laid down in the plat, for the purpose of interment. The deed shall vest in the purchaser and the heirs a right to the lot or lots, for the sole purpose of interment. All abandoned lots or spaces of lots shall revert to the city. (1993 Code § 6-64; amd. 2006 Code)

B. Proof Of Ownership: Proof of lot ownership must be filed with the city clerk prior to any interment.

C. Transfer Or Conveyance: Written notification of the transfer or conveyance of any lot shall be made to the city clerk.

D. Burial Card: A burial card shall be completed for each interment stating the name of the person to be buried, the owner of the space, the space number, the date of the interment, and all fees associated with the interment. The burial card shall be signed by the cemetery superintendent or his designee and by an heir at law of the decedent or personal representative. The cards shall become a permanent record to be maintained by the city of all interments.

E. Owner's Consent: An owner of a space who desires to allow a burial to be made in the space of which he is the owner shall sign a consent allowing the same before the interment is made as more fully set forth in section 7-5C-8 of this article. (1993 Code § 6-64)


7-5C-5: PURCHASE OF LOTS BY LICENSED FUNERAL HOMES:

A. The city may sell and convey cemetery lots to a licensed funeral home for the limited purposes of such funeral home acting as agent for a family or individual, hereinafter designated as principal and making such designation in writing.

B. The scope of agency as provided herein shall be limited to the agent's principal having immediate need to such cemetery space, or need in the foreseeable future. For purpose of definition, "foreseeable future" is intended to mean that period of time of six (6) months or less. This section shall not convey, directly or indirectly, any intent, option or authority for a licensed funeral home, or any other individual or entity, to purchase lots within the city cemetery for resale or commercial enterprise. (Ord. 825, 5-29-2001)


7-5C-6: CEMETERY EXPENSES AND COLLECTIONS:

All monies received by the city from the sale of lots or from interments or from any other source of cemetery revenue shall be paid daily to the city treasurer, who shall deposit the same in the city treasury. Expenses incurred for the upkeep, repair and adornment of the cemetery may be paid by the city upon proper warrants. (1993 Code § 6-65)


7-5C-7: GRAVE SPACES; LOT REGULATIONS:

A. Cemetery lots shall be used only for burial of the human dead.

B. All lots sold are subject to perpetual maintenance and all rules and regulations enacted by the city.

C. Lot owners shall not create or erect improvements, monuments, markers or otherwise install any thing or structure upon any grave space. Such improvements or markers as may be placed or installed shall be done by or under the direction of the superintendent of the cemetery or authorized employees or officers according to the specifications of the city.

D. No enclosure of any kind, including, but not limited to, fences, coping, hedges, ditches or the like, shall be permitted on or around any grave space or lot.

E. Graves or grave spaces shall not be raised above the established grade of the surrounding terrain.

F. Benches, urns, boxes, shells or similar articles of any description are inconsistent with the intended usage of the cemetery and are prohibited. Such articles, if found upon the premises, shall be removed.

G. In blocks 13, 14, and 15, no more than one memorial marker will be permitted on each grave space.

H. Special corner markers may be installed with the permission of the cemetery superintendent. Such markers shall be installed by employees of the city at the sole expense of the grave space owner. The corner markers shall be of granite or bronze construction and set flush with the surface of the ground.

I. No mausoleum or mausoleum like structures shall be permitted.

J. Funeral homes and individuals may place wreaths, flowers and temporary plants on graves for funerals and other holidays. No planting of shrubs, flowers or the like shall be permitted. No articles of any nature shall be placed upon the surface of the grave space except as herein specifically set out.

K. To facilitate maintenance and upkeep of the cemetery, all decorations, flowers, wreaths or other articles of adornment which are not in permanent vases shall be removed from the grave space within five (5) days of placement or no later than five (5) days after any legal holiday. (1993 Code § 6-66)


7-5C-8: INTERMENT:

A. Owner Consent: No interment will be permitted in any space without the written consent of the owner, or if the owner is deceased, one of the owner's heirs at law or personal representative. Such consent shall be filed with the city clerk.

B. Notice Requirement: Notice shall be given to the cemetery superintendent at least twenty four (24) hours in advance of any interment. (1993 Code § 6-67; amd. 2006 Code)


7-5C-9: DISINTERMENT:

A. Application For Approval: Prior to any disinterment, an application for approval of disinterment and removal of the bodily remains shall first be filed with, and approval obtained from, the state health department. Such approval shall then be presented to the city clerk for delivery to the cemetery superintendent prior to disinterment.

B. Unknown Bodily Remains Discovered: When the bodily remains of an unknown person are discovered in an unidentified and unmarked grave, the remains may be removed to some other gravesite within the cemetery if no record exists as to a sale or conveyance of the lot and the city is without knowledge that a body had been buried in the gravesite if the lot has been sold to another person.

C. Unacceptable Payment: If payment for interment, grave space or other cemetery fee is made through payment by a forged or false check, draft or other bill of exchange, the city shall have the right to remove such bodily remains to a single interment space in any lot it may select in the cemetery, separate and apart from the original interment. (1993 Code § 6-68)


7-5C-10: VISITOR RULES:

A. Entry: Entry upon the cemetery premises shall be made by use of the drives provided and indicated upon the plat of the cemetery.

B. Driving Within Grounds: All persons driving in or through the grounds are required to stay upon the driveways.

C. Firearms: No persons bearing firearms shall be allowed within the cemetery except for the conduct of a military funeral.

D. Signs And Advertising: No person shall install or affix to cemetery property or display any sign or other advertising device.

E. Animals Prohibited: No animals shall be permitted in the cemetery. (1993 Code § 6-69)