Sec. 7-101 Supervision by City Manager;
designation of Sexton.
Sec. 7-102 Hours; penalty.
Sec. 7-103 Burial prohibited on certain days;
exception.
Sec. 7-104 Vaults.
Sec. 7-105 Monuments, stones and urns.
Sec. 7-106 Temporary markers; removal.
Sec. 7-107 Construction operation supervision.
Sec. 7-108 Artificial decorations.
Sec. 7-109 Trees, shrubbery and live flowers.
Sec. 7-110 Use of lots; interments restricted.
Sec. 7-111 Enclosures prohibited.
Sec. 7-112 Improper inscription removal.
Sec. 7-113 Purchase of lots; opening or closing
of graves.
Sec. 7-114 Transfer of lots restricted.
Sec. 7-115 Removal of bodies.
Sec. 7-116 Notice of interment and permit
therefore.
Sec. 7-117 Speed limit.
Sec. 7-118 Trespassing prohibited; penalty.
Sec. 7-119 Fees and rates for certain services.
Cross references- Alcoholic beverages, Ch. 4, consumption of
cereal malt beverages in public prohibited, § 4-313; animals prohibited from
running at large, § 3-309.
State law reference- Cemeteries, K.S.A. 12-1401
et seq.
ARTICLE I.
MUNICIPAL CEMETERIES
Sec. 7-101 Supervision
by City Manager; designation of Sexton.
The
City Manager or his designates shall be vested with the authority to generally
supervise the operation of all Municipal Cemeteries in the City. The City Manager may hire such personnel as
shall be authorized by the City Commission as it deems necessary to carry out
the purpose and intent of this Chapter.
Each
Municipal Cemetery shall have one person to be designated by the City Manager
as Sexton, whose duties shall be to oversee the day-to-day operation and
maintenance of cemetery grounds.
(Code 1982)
Cross reference- City Manager, § 2-201 et seq.
Sec. 7-102 Hours;
penalty.
A. All Municipal Cemeteries shall be
open for the conduct of business between the hours of 7:00 a.m. and 4:00 p.m.
Monday through Friday.
B. It shall be unlawful for any person
to enter any Municipal Cemetery or to drive any motor vehicle or park any motor
vehicle in such cemeteries between sunset and sunrise. Any person upon such premises between sunset
and sunrise shall be guilty of a class C misdemeanor; provided, however, that
authorized city personnel may enter such cemeteries during otherwise prohibited
hours.
(Code 1982)
Sec. 7-103 Burial
prohibited on certain days; exception.
No burial shall
take place on Sundays or holidays except at a time of catastrophe, disaster or
epidemic. A current list of recognized
holidays shall be maintained by the City Clerk. For good cause and to avoid undue hardship, the City Manager, in
consultation with appropriate City staff, has the authority to make reasonable
exceptions to the burial regulations.
Revised: (Ord. No. 3494-05, 1-14-05)
Changed: 7-18-05
(Code 1982)
Sec. 7-104 Vaults.
All caskets shall be placed inside vaults, or grave
liners. Vaults shall be of concrete,
steel, or other approved permanent construction material. The use of fiberglass and wooden vaults is
prohibited.
(Code 1982)
Sec. 7-105 Monuments,
stones and urns.
All monuments and stones shall be set on concrete
footings. Such footings shall be flush
with the ground and shall extend a minimum of four inches (4”) outside the
dimensions of any part of the monument or stone. All concrete footings shall be formed, finished and edged. The concrete mix for such footing shall
consist of three parts washed rock, two (2) parts sand and one (1) part cement.
The general location of all stones or monuments on
any gravesite shall be located and placed as directed by the Sexton. All monuments and foundations shall be
entirely within the boundaries of a particular burial space. The depth of such concrete footings and bases
shall be as designated by the Sexton.
All stones and monuments cannot be set until a stone setting permit is
acquired. Such stone setting permit
shall be issued by designated city personnel in the Business Office in the City
Hall. A fee for such stone setting
permit shall be determined from time to time.
All stones and monuments may be realigned or relocated by the Sexton and
s/he is also authorized to repair and rest bases and stones as the need
requires. All urns shall be installed
in concrete and aligned with the head stones.
(Code 1982)
Sec. 7-106 Temporary
markers; removal.
Any temporary markers placed at grave sites which do
not conform to the requirements for monuments and stones as set forth in
Section 7-105 of this article may be permanently removed by authorized City
personnel if not replaced by a permanent stone or monument within twenty (20)
days after closing of the gravesite so marked.
(Code 1982)
Sec. 7-107 Construction
operation supervision.
In the erection of monuments, tombs or other
structures in municipal cemeteries, a place will be designated by the Sexton
for the deposit of building materials and implements, which shall not remain
longer on the grounds than is actually necessary; and should such implements or
materials be left on the grounds, the Sexton shall cause such materials to be
removed to some suitable place at the owner’s cost. All workers employed in construction upon the lots and grounds of
such cemeteries shall be subject to the control and direction of the Sexton. Any workers failing to conform to this
section and the other requirements of this article shall not thereafter be
permitted to work on such grounds.
(Code 1982)
Sec. 7-108 Artificial
decorations.
Artificial decorations shall be permitted from
October 1st to May 1st. Artificial
flowers may be placed upon graves for seven (7) days prior to and fifteen (15)
days following Memorial Day of each year.
Artificial flowers which are placed in urns which are a part of a
headstone and are embedded in a concrete base may be permitted at all times.
(Code 1982)
Sec. 7-109 Trees,
shrubbery and live flowers.
No person shall be authorized to plant a tree upon
any gravesite. Small shrubs and live
flowers may be planted on grave sites but only at the direction and upon
approval of the Sexton. All spreading
plants, vines or rose thorn bushes shall be prohibited. All small shrubs and live flowers that have
been previously approved by the Sexton for planting shall be maintained by the
lot owner, and any small shrubs shall be pruned or cut back to maintain a
reasonable size on an annual basis by the owner. The Sexton shall have the authority to remove any shrub or
planting which may be diseased or dead.
(Code 1982)
Sec. 7-110 Use
of lots; interments restricted.
A. The lots in said cemeteries shall not
be used for any other purpose than as a place for the burial of human remains,
and all interments and lots shall be restricted to the immediate family of the
owner or members of his household, unless special permission has been obtained
in writing from the lot owner, in which case such written permission shall be
attached to the certificate of interment.
A burial space is set aside for interment of the remains of one
human. Upon the burial of one (whole)
human remains in a given space, no other interments shall be authorized in that
space. Two (2) cremated human remains
may be interred in one space.
B.
For good cause
and to avoid undue hardship, the City Manager, in consultation with appropriate
City staff, has the authority to make reasonable exceptions to the interment
regulations.
REVISED: (Ord.
No. 3100-94, 04-20-94; Ord. No.
3475-04, 07-21-04)
Sec. 7-111 Enclosures
prohibited.
Fences, hedges, curbing and enclosures of any kind
around lots are strictly prohibited.
(Code 1982)
Sec. 7-112 Improper
inscription removal.
If any monument, effigy or any structure whatever or
any inscription be placed in or upon any lot which shall be determined by the
Sexton to be improper or offensive or injurious to the appearance of the
surrounding lots or grounds, the Sexton shall report the same to the City
Manager and, if after due investigation, the same is found to be improper,
offensive or injurious, the City Manager shall order the owner to remove such
improper, offensive or injurious subjects or inscriptions and if the lot owners
neglect or refuse within thirty (30) days after receiving notice or order of
removal to remove the same, then the City Manager shall cause the same to be
removed.
(Code 1982)
Changed: 07-22-04
Sec. 7-113 Purchase
of lots; opening or closing of graves.
The purchase price for lots and burial spaces in
municipal cemeteries shall be determined and fixed by resolution of the Board
of Commissioners and no interment shall be permitted or deed delivered until
such purchase price has been paid in full.
All graves shall be opened and closed by persons employed by the City
and the charges therefore shall be determined and fixed by the Board of
Commissioners.
(Code 1982)
Sec. 7-114 Transfer
of lots restricted.
No lot owner shall be allowed to sell or convey his
lot or any part thereof by gift or otherwise unless such conveyance is filed of
record in the Office of the City Clerk before such transfer shall become
effective.
(Code 1982)
Sec. 7-115 Removal
of bodies.
No body, after being interred in the cemetery, shall
be removed from the cemetery or from one burial place therein to another in
such cemetery without permission having been first obtained from the
Sexton. The charges for the opening and
closing of graves in the case of removal shall be the same as for regular
interments.
(Code 1982)
Sec. 7-116 Notice
of interment and permit therefore.
Whenever an interment is contemplated, timely notice
thereof shall be given to the Sexton and the following information shall be
given: name of deceased, name of owner of the burial space on which interment
is to be made and legal description of such burial space. No burial will be permitted until a proper
burial permit, as set forth by Kansas Statutes Annotated, is filed with the
Sexton.
(Code 1982)
Sec. 7-117 Speed
limit.
It shall be unlawful for any person operating a
motor vehicle in a municipal cemetery to exceed a rate of speed of ten miles
per hours (10 mph), which shall be the speed limit.
(Code 1982)
Sec. 7-118 Trespassing
prohibited; penalty.
A. It shall be unlawful for any person
to walk over, upon or across or drive any over, upon or across any lot or
burial space in municipal cemeteries except as is required by City personnel to
maintain such cemeteries.
B. A violation of this section is a Class C misdemeanor.
(Code 1982)
Sec. 7-119 Fees
and rates for certain services.
The Board of Commissioners shall establish from time
to time by resolution fixed charges to be imposed and collected for services
performed by the City in City-owned cemeteries.
(Code 1982)