[R.O. of 1943 Ch. 5 §1]
The Board of Aldermen shall have power to purchase, receive,
and to hold real estate for public cemeteries, either within or without
the City, within a distance of three (3) miles thereof, and the City
and its officers shall have jurisdiction over the said cemeteries
wherever located: Provided, that no such cemetery shall exceed eighty
(80) acres in one (1) body. The Board of Aldermen shall provide for
the survey, platting, grading, fencing, ornamenting and improving
of all the cemetery ground, and the avenues leading thereto, owned
by the City, and may construct walks and protect ornamental trees,
and provide for paying the expenses therefor. The Board of Aldermen
may make rules and pass ordinances imposing penalties and fines, regulating,
protecting and governing city cemeteries, the owners of lots therein,
visitors thereto, and punish trespassers therein, and the officers
of such City shall have as full jurisdiction and power in the enforcing
of such rules and ordinances as though they related to the City itself.
[R.O. of 1943 Ch. 5 §2]
The city block between Schiller, Guttenberg, Ninth, and Tenth
Streets, and all city lots that have been purchased and added thereto
for cemetery purposes, are hereby set apart for and shall be known
as the City Cemetery.
[R.O. of 1943 Ch. 5 §3]
The cemetery lots shall be conveyed by certificates, signed
by the Mayor, countersigned by the Clerk, under the Seal of the City,
specifying that the purchaser to whom the same is issued is the owner
of the lot described therein by numbers, as laid down upon the official
map or plat of such cemetery made by the City, for the purpose of
interment, and such certificate shall vest in the purchaser, his or
her heirs or assigns, a right in fee simple to such lots, for the
sole purpose of interment, under the regulations of the Board of Aldermen.
Such certificates shall be entitled to be recorded in the office of
Recorder of Deeds of the proper County without further acknowledgment
and such description of lots shall be deemed and recognized as sufficient
description thereof. The Board of Aldermen may limit the number of
lots owned by the same person at the same time, and may prescribe
rules for enclosing, adorning and erecting monuments, tombstones and
ornaments on cemetery lots, and prohibit any improper adornment thereof;
but no religious test shall be made to the ownership of the lots,
or the burials had therein, or for the ornamentation of graves or
lots.
[R.O. of 1943 Ch. 5 §4; Ord. No. 1278 §1, 4-20-1998]
All corpses to be buried in this City shall be interred in the City Cemetery or other regularly dedicated cemetery. Except as permitted by Section 155.150 hereof, no more than one (1) corpse may be buried within any one lot in the City Cemetery.
[R.O. of 1943 Ch. 5 §5]
A suitable person of steady habits shall be appointed by the
Board of Aldermen as sexton of the City Cemetery, who shall hold his
trust until his successor is duly appointed and qualified, such appointment
to be made at the meeting of the Board of Aldermen held on the third
(3rd) Monday of April of each year.
[R.O. of 1943 Ch. 5 §6]
A.
It shall
be the duty of the sexton:
1.
To keep
a book in which he shall enter the names of all deceased interred
by him, together with the number of the grave and date of interment;
2.
To cause
to be dug and closed up all the graves of the dead; and he shall receive
for his services in digging and closing up all graves such compensation
as shall be provided for from time to time by the Board of Aldermen
to be paid by the applicant for such grave, and collected by himself;
3.
To report
to the Board of Aldermen all repairs needed, and have the same executed
with their consent, payable out of the City Cemetery fund;
4.
To prevent
trespasses on said grounds, and to preserve from being defaced, injured
or destroyed, any fence, gate, tombstone, monument, or anything within
or belonging to said cemetery.
[R.O. of 1943 Ch. 5 §7]
For every corpse brought to this City for interment, other than
residents or persons who own real estate in the City, the sexton shall
not dig a grave unless a certificate is produced from the City Clerk,
showing that the sum of ten dollars ($10.00) has been paid for interment
permit.
[R.O. of 1943 Ch. 5 §8]
All persons owning lots or having graves in the new addition
to the City Cemetery, south and west of the main cemetery, are and
shall be forbidden and prohibited from enclosing such lots or graves
with concrete coping or a slab of concrete.
[R.O. of 1943 Ch. 5 §9]
Any person who shall trespass upon said cemetery by destroying
or defacing any grave, vault, tombstone, monument, enclosure, or any
fence, or tree, or carrying off, pulling or breaking flowers from
graves not his own, shall be deemed guilty of a misdemeanor and shall
be fined not less than two dollars ($2.00) nor more than fifty dollars
($50.00).
[R.O. of 1943 Ch. 5 §10]
No person shall be allowed to plant any Silver Poplar, Locust,
or Atlantis trees within the enclosure of the City Cemetery.
[R.O. of 1943 Ch. 5 §11]
All persons owning lots or having graves in the City Cemetery,
and desiring to improve the same by erecting monuments, mausoleums,
or enclosures, are required to submit the plan or character of such
improvement to the Board of Aldermen for approval.
[Ord. No. 432 §3, 11-21-1960; Ord. No. 1474 §1, 2-14-2005]
Perpetual care for each single grave shall be two hundred fifty
dollars ($250.00) which sum shall be paid at the time of the purchase
of said grave and which sum shall be deposited in the cemetery trust
fund and no certificate conveying any grave shall be issued until
the cost of said grave and the perpetual care charge for said grave
shall have been fully paid.
[Ord. No. 432 §§1-2, 11-21-1960; Ord. No. 1475 §1, 2-14-2005]
The sale price of all single cemetery graves shall be one hundred
dollars ($100.00) whether resident or non-resident.
[Ord. No. 243 §§1-2, 4-3-1944]
[Ord. No. 1278 §1, 4-20-1998]
A.
At the
option of the owner of any lot within the City Cemetery, such lot
may be used for the burial of not more than four (4) urns containing
the cremated remains of a decedent, subject to the following conditions:
1.
Each
urn containing cremated remains must be securely sealed.
2.
Each
urn shall be buried to a depth of not less than twenty-four (24) inches
below the established grade immediately adjoining the burial site
and shall be positioned within the lot to permit the maximum number
of urns intended by the owner of the lot ultimately to be buried therein.
3.
No more
than one (1) tombstone or grave marker extending above ground level,
otherwise conforming to the requirements of this Chapter, may be placed
on each lot; but such tombstone or grave marker may contain the identifying
information for the remains of each decedent so interred on the lot;
and no more than one (1) additional grave marker which does not extend
above ground level, otherwise conforming to the requirements of this
Chapter, may be placed on each lot for each decedent whose remains
are so interred within the lot as permitted by this Section.
[Ord. No. 1473 §1, 2-14-2005]
Any remains of a deceased human, with the exception of cremated remains as discussed in Section 155.150, shall be buried in an outside container constructed of steel and/or concrete; provided, however, that for infants, a hard plastic casket/vault combination will be considered an approved container. Said container shall be designed for the specific purpose of supporting the weight of the earth to prevent "caving in" and protecting the inside container.
