[3-24-2014 by Ord. No.
14-002[1]]
Any violation of this chapter shall be treated as a municipal
civil infraction, unless otherwise provided in this chapter.
[1]
Editor's Note: Ord. No. 14-002, adopted 3-24-2014, amended Ch. 14 in its entirety to read as set out herein. Former Ch. 14, §§ 14-1 — 14-12, 14-41 — 14-45, pertained to similar subject matter and derived from the Code of 1975, §§ 9-1 — 9-14; the Code of 1992, §§ 7-1 — 7-16(a); Ord. No. 1118, adopted 4-14-1997; Ord. No. 1122, adopted 5-27-1997; and Ord. No. 1152, adopted 8-10-1998.
[3-24-2014 by Ord. No.
14-002]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The permanent disposition of the remains or cremated remains
of a deceased person by placement in the ground or within a niche
or crypt.
Refers to the document given by the City to a titleholder
providing the rights of burial only in a cemetery plot.
Lakeside Cemetery, as established, including that part thereof
designated as Veterans' Memorial Cemetery, and any other public
cemetery owned, managed or controlled by the City.
A grave, niche or crypt within the cemetery used for burials
and for no other purpose other than placing appropriate decorations
or markers.
The municipal employee designated by the City Manager to
be in charge of the cemetery.
The person listed on the certificate possessing the right
to use a cemetery plot for burials.
[3-24-2014 by Ord. No.
14-002]
(a)
The cemeteries which have been or may be established by the City
and maintained either within or without the City limits, of which
plats have been or shall be filed in the office of the City Clerk,
shall be under the management, supervision and care of the supervisor.
The supervisor, if necessary, shall cause such cemeteries to be laid
out in lots, drives and walks, the lots to be numbered, drives and
walks therein to be named, and plats thereof to be made.
(b)
The City reserves the right to change, maintain and revise any roadway
or plat incorporated within any cemetery when necessary to improve
the grounds.
(c)
The supervisor shall see that this chapter and all rules in respect
to cemeteries are strictly enforced.
[3-24-2014 by Ord. No.
14-002]
(a)
The City Manager, with the approval of the City Council, shall, from
time to time, make such rules for the operation, use and maintenance
of the cemetery, and other such matters so stated in the rules, as
may be deemed necessary.
(b)
The City Council authorizes the City Manager to make prudential final
judgments or deviations with complicated and pressing burial arrangements
or to accommodate unusual situations so that the spirit of this chapter
and the rules are kept, even if the precise rule is impossible to
attain.
[3-24-2014 by Ord. No.
14-002]
The City Council shall set the schedule of fees, rates and charges
for services rendered by the City in connection with its cemeteries
by resolution.
[3-24-2014 by Ord. No.
14-002]
(a)
Cemetery plots can be purchased through the City Clerk's office
upon payment in full of applicable fees. A certificate conveying the
right of burial, only, shall be issued by the City Clerk's office
and shall be held in accordance with applicable sections of this code
and existing rules, and such code and rules as may be hereinafter
adopted.
(b)
No transfer of burial rights to another person shall be recognized,
other than by inheritance as provided for in the rules.
(c)
No persons shall allow burials on their plot for remuneration.
(d)
No person shall sell a plot to another; except that the City reserves
the right, at its discretion, to repurchase an unused cemetery plot
at the original purchase price as provided for in the rules.
(e)
Cemetery plots are exempt from property or ordinary taxes and cannot
be seized on execution. No mortgage or other encumbrance shall be
placed or given on any plot.
[3-24-2014 by Ord. No.
14-002]
The City Clerk shall keep proper records documenting cemetery
plot purchases and burials. Burial records shall include the name
of the deceased, the date and location of the burial and other such
relevant information.
[3-24-2014 by Ord. No.
14-002]
(a)
The supervisor shall charge and cause to be collected, on behalf
of the City, such fees for work performed in the City cemeteries as
may be from time to time fixed by the City Manager.
(b)
No person, other than an employee of the City acting under the direction
of the Supervisor, shall dig or open any plot, nor shall any person
grade or fill in a cemetery plot or otherwise do any work in connection
therewith unless such work is done under the supervision of the Cemetery
Supervisor.
[3-24-2014 by Ord. No.
14-002]
(a)
Any person causing damage within a City cemetery shall be liable
to the City for restoration costs related to the damage.
(b)
To maintain order and keep the cemeteries as a dignified resting
place for everyone's loved ones, the following is prohibited
conduct in the cemetery:
(1)
Alcohol. No person shall consume alcoholic beverages in the cemetery
or carry the same upon the premises.
(2)
Animals. Domestic animals are prohibited in the cemetery, except
when leashed, kept on established drives only and the feces from said
animal are immediately removed from the cemetery grounds.
(3)
Closing hours. No person shall be in the cemetery after dusk or before
dawn, except for authorized personnel or consent is provided by the
City.
(4)
Destruction/removal of objects. No person shall move, remove, deface,
damage or destroy any cemetery property or other plot decoration,
marker, monument or other object placed in the cemetery without authority
from the City or the person who caused the object to be placed in
the cemetery.
(5)
Firearms. No person shall discharge a firearm in or adjacent to a
cemetery, except for authorized volleys at burial services or as may
be authorized by the City during special activities.
(6)
Garbage/trash. No person shall dispose of trash, flowers, containers
or any other debris except in proper disposal containers provided
for that purpose.
(7)
Leisure activity. No person shall participate in any leisure activity
on the cemetery grounds such as camping, picnicking, ball playing,
rollerblading, skateboarding, snowmobiling, etc.
(8)
Noise. No person shall play loud music, use boisterous or profane
language or in any way disturb the peace and quiet and good order
of the cemetery.
(9)
Traffic and vehicles. All traffic laws of the City applicable to
cemeteries shall be observed. Traffic on the driveways, roads and
parking within the cemetery is limited to persons engaged in and directly
related to cemetery business. No person shall drive any motor vehicle
on other than established drives, except for authorized personnel,
or at a speed greater than 15 miles per hour. Any person operating
a motor vehicle within the cemetery shall be responsible for any damage
done by their vehicle.
(c)
The cemetery rules, as adopted by the City Council, may provide for
additional matters of prohibited conduct in the cemetery and any violation
thereof shall be treated as a municipal civil infraction.
[3-24-2014 by Ord. No.
14-002]
The fund known as the "Cemetery Perpetual Endowment Fund" is
hereby continued and shall include all sums paid to the City in accordance
with the terms and conditions of perpetual care contracts for lots
located in Lakeside Cemetery. The fund shall be administered in accordance
with state law by the City Manager and the Director of Finance who
shall have custody of all moneys, credits and securities constituting
such fund. Any part of the principal of the fund may be invested in
accordance with state law.
[3-24-2014 by Ord. No.
14-002]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes any person who has or shall have served in any of
the Armed Forces of the United States and whose final service therein
before death was terminated under other than dishonorable conditions.
The fact and status of such service and qualification as such veteran
shall be established, as of the time of death, by such evidence or
record thereof as shall be satisfactory to the City Manager. Death
under other than dishonorable conditions or status, while in such
service, shall be deemed to also qualify such person as a veteran
under this definition.
[3-24-2014 by Ord. No.
14-002]
(a)
A burial in a grave in that portion of Lakeside Cemetery designated as Veterans' Memorial Cemetery shall be restricted to veterans as defined in § 14-41.
(b)
A burial in a columbarium niche in that portion of Lakeside Cemetery designated as Veterans' Memorial Cemetery shall be restricted to veterans, as defined under § 14-41, and the veteran's spouse.
(c)
In all other respects, Veterans' Memorial Cemetery shall be
subject to the rules pertaining to Lakeside Cemetery.
