[R.O. 2003 § 135.010; Ord. No. 20.207 § 1, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
That cemetery of the City of Marceline known as "Mount Olivet Cemetery" and consisting of approximately five (5) acres, more or less, and situated in the south ten (10) acres off the northwest quarter of the southeast quarter (NW 1/4 SE 1/4) of section thirty (30), township fifty-seven (57), range eighteen (18) in Linn County, Missouri, together with all additions which may have been or may hereafter be annexed thereto by the City is hereby ordained to be Mount Olivet Cemetery of the City of Marceline, and all recorded plats and maps descriptive thereof are hereby confirmed, ratified and approved.
[R.O. 2003 § 135.020; Ord. No. 20.207 § 2, 4-13-1964; Ord. No. 35.1173, 11-20-2012; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any person to bury or cause to be buried any human body or human remains within the City limits of the City of Marceline, except within the limits of said Mount Olivet Cemetery, or within a private cemetery established in conformity with this Article. No more than one (1) human body burial or two (2) cremation burials shall be allowed per burial space. No pets or other animals shall be allowed to be buried in any burial space within the cemetery. For purposes of this Section, a burial space is as defined under Section 135.310.
[Ord. No. 18-12.52, 12-18-2018]
A lot sold before December 31, 2018, is defined as eight (8) burial spaces. A lot sold on January 1, 2019, or later is defined as one (1) burial space.
[R.O. 2003 § 135.030; Ord. No. 20.207 § 3, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any person to sell or offer to sell to the public any land or lots sold or intended to be used for the purpose of burying therein any dead human body within the City of Marceline unless the land sold or offered for sale shall be within a private cemetery.
[R.O. 2003 § 135.040; Ord. No. 20.207 § 5, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
All lots within Mount Olivet Cemetery shall be conveyed by the City as provided by the laws of the State of Missouri and shall be described by block and lot numbers as such numbers shall appear upon the recorded plat or plats applicable thereto.
[R.O. 2003 § 135.050; Ord. No. 20.207 § 6, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
A. 
After the initial conveyance of any cemetery land in Mount Olivet Cemetery by the City, no grantee or his/her heirs, successors or assigns shall resell or reconvey the same, but all such lots shall be reconveyed to the City. If the lot had been purchased prior to October 31, 1963, the City of Marceline will repurchase it at the following prices:
1. 
One-eighth (1/8) lot: fifteen dollars ($15.00).
2. 
One-fourth (1/4) lot: three dollars ($30.00).
3. 
One-half (1/2) lot: fifty-five dollars ($55.00).
4. 
One (1) lot: one hundred five dollars ($105.00).
B. 
If the lot was purchased after October 31, 1963, it will be repurchased at the cost price. Any attempted conveyance of any cemetery property by any person in violation hereof shall be null and void and of no effect. If any person shall be possessed of any cemetery property within the Mount Olivet Cemetery, then the person to whom such property shall pass by will, or by the laws of descent and distribution of the State, may, upon such proper evidence of the same as the City may require, convey such property to the City. Nothing contained herein shall invalidate any conveyance of cemetery property which may have been made in conformity with any ordinance of the City in effect at the time of such conveyance.
[R.O. 2003 § 135.070; Ord. No. 20.207 § 8, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any one (1) person to purchase in excess of sixteen (16) lots in Mount Olivet Cemetery. The City Council may, however, for good cause shown, permit an exception hereto by motion duly passed and entered. The provisions of this Section shall not be applicable to ownership of lots in effect prior to April 13, 1964.
[R.O. 2003 § 135.080; Ord. No. 18-12.52, 12-18-2018]
A. 
Every person or association which owns any cemetery in which dead human remains are or may be buried or otherwise interred, except a private or family cemetery, shall cause to be maintained in an office in the cemetery, or in an office within a reasonable distance of the cemetery, a plat of such cemetery showing the entire area and location of the cemetery, the portion thereof which is formally dedicated for the burial of dead human remains, all burial lots or interment spaces, and all walks, roads, improvements and features. The cemetery operator shall cause the plat to be updated from time to time as is necessary to cause the plat to remain current.
B. 
The cemetery operator shall also cause to be maintained at such office a record of the owner of each burial lot or interment space described in the current plat of the cemetery and a record of all dead human remains buried or interred at the cemetery, which record shall include the name of each deceased person buried or interred at the cemetery, the date of burial or interment, the location of burial or interment and, if known, the name and address of the funeral director who provided the memorial service or other final arrangements for the deceased person. The cemetery operator shall cause reasonable assistance to be provided to burial lot or interment space owners in locating their lots or spaces and to the family or other interested persons in locating the place of burial or interment of deceased persons whose remains are buried or interred in the cemetery.
[R.O. 2003 § 135.090; Ord. No. 20.207 § 10, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
The Sexton of said Mount Olivet Cemetery shall be appointed by and the duties, salaries or other compensation thereof shall be determined by the City Manager in all respects as provided for the appointment, compensation and assignment or other City employees not expressly otherwise established by ordinance. No person shall dig any grave in such cemetery except such Sexton without the express approval and special appointment by the City Manager.
[R.O. 2003 § 135.100; Ord. No. 20.207 § 11, 4-13-1964; Ord. No. 35.1203, 4-15-2014; Ord. No. 18-12.52, 12-18-2018]
All graves in said Mount Olivet Cemetery shall be dug to a minimum of five (5) feet and the use of steel or concrete liners are required. After interment, the dirt shall be immediately replaced in the grave and any excess dirt shall be removed and placed in the cemetery at such place as the City Manager shall direct.
[Ord. No. 18-12.52, 12-18-2018; Ord. No. 19-03.02, 3-19-2019; Ord. No. 20-12.10, 12-15-2020; Ord. No. 24-06.08, 6-19-2024]
A. 
A fee for the opening and closing of a grave/cremation shall be assessed for each grave opening/closing at the Mount Olivet Cemetery. The fees are as follows:
1. 
Grave opening/closing per lot: five hundred fifty dollars ($550.00).
2. 
Cremation opening/closing per cremation: three hundred dollars ($300.00).
3. 
Weekend and holiday grave opening/closing per lot: seven hundred dollars ($700.00).
4. 
Weekend and holiday cremation opening/closing per cremation: four hundred fifty dollars ($450.00).
[R.O. 2003 § 135.110; Ord. No. 20.207 § 12, 4-13-1964; Ord. No. 11-04.02, 11-15-2011; Ord. No. 18-12.52, 12-18-2018]
No person, except for a City employee, shall dig or cause or permit to be dug any grave in said Mount Olivet Cemetery whether it be a traditional grave or cremation, without the consent or approval of the person owning said lot, or if he/she be deceased, his/her next of kin.
[R.O. 2003 § 135.120; Ord. No. 20.207 § 13, 4-13-1964; Ord. No. 17-11.051, 11-13-2017; Ord. No. 18-12.52, 12-18-2018]
A. 
For the purpose of preserving the peace, decorum and beauty of said Mount Olivet Cemetery, the following acts, conduct, practices or commissions are hereby declared to be unlawful and violation of these provisions are hereby declared to be an ordinance violation:
1. 
Operation of any vehicle in said cemetery in excess of twelve (12) miles per hour.
2. 
To permit or cause any livestock to enter or remain within the cemetery at any time with the exception of horses used for transportation.
3. 
To commit any nuisance or act of indecency or use any loud, angry, abusive or indecent language to be or remain therein while under the influence of intoxicating liquor.
4. 
To hunt with dog or gun within said premises or to discharge any firearm therein except in the performance of ceremonies relating to military funerals.
5. 
To walk upon or occupy or molest any private lot or damage any stone, decoration or plant thereon without the consent of the owner thereof.
6. 
To use any cemetery lot for any purpose except for internment or beautification.
7. 
To erect any structure on said premises except a monument or vault and no grotesque, unusual, offensive or unsightly monument or vault shall be erected.
8. 
To cause or make any indecent or suggestive inscription on any marker or stone therein or any other inscription not in keeping with the dignity, decorum or solemnity of cemetery usage.
B. 
Certain Traffic Prohibited.
[R.O. 2003 § 135.150; Ord. No. 20.205 §§ 1 — 4, 10-21-1957; Ord. No. 18-12.52, 12-18-2018]
1. 
It shall be unlawful for any person to drive, operate, tow or cause to be propelled through the Mount Olivet Cemetery and additions thereto of Marceline any tractor, truck, combine, mowing machine, rake or any other farm or construction equipment or machinery.
2. 
The provisions hereof shall not apply to any person engaged in repairs, improvements or care of said cemetery.
[Ord. No. 23-04.04, 4-12-2023; Ord. No. 23-05.05, 5-11-2023]
A. 
The City will manage the mowing and general groundskeeping care of Mt. Olivet Cemetery.
B. 
Only the following items are allowed on cemetery lots:
1. 
Headstones/markers.
2. 
Shepherd's hooks placed abutting the headstone/marker.
3. 
Mausoleum pads.
4. 
Urns, vases, artificial flowers and related non-organic material may only be placed on or within the concrete perimeter of headstones to not interfere with care and maintenance of the lot.
C. 
Except for markers, memorials, flowers, and urns expressly allowed by this Chapter, and Veteran Flags as authorized by law, no other item (including, but not limited to, ornaments, signs, trellises, statues, benches, lighting features, landscaping, bricks, stones, grave border materials or other structures) that hinders the use of lawn maintenance equipment shall be installed or maintained within the Mt. Olivet Cemetery, nor shall any grading, digging, mounding or similar alteration of the ground or earth occur except as authorized by this Chapter or by the City. Such items will be removed and disposed of by the City without written or verbal notice.
D. 
The City reserves the right to remove or trim any existing trees, plants or shrubs located within a cemetery in the interest of maintaining proper appearance and the use of the cemetery. Additionally, flowers or plants will be removed when they wilt or otherwise become unsightly.
E. 
The Sexton shall have the right and authority to remove and dispose of any and all growth, emblems, displays, containers, and other items that through decay, deterioration, damage or otherwise become or are unsightly, a source of litter, or a maintenance problem.
F. 
The City, and its officers, employees, contractors, and agents including the Sexton and the City Council, assume no liability for damages to property or person, or for physical or mental suffering arising out of the performance of its normal operations related to the construction, management, operation, maintenance, care, and platting of the Mt. Olive Cemetery, including care of the cemetery, any lot and the graves, or for loss by vandalism or other acts beyond its reasonable control at the Mt. Olivet Cemetery.
G. 
The City reserves the right to alter, change, or close alleys, roadways, walkways, water mains, and other physical public properties at the Mt. Olivet Cemetery.
[R.O. 2003 § 135.130; Ord. No. 20.207 § 14, 4-13-1964; Ord. No. 17-11.051, 11-13-2017; Ord. No. 18-12.52, 12-18-2018]
The Mt. Olivet Cemetery shall be open to the public twenty-four (24) hours a day, seven (7) days a week unless or until determined by the City Manager that a temporary emergency or situation exists that would cause damage to cemetery grounds or property or jeopardize the safety of visitors to the cemetery.
[R.O. 2003 § 135.140; Ord. No. 18-12.52, 12-18-2018]
A. 
Every person or association which owns any cemetery in which dead human remains are buried or otherwise interred is authorized, at the cemetery owner's expense, to disinter individual remains and reinter or rebury the remains at another location within the cemetery in order to correct an error made in the original burial or interment of the remains.
B. 
Every person or association which owns any cemetery in which dead human remains are buried or otherwise interred is authorized to disinter individual remains and either to reinter or rebury the remains at another location within the cemetery or to deliver the remains to a carrier for transportation out of the cemetery, all pursuant to written instructions signed and acknowledged by a majority of the following adult members of the deceased person's family who are then known and living: surviving spouse, children and parents. If none of the above family members survive the deceased, then the majority of the grandchildren, brothers and sisters of whole and half-blood may authorize the disinterment, relocation or delivery of the remains of the deceased. The costs of such disinterment, relocation or delivery shall be paid by the deceased person's family.
C. 
Every person or association which owns any cemetery in which dead human remains are buried or otherwise interred is authorized to disinter individual remains and either to reinter or rebury the remains at another location within the cemetery or to deliver the remains to a carrier for transportation out of the cemetery, all pursuant to a final order issued by the Circuit Court for the County in which the cemetery is located. The court may issue the order, in the court's discretion and upon such notice and hearing as the court shall deem appropriate, for good cause shown, including, without limitation, the best interests of the public health or safety, the best interests of the deceased person's family or the reasonable requirements of the cemetery to facilitate the operation, maintenance, improvement or enlargement of the cemetery. The costs of such disinterment, relocation and delivery and the related court proceedings, shall be paid by the persons so ordered by the court.
D. 
The City has no liability to the deceased person's family or to any other person for disinterment, relocation, or delivery of deceased human remains, made pursuant to this Section or Section 214.208, RSMo. City employees shall not be involved in any funeral or burial ceremony including the placement of remains into a gravesite other than those actions required in Section 135.100 and Section 135.110 of this Chapter.
[Ord. No. 23-04.04, 4-12-2023; Ord. No. 23-05.05, 5-11-2023]
E. 
In addition to any records filed pursuant to Chapter 193, RSMo., any person or owner or operator of any cemetery which removes any body which has been properly buried or interred for transportation to a location outside the original cemetery shall, prior to such disinterment, file notice with the County Coroner or County Medical Examiner and also notify by certified mail the closest living relative known to the cemetery operator, of the body being moved. Such notice shall provide the name and address of the person moving the body, the name of the person whose body is to be moved, and the location to which the body is to be moved. Transportation of the body shall be in accordance with the provisions of Sections 194.010 to 194.110, RSMo., and in accordance with any other applicable law or regulation.