(a)
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor and, upon final conviction thereof, fined in accordance with section 1.01.009 of this code; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(b)
Any
person, firm, or corporation violating any provision of this article
may be enjoined by suit filed by the municipality in a court of competent
jurisdiction, and this remedy is in addition to any other penalty
provision.
(Ordinance 031208-6, sec. 2, adopted 1/12/04)
The existing dedicated cemeteries now established within the
municipality are recognized and authorized as legal and proper places
for the interment of a person who may die in the municipality or may
be brought to the municipality for burial.
(Ordinance 031208-6, sec. 1 (93.070),
adopted 1/12/04)
The limits of the existing cemeteries or any other that may
be hereafter established or authorized by ordinance shall never be
extended unless authority has been granted by the council.
(Ordinance 031208-6, sec. 1 (93.071),
adopted 1/12/04)
It shall be unlawful for any person to bury the body of any
deceased person anywhere within the municipality other than in a cemetery
duly authorized and recognized as a public burying ground under the
terms of this article, except by special permission granted by the
health officer and confirmed by the council. If the body of any deceased
person is buried anywhere within the municipality except in a legally
authorized cemetery or burying ground without such permission, then
the health officer may require the person so burying such body to
disinter such body and bury the same in a duly authorized cemetery
or burying ground.
(Ordinance 031208-6, sec. 1 (93.072),
adopted 1/12/04)
If the body of any deceased person be found buried on any lot
or ground in the municipality, the owner or agent of which lot or
ground cannot be found, it shall be lawful and is hereby made the
duty of the health officer to cause the body to be disinterred and
buried in a cemetery established by this article.
(Ordinance 031208-6, sec. 1 (93.073),
adopted 1/12/04)
(a)
Any
person wishing to establish or enlarge a cemetery, mausoleum, or other
facility for the burial, interment, or other final disposition of
the remains of dead persons shall make application to the council
to establish or enlarge such facility.
(b)
Any
person making such application shall provide the following information:
(1)
A survey of all real property to be included in such facility.
(2)
A plat of all burial lots or structures included on such real property.
(3)
Proof of ownership of all real property so included.
(4)
Proof of compliance with all statutory requirements relating to cemeteries
and perpetual care trusts or funds.
(5)
A bond sufficient to hold the municipality and all adjacent property
owners harmless from any activities for the burial of any human remains
on the property of another.
(c)
Upon
the presentation of the application, the council shall hold a hearing
on the application and shall, if no objection is filed, grant a permit
to operate a facility for the final disposition of human remains as
set forth in the application. If objections are filed, the application
shall be treated as an application for a zoning variance.
(Ordinance 031208-6, sec. 1 (93.074),
adopted 1/12/04)
