In its broadest sense means a burial park for earth interments,
a mausoleum for crypt entombment, a location for remains, or a combination
thereof, located in the City of Hillsboro.
The property within the legal boundary lines of the cemetery.
The ritual or ceremony near the grave, crypt or niche where
the remains are committed to their final resting place.
The remains from cremation.
A portion of a burial ground set aside by special landscaping,
architectural design or memorialized by a particular work of art.
The terms may be used interchangeably and shall apply with
like effect to two or more adjoining grave spaces used or intended
for the burial of human remains.
A space of ground sufficient in size for burial of the remains
of one adult person.
A grave space.
An empty tomb, crypt, marker or grave memorialized in honor
of person buried elsewhere.
A marker, crypt tablet, urn or niche plate.
A memorial or nameplate which is placed flush on the ground.
The permanent disposition of human remains by burial, entombment
or inurnment.
Persons descending from a common ancestor.
Husband, wife and their children.
As used herein shall mean the City of Hillsboro and its duly
authorized officers and employees.
(Ordinance O2000-09-02 adopted 9/19/00)
(a)
Cemetery
Superintendent.
The city manager shall appoint a cemetery
superintendent who shall report directly to the city manager or his
designee. The cemetery superintendent shall be responsible for the
supervision of the overall operation of all municipal cemeteries.
(b)
Duties.
The cemetery superintendent, whose place of duty shall be at
or adjacent to the Hillsboro Cemeteries during normal working hours,
shall have the following duties:
(1)
primary
responsibility for the supervision, control and maintenance of the
cemetery grounds and facilities, including: supervision of city employees
and contractors providing special services and grounds maintenance;
(2)
primary
duty and responsibility for enforcing the provision of this article,
as well as all other cemetery rules, regulations and policies;
(3)
primary
responsibility for cemetery planning and development;
(4)
primary
responsibility for development and maintenance of a complete record
of interments in all municipal cemeteries; and
(5)
such
other duties and responsibilities as may be assigned from time to
time by the city manager.
(Ordinance O2000-09-02 adopted 9/19/00)
(a)
Schedule
of Funeral Services.
No funeral service, interment or
disinterment shall be scheduled to begin in any cemetery later than
5:00 p.m. on any day.
(b)
License
Required; License Fee Required; Insurance Required.
(1)
No
contractor providing opening or closing grave services shall open
or close any grave in the cemeteries without a license. The license
shall be issued by the City of Hillsboro and shall be approved by
the city manager or his designee. An application for such a license
must be accompanied by an application fee, in an amount set from time
to time by the city council. The license shall be valid for a period
of one year. The license may be revoked by the city manager upon proof
that the licensee has violated any provision of this article or state
or federal laws or regulations.
(2)
A
license shall not be issued by the city until the applicant furnishes
proof that it has an effective policy of general liability insurance,
with minimum policy limits in an amount set from time to time by the
city council.
(c)
Responsibility
for Opening and Closing Graves; Location of Grave Spaces; Fees; Written
Designation.
(1)
The funeral home providing interment and disinterment service shall be responsible for the opening and closing of the grave used in connection therewith; including the leveling of the closed grave and restoration of the surface of the property. The funeral home responsible for the service may open and close the grave with its own employees, if licensed under the provisions of subsection (b), or may contract such services to a licensed independent contractor; however, the funeral home shall be responsible for the actions of such independent contractor. In the event that a grave site has not been properly leveled and restored within 90 days after the funeral service and interment, the licensed contractor may have his license revoked and the responsible funeral home may be prohibited from providing interment services in the cemetery. In addition, the funeral home will be responsible for any and all costs associated with leveling and restoring the grave space.
(2)
All
grave spaces must be located and marked by the cemetery superintendent
or his designee after the necessary forms have been completed. No
interment or disinterment shall occur until after the grave space
locations confirmed.
(3)
A
burial fee, in an amount set from time to time by the city council,
shall be required for any interment. The burial fee, collected by
the funeral home providing service, must be tendered to the cemetery
superintendent or his designee prior to the service being conducted;
or, in the event of a weekend or holiday burial, the burial fee must
be tendered to the city by 5:00 p.m. on the first business day following
the service.
(4)
Prior
to any interment or disinterment service being conduced, a written
authorization and all requisite documents must be submitted to the
cemetery superintendent or his designee. The documents required for
interment and disinterment shall be in a form approved from time to
time by the city manager.
(5)
Double
stacked burials are permitted provided the decision is made prior
to the first interment. The first burial shall be made in a vault
of concrete or steel.
(Ordinance O2000-09-02 adopted 9/19/00)
(a)
Designation
of Sections in Ridge Park Cemetery.
To aid in the enforcement
of the regulations as to the use and improvements of all lots in Ridge
Park Cemetery, the cemetery has been divided into the following designated
sections: (Up-to-date maps will be available in the office of the
cemetery superintendent.)
(1)
East Section.
Blocks 107, 108, and 111 through 125 as
recorded in Slide A-22 Plat Cabinet, Hill County Deed Records.
(2)
East Section.
Blocks 105, 106, 109, 110, as recorded
in Slide A-99, Plat Cabinet, Hill County Deed Records.
(3)
Center Section.
Blocks 1, 2, 3, 9, 10, 11, 17, 18, 19,
25, 26, 27, 33, 34, 35, 41, 42, 43, 49, 50, 51, 57, 58, 59, 65, 66,
67, 72, 73, 74, 78, 79, 80, 83, 84, 86, 87, 88, as recorded in Vol.
469, page 4, Hill County Deed Records.
(4)
West Section.
Blocks 1 through 52, as recorded in Vol.
469, page 3, Hill County Deed Records.
(5)
The Porter Section.
As recorded in Slide A-122, Plat
Cabinet Hill County Deed Records.
(6)
Original Ridge Park Section.
Blocks 1 through 78 as
recorded in Vol. 64, pages 178 and 179, Vol. 162, pages 34 through
44, and Slides A-96 and A-123k, Plat Cabinet, Hill County Deed Records.
(7)
Babyland.
Block 85, Center Section as recorded in Vol.
469, page 4, Hill County Deed Records.
(b)
Regulations
as to Use and Improvement of All Lots.
(1)
Decorations,
such as flowers or flower receptacles, will be permitted at the head
of all lots, so long as such decorations do not hinder or impede the
maintenance of the cemetery. Flowers, natural and artificial, as well
as other decoration, must be removed when they become wilted or faded.
In the event removal is deemed necessary by the cemetery superintendent,
he shall have the right to remove the same or any part thereof, or
otherwise correct the condition as deemed appropriate.
(2)
No
granite, brick, stone, wood, concrete or any other type of similar
walkway shall be permitted on or adjoining lots in the cemetery except
such walkways as may be provided or installed by the city.
(3)
All
permanent grave markers and lot markers shall be set on concrete or
granite base or foundation. The concrete base shall extend three inches
beyond all sides of the grave marker. A permit issued by the City
of Hillsboro and the prescribed permit fee must be tendered prior
to the installation of any permanent marker.
(4)
No
trees or shrubbery of any kind are permitted on lots in the east sections
or the Porter Section. If any tree, shrub or plant standing upon any
other lot in the cemetery shall, by its roots, branches or otherwise,
become detrimental to or interfere with adjacent lots, walkways, streets
or avenues, or if for any other reason its removal is deemed necessary
by the cemetery superintendent, he shall have the right to remove
the same or any part thereof, or otherwise correct the condition existing
as deemed appropriate.
(5)
All
interments in the cemetery shall be underground, and in a concrete
box approved by the city, or in a vault constructed of galvanized
or non-galvanized steel, copper, bronze or fiberglass. Cremains may
be buried in existing family plots at no charge or on specifically
designated plots for a charge set from time to time by resolution
of the city council. In regard to cremains, a maximum of four (4)
interments will be permitted in one (1) grave space.
(6)
The
city shall not be liable for any type of damage to any object or improvement
placed on the grave or burial plot, whether permanent or temporary.
(c)
Curbing
and Marker Regulations.
(1)
No
curbing in excess of two (2) inches in height, measured from ground
level, shall be permitted in any cemetery.
(2)
No
curbing construction of any nature, such as curbing, fencing, coping
or enclosures of any kind shall be allowed on or around any cemetery
lot or space, until a permit has been granted by the cemetery superintendent.
(3)
A
permit fee, in an amount set from time to time by the city council,
shall be required for the issuance of a curbing permit. Upon issuance
of the curbing permit, the cemetery superintendent or his designee
shall mark the boundaries of the lot or grave space.
(4)
In
the event an encroachment occurs on any adjoining lot or grave space,
said encroachment shall be remedied at the expense of the encroaching
party.
(Ordinance O2000-09-02 adopted 9/19/00)
(a)
Rules,
Regulations and Policies to be Set.
(1)
The
city manager has the authority to lay out, close or alter such avenues
and walks in the cemetery as may be appropriate. Further, the city
council shall promulgate such rules, regulations and policies for
the control and maintenance of the cemeteries as may be deemed appropriate
to promote the effective use of the cemeteries.
(2)
The
City of Hillsboro reserves to itself, and those lawfully entitled
thereto, a perpetual right of ingress and egress over all lots in
any City of Hillsboro cemetery.
(3)
It
shall be unlawful for any person, other than those persons responsible
for burials, to enter and trespass upon the premises of any city-owned
cemetery from thirty (30) minutes after sunset until thirty (30) minutes
before sunrise; provided, however, that Julatka Street will remain
open for through vehicular traffic. Parking, stopping or standing
of any vehicle on Julatka Street during the aforementioned hours is
not permitted.
(4)
Automobiles
shall not be driven through cemetery grounds at greater speed than
fifteen miles per hour, and must at all times be kept on the right
side of the cemetery roadways.
(Ordinance O2000-09-02 adopted 9/19/00)
(a)
Procedure.
(1)
All
persons desiring to purchase a burial space in a municipal cemetery
shall first contact the cemetery superintendent who shall have available
suitable plats or maps showing the size and location of all burial
spaces available and such other information as may be required in
connection with the sale and purchase of grave spaces.
(2)
Upon
selection of the grave space to be purchased, and payment of the purchase
price, the cemetery superintendent will cause a deed to the lot or
grave space to be executed and delivered to purchaser. The deed shall
clearly state that the use of the space and cemetery shall be subject
to all of the terms and provisions established by the city. The city
reserves the right to determine the availability of cemetery lots
for sale and to determine the order and/or sequence in which such
cemetery lots shall be sold.
(3)
No
subsequent sale or transfer of a cemetery space or lot by the owner
thereof shall be binding upon the city until the city is provided
written notification of such sale or transfer.
(b)
Schedule
of Prices for Cemetery Lots.
The city council shall,
from time to time, set prices of cemetery lots and other charges by
resolution.
(c)
Installment
Purchases.
The city may allow the purchase of grave spaces
in installments over a period of time not to exceed one (1) year;
however, no deed shall be issued until the purchase price is paid
in full. In the event the grave space is marked for burial, the remaining
balance shall become due and payable prior to the burial. If any purchaser
of a grave space shall fail to pay any installment owing under the
terms of an agreement to purchase, for a period of thirty (30) days,
said purchaser shall be deemed in default and shall automatically
forfeit all rights and interest therein and the city shall be entitled
to retain all payments previously made thereon as liquidated damages.
The installment purchase application shall include a completed credit
application and the purchase may not be concluded until said application
is approved by the city manager.
(Ordinance O2000-09-02 adopted 9/19/00)
Any person, firm or corporation violating any provision of this
article shall be guilty of a misdemeanor, and upon conviction, shall
be fined a sum in accordance with the general penalty provision set
forth in Section 1.109 of this code for each violation. Each day a
violation continues shall constitute a separate and distinct offense.
Any person, firm, or corporation violating any provision of this article
may be enjoined by a suit filed by the city in a court of competent
jurisdiction, and this remedy is in addition to any other penalty
provision.
(Ordinance O2000-09-02 adopted 9/19/00)
