The city cemetery, which is the following tract of land, to-wit:
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Beginning at the northeast corner of the Tucker addition to
the old cemetery, at the main entrance; thence north 45 degrees west
33-1/3 varas to the northwest corner; thence north 45 degrees east
100 varas to the southeast corner; thence south 45 degrees west 147-1/2
varas to a hackberry tree 10 inches in diameter for a corner; thence
south 60 degrees west 74 varas to a corner on Tucker land; thence
north 45 degrees west 122 varas to northwest corner; thence north
45 degrees east 121-1/2 varas to the place of beginning,
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lying within the limits of the city and set apart for burial
purposes, with its divisions into portions, lots, blocks and places
for single interments, as more minutely described upon the map of
the same on file in the office of the city secretary, together with
all additions that may hereafter be made thereto, be and the same
is hereby designated as the “Cameron City Cemetery” for
the burial of the dead and shall be under the superintendence of a
sexton for the purpose of enforcing the ordinances, rules and regulations
of the city herein.
(1986 Code, ch. 1, sec. 9:A)
(a)
The
city secretary is hereby appointed as the sexton in charge of the
city cemeteries, to keep them in good order and to see that the dead
are buried in proper places. It shall be the duty of the sexton to
supervise the burial of all deceased persons properly presented to
him at the cemetery for burial therein, on the presentation of the
burial permit and transit permit, if applicable, necessary to enable
him to make the entries hereby required in his register. No deceased
person shall be buried by the city sexton without said permit(s).
The sexton shall promptly prepare or cause to be prepared the graves
as requested and superintend burials. It shall be unlawful to bury
a deceased person in city cemeteries without first procuring permission
from the sexton to do so and paying any applicable fees.
(b)
The
city sexton shall keep a register, properly indexed and ruled in columns,
showing the date of burial, the name of the deceased, lot, block and
ownership of the burial plot, and the name of the funeral home responsible
for such burial. All burials made in the city cemeteries shall be
entered in said register. Said register shall be open to inspection,
at all reasonable times, by anyone interested.
(c)
The
sexton shall not receive for burial in the city cemetery any corpse
unless the bearer or bearers thereof shall deliver to him the certificate
of a licensed physician, or of the mayor or some magistrate, containing
a statement of the place whence taken, cause of death, sex, color,
name and age, if known; and if the bearer or bearers as aforesaid
refuse to furnish a certificate as above, or if the body be borne
to another place for burial after application as above to the sexton,
the sexton shall notify the mayor at once of the fact.
(d)
The
sexton shall make monthly reports in writing to the city council of
the number and kind of interments in the city cemetery, giving name,
sex, color and the cause of death, and of the state of repairs and
condition of the grounds. He shall take special care that the fences,
streets, walks and other public parts of the cemetery are kept in
good condition, and kept clean of weeds, and of the lots owned by
private parties which may be neglected by such owners, and shall superintend
all repair done by private parties on their grounds, and shall have
such repairs made upon the streets, walks and other public places
of the cemetery, from time to time, as the city council may order.
(e)
The
sexton shall adopt rules and regulations for the city cemetery for
the safety and operations of the cemetery. Such rules and regulations
may include rules and regulations for flowers, decorations, and other
aesthetic policies.
(1986 Code, ch. 1, sec. 9:B; Ordinance 2020-08-03-017 adopted 8/3/20)
It shall not be lawful for any person to have a grave dug or
a body buried in the city cemetery without the written consent of
the person owning or controlling the same; and if a grave be dug or
a body so buried on a place not purchased by the person so digging
or burying, or by those under whose authority he acts, the sexton
shall cause the grave to be closed or the body to be disinterred and
buried in that portion of the cemetery set aside for the interment
of strangers, and the sexton’s fee therefor shall be collected
as other costs against the person so offending.
(1986 Code, ch. 1, sec. 9:C(1))
It shall not be lawful for any person to disinter or remove
from any grave or vault in the city cemetery any dead body, or any
of the articles thereto belonging, except upon the written consent
of the nearest friend of the deceased and on the written order of
the mayor and under the superintendence of the sexton.
(1986 Code, ch. 1, sec. 9:C(2))
It shall not be lawful for the sexton, without proper authority
as provided for in the preceding provisions, to suffer, cause or allow
the disinterment or removal of any dead body in the city cemetery,
or to participate directly or indirectly therein, or to unlawfully
or improperly prevent the interment of any dead body properly presented
for interment.
(1986 Code, ch. 1, sec. 9:C(3))
The mayor may, using sound discretion, order the burial in the
city cemetery of the dead body of any pauper or person thrown upon
the care of the city, at the cost of the city.
(1986 Code, ch. 1, sec. 9:C(4))
It shall not be lawful for any person to write upon, cut, break
or otherwise injure or deface any tombstone, head or foot board or
stone, vault, monument, enclosure, tree, shrub, ornament or other
article, public or private, in the city cemetery not his own property.
(1986 Code, ch. 1, sec. 9:C(5))
It shall not be lawful for any person to ride or drive inside
the city cemetery faster than fifteen (15) miles per hour; nor shall
any person ride or drive over any lot or lots, whether improved or
unimproved.
(1986 Code, ch. 1, sec. 9:C(6))
(a)
Permit required.
No person shall perform any grave digging
services in cemeteries owned and operated by the city without first
having obtained a permit in accordance with the terms and provisions
of this section.
(b)
Application for permit; fee; insurance.
Any application
for a grave digger’s permit shall be made to the office of the
city secretary. Such application shall include the following:
(1)
Name of person making application, name of business, name of owner
of business and address of business;
(2)
A nonrefundable annual application fee as set forth in appendix A to this code, to cover the costs of processing the application and the administration and enforcement of the provisions of this article;
(3)
An insurance certificate indicating minimum coverage for the applicant
of worker’s compensation coverage of $100,000.00; comprehensive
general liability coverage of $300,000.00 personal injury per occurrence
and $25,000.00 property damage per occurrence; and automobile liability
coverage of $100,000.00 personal injury per person, $300,000.00 personal
injury per occurrence, and $25,000.00 property damage per occurrence.
The comprehensive general liability insurance shall name the city
as an additional insured. Worker’s compensation coverage will
be waived upon the execution of an indemnity or hold-harmless agreement;
(4)
A list and description of the equipment which the applicant will
be using for grave digging. The application shall include an affirmative
statement that such equipment is capable of operating between graves
which have seven-foot walkways;
(5)
A statement by the applicant that he is an independent contractor
and will hold harmless the city and its officers and employees from
any liability for any claim arising out of the applicant’s performance
of grave digging services in city cemeteries; and
(6)
The application shall include a sworn statement by the applicant
that all information provided in the application is true and correct.
(c)
Review of permit application.
The city secretary shall
inspect the equipment to be used by the applicant to determine if
it meets the requirements set forth herein and shall review the application
to determine if all requirements have been met. If he disapproves
such applications, he shall indicate the reason thereof and the applicant
shall be given the opportunity to correct such deficiency.
(d)
Issuance of permit.
The city secretary shall issue a
one-year permit provided the applicant has paid the application fee
and has on file with the city the insurance certificates required
by this section.
(e)
Cancellation of permit.
Upon receipt of complaints from
the general public or the city secretary regarding the provisions
of grave digging services by the permit holder, the city council may
hold a hearing to consider the cancellation of the permit. The permit
holder shall be given at least ten (10) days’ advance notice
by registered mail of such hearing. The permit holder shall be given
the opportunity to appear and contest the cancellation of his permit
at such hearing. Any cancellation of a permit shall be provided in
writing to the permit holder and shall state the reasons for such
cancellation. The reasons may include failure to comply with applicable
ordinances, unpaid damages to public or private property or the collection
of fees not authorized by the city.
(f)
Regulations.
(1)
Grave diggers will be under the immediate supervision of the funeral
home which has contracted for their services. The funeral director
in charge of the service is hereby granted the authority to direct
and require grave diggers to remove any or all of their equipment
from the grave site, at an appropriate time, to a location within
the cemetery that, in his opinion, will not distract from the dignity
of the service. Equipment so ordered removed from the grave site will
not be allowed to return for grave closing unless and until directed
by the funeral director.
(2)
Upon closing of the grave, grave diggers will be required to remove
all excess dirt from the grave site to the closest road within the
cemetery, where it will be placed in a pile between the road and grave
sites. The excess dirt so placed will be removed from the cemetery
by the city.
(1986 Code, ch. 1, sec. 9:D; Ordinance
adopting Code)
(a)
Permit required.
Hereafter, no person, firm, corporation
or other legal entity or contractor may excavate for curbing or cause
curbing to be placed in the Oak Hill Cemetery of the city without
first obtaining a prior written permit to do so signed by the code
enforcement officer or city secretary.
(b)
Placement of corner stakes.
After the permit has been
ordained, the city will cause the four (4) corners of the area to
be curbed to be marked by wooden stakes, said stakes to be placed
on property lines and all curbing work to be confined inside the lines
marked by said stakes. No excavation or work is to commence until
these stakes are in place.
(c)
Inspection prior to pouring concrete.
Forms may be set
after the city has placed corner stakes, but no concrete will be poured
into forms until after there is requested and received an inspection
from the code enforcement officer or the city secretary and the permit
is signed by either, attesting to the inspection.
(d)
Removal of excess material.
All excess material excavated
for the curbing and curbing forms or other material used in connection
with the placement of the curbing must be removed from the job site
and from the premises of the cemetery. Removal must be completed and
the job site cleaned to the approval of the code enforcement officer
or the city secretary within three (3) working days after completion
of the project.
(1986 Code, ch. 1, sec. 9:E)
