The provisions hereof are designed for the protection of owners
of interment rights as a group. The same are intended, not as restraining,
but rather as preventing the inconsiderate from taking unfair advantage
of others. Their enforcement will aid in protecting the cemeteries
of the city and create and preserve the beauty thereof. All workers
of interment rights, visitors, and conductors performing work within
such cemeteries shall be subject to each and all the provisions set
forth and contained herein, or any amendment or alteration thereof.
(Ordinance 20-060 adopted 9/8/20)
As used herein, the following words shall have the definitions
as follows:
Those cemeteries owned and operated by the city, whether
presently or in the future, and includes Forest Park Cemetery and
East Mount Cemetery.
Cremation and inurnment, entombment, or burial of the remains
of a deceased person.
A permit from an authority for the right to be interred into
a space.
Any marker, monument, or structure upon or in any lot or
niche, placed thereupon or therein or partially therein, for the purpose
of identification or in memory of the interred.
Any person residing outside of the city limits of the City
of Greenville.
The owner of rights of interment in any such cemetery.
Any person residing within the city limits of the City of
Greenville.
The area normally designated for a single Interment.
(Ordinance 20-060 adopted 9/8/20)
(a)
The parks and recreation department shall be in charge of the cemeteries
of the city, and it shall be the responsibility of said department,
or any employee as may be designated by said department, to administer
and enforce the provisions of this division.
(b)
Said parks and recreation department, or any employee as may be designated
by such department, is hereby empowered to enforce any and all of
the provisions of this division, and in the event of the failure of
any such person to comply therewith, such department or any such employee
or the chief of the police department or any other employee within
such department is hereby authorized and empowered to give notice
to any such person coming into any such cemetery to depart therefrom,
within the meaning of the criminal trespass provisions of the Penal
Code of the state.
(c)
Said city distinctly disclaims all responsibility for loss or damage
caused by the elements, an act of God, common enemy, thieves, vandals,
strikers, malicious mischief makers, explosions, unavoidable accidents,
invasion, insurrection, riots, or an order of any military or civil
authority, whether the damage be direct or collateral, other than
as may be herein provided.
(d)
The rules and regulations herein contained are designated for the
protection of the rights of all cemetery space owners. The rules adopted
have been determined to be reasonably necessary and incidental to
achieve the aforestated objectives.
(Ordinance 20-060 adopted 9/8/20)
(a)
Visitors or workers shall use only the avenues, walkways, and roads,
unless it becomes a necessity to walk across other spaces or graves
to gain access to a space or grave.
(b)
No person shall operate or cause to operate any vehicle within the
cemetery except on roads designated for the purpose, and no vehicle
shall be driven at a speed in excess of five (5) miles per hour upon
any road within the cemetery.
(c)
Visitors shall use driveway only and shall not drive across other
lots or graves to gain access to a grave or lot.
(Ordinance 20-060 adopted 9/8/20)
(a)
Except for service dogs, pets are prohibited from the cemetery grounds.
(b)
The use of intoxicating beverages within the cemeteries is strictly
forbidden.
(c)
No person will be permitted to use profane or boisterous language
or in any way disturb the quiet and good order of the cemetery.
(d)
No boxes, toys, shells, discarded glassware, sprinkling cans, water
hoses, or similar articles will be permitted to remain on any grave,
walkway or street.
(e)
The city or approved contractor has the authority to enter upon any
space and to remove any objectionable item that may have been placed
there contrary to the regulations, and they may remove any dead or
damaged flowers, trees, shrubs or vines.
(f)
All persons are strictly forbidden to break or injure any tree or
shrub, or mark any landmark, marker, or memorial or in any way deface
the grounds of the cemetery.
(g)
No person or persons (except peace officers or a military honor guard)
shall be permitted to bring or carry firearms within the cemetery.
(h)
No signs other than those installed by the city personnel will be
permitted on the cemetery grounds.
(i)
The city is not responsible for vandalism or theft of any memorial
or other personal property.
(j)
The construction, installation or placing of any wooden, concrete,
or cast-iron bench, chair, or table, or any wooden or wire trellis,
shall not be permitted on the cemetery grounds.
(k)
The construction of additional mounds over graves shall not be permitted.
(l)
If any trees or shrubs situated on any space shall become detrimental,
unsightly, or impede access to adjacent spaces, walks, or roads, they
may be pruned or removed in whole or in part as determined necessary
by the city.
(m)
Personnel employed or contracted by the city are not permitted to
solicit or accept money or other compensation from any person or persons
for maintenance performed within the cemetery. All inquiries or complaints
shall be made at the parks and recreation office.
(Ordinance 20-060 adopted 9/8/20)
(a)
The parks and recreation department shall be in charge of the cemeteries
of the city, and it shall be the responsibility of such department,
or any employee as may be designated by such department, to administer
and enforce the provisions of this division.
(b)
Said department, or any employee as may be designated as such, is
hereby empowered to enforce any and all of the provisions of this
division, and in the event of the failure of any such person to comply
therewith, such department or any such employee or the chief of the
police department of any such person coming into any such cemetery
to depart therefrom, within the meaning of the criminal trespass provisions
of the Penal Code of the state.
(c)
All administrative matters pertaining to the daily operation of the
cemetery shall be under the direction of the parks and recreation
department.
(Ordinance 20-060 adopted 9/8/20)
Records giving full date on all interments shall be kept in
the city files and shall be open to authorized persons.
(1)
The date is to include the section, block, and grave/lot location,
and the name and date of interment.
(2)
The date is to be input onto a map, as well as software.
(Ordinance 20-060 adopted 9/8/20)
No person shall preform any monument, grave digging, or related
services in municipal cemeteries without first having obtained an
approved permit in accordance with the terms and provisions of this
chapter.
(1)
Application fee.
Any application for a gravediggers’
permit shall be made to the office of the parks and recreation department.
Such application shall include the following:
(A)
Name of person making application, name of business, name of owner
of business, and address of business.
(B)
A nonrefundable application fee shall be as provided for in section A16.02.071 of the fee schedule in appendix A to this code shall cover the costs of processing the application and the administration and enforcement of the provisions of this chapter.
(C)
An insurance certificate indicating minimum coverage for the applicant
of workers’ compensation coverage of $100,000.00; comprehensive
general liability coverage of $500,000.00 personal injury per occurrence
and $100,000.00 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.
(D)
A list and description of the equipment which the applicant will
be using for grave digging shall be provided. The application shall
include an affirmative statement that such equipment can operate between
graves which have six-foot walkways.
(E)
A statement by the applicant that he or she is an independent contractor
and will hold harmless the city, its officers and employees, from
any liability for any claim arising out of the applicant’s performance
of grave digging services in city cemeteries.
(F)
The application shall include a sworn statement by the applicant
that all information provided in the application is true and correct.
(G)
All monument permit requests must include appropriate drawings and
dimensions for each requested monument, headstone, or marker.
(H)
Any monument, headstone, or marker set in violation of the requirements
of this chapter shall be subject to removal by the city. The responsible
party may be charged any reasonable shortage, clean up and restoration,
or other costs incurred by the city because of such removal.
(2)
Review of application.
Such application when received
will be reviewed for approval.
(A)
The city staff 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.
(B)
The city shall indicate its approval or disapproval upon such application
and return same to the city. If they disapprove such application,
he or she shall indicate the reason thereof and applicant shall be
given the opportunity to correct such deficiency.
(3)
Issuance.
City staff after careful consideration for
approval of permit, shall issue a permit provided the applicant has
paid the application fee and has on file with the city the insurance
certificates required by this chapter.
(4)
Cancellation.
Upon receipt of complaints from the public
regarding the provisions of grave digging services by the permit holder,
the parks and recreation department may hold a hearing to consider
the cancellation of the permit.
(A)
The permit holder shall be given at least ten days advance notice
by registered or certified mail of such hearing. The permit holder
shall be given the opportunity to appear and contest the cancellation
of his or her permit at such hearing.
(B)
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.
(Ordinance 20-060 adopted 9/8/20)
Before any grave shall be opened in any cemetery, the location
must be identified and marked (flagged) by city staff with a request
for work permit.
(1)
Plot location form must be submitted to city staff during business
hours and no less than twenty-four (24) hours prior to the service.
(2)
Must have signed approval by the family of the deceased or the duly
authorized representative.
(3)
Shall provide appropriate documentation including but not limited
to a deed, a receipt of purchase and a request for services form including
the name of the deceased, such person’s date of birth and date
of death, last residence, next to kin and cause of death.
(4)
The name and address of such person’s nearest relative.
(5)
The name of the funeral establishment in charge of the service.
(6)
The lot size, lot number and block number of the grave, duly entered
on a cemetery record card provided for such purpose.
(Ordinance 20-060 adopted 9/8/20)
(a)
Limitation of the number of burials per space.
Persons
may purchase a license for a single standard space in a municipal
cemetery for the purpose of burial. One casket, for the burial of
the remains or two cremations. No stacking of caskets shall be allowed.
A combination of one (1) casket and one (1) cremation remains shall
be allowed in a single standard space. A child may be interred with
a relative where the body of such child does not occupy a space in
the grave more than three feet (3') in length.
(b)
Disinterment.
It shall be unlawful to disinter a body
buried in any municipal cemetery except pursuant to law and then only
upon application to the parks and recreation department, and under
the supervision of the city staff. It is unlawful for anyone to receive
any dead body, knowing it to have been illegally disinterred.
(c)
Prices; service fee schedule.
The price of a license for each space in a municipal cemetery for burial shall be as provided for in section A16.02.073 of the fee schedule in appendix A to this code.
(d)
Conveyance by deed.
All licenses for spaces in any municipal
cemetery shall be conveyed to the purchaser by deed for the purpose
of burial and memorialization only. No fee simple interests or any
other rights, title of interests, including any oil, gas, mineral,
or water interests are conveyed to the licensee. The rights of the
licensee therein are subject to such rules and ordinances as may be
enacted or amended, from time to time, by the city council.
(e)
Purchase and use of spaces.
Anyone wishing to purchase
a license for a space in a municipal cemetery shall make known the
space or spaces selected to the parks and recreation department, who
will give him or her receipt, after the payment of the purchase money
showing the space or spaces purchased, price paid, and the name of
licensee (or name of the person the space will be deeded to if the
space is being purchased for someone else).
(1)
Upon presentation of the receipt to the parks and recreation department,
he or she shall execute to licensee, on behalf of the city, a deed
for the space signed by the mayor.
(2)
The deed may contain such reasonable restriction, reservations from,
and exceptions to title consistent with this chapter.
(3)
A true and correct copy of each deed is to be kept by the parks and
recreation department in a record provided for that purpose. The proceeds
of spaces sold are to be received, kept, and accounted for.
(f)
Unlawful burial.
It shall be unlawful to bury any dead
body or remains from any cremation of dead body in the municipal cemeteries
without a record of the right to be buried.
(g)
Permissible burial.
During his or her life lifetime,
the record licensee has the exclusive control over each space or spaces
with respect to the use of the space for burial (this provision in
no way limits the city’s authority. After the death of the record
licensee, any relative by consanguinity or affinity has a right to
be on an available space, on a first come first serve basis. No documentation
of this right is required for any relative within the fourth degree
of consanguinity or affinity.
(h)
Exclusive control after death.
Any heir of assignee
of the record licensee who desires to exercise exclusive control over
a space, with respect to the use of the space, must obtain a new deed
in his or her name, as provided in this chapter.
(i)
Resale, transfer, or conveyance.
The sale, transfer,
or assignment of any space or spaces in any cemetery owned by the
city shall not be binding until the city issues a deed in the name
of the new licensee. A deed will be issued if:
(1)
The record licensee makes a specific disposition of the space or
spaces in a probated will or other verified writing acceptable to
the city attorney; or
(2)
An affidavit of heirship for the previous record licensee is filed
with the city on a form acceptable to the city attorney along with
any other documentation required by the city attorney to establish
a valid claim to the space.
(j)
Record of ownership.
The parks and recreation department
shall maintain adequate records showing the names of the licensee
of the spaces in all municipal cemeteries sold in such manner as to
indicate by space number on the plat the corresponding space number
contained in the deed of purchase.
(Ordinance 20-060 adopted 9/8/20)
The city shall set aside space in the municipal cemeteries for
the burial of paupers and strangers.
(Ordinance 20-060 adopted 9/8/20)
(a)
All spaces in the cemetery owned by the city are conveyed to the
purchaser by the cemetery deed for cemetery lot sales for the purpose
of burial only. The rights of the purchaser therein are subject to
such rules and ordinances as may be enacted or amended, from time
to time, by the city council.
(b)
No lot in any cemetery shall be used for any other purpose than for
the interment of the human dead or for the erection of a memorial
in honor thereof.
(d)
The sale of transfer of any interment right in any cemetery by any
owner or purchaser shall not be binding upon the city until a written
notice of transfer is provided to the parks and recreation department.
The same rule shall be applicable to the assignment of any interment
right.
(e)
The subdivision of interment rights in any cemetery is prohibited
without the consent in writing of the city, and no person shall be
buried in any lot not having an interest therein, except by the written
consent of all parties interested in the cemetery plot involved and
the city. The parks and recreation department is empowered to evidence
the consent of the city when all the requirements hereof have been
met.
(Ordinance 20-060 adopted 9/8/20)
(a)
All work upon the lots within any cemetery shall be performed by
the city or approved contractors under the direction of the parks
and recreation department, except when prior written consent and approval
is otherwise granted to an individual by said department.
(b)
All grading, landscaping and improvements of any kind, and all care
of lots, shall be performed and all trees, shrubs and herbage of any
kind shall be planted, trimmed, cut or removed by such employees or
designated individual.
(c)
All boundary markers set by city must remain undisturbed.
(d)
The city shall have full rights to fill and level graves. The city
shall wait a period of six (6) months to level graves to allow the
soil to adequately settle.
(Ordinance 20-060 adopted 9/8/20)
(a)
The city is not responsible for any funeral design, floral pieces,
or other article or thing placed on any lot or grave in the cemetery.
(1)
The city prohibits enclosures of any kind, glass and ceramic jars/vases,
glass and ceramic decorations, awnings or other articles that may
be considered objectionable by city officials, and the city staff
has the right to remove such items.
(2)
Benches, chairs, and settees are prohibited.
(3)
No statues, religious or otherwise, shall be allowed except those
which are part of and secured to an approved headstone.
(4)
Lights of any kind, other than those installed and maintained by
the city, are not permitted, and may be removed by the city staff
or its contractors.
(b)
Receptacles for flowers, which must be metal, plastic, or stone,
or part of the monument itself and must be of such character as not
to interfere with mowing, weed eating or appear unsightly when not
filled with flowers.
(1)
All receptacles for flowers must be placed on or immediately next
to the monument, or if there is no monument, at the head of the grave.
(2)
One (1) container per space is permitted unless it interferes with
mowing and maintenance of the grounds.
(3)
Following a funeral, persons desiring to retain flowers, plants,
containers, wire racks or other similar objects, shall pick them up
within seventy-two (72) hours after the burial service.
(c)
Lot owners will be permitted to plant trees or shrubs in multiple
lot sections containing four (4) spaces or more, provided the section
is under one (1) ownership.
(1)
Such trees or shrubs shall be specimens chosen from the approved
list of plants suitable for the climate, terrain and soil conditions
of this area compiled by city staff.
(2)
City staff shall approve the location of trees and shrubs, they shall
be planted so that roots and branches do not become unsightly or become
a hindrance to the appearance of, or access to, adjacent lots and
avenues.
(3)
City staff or approved contractors shall have the right to enter
such multiple lot section to remove or trim trees or shrubs or part
thereof which have been determined to be unsightly or a hindrance.
(4)
If any tree or shrub situated on a cemetery lot, by means of their
roots of branches becomes detrimental to the adjacent lots of avenues,
or becomes unsightly or inconvenient for visitors, it is the duty
of the city officials to remove the hazard. City staff or contractors
have the right to remove any tree or shrub that may be infected by
disease. No tree may be cut or trimmed by an individual without the
approval of a city official.
(d)
The city shall have full right to fill and level graves and plant
thereon.
(e)
Temporary flags shall be permitted if they are less than 12 inches
in height, are placed on or adjacent to an approved headstone or monument
and must be removed within ten calendar days of being placed.
(Ordinance 20-060 adopted 9/8/20)
(a)
The city prohibits the installation of curbing, slab, tombs, walks,
fencing, hedging or enclosures of any kind. Grave sites that have
such items prior to the ordinance from which this chapter derived,
will be allowed; however, the responsibility of maintenance, and upkeep
falls on the owner, appointed caretaker, or family member of said
lot. The city may remove damaged, deteriorated, unsightly, covered
or partially covered curbing, slabs, walk, fencing or curbs, if it
so desires. City staff has the right to remove such items installed
as of the date of the ordinance from which this chapter derived.
(b)
As of the date of the ordinance from which this chapter derived,
the use of tiles, bricks, gravel, crushed rock, oyster shells or other
material on any lot in the cemetery is strictly forbidden for safety
purposes.
(Ordinance 20-060 adopted 9/8/20)
(a)
Memorial installations.
All memorial installation requires a permit and cost of permit shall be as provided for in section A16.02.079 of the fee schedule in appendix A to this code submitted by owner and shall be installed upon and maintained at the expense of the owner.
(1)
Only head memorials will be permitted. Foot memorials will not be
permitted.
(2)
Only one memorial will be permitted on one grave space. A companion
or family memorial may be placed upon two or more grave spaces.
(3)
Memorials will be placed in alignment with adjacent memorials and
centered at the head of the grave space.
(4)
All memorials constructed or erected in any cemetery shall be of
first quality granite, limestone, marble, or bronze. Such materials
shall be free from sap which causes rust, stains and natural fault
which might cause checks or cracks. No granite so used may be inferior
in any way.
(5)
All monument dealers or builders placing any memorial, marker in
any cemetery shall apply for a permit and receive approval prior to
beginning work and be under the direct supervision of said parks and
recreation department.
(6)
The size of any monument erected in any cemetery shall be governed
by the size of the family plot. All monuments must be of such a size
that, when erected on a lot, either end of the same shall not be placed
less than one foot (1') from property lines or within two feet (2')
of any existing monument; provided, however, that these requirements
shall have application only to monuments which protrude above the
surface of the ground; and a monument which is flush with the turf
may extend to a property line.
(7)
Should any monument, mausoleum or tomb in any cemetery become unsightly,
dilapidated or a menace to visitors, the city shall have the right,
at the expense of the owner of the lot or lots involved, either to
correct such condition or remove and dispose of the same. Such condition
shall be as reasonably determined by the parks and recreation department.
(8)
Any ornament or cases incorporated into any monument design must
be permanently affixed to the monument or marker and not extended
beyond the edge of the monument marker.
(9)
Temporary grave markers are permitted until a permanent monument
is installed in accordance with this ordinance.
(b)
Flush mounted memorials.
(1)
Required for new cemeteries or any expansion on existing cemeteries.
(2)
The marking of each space or grave in areas designated for flush
type memorials is restricted and limited to memorials set flush with
the turf, and of such dimensions, materials, design, finish, and construction
as indicated in this section.
(3)
Flush type memorials shall be made of granite marble or cast bronze
installed on a granite, marble, or concrete base. Granite and marble
memorials and bases shall have smooth sides and bottoms and minimum
thickness of four inches (4"), concrete bases shall have a minimum
thickness of 8 inches (8") and shall be smooth on all sides.
(4)
A flush memorial shall be set on a minimum of two inches (2") of
sand for cushioning and leveling.
(5)
The length of flush type memorials shall be at least ten inches (10")
less than the grave space width.
(c)
(d)
Memorial foundations.
(1)
The size of concrete foundations for all above ground memorials shall
be three inches (3") larger in length on each side and width than
the size of the base which is to be flush with the turf.
(2)
The top concrete foundation shall be 1" to 2" below the top of the
ground to allow for adding cement grout to level the memorial base.
(3)
Concrete foundation shall be minimum of 8" thick and have perpendicular
sides and flat bottom.
(4)
Excavation for foundations for above ground memorials shall be a
minimum of 10" deep from the top of the ground. If the memorial base
is two feet or more in length, there shall be one 6" diameter round
hole dug 18" deep (or to rock) below the bottom of the excavation
at each end of the excavation.
(5)
Concrete for all memorial foundations shall be 1-part cement, 2-parts
sand and 4-parts gravel.
(6)
The city may straighten, reset, or mend monuments, foot markers,
jardinieres or other items as required, but it is primary responsibility
of the property owner or their next of kin to maintain said items.
(7)
The city may clean, to the best of its ability, headstones, or monuments,
as required. The city will make an effort to contact the next of kin
to inform them of the city’s proposed improvements prior to
commencing any restoration work.
(Ordinance 20-060 adopted 9/8/20)
(a)
Any person, organization or commercial establishment not complying
with the terms and provisions of this chapter shall be guilty of a
misdemeanor. Every day in which the violation exists shall constitute
a separate violation and separate offense and may result in a fine
not less than ten dollars ($10.00) or more than two hundred dollars
($200.00).
(b)
When city staff determines that there has been an infraction of the
rules as stated in this chapter, the procedures listed below shall
be followed:
(1)
Record and document infractions of the ordinance.
(2)
Notify space owner by mail of the infraction along with options available
for correction by regular mail.
(3)
Allow fourteen (14) days from the date the notice was mailed to the
space owner to comply, or appeal to the parks and recreation department.
(4)
Corrective action will be taken by the city of times that constitute
the infractions at owner’s expense, and/or issue fine.
(Ordinance 20-060 adopted 9/8/20)
(a)
The city reserves the right to correct any potential errors made
by staff that are associated with interments or conveyance of property.
In the event such error(s) shall involve interment, the city reserves
the right to remove and re-inter the remains to such other property
of equal value and similar location as may be substituted and conveyed
in lieu thereof. Should an error develop in the conveyance of property,
the city may correct such error by conveying property of equal value
in a similar location insofar as possible.
(b)
The right to revise and/or add to cemeteries (a section of sections)
from time to time, including the right to modify or change the location
of or any part thereof or remove or regrade roads, drives and walks
is expressly reserved. The right to lay, maintain and operate, or
alter or change pipe lines or gutters for water sprinkling systems
and drainage, is also expressly reserved, as is the right to use cemetery
property, not sold to individual owners, for cemetery purposes, including
the interring and preparation for interment, or for anything necessary,
incidental or convenient thereto. The cemetery reserves to itself
and to those lawfully entitled thereto, a perpetual right of ingress
and egress over spaces for the purpose of passage to and from other
spaces.
(c)
No easement is granted to any owner in any road, drive or walk within
the cemeteries, but such road, drive or walk may be used as a means
of access to the cemeteries and its buildings as long as the city
devotes such road, drive or walk to that purpose.
(d)
The city disclaims responsibility to owners, their personal representatives,
or successors in interest for the loss or damage to cemetery spaces
or memorials by any cause, natural or otherwise, direct or indirect,
beyond reasonable control of the city.
(e)
The statement of any employee of the cemeteries shall not be binding
upon the city except as such statement agrees with the document conveying
the right of interment and these rules and regulations.
(f)
The city reserves the right at any time and from time to time to
change, amend, alter, repeal, rescind, or add to these rules and regulations
or any part thereof to adopt any new rule or regulation or any temporary
exception with respect to said cemetery or anything pertaining thereto.
(g)
In all matters not specifically covered by these rules and regulations,
the city reserves the right to do anything which in its judgment as
deemed reasonable pertaining to the cemeteries and such determination
shall be binding upon the space owner and all parties concerned.
(Ordinance 20-060 adopted 9/8/20)
