City of Smithville, TX CEMETERIES

Compliance with applicable laws.

All interments, disinterments, and removals are made subject to the orders and laws of the properly constituted authorities of the city, county and state, and the provisions of this article.

Time and manner; charges.

All disinterments and removals must be made at the time and in the manner and upon such charges as fixed by the cemetery.

Notice.

The right is reserved by the cemetery to insist upon at least one week’s notice prior to any disinterment or removal.

Orders given by telephone; imprecise instructions.

The cemetery shall not be held responsible for any order given by telephone or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a plot where interment is desired.

Errors may be corrected.

The cemetery reserves and shall have the right to correct any errors that may be made by it in making either interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the cemetery, or, in the sole discretion of the cemetery, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the cemetery reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. There shall be no liability against the cemetery for any remedy other than the correction of the errors.

(f)

Delay in interment caused by protests.

The cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made. The cemetery shall be under no duty to recognize any protest of interment unless it be in writing and filed in the office of the city secretary.

(g)

City not responsible for interment permit or identity of person interred.

The cemetery shall not be liable for the interment permit nor for the identity of the person sought to be interred.

(h)

Payment for property; special consent for interment prior to payment.

No interment shall be permitted or memorial placed in or on any property not fully paid for except by special consent of the cemetery committee in writing in each and every case, and, in the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary, and a note shall not be considered as payment, and no rights shall be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash, including principal and interest, and in case the purchaser of said property shall fail to meet all payments within thirty (30) days after the same are demanded by the cemetery, said demand to be given by mailing notice to the purchaser at his address as it appears on the records of the cemetery, then the cemetery may re-enter said property, take possession thereof, and terminate the rights of the purchaser therein. The cemetery thereupon shall be released from all obligations thereunder, and it may retain such payments as may have been made toward the purchase of such property as liquidated damages. The cemetery reserves the right, and shall have the right immediately or at any time thereafter, without notice, at its discretion, to remove to single graves, to be chosen by the cemetery, each of the remains then interred in said property. The cemetery further shall have the right to remove any memorial that may have been placed on said property.

(i)

Sale of burial rights.

Lot owners will not be permitted to allow interments to be made in their lots for remuneration.

(j)

Number of interred per cemetery space.

Not more than two (2) bodies, or the cremains of more than four (4), shall be interred in one (1) grave space.

(k)

Animal remains.

No pet/animal remains shall be buried in city cemeteries.

(1987 Code, ch. 1, sec. 10I; 2001 Code, sec. 1.209; Ordinance 9909-352 adopted 9/13/99; Ordinance 2604-435 adopted 3/13/06; Ordinance 2020-582 adopted 3/9/20)

§ 1.10.010 Disinterments and removals.

Prohibited acts.

Removal, by the heirs or successors in interest, of a body or cremated remains so that the plot may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the original plot owner, is repugnant to the ordinary sense of decency and is absolutely forbidden.

Transfer of remains to other plot.

A body, or cremated remains, may be removed from its original plot to a larger or better plot in the cemetery, when there has been an exchange or purchase for that purpose.

(1987 Code, ch. 1, sec. 10J; 2001 Code, sec. 1.210)

§ 1.10.011 Transfer or assignment of lots; sale of lots.

Consent of cemetery required.

No transfer or assignment of any plot, or interest therein, shall be valid without the consent in writing of the cemetery first endorsed upon such transfer or assignment, and thereafter recorded on the books of the cemetery.

Indebtedness.

No transfer or assignment shall be made so long as there is any indebtedness due the cemetery from the record plot owner.

Transfer charges.

All transfers of ownership in plots shall be subject to a charge to be fixed by the cemetery, which charge must be paid to the cemetery when the transfer is recorded on the books of the cemetery.

Half-lots.

The dividing line between half-lots will run north and south.

Sale to persons outside city limits.

The price of lots sold to persons living outside the city limits and not on the ad valorem tax roll will be as set from time to time by the city council.

(1987 Code, ch. 1, sec. 10K; 2001 Code, sec. 1.211; Ordinance 9909-352 adopted 9/13/99)

§ 1.10.012 Control of work by cemetery.

All grading, landscape work and improvements of any kind, and all care on plots, shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed, if they become unsightly to the eye, by the cemetery.

(1987 Code, ch. 1, sec. 10L; 2001 Code, sec. 1.212)

§ 1.10.013 Decoration of plots.

Certain ornaments prohibited.

The placing of boxes, cans, shells, toys, metal designs, ornaments, signs, cards, ads, chairs, settees, vases, glass, wood or iron cases, concrete urns, concrete benches, pictures, artificial flowers, solar lighting, and similar articles, or any article other than the approved family memorial, upon plots shall not be permitted, and if so placed, the cemetery reserves the right to remove same without notice to the plot owner.

Floral regulations.

(1)

No flower receptacles may be placed on any plot, unless of metal or stone of approved size and design and, in the case of burial plots, set wholly beneath the level of the lawn. The cemetery shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind from the cemetery as soon as in the judgment of the caretaker they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the standards maintained. The cemetery shall not be liable for floral pieces, baskets, or frames in which or to which such floral pieces are attached, beyond the acceptance of such floral pieces for funeral services held in the cemetery. The cemetery shall not be liable for lost, misplaced or broken vases.

(2)

The cemetery shall not be responsible for plants, herbage of any kind, or plantings damaged by the elements, thieves, vandals, or by other causes beyond its control. The cemetery reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, or plats or herbage of any kind.

Walks or curbs on lots.

No gravel, brick, stone, cement or other kind of artificial walks or curbs will be permitted on any lot.

Grave mound.

The cemetery authorities shall have full right to fill or level graves and plant grass thereon, as no mound whatever shall be permitted. All graves shall be filled, tamped and finished to the same level as the surrounding ground. This regulation must be enforced in order to preserve the beautiful park-like appearance of the lawns and grounds as a whole and to assure the maintenance of the property.

Planting of flowers, shrubs or trees.

No planting of any kind will be permitted either around or on top of graves, around grave markers, or in such manner as to constitute a lot enclosure. All flowers, shrubs or trees that die or become diseased shall be removed without notice to the lot owner. All shrubbery shall be planted at least two (2) feet from the nearest line of the lot upon which located and only two (2) ornamental shrubs allowed to the lot and they must be placed at either and/or side of the monument and in line with same. No cedar trees or ornamental cedars will be permitted.

(f)

Nonconforming preexisting use (grandfathered).

Any existing violations, as described in this article 1.10 cemeteries and burial of the dead, may remain, however if an article is removed it will be nonconforming and therefore nonreplaceable.

(1987 Code, ch. 1, sec. 10M; 2001 Code, sec. 1.213; Ordinance 2020-582 adopted 3/9/20; Ordinance 2020-597 adopted 10/19/20)

§ 1.10.014 Rights of city regarding platting, maintenance of facilities, etc.

The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery or of a section or sections, from time to time, including the right to modify or change the locations of or remove or regrade roads, drives or walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain and operate, or alter or change pipelines and gutters for sprinkling systems, drainage, etc., is also expressly reserved, as well as is the right to use cemetery property not sold to individual plot owners, for cemetery purposes.

(1987 Code, ch. 1, sec. 10N; 2001 Code, sec. 1.214)

§ 1.10.015 Conduct of persons within cemetery.

Gathering flowers or breaking vegetation.

All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery or plants.

Refreshments; alcoholic beverages.

No person shall be permitted to have refreshments within the cemetery, and the bringing of intoxicating liquors into the grounds is strictly forbidden.

Loud talking or unseemly conduct.

No loud talking or other boisterous or unseemly conduct shall be permitted on the cemetery grounds.

Depositing rubbish.

The throwing of rubbish on the drives and paths or on any part of the grounds, or in the buildings, is prohibited. Receptacles for waste materials are located at convenient places.

Automobiles and trucks.

Automobiles shall not be driven through the grounds at a greater speed than fifteen (15) miles per hour, and must always be kept on the right-hand side of the cemetery roadway. Automobiles are not allowed to park or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral. Funeral directors will be held responsible for the actions of all vehicle drivers or others employed by them while within the grounds of the cemetery. Heavy trucks or vehicles with heavy loads shall not enter the grounds without first procuring permission.

(f)

Firearms.

No firearms shall be permitted within the cemetery except on special permit or when used as a part of a ceremony such as a military funeral.

(1987 Code, ch. 1, sec. 10O; 2001 Code, sec. 1.215)

§ 1.10.016 Protection of property.

The cemetery shall take reasonable precaution to protect plot owners, and the property rights of plot owners, within the cemetery, from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral.

(1987 Code, ch. 1, sec. 10P; 2001 Code, sec. 1.216)

§ 1.10.017 Change in address of plot owner.

It shall be the duty of the plot owner to notify the cemetery of any change in his post office address. Notice sent to a plot owner at the last address on file in the office of the cemetery shall be considered sufficient and proper legal notification for all purposes whether or not such purposes be specified in these rules.

(1987 Code, ch. 1, sec. 10Q; 2001 Code, sec. 1.217)

§ 1.10.018 Memorial work and monuments.

Size of monuments.

The minimum size for monuments other than monoliths shall be: base three feet (3') and eight inches (8") long by one foot two inches (1'2") wide by six inches (6") thick; die, three feet (3') long by six inches (6") in lateral thickness. Minimum wash on two (2) piece monuments shall be four inches (4") at each end and three inches (3") front and back. All monoliths must be approved by the cemetery committee before their erection. The cemetery reserves the right to require dowel pins in all monuments which in the judgment of the committee should have same.

Monument foundations.

Monumental work and grave markers of every description shall have suitable foundations. Foundations will be of concrete, in area at least as large as the bottom base or first masonry course above ground, of the structure to be erected, and in depth at least four and one-half inches (4-1/2"), but the cemetery reserves the right to require a larger or deeper foundation when the structure requires it.

Removal of monuments, markers, etc.

The cemetery reserves the right to prohibit the erection of and to require the removal of any vault, monument, or marker or other monumental work that may be considered by the cemetery committee as inappropriate either in material, design, workmanship, size or location, or which might interfere with the general view or effect. If any monument, vault, effigy, or any structure whatsoever or any inscription be placed in or upon any lot which shall be determined by the cemetery committee to be offensive, improper or injurious to the appearance to the surrounding lots or grounds, it shall have the right to enter upon said lot and remove said offensive or improper object or inscription, and the cemetery shall not be liable to any person for such removal.

Grave markers.

Grave markers (sometimes referred to as headstones) will be permitted on single or double grave spaces. These markers may not extend beyond the width of the grave spaces involved. The marker must be on good standard granite or approved metal such as bronze or aluminum. Raised letters will not be permitted on granite markers.

Erection of monuments, markers, etc.

All work of erecting must be done as rapidly as possible and material not used must be removed as the work is completed. Workmen must not scatter material over adjoining lots or leave same on the grounds any longer than is absolutely necessary. Ropes or lines must not be attached to trees, shrubs, or other objects in the cemetery without permission of the cemetery. No post or anchors shall be sunk in the ground without like permission and then only in spots specifically designated. To protect the lawns from injury, planks must be laid when heavy material is to be moved across such lawns. Material in large quantities will not be permitted to be brought into the grounds in advance of its immediate use, nor in any unprepared condition. Blocks of granite or marble must be dressed to the design and dimensions ready for setting up, lime must be slaked and mortar prepared and brought to the grounds in moderate supply, and all chips, pruning and rubbish must be gathered up and carried to places of deposit designated by the cemetery. The bottom base or first course of masonry above the foundation must be bedded off to an equal thickness, as no building up or underpinning with chips, spawls, cement or other material will be allowed. All monument bases must be set in a bed of cement evenly covering the foundation. Plaster of paris or lime must not be used in cement. All anchors, clamps, or dowels must be of standard bronze or aluminum.

(1987 Code, ch. 1, sec. 10R; 2001 Code, sec. 1.218; Ordinance 2019-580 adopted 12/9/19)

§ 1.10.019 Private mausoleums, vaults and tombs.

The erection of a mausoleum or a vault or tomb above the ground will be permitted only upon compliance with the following requirements, which are considered essential to the best interest of the lot owners and the cemetery. The lot on which such a structure may be erected shall be a lot set apart and specifically designated by the cemetery as a “mausoleum site” and the structure to be erected thereon shall not cover more than fifteen (15) percent of the total area of the lot. The cemetery reserves the right to prohibit the erection of a mausoleum or other like structure upon any lot for which the full purchase price has not been paid, or against the owner of which any other charge is due and unpaid, and may require payment in advance of any charges properly payable to the cemetery by reason of the erection of such structure.