(a)
These
regulations are for the protection of owners of interment rights at
any of the city-owned cemeteries: Kilgore City Cemetery, Danville
Cemetery and Kilgore Memorial Gardens. All three cemeteries are perpetual
care cemeteries and it is the intention of the city to create and
preserve the beauty of such. The purpose behind these proposed rule
changes is to clarify the rights and responsibilities of the public
and the city in order to maintain and improve our cemeteries. All
owners of interment rights, visitors, and contractors performing work
within the cemetery are subject to these regulations and any amendments
which may be later adopted by the city council.
(b)
Adopted
rules and regulations are enforced pursuant to the Texas Health and
Safety Code, chapters 713 and 711, as now in effect or hereafter amended.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
A perpetual care fund has been established in conformity with
the laws of the state. Perpetual care means to keep the sod and all
places where interments have been made in repair and to care for plantings
placed by the cemetery. It does not include the cleaning, polishing,
leveling, or maintenance of markers or responsibility for any article
placed on a grave by visitors of the cemetery.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
(a)
Anyone
shall be permitted to acquire interment rights in any lot or lots
in the cemeteries for the sole purpose of burying deceased persons,
provided space is available. Ownership of rights of interment in a
cemetery is not fee simple title. Fee simple title to all lots shall
remain with the city. Interment rights are the rights of burial of
a deceased person and does not give title to the land.
(b)
Any
owner shall have the right at any time to sell or transfer his/her
interest in any lot. Sales or transfers must be recorded with the
cemetery office at time of transfer to ensure that the cemetery administrator,
at all times, has a complete and accurate record of all owners.
(c)
The
rights to enlarge, reduce, replat, or change the boundaries or grading
of the cemetery is expressly reserved for the city.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
(a)
These
regulations are binding on all persons who enter the cemetery. The
city council reserves the right to adopt, repeal, and amend any regulation
without notice.
(b)
Special
cases may arise in which the literal enforcement of a regulation may
impose unnecessary hardship. The city reserves the right, without
notice, to make exceptions, suspensions, or modifications in any of
the regulations when advisable at the direction of the cemetery administrator
with the approval of the city manager or designee of the city manager.
Temporary exceptions, suspensions, or modifications in no way affect
the general application of the regulations.
(c)
The
city takes reasonable precautions to protect owners and the interment
rights of owners within the cemeteries from loss or damage. The city
is not responsible for any loss or damage caused by normal maintenance
activities, the elements, an act of God, common enemy, thieves, vandals,
strikers, malicious mischief makers, explosions, unavoidable accidents,
invasion, or insurrections, whether the damage be direct or collateral.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
(a)
All
cemeteries owned and operated by the city are outer burial container
required cemeteries. A minimum perpetual standard of concrete, metal,
poly, or other perpetual materials manufactured to serve this purpose
approved under state law is required. Outer burial containers shall
be able to withstand soil pressures, and shall have sufficient strength
to support the weight of the soil, as well as maintenance equipment,
including, but not limited to tractors, and shall be designed to prevent
soil settlement.
(b)
All
graves shall be excavated by the directing funeral home or its designee
at no cost to the city. A notice to the city must be given by the
funeral home or its designee 48 hours prior to excavation for marking
purposes. In emergency situations, as determined by the city, shorter
notification periods may be allowed.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
(a)
Monument
placement or burials are not permitted on any lot until the lot has
been purchased from the city or a deed of purchase of interment rights
is provided to the city cemetery department to show ownership of these
rights.
(b)
Monuments
must be placed and maintained by a professional monument company.
Monuments must be constructed of a material that will withstand the
elements and not become unsightly over time. Approved materials are:
marble or granite. The city does not maintain monuments and will not
be held responsible for any damage caused by normal maintenance activities,
including watering, or exposure to the elements.
(c)
Permanent
bronze, granite, or marble vases or urns may be placed on lots provided
that they are permanently attached to the sides or tops of permanent
markers and do not extend outward past the base of the monument.
(d)
Monuments
shall not exceed the width of the lot. Double monuments shall not
exceed the width of the two lots on which they are to be placed. Height
may not exceed a maximum of four (4) feet. Ledgers (slabs) will not
be permitted. All foot stones and corner markers must be level with
the ground as not to interfere with mowing.
Note: Garden of Paradise and future expansions at Danville Cemetery,
including future cremation spaces, and monuments, will be required
to be flat markers at ground level as not to interfere with mowing.
(Ordinance 1733 adopted 2/12/19; Ordinance 1796 adopted 4/13/21)
(a)
General.
(1)
Nothing shall be placed on or near graves that will hinder mowing
and upkeep activities.
(2)
All grading, landscaping and improving of the lots, including, but
not limited to, any planting, trimming, cutting or removing any planting
shall be done under the supervision of the cemetery administrator.
(3)
Private plantings are prohibited.
(b)
Trees and shrubs.
(1)
The city council and cemetery department will decide on the types
and placement of trees and shrubs and will maintain only that which
has been placed by the city. Private plantings are prohibited unless
authorized by the city. The city reserves the right to remove any
planting done by anyone other than authorized personnel.
(2)
All plants, whether real or artificial have a limited life span.
The city will not be responsible and will offer no guarantee for the
life or replacement of any plant or flower, whether real or artificial.
(c)
Flowers and plants.
(1)
Floral design and other articles placed on graves at the time of
interment will be removed when they become wilted or unsightly. Flowers
and potted plants will be allowed for six weeks after interment as
to allow time for grieving. All items, other than flowers or potted
plants will be removed.
(2)
All flowers are to be placed in vases attached to monuments. No flowers
are allowed on the ground. The city will make special allowances for
the holiday season from November 20th–January 5th. During which
time, families will be permitted to place flowers on the ground if
monument does not have a vase.
(3)
Whether natural or artificial, plants and flowers have varying life
spans and should be removed by lot owners when they become unsightly.
If not removed by lot owners, the city reserves the right to maintain
the cemetery and shall remove the objects, when in the city’s
judgment; they become unsightly due to fading, wilting, etc. The city
will not be responsible for lost vases, saddles, urns, etc.
(d)
Benches.
(1)
Bench placement and design must be approved through the cemetery
office prior to placement to ensure that it will not interfere with
grounds maintenance. Placement will be at the foot of the burial space
and may not be placed vertically along the side of any burial space.
(2)
Benches must be constructed of a material that will withstand the
elements and not become unsightly over time. Approved materials are:
marble or granite.
(3)
Benches must be placed on and attached to a concrete slab as not
to impede grounds maintenance and insure the security of the bench.
Benches currently in the cemetery will be evaluated and moved if it
is determined by the cemetery administrator that they have become
unsightly, interfere with maintenance, or not made of approved materials.
(4)
The city cemetery department reserves the right to refuse permission
of bench placement if it is determined that a bench or its placement
does not conform to cemetery requirements or is in a position that
will impede maintenance equipment. The city accepts no responsibility
for benches should they be damaged, broken, or stolen.
(Ordinance 1733 adopted 2/12/19)
(a)
The
following are prohibited:
(1)
Bringing or discharging any firearm within the cemetery grounds except
for military funerals.
(2)
Disturbing the quiet of the cemetery by any unnecessary noise that
may be offensive to other visitors of the cemetery.
(3)
Permitting any child less than 16 years of age, to play or be allowed
to stay within the cemetery unless accompanied by and under the supervision
of an adult.
(4)
Loitering within the cemetery.
(5)
Bringing intoxicating liquors or illegal drugs into the cemetery.
(6)
Littering or allowing any rubbish, unsightly material, or debris
to accumulate. This includes cigarette butts. The person or persons
causing the accumulation must promptly remove all such accumulations.
(7)
Removing any objects from any place within the cemetery without the
consent of the cemetery administrator or by the owner(s) that placed
them.
(8)
Damaging any planting or marring any memorial, or in any way defacing
anything in the cemetery.
(9)
Constructing an enclosure of any kind, such as: fencing, coping,
hedges, borders, or ditches around any grave.
(10)
Placing any objectionable items in the cemetery. The city cemetery
department has the sole discretion in deciding what is objectionable.
(11)
Driving any vehicle faster than 10 miles per hour on cemetery grounds.
(12)
Driving on any pathway or walkway within the cemetery unless by authorized
vehicles.
(13)
Placement of glass cases, glass objects, toys, ornaments, or other
articles which may damage maintenance equipment or cause harm to grounds
keepers performing maintenance duties.
(14)
Installation of sprinkler or irrigation systems.
(15)
Flag etiquette should always be followed when placing United States
flags (any size of material) on gravesites. The city reserves the
right to remove any U.S. flag from a gravesite that does not follow
proper flag etiquette.
(b)
Violations
of these rules and regulations are subject to civil penalties not
to exceed the maximum, allowed by law.
(Ordinance 1733 adopted 2/12/19)
(a)
Flag
should never touch anything beneath it: ground, monuments, water,
etc.
(b)
Never
place, fasten or display the flag in a way that will permit it to
be damaged or soiled.
(c)
When
the flag is worn out or otherwise no longer a fitting emblem for display,
it should be destroyed in a dignified manner, preferably by burning.
(Ordinance 1733 adopted 2/12/19)
We ask all visitors to remember that the grounds of all cemeteries
are sacredly devoted to the burial and honor of the deceased. Please
maintain proper respect for the dead and for their surviving family
and loved ones. The city is dedicated to maintaining the beauty, peace
and serenity of the grounds.
(Ordinance 1733 adopted 2/12/19)
Lot acquisition, grave site use and care, and interment at and
in Kilgore Memorial Gardens Cemetery shall be subject to the following
terms, conditions, regulations and prohibitions.
(1987 Code, sec. 6-16)
Grave space cost for Kilgore Memorial Gardens Cemetery shall be as provided in the fee schedule in appendix B to this code.
(1987 Code, sec. 6-17)
All interment caskets in Kilgore Memorial Gardens Cemetery shall
be contained in a concrete box, concrete vault or steel vault, except
for indigents and infants.
(1987 Code, sec. 6-18)
Grave markers at Kilgore Memorial Gardens Cemetery may be flat
or of a conventional type.
(1987 Code, sec. 6-19)
Mausoleums in Kilgore Memorial Gardens Cemetery shall not be
constructed on any lot other than Lots 321 through 328, Block 4.
(1987 Code, sec. 6-20)
Lots 1 through 108, Block 4-A of Kilgore Memorial Gardens Cemetery
are restricted to infant burial.
(1987 Code, sec. 6-21)
Shrubs and trees in Kilgore Memorial Gardens Cemetery may be
planted in designated areas only as may be determined by the cemetery
superintendent.
(1987 Code, sec. 6-22)
Curbs and fences of any type around any lot or grave are prohibited
in Kilgore Memorial Gardens Cemetery.
(1987 Code, sec. 6-23)
