The purpose of this article is to establish clear and unambiguous rules and regulations pertaining to the Pinecrest Cemetery.
(Ordinance 2009-03 adopted 6/15/09)
Words and terms used in this article shall be given the meanings set forth in this section. All words not defined shall be given their common, ordinary meanings, as the context may reasonably suggest. In case of a dispute over the meaning of a term not defined in this section, or over the application of a definition that is set forth, the city attorney shall give a written interpretation of such term(s) and application(s).
Caretaker.
A person who is granted authority to enforce the cemetery organization’s rules, state laws, and municipal rules in the cemetery as necessary to protect cemetery property.
Cemetery.
A place that is used for interment, and includes a graveyard, burial park, or mausoleum.
Funeral Establishment.
A place of business used in the care and preparation for interment or transportation of human remains, or any place where one or more persons, either as sole owner, in copartnership, or through corporate status, are engaged or represent themselves to be engaged in the business of embalming or funeral directing.
Grave.
A space of ground that is in a burial park and is used for interment in the ground.
Human Remains.
The body of a decedent.
Interment.
The permanent disposition of remains by burial.
Interment Right.
The right to inter the remains of a decedent in a space.
Lot.
A space in Pinecrest Cemetery owned by an individual that is used for interment.
Perpetual Care.
The maintenance, repair and care of all places in the cemetery.
Perpetual Care Cemetery.
A cemetery for the benefit of which a perpetual care trust fund is established as provided by state law.
Plot Owner.
A registered owner:
(1) 
In whose name a space or lot is listed in the city office as the owner of the exclusive right of sepulture; or
(2) 
Who holds, from the city a warranty deed or other instrument of conveyance of exclusive right of sepulture in a particular space or lot in the Pinecrest Cemetery.
Remains.
Either human remains or cremated human remains only.
Sepulture.
Burial of remains or interment of remains, or a burial place.
Space.
A single grave for burial of remains, but no more then two sets of remains when one set of remains is ashes or two sets of ashes.
Standard Grave.
The standard size of a grave in this article is five feet (5') wide, ten feet (10') long and six feet (6') deep.
(Ordinance 2009-03 adopted 6/15/09)
The city manager shall have general charge and supervision of the Pinecrest Cemetery. The city manager shall cause to be kept records of all lots and spaces sold so that the same can be found and properly identified and he shall see that all maps and plans of the grounds are preserved.
(Ordinance 2009-03 adopted 6/15/09)
All lots and spaces in the Pinecrest Cemetery shall be conveyed to the purchaser by warranty deed duly executed by the mayor and attested to by the city clerk with the city seal impressed thereon. Said deed shall contain a provision making said sale subject to the terms and conditions of this article. A recording fee shall be collected from the buyer.
(Ordinance 2009-03 adopted 6/15/09)
Owners of a lot in the Pinecrest Cemetery shall not allow interments to be made in their lot for remuneration nor shall any transfer or assignment or sale of any lots or spaces or an interest therein be valid without the consent in writing of the mayor of the city endorsed upon such transfer or assignment.
(Ordinance 2009-03 adopted 6/15/09)
Disinterment shall only be made under the direction of the funeral establishment and in conformity with state laws and subject to approval of the city manager in writing.
(Ordinance 2009-03 adopted 6/15/09)
The city council may from time to time fix the prices at which lots or single spaces may be sold.
(Ordinance 2009-03 adopted 6/15/09)
(a) 
In the beautification and improvements of the Pinecrest Cemetery the plan as outlined on the maps and plats are made a part hereof shall be followed as far as practical and in order to prevent any interference with said plan of beautification and improvement of said premises the following rules and regulations shall be followed:
(1) 
All lots and spaces shall be maintained on a uniform level and no lot shall be raised or terraced.
(2) 
A lot or space enclosure of any kind whatsoever shall not be permitted unless approved by city manager.
(3) 
No sign or other indication that a lot or space is for sale shall be permitted within the cemetery.
(4) 
No metallic urns, monuments, headstones, or anything of any shape in metal and no wooden items shall be permitted upon the lots or spaces in said cemetery. Pure bronze, statuary or stone, cement or cement pedestals will be permitted.
(5) 
Only one monument shall be placed on each lot and said monument shall not exceed six (6) feet in height above the surface of the ground and said monument shall be placed on the center of said lot and shall only be erected when proper foundation is built to support the weight of same.
(6) 
The headstone for graves or any structure to mark a grave shall be authorized by the city.
(7) 
The foot stone for a grave shall not exceed twelve (12) inches in width and twenty-four (24) inches in length and must be installed flush with the ground. Only one foot stone shall be allowed per grave site.
(8) 
No steps to lots will be permitted in Pinecrest Cemetery. Stone slabs shall be permitted so long as slabs do not extend or protrude above the natural ground level of the cemetery lot or space in question, being understood that it is necessary from a maintenance standpoint that the city be able to mow over and across any slab without damage to the slab or equipment.
(9) 
Owners of the lots or spaces shall not plant flowers, shrubs or trees on said lots or spaces.
(10) 
All work performed in the cemetery by any person, firm, partnership, corporation or other entity not connected with the city shall be conducted and performed during the hours from 8:00 a.m. to 5:00 p.m. on Monday through Friday and 8:00 a.m. to 12:00 noon on Saturday. No work shall be performed by such outside laborers on Saturday afternoons or Sunday or during any other time not expressly authorized herein. It is understood that this shall not apply to the city or its employees, contractors.
(11) 
The city council shall have the right to authorize removal of any monument(s), effigies, structures, shrubs, trees or flowers placed in or upon any lot or space in the cemetery which shall be determined by the city council to be offensive, improper or injurious to the appearance of the surrounding lots or grounds; and in order to remove same, the city manager shall authorize city staff to enter upon such lots or spaces.
(b) 
Other Regulations.
(1) 
The city will not be held responsible for any article left on cemetery property or for any stones or anything on any lot damaged or destroyed by fire, vandalism or other damages accruing to private property.
(2) 
Riding or driving across any grave is prohibited, except by authorized personnel in discharge of their duties.
(3) 
Defacing or injuring any monument, grave, stone, slab, corner post, building, fence, tree, shrub or flower is unlawful.
(4) 
It is unlawful to go into or loiter in the cemetery at any hour, day or night.
(Ordinance 2009-03 adopted 6/15/09)