(a)
The
city cemetery is created by and for the benefit of the residents of
the city and their family members. It may be referred to in this article
as the “city cemetery” or “cemetery.”
(b)
All
lots in the city cemetery are created, held, sold, and maintained
for no other purpose than the burial of the human dead and such other
incidental uses as are proper and suitable for a burial lot. No advertisement
of any form shall be allowed in the cemetery.
(c)
The
city shall identify all lots and be kept in due order by the city.
Each lot is intended to be a grave for one body, except when the remains
of more than one body can be placed in one ordinary coffin for a single
simultaneous burial.
(d)
Authorized
charges and fees for the purchase of a lot, the opening and closing
a grave, and all other cemetery-related services provided by the city
shall be uniformly applied and collected of all persons, in such amount
as determined by resolution of the city council from time-to-time.
(Ordinance 2018-04-17 adopted 4/18/18)
(a)
Notwithstanding
the wording in any conveyance instrument or certificate, a lot owner,
successor, or assign does not acquire fee title to the soil or other
estate in the land. A lot owner or transferee acquires only the exclusive
right of sepulture in a particular lot in the city cemetery and in
accordance with city cemetery rules.
(b)
The
owner of a lot has the right of quiet passage through the cemetery
in order to access lots or graves, during daylight hours and in accordance
with cemetery rules.
(c)
No sale,
gift, assignment, or other transfer of a lot by the owner to another
person shall be valid or binding upon the city until the fully executed
conveyance instrument is duly filed with the city manager or designee.
(Ordinance 2018-04-17 adopted 4/18/18)
(a)
The
minimum standard for burial containers in the city cemetery shall
be a concrete box.
(b)
All
headstones, grave markers, flowers, plants, flags, monuments, curbs,
fences, and other structures or embellishments shall only be placed,
allowed, installed, or removed only when and as allowed by the city
cemetery rules of the city manager. No headstone, monument, curb,
or fence, if otherwise allowed by cemetery rules, shall be authorized,
erected, or placed prior to the full payment of the contract purchase
price for the lot.
(Ordinance 2018-04-17 adopted 4/18/18)
(a)
The
city manager is hereby authorized to write and distribute reasonable
rules from time-to-time as the manager deems necessary or desirable
for the safe, orderly, uniform, aesthetically pleasing, and efficient
operation and maintenance of the city cemetery, in accordance with
generally accepted community standards. The city manager or designee
is further authorized to make reasonable accommodation or exception
to the rules as may become manifestly necessary for religious practices,
disability, or other compelling reason or circumstance. The city manager
shall properly vet and seek approval of the appropriate board, commission,
or cemetery association of these rules and any subsequent amendments.
(b)
Violation
of a city cemetery rule may result in a person being expelled from
the cemetery for the remainder of that day; being trespassed from
the cemetery for up to one year; prosecution for provisions of this
[article] or other ordinance or state law as applicable: removal of
any object or structure erected or placed in violation of the rules;
or a combination of these remedies.
(Ordinance 2018-04-17 adopted 4/18/18)
