The cemetery so operated hereunder by the City of Russell, Kansas, shall hereinafter be referred to as the Russell City Cemetery and shall be referred to herein as the cemetery or city cemetery.
(Ord. 1186, Sec. 1)
All provisions of the city code now in force or hereafter enacted, relating to and defining public offenses in the city, shall, insofar as the same shall be applicable, be in full force and effect in the cemetery of the city.
(Ord. 1186, Sec. 2)
All lots and grave spaces shall be solely for the purpose of interment of human bodies as the conveyances shall recite.
(Ord. 1186, Sec. 3)
It shall be unlawful for any person or persons, other than duly authorized officers or employees of the city, to enter into or be upon the cemetery grounds of the city during the time between one hour after sunset and the hour of sunrise of any day without first obtaining the permission of the sexton or city officer in charge of the cemetery. It shall further be unlawful at all times for any person to enter or leave the grounds other than by the established and open entrances or gateways thereto or to enter or be upon the cemetery grounds of the city when the gates or entrances thereto are closed, locked or blocked without first obtaining the permission of the sexton or city officer in charge of the cemetery.
(Ord. 1186, Sec. 4)
It shall be unlawful for any person to discharge any firearms or fireworks or have the same in possession while in the cemetery. This section shall not apply to military personnel, members of veterans organizations engaged in memorial services or programs, persons authorized by law to carry firearms, nor to law enforcement officers.
(Ord. 1186, Sec. 5; Code 1983)
It shall be unlawful for any person to drive any vehicle in the cemetery faster than 15 miles per hour.
(Ord. 1186, Sec. 6)
(a) It shall be unlawful to drive or move any vehicle within the cemetery except over a roadway open for vehicular traffic or to obstruct any path or driveway within the cemetery open to vehicular traffic. No person shall use the cemetery grounds or any driveway therein as a public thoroughfare nor drive any vehicle through the grounds except for purposes of making deliveries in connection with cemetery work or other lawful purposes.
(b) It shall be the duty of the cemetery sexton and his or her assistants to direct all vehicular traffic and the sexton is authorized to direct the parking or standing of all vehicles in the cemetery. It shall be unlawful for any person to disobey or disregard the directions of the sexton relating to the movement or standing of all vehicles within the cemetery.
(Ord. 1186, Sec. 7)
It shall be unlawful for any person to allow or permit his or her animal to run at large within the cemetery.
(Ord. 1186, Sec. 8)
It shall be unlawful for any person to dispose of any rubbish, trash or waste materials or debris of any kind in the city cemetery. It shall be permissible to accumulate any refuse resulting from the doing of any authorized work in the cemetery but the same together with all derricks, tools and materials shall be removed immediately upon completion of such work and the grounds shall be left in as good condition as possible.
(Ord. 1186, Sec. 9)
Subject to the rules and regulations therefor established, it shall be unlawful for any person to remove, molest, injure, mar, deface, throw down or destroy any headstone, monument, survey marker, corner marker, tomb, vault or mausoleum or decoration on any cemetery lot in the cemetery, or to open, disturb or molest any grave or place of burial therein.
(Ord. 1186, Sec. 10)
It shall be unlawful for any unauthorized person to plant any tree, shrub or other plant in the cemetery except those permitted by the general landscape plan approved by the governing body_ It shall be unlawful for any unauthorized person to cut down, injure, break or destroy any tree, shrub or other plant growing in the cemetery or to pick, pluck or cut any flower or decorative plant except as authorized by the cemetery rules.
(Ord. 1186, Sec. 11)
It shall be unlawful for any person to loiter or trespass upon lots and graves of the city cemetery. Nothing herein shall be construed to prohibit any person having lawful business in the cemetery in connection with improvement thereof or persons visiting the graves of relatives or friends from being in the cemetery in accordance with the rules.
(Ord. 1186, Sec. 12)
In order to secure uniformity of work and to prevent unsightly conditions and to provide rules for the use and adornment of the lots and graves in the city cemetery the following regulations shall govern the cemetery:
(a) It shall be the responsibility of lot owners to place permanent markers at the corners of their respective lots if such markers are desired, of such materials as may be approved by the governing body. All such markers shall be located within the lot lines of each lot or space of each owner and shall not be placed in parkings, roadways or walks. All markers shall be set flush with the grade as established by the city.
(b) No monument, headstone or marker of any kind shall be placed on any lot or grave space, or removed or relocated without a permit from the city The permit shall be issued upon an application in writing by the owner of the lot, his or her agent or representative, giving a description of the work to be done and upon payment of such fee as may be fixed by the governing body. No permit shall be issued by the city for any such purpose until the lots have been paid for in full. .
(c) Foundations for monuments shall be provided in all cases of concrete made with not more than six parts of coarse sand or gravel and not less than one part of portland quality cement thoroughly mixed. The concrete shall be poured in a pit up to grade and made level on top. The pit for the foundation shall extend not less than four inches beyond the full width and length of the monument or stone and its cubic capacity shall be in general not less than three-fifths of the volume of the monument or in proportion to the size and weight thereof.
(d) Concrete foundations for markers and headstone shall be provided in all cases as required for monuments and shall be constructed in proportion to the size and weight of such markers or headstones.
(e) Materials and equipment for the erection of monuments or other structures shall be placed and used in such manner as not to injure other lots, avenues or walkways. Upon completion of the work, all rubbish, unused materials and any equipment shall forthwith be removed from the cemetery.
(f) No headstones shall be more than 18 inches in height, unless such stone shall be at least six inches in thickness and only one marker shall be placed at anyone grave. No other stone except granite or marble will be permitted for markers.
(g) All headstones and markers must be set by the employees of the monument company or other qualified persons under the supervision of the sexton or officer in charge of the cemetery.
(h) Mausoleums, vaults or other burial structures built or constructed entirely above ground and outside wooden receptacles are prohibited.
(i) The permanent mounding of a grave is prohibited.
(j) Enclosures as fences, walls, curbs and ornamental rock around lots or portions thereof, shall hereafter be prohibited.
(k) When lots are neglected and uncared for, or when the owners thereof are dead or have moved to distant communities or are unknown and no provision has been made by such owners for the care of such lots or graves, the city may put such lots, graves or adornments in a condition to be cared for as other grounds of the cemetery.
(l) If any tree, shrub, or structure of any kind situated on any lot shall become dangerous or detrimental to the good appearance of adjacent lots, parkings or roadways, the city may cause such condition to be corrected or the offending plant or structure removed.
(m) The funeral director or person in charge of interment shall be responsible for the contracting of the opening and closing of the grave and for the payment of all charges or fees directly to the contractor.
(n) All contractors who contract for the opening and closing of graves in the Russell City Cemetery shall be approved by the governing body of the city and shall post a cash bond or certificate of liability insurance in the amount specified by the governing body.
(o) All graves shall be opened and closed as directed by the cemetery sexton or public works director.
(Ord. 1186, Sec. 13)
The city reserves the right to amend any cemetery regulation established by ordinance for the government and care of the Russell City Cemetery and may at any time establish other and more suitable regulations therefor as the condition of the cemetery may require from time to time. The city further reserves the right to adopt and promulgate additional rules and regulations for the use, care and adornment of such other cemetery grounds as may hereafter be acquired.
(Ord. 1186, Sec. 14)
The cemetery shall be under the control and supervision of the city manager who shall enforce the provisions of this code pertaining to the cemetery and the rules and regulations governing the same.
(Ord. 1186, Sec. 15)
The city manager shall cause the cemetery rules and regulations, as fixed by the governing body, to be observed and fully complied with by his or her subordinates and owners of cemetery lots.
(Ord. 1186, Sec. 16)
The city manager may appoint a suitable and competent person to act as sexton of the cemetery and to have immediate care of the cemetery grounds and lots.
(Ord. 1186, Sec. 17)
The city manager shall employ such other persons as may be necessary for the proper care, maintenance and operation of the cemetery as may not come within the duties of a cemetery sexton or which cannot be performed by him or her.
(Ord. 1186, Sec. 18)
The sexton shall have the custody and care of all personal property of the city in or about the cemetery. He or she shall cause all persons within the cemetery to observe the rules and regulations pertaining to conduct therein and the care and adjournment of cemetery lots. The sexton shall report all violations of cemetery rules and regulations to the public works director. The sexton and/or any assistant(s) shall make such reports of any burials as may be required.
(Ord. 1186, Sec. 19)
The city clerk shall have the custody and keeping of the original and official cemetery records of lots, conveyances, owners and interments in the cemetery and shall keep an official plat of the cemetery in his or her office. He or she shall collect and account for cemetery funds from sale of lots, or received from other sources, and shall issue all cemetery deeds and permits as authorized by law or ordinance.
(Ord. 1186, Sec. 20)
The city council, as the governing body of the city, shall adopt and promulgate suitable and proper rules and regulations for the alteration and government of the Russell City Cemetery in all matters not specifically covered by ordinance and as may be required for all such purposes. All such rules and regulations shall be published by printing in the official city paper. All such rules and regulations shall have the force of an ordinance when so published.
(Ord. 1186, Sec. 21)
The division, survey and plat of the Russell City Cemetery into lots, blocks, parkings, roadways and walks, as made and constituted at the time of acquisition by the city, shall be hereby accepted and approved. The sale price of all unsold lots or parts thereof as the same shall be fixed by the governing body shall be plainly marked on the plat and the same shall at all times during office hours, be subject to inspection by the public upon request therefor.
(Ord. 1186, Sec. 22)
All unsold lots or parts of lots, surveyed and platted for grave space in the cemetery, shall be sold in quantities of not less than one grave space by the city for the sum of $100.00 per space.
(Ord. 1186, Sec. 23; Ord. 1601, Sec. 1)
No lot or grave space shall be used for the purpose of burial, nor a certificate of purchase be issued until the purchase price thereof shall have been paid in full to the city.
(Ord. 1186, Sec. 24)
Upon the full payment of the purchase of any lot or burial space owned by the city, a cemetery deed shall be issued by the city clerk which shall be signed by the mayor and attested by the clerk under the seal of the city. Such deed shall convey to and vest in the purchaser, his or her heirs and assigns, a right in the fee simple to the lot or portions thereof described in such conveyance, for the sole purpose of human interment, under the regulations of the governing body of the city. Such certificate shall be entitled to recordation in the office of the register of deeds of the county without further acknowledgment.
(Ord. 1186, Sec. 25)
Proprietors holding deeds for lots in the Russell City Cemetery shall not allow interments on their lots for a remuneration of pecuniary consideration, nor shall any transfer of any lot or interest therein be valid without executing a written conveyance thereof and recording same by the city clerk who shall enter same on records of his or her office.
(Ord. 1186, Sec. 26)
No grave shall be opened in any lot or space until the sexton shall have the permit herein required. Any person including the sexton, shall be liable to the city for any charges or fees required for opening any grave or making any interment when any work or interment preparation shall be commenced without a permit or without an assurance of payment of the fees or charges required thereof.
(Ord. 1186, Sec. 28)
Before any grave shall be opened or dug, an application therefor shall be made to the city clerk for a grave opening permit.
(a) The application for such permit may be made by:
(1) The owner of the lot or his or her duly authorized agent or representative;
(2) The funeral director or person in charge of interment; or
(3) Some other authorized person.
The application may contain a stipulation that the permit holder agrees to indemnify the city for any expense incurred by it if the burial proves to be unauthorized or on the wrong grave space or the wrong lot.
(b) The application must give the following information:
(l) Name of lot owner or owners;
(2) Legal description of the lot and grave space in which burial is to be made;
(3) Name of person to be buried;
(4) Time of burial (approximate);
(5) Name of funeral director (if such);
(6) Size and kind of outside receptacle;
(7) Signature of applicant for permit.
(c) The city clerk shall, upon the approval of an application and upon receipt of the sum of $5, as payment of all fees and charges fixed for such permits, and upon satisfactory evidence of payment of the full purchase price of a lot or grave space at the time of the application, issue a permit giving the above information and permission to dig or open the grave on the lot or grave space described.
(Ord. 1186, Sec. 29)
(a) Any person desiring to reopen any grave in the cemetery to disinter or remove any body therefrom, or for any other purpose, shall first obtain a disinterment permit from the Kansas State Board of Health when required by law, and second, a permit from the city clerk to be issued upon proper application and the payment of the service charge of the sum of $5.
(b) The application shall give the number of the lot and block on which the grave is situated, the same of the person buried therein, the time of such burial and the place where such body is to be reburied, if it is to be reburied, and the reason therefor. The application shall be signed by a member of the family or when there is no family, by the next of kin desiring to reopen the grave and upon the approval thereof, a permit shall be issued. The permit shall contain the information disclosed in the application and shall be issued over the signature of the city clerk and under the seal of the city and shall authorize the reopening of the grave as described by the application. An order of the district court, or the judge thereof, for the exhumation of the body of a deceased person, shall be a sufficient application for a permit required hereunder and the payment of the required service charges shall be a claim against the county commissioners as provided by law.
(Ord. 1186, Sec 30)