The city-owned cemetery shall be named “Whitewater Cemetery.”

(Code 1962, 6-101; Code 1987)

The sexton, or other city officer having immediate supervision and care of the cemetery, shall have the custody and care of all personal property of the city in or about the same. He or she shall cause all persons within the cemetery to observe the rules and regulations pertaining to conduct therein and the care and adornment of the cemetery lots. He or she and his or her assistants shall open any grave upon a permit therefor from the city clerk, close all graves and make such reports upon any burials as may be required.

(Code 1962, 6-103)

The sexton 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. 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. All such funds shall be credited to the cemetery fund.

(Code 1987)

No interment or burial shall be made in the Whitewater Cemetery or other cemetery grounds of the city, without a burial permit issued by the local registrar of vital statistics. The sexton or other person in charge of the cemetery shall not inter or permit the interment of any dead body unless it be accompanied by a permit as required by law. The sexton shall make a return of such permit to the proper authorities and keep a cemetery record of all interments as required by law.

(Code 1962, 6-108)

(a)   No grave shall be opened or dug unless a burial permit has first been applied for by the owner of the lot or his or her duly authorized agent or representative or the funeral director or the person in charge of interment. The permit shall contain the following information over the signature of the person applying for the permit:

(1)   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)   Hour of burial;

(5)   Name of funeral director (if such);

(6)   Size and kind of box or vault;

(7)   Signature of applicant for permit.

(b)   The city clerk shall, upon the approval of the applicant’s statement and upon assurance of the payment of all fees and charges fixed for such burial permit and grave opening, issue a permit giving the above information permitting burial.

(c)   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 preparations shall be commenced without a permit or without assurance of payment of the fees or charges required therefor.

(d)   The sexton, at the time of making a return of the burial permit to the city clerk shall, over his or her signature make a full statement of the work thereunder and the charges therefor and shall describe by measurements or drawing with measurements the exact location of the grave on the lot.

(Code 1987)

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 Whitewater Cemetery, the following regulations shall govern the cemetery:

(a)   No monument, headstone or marker of any kind shall be placed on any lot or grave space, or removed or relocated, or inscription made without a permit from the city. Such 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.

(b)   All monument, makers and headstones must be put up under the direction and supervision of the sexton or officer in charge of the cemetery.

(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 perfectly level on top. The pit for the foundation shall extend not less than 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 headstones shall be provided in all cases as required for monuments and shall be constructed in proportion to the size and weight of such markers of headstones.

(e)   Materials and equipment for the erection of monuments or other structure shall be placed in such places 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)   One interment may be made on each one-fourth lot except in the case of the interment of a small child.

(g)   When a lot is held jointly, a permit for interment may be granted to either owner or his or her heirs.

(Code 1962, 6-111:112; Code 1987)

The sale price of lots in the Whitewater Cemetery shall be as follows:

(a)      Local residents:

(1)      1 grave space, $300

(2)      2 grave spaces, $500

(3)      1 Lot (4 spaces) $1,000

(b)      Out of area customers:

(1)    1 grave space, $450

(2)    2 grave spaces, $900

(3)    1 Lot (4) spaces, $1,800

1 common space, $50 (Block 7 only, must meet certain criteria)

“Local” will be within the parameters of Highway 50 (North), Highway 77 (East) 254 (South) and I-135 (West).

(Ord. 637)

All laws of the city 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.

(Code 1987)

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 the hour of sunset and the hour of sunrise of any day, or for any person to enter or leave the grounds other than by the established and open entrances or gateways thereto.

(Code 1962, 6-113; Code 1987)

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 or members of veterans organizations or to authorized persons while participating in memorial services or military funerals nor to law enforcement officers.

(Code 1962, 6-116; Code 1987)

It shall be unlawful for any person to drive any vehicle in the cemetery faster than 20 miles per hour.

(Code 1962, 6-116; Code 1987)

(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 purpose of making deliveries in connection with cemetery work or other lawful purpose.

(b)   It shall be the duty of the 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 and 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.

(Code 1962; 6-113; Code 1987)

It shall be unlawful for any person to remove, molest, injure, mar, deface, throw down or destroy any monuments, marker, vault, or mausoleum on any cemetery lot in the cemetery.

(Code 1962, 6-115; Code 1987)

It shall be unlawful for any unauthorized person to cut down, injure, break or destroy any trees, shrubs or other plants growing in the cemetery, or to pick, pluck or cut any flowers or decorative plants except as authorized by the cemetery rules.

(Code 1962, 6-115; Code 1987)

The city hereby establishes and creates a cemetery board for the purpose of managing, operating, maintaining and improving cemeteries owned by the city. The board shall consist of seven directors to be appointed by the mayor, with the consent of the governing body, from the residents of the city at large. No person holding any official position under the city shall be appointed a director while holding such office. The directors shall receive no compensation for such services. The board of directors may pay the secretary such a sum per annum as the governing body of the city shall fix for his or her services in keeping the records, selling the lots, and other duties devolving upon him or her in that office.

(Ord. 331, Sec. 1)

The directors shall hold office, two for one year, two for two years and three for three years from the first day of February following their appointment, and annually thereafter the mayor shall, on or before the first day of February of each year, appoint directors to take the place of the retiring directors, who shall hold office for a term of three years and until their successors are appointed. The mayor may, by and with the consent of the governing body, remove any director for misconduct or neglect of duty. Vacancies in the board of directors occasioned by removal, resignation or otherwise, shall be filled in like manner as original appointments for unexpired terms.

(Ord. 331, Sec. 2)

The directors shall, immediately after their appointment, meet and organize by the selection of one of their number as president, and the election of such other officers as they may deem necessary, and who shall hold office for one year. They shall make and adopt such bylaws, rules and regulations for their own guidance and for the regulation and government of the city cemeteries as they may deem expedient. They shall have charge of and supervision over the city cemeteries, with exclusive power to expend cemetery funds in maintaining, caring for and improving the cemeteries.

(Ord. 331, Sec. 3)

It shall be the duty of the directors of the cemetery (board) to elect a treasurer of such board, who shall hold office for a term of two years and until his or her successor is elected and qualified, and shall give bond in such amount as the board may direct, to be approved by the board, for the safekeeping and the due disbursement of all funds that may come into his or her hands as such treasurer.

(Ord. 331 Sec. 4)

The board shall have the power to appoint a suitable sexton and necessary assistants, and fix their compensation, if. any, and shall also have the power to remove such appointees.

(Ord. 331, Sec. 5)

The board of directors shall, on or before the 15th day of January of each year, make an annual report to the governing body stating the conditions of the trust on the 31st day of December preceding, the various sums of money received from the cemetery fund and other courses, and how such money has been expended, and with such other information and suggestions as they may deem of general interest. Such report shall be verified by affidavit of the president and secretary.

(Ord. 331, Sec. 6)

The city may abandon this method of governing the cemeteries and abolish the cemetery board by a majority of the qualified electors of such city at any regular election or at a special election called for that purpose, and such election shall be called only upon the presentation of a petition to the governing body, signed by not less than 25 percent of the qualified voters of the city, praying for such election; the question to be submitted in the usual form. No such election shall be called until two or more years after such cemetery board is created.

(Ord. 331, Sec. 7)