Chapter 11
CEMETERIES1

Art. I.     In General, §§ 11-111-15

Art. II.     Reserved, §§ 11-1611-32

Art. III.     Reserved, §§ 11-3311-47

Art. IV.     Fiscal Matters, §§ 11-4811-65

Art. V.     Cemetery Regulations Generally, §§ 11-6611-93

ARTICLE I. IN GENERAL

Sec. 11-1. Definitions.

For the purposes of this chapter, the following words shall have the meanings indicated unless the context clearly requires otherwise:

Cemetery means the burial park for earth interments.

Grave means a space of ground in a burial park used or intended to be used for burial.

Interment means the disposition of human remains by burial.

Memorial and monument means a monument, marker, tablet, headstone or tombstone.

Monument means a memorial of granite or other approved stone that extends above the surface of the lawn.

Plot means space in the cemetery used or intended to be used for the interment of human remains. The term includes and applies to one (1) or more than one (1) adjoining grave.

Written consent means the written consent of the parks and recreation director or the city manager of the city. (Code 1960, § 23-27; Ord. No. 3956, § 1, 10-30-89; Ord. No. 4015, § 2, 9-23-91)

Sec. 11-2. Cemetery advisory commission.

Pursuant to section 2-180 of this code there is created and established a commission to be known as the cemetery advisory commission. The cemetery advisory commission shall have the duties as provided for in sections 2-180 through 2-186 of this code. (Ord. No. 3966, § 3, 7-23-90)

Secs. 11-311-15. Reserved.

ARTICLE II. RESERVED

Secs. 11-1611-21. Reserved.

Editor’s note – Ord. No. 3966, § 1, adopted July 23, 1990, repealed former §§ 11-16 – 11-21, relative to the cemetery advisory commission, which derived from the 1960 Code, §§ 2-48 – 2-53; Ord. No. 2356, §§ 2 – 4; Ord. No. 2399, §§ 1, 2; Ord. No. 2436, §§ 1, 4; and Ord. No. 3956, § 2, adopted Oct. 30, 1989.

Sec. 11-22. Reserved.

Editor’s note – Former § 11-22, pertaining to budget preparation by the cemetery commission, was repealed by § 3 of Ord. No. 3956, adopted Oct. 30, 1989; such former section originated from the 1960 Code, § 2-54; Ord. No. 2356, § 5; Ord. No. 2399, § 3; and Ord. No. 2436, § 5.

Secs. 11-2311-32. Reserved.

ARTICLE III. RESERVED2

Secs. 11-3311-47. Reserved.

ARTICLE IV. FISCAL MATTERS3

Sec. 11-48. Perpetual care fund – Created; management; disposition of income.

There is hereby created a fund to be known as the perpetual care fund. Such fund shall be so invested by the city treasurer at the discretion of the council as to produce its maximum income commensurate with safety. The income from such fund shall be used to care for and maintain the cemetery; provided, however, that the council may retain income from the sale of stocks, bonds, and other investment securities, to the extent of five thousand dollars ($5,000) annually, to offset capital losses, if any, from the sale of investment securities. The principal of such fund shall not be used for any purpose other than providing an income for the purposes specified herein. (Ord. No. 3076, § 1, 4-10-72)

Sec. 11-49. Cemetery fees.

All cemetery fees for purchase of lots, crypts or niches, perpetual care, opening and closing of graves and other fees shall be established by the city council by resolution which shall remain in full force and effect until amended or repealed by subsequent resolution. (Ord. No. 4448, § 2, 8-28-06)

Sec. 11-50. Reserved.

Editor’s note – Ord. No. 3891, § 1, adopted Feb. 1, 1988, repealed § 11-50, dealing with the perpetual care fund levy for previous acquisitions and deriving from the 1960 Code, § 23-14.

Sec. 11-51. Reserved.

Editor’s note – Ord. No. 4015, § 1, adopted Sept. 23, 1991, repealed § 11-51 in its entirety. Former § 11-51 was concerned with the investment and advisory committee, and derived from Ord. No. 3076, § 3, adopted April 10, 1972.

Sec. 11-52. Special cemetery fund – Created.

There is hereby created a fund to be known as the special cemetery fund. (Code 1960, § 23-14.2; Ord. No. 2553, § 1)

Cross reference – Finances, § 2-64 et seq.

Sec. 11-53. Same – Deposits.

The city treasurer is hereby authorized and directed to cause to be deposited in such special cemetery fund all fees, monies, gifts and sums received by the city from the sale of graves and from opening and closing charges for graves and crypts or from such sums as may be budgeted by the council of the city and such funds from the interest or return on the investment of the perpetual care fund as are authorized by the council be transferred to the special cemetery fund. (Ord. No. 3076 § 4, 4-10-72)

Sec. 11-54. Reserved.

Editor’s note – Ord. No. 4015, § 1, adopted Sept. 23, 1991, repealed § 11-54 in its entirety. Former § 11-54 was concerned with special fund accounts, and derived from Ord. No. 3076, § 5, adopted April 10, 1972.

Secs. 11-5511-65. Reserved.

ARTICLE V. CEMETERY REGULATIONS GENERALLY

Sec. 11-66. Rules and regulations adopted; applicability; amendment and alteration.

For the mutual protection of every plot purchaser in the city cemetery and the city, the city hereby adopts the following rules and regulations. All property owners and persons within the cemetery, and all plots sold, shall be subject to said rules and regulations, and subject further, to such other rules and regulations amendments or alterations as shall be adopted by this city from time to time; and the reference to these rules and regulations in the deed or certificate of ownership to plots shall have the same force and effect as if set forth in full therein. (Code 1960, § 23-26; Ord. No. 3057, § 1, 12-13-71)

Sec. 11-67. Burial or disinterment – Permit required; records to be kept.

The city health officer shall issue a permit in duplicate for each burial or disinterment to be permitted within the city, both of which shall be filed with the parks and recreation director; one (1) copy to be retained by him as part of the records of his office and the other to be filed with his monthly report. The parks and recreation director shall be furnished a record book arranged for the reception of the data furnished by the health officer of the permits issued by him and the information so given shall be embodied in such record book, together with the date of interment or disinterment, the number of grave, lot and division and such other information as may be necessary to determine the identity of the parties and the place of burial. All records shall be preserved as permanent records of the office. No internment or disinterment shall be permitted except upon such written permit issued by the health office. (Ord. No. 3118, § 4, 11-13-72; Ord. No. 4015, § 3, 9-23-91)

Sec. 11-67.1. Reserved.

Editor’s note – Former § 11-67.1, which was derived from Ord. No. 3272, §§ 1, 2 enacted May 12, 1975, as amended by Ord. No. 3282, § 1, enacted Aug. 25, 1975, was repealed by Ord. No. 3710, § 2, enacted Sept. 19, 1983; said former section had pertained to grave-site preparation fees.

Sec. 11-68. Reserved.

Editor’s note – Former § 11-68, pertaining to burial, opening and closing fees, was repealed by § 1 of Ord. No. 4448, adopted Aug. 28, 2006; such former section originated from Ord. No. 3118, § 5, 11-13-72; Ord. No. 3238, § 1, 10-21-74; Ord. No. 3282, § 2, 8-25-75; Ord. No. 3307, § 1, 3-15-76; Ord. No. 3507, § 1, 10-22-79; Ord. No. 3710, § 3, 9-19-83; Ord. No. 3797, § 1, 12-16-85; Ord. No. 3882, § 1, 9-21-87; Ord. No. 3956, § 5, 10-30-89; Ord. No. 4015, § 4, 9-23-91; Ord. No. 4081, § 1, 8-30-93; Ord. No. 4245, § 2, 8-23-99; Ord. No. 4294, § 2, 8-27-01; Ord. No. 4313, § 2, 8-26-02; Ord. No. 4332, § 2, 8-25-03; Ord. No. 4359, § 2, 8-23-04; Ord. No. 4415, § 2, 8-22-05.

Sec. 11-69. Adult graves to be lined.

All adult graves shall be provided with a cement liner except where metal or concrete vaults are used. (Code 1960, § 23-10)

Sec. 11-70. Landscaping, planting, cultivation, etc., of trees, shrubs, etc.

(a) All graves within the city cemetery shall be dug and all lots filled, graded, cared for and maintained by the parks and recreation director or under the director’s direction. In order to preserve uniformity in appearance and landscaping it is made the duty of the parks and recreation director to supervise the planting, pruning, cultivation and removal of trees, shrubs and other plants within the cemetery.

(b) No person shall plant or cultivate any trees, flowers, shrubs or other plants without previous permission of the parks and recreation director. The parks and recreation director shall have authority to prune, cultivate, remove and care for plants of every description within the city cemetery. (Ord. No. 3118, § 6, 11-13-72; Ord. No. 4015, § 5, 9-23-91)

Sec. 11-70.1. Setting of monuments; rules and regulations; fees.

(a) As used in this section, the following terms shall have the following definitions:

(1) Cemetery means the Normal Hill Cemetery and any other cemetery which the city may hereafter open, acquire, operate or maintain.

(2) Monument means a memorial of granite or other approved stone which extends above the surface of the lawn, including headstones and tombstones.

(3) Director means the parks and recreation director of the city.

(4) Treasurer means the city treasurer of the city.

(b) No person shall erect or install, or cause to be erected or installed, in the cemetery any monument without first obtaining the approval of the director and paying to the city the sum of thirty dollars ($30.00) to cover the costs of preparation of a monument site.

(c) Any person applying for permission to erect or install a monument in the cemetery shall provide the following information to the director:

(1) The dimensions of the monument;

(2) The name of the person whose grave will be marked by the monument; and

(3) The date and time of the proposed installation.

Upon approval thereof by the director and receipt of the fee referred to above, the director shall cause the employees of the cemetery to prepare a monument site for the proposed monument and shall coordinate the cemetery’s preparation work and the applicant’s placement of the monument.

(d) It shall be the duty of the director to supervise the placement of the monument so that it is installed in a proper manner. Neither the director nor the city shall be liable for damages to any person for failure to comply with this provision. The city shall have no responsibility to the applicant beyond the location and preparation of the monument site except for normal site maintenance under its duty to maintain the cemetery. (Ord. No. 3264, §§ 1 – 4, 3-31-75; Ord. No. 3956, § 6, 10-30-89; Ord. No. 4015, § 6, 9-23-91; Ord. No. 4245, § 3, 8-23-99; Ord. No. 4294, § 3, 8-27-01)

Sec. 11-71. Monuments and markers to be flush with ground.

No monument, headstone or marker, except markers which are flush with the ground, shall be placed on any grave hereafter sold except in divisions 1, 2 and 3, section A of block A, Normal Addition, and the divisions known as the Masonic, the Independent Order of Oddfellows and the Knights of Pythias. All monuments shall rest upon a concrete foundation flush with the ground and extending beyond the base of the shaft at least six (6) inches on all sides. All monuments placed in a location other than the headstone row shall be flush with the ground. (Code 1960, § 23-15; Ord. No. 3956, § 7, 10-30-89)

Sec. 11-72. Reserved.

Editor’s note – Former § 11-72, pertaining to sale of crypts in the city-owned mausoleum, was repealed by § 1 of Ord. No. 4448, adopted Aug. 28, 2006; such former section originated from 1960 Code § 23-19; Ord. No. 3307, § 2, 3-15-76; Ord. No. 3710, § 4, 9-19-83; Ord. No. 3797, § 2, 12-16-85; Ord. No. 3956, § 8, 10-30-89; Ord. No. 4245, § 4, 8-23-99; Ord. No. 4294, § 4, 8-27-01; Ord. No. 4313, § 3, 8-26-02; Ord. No. 4332, § 3, 8-25-03; Ord. No. 4359, § 3, 8-23-04; Ord. No. 4415, § 3, 8-22-05.

Sec. 11-73. Repurchase of crypts by city.

The mayor and clerk are further authorized and may at their election purchase crypts located within the mausoleum as may from time to time be for sale by the owners thereof, provided that the purchase price paid by the city shall in no case be greater than the original purchase price paid by the owner of such crypt for such crypt. (Code 1960, § 23-20)

Sec. 11-74. Transfer of ownership of privately owned crypt; fee.

In the event that the owner of a crypt located within the mausoleum desires to transfer, sell or assign his right, title or interest in and to such crypt, the owner of such crypt shall contact the city clerk and request that a deed or an assignment be prepared by the city conveying the owner’s right, title and interest in and to such crypt to the owner’s designated assignee. Fifty dollars ($50.00) shall be paid by the owner to the city for the purpose of effecting the transfer authorized in this section. (Code 1960, § 23-21)

Sec. 11-75. Recordation of transfer of privately owned grave.

(a) Should any grave located within the city owned or hereafter acquired by any person be sold to any other person, such sale shall be recorded with the city clerk by depositing with such clerk a duplicate, original or certified true copy of the instrument transferring such grave.

(b) The city shall not be liable to any person who may be injured or damaged by reason of a forged instrument or title or a false affidavit required by this section to be filed. (Code 1960, § 23-22)

Sec. 11-76. Opening of grave for purpose of interment.

(a) No request to open any grave for purposes of interment of any person, other than the owner thereof as shown on the records of the clerk, shall be granted until the person requesting interment:

(1) Shows proof of ownership of such grave in himself or the deceased to be interred; or

(2) Shows by affidavit of the owner of such grave, as shown on the records of the city clerk, or owner’s agent or personal representative that such owner has knowledge of the intended interment and consents thereto as such owner or on behalf of such owner as owner’s agent or personal representative.

(b) The city shall not be liable to any person who may be injured or damaged by reason of a forged instrument or title or a false affidavit required by this section to be filed.

(c) No request to open any grave for purposes of interment therein shall be submitted to the parks and recreation director less than twenty-four (24) hours prior to the time set for interment in such grave, and the city shall not be liable in any manner for a failure to have any grave properly opened unless such request shall be so submitted. (Ord. No. 3118, § 7, 11-13-72; Ord. No. 4015, § 7, 9-23-91)

Sec. 11-77. Sale of graves, land, etc., to other cemeteries, etc.

(a) There shall be no sales of any grave or graves or other land designated as part of a cemetery owned by the city to any other cemetery, public or private.

(b) No grave or graves shall be sold to any person or to any employee or agent thereof operating a funeral home unless the same are being purchased for a burial then pending in the office of such person; except that any such person, member of such firm, officer or stockholder of such corporation, or agents or employees thereof may purchase a grave or graves without such restriction when the same are purchased by them for personal or family use.

(c) Any person desiring to purchase one (1) or more graves for his personal use or for the use of his family shall make such purchase at the office of the city treasurer. (Ord. No. 3118, § 8, 11-13-72)

Sec. 11-78. Reserved.

Editor’s note – Former § 11-78, pertaining to sale of single and double niches in the mausoleum and cemeteries, was repealed by § 1 of Ord. No. 4448, adopted Aug. 28, 2006; such former section originated from 1960 Code § 23-25; Ord. No. 3710, § 5, 9-19-83; Ord. No. 3797, § 3, 12-16-85; Ord. No. 3956, § 9, 10-30-89; Ord. No. 4245, § 5, 8-23-99; Ord. No. 4294, § 5, 8-27-01; Ord. No. 4313, § 4, 8-26-02; Ord. No. 4332, § 4, 8-25-03; Ord. No. 4359, § 4, 8-23-04; Ord. No. 4415, § 4, 8-22-05.

Sec. 11-79. General supervision of cemetery.

(a) Admission to cemetery. The city reserves the right to refuse admission to anyone not a lot owner or relative of a person interred in said cemetery and to refuse the use of any of the cemetery facilities at any time to any person or persons whom the management may deem objectionable to the best interests of the cemetery.

(b) Dates and time cemetery will be open. The cemetery will be open only between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, the only exception being the week preceding Memorial Day when the cemetery shall be open twenty-four (24) hours per day.

(c) Parks and recreation director in charge of funeral. All funerals on reaching the cemetery shall be under the supervision of the parks and recreation director. (Code 1960, § 23-28; Ord. No. 4015, § 8, 9-23-91)

Sec. 11-80. Interments and disinterments generally.

(a) Subject to laws. In addition to being subject to these rules and regulations, all interments, disinterments and removals are subject to the orders and laws of the properly constituted authorities of the city, county and state.

(b) Time and charges. All interments, disinterments and removals must be made at the time and in the manner and subject to the payment of such charges as determined by the city.

(c) Regulation on certain days.

(1) Holidays. No interments, disinterments, removals, or interment service shall be permitted on any of the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day or Christmas Day.

When any of the before-mentioned holidays falls or is legally observed on a Saturday, Sunday or Monday, funerals will be received on the last business day preceding the holiday up to 12:00 noon, but no further or final disposition will be made.

(2) Saturdays, Sundays and Holidays. No human remains shall be buried within the city cemetery on any Saturday, Sunday or holiday, other than those stated in Section 11-80(c)(1) of this code, except in cases of extreme hardship as determined by the parks and recreation director. No such Saturday burials shall be made until authorization therefor has been obtained from the parks and recreation director, and any person applying for such authorization shall make application to the parks and recreation director at least forty-eight (48) hours prior to the day upon which the burial is to be made.

Should the person responsible for funeral arrangements be unable to contact the parks and recreation director during regular working hours, such person may make a preliminary request for arrangements through the office of the clerk who shall relay said request to the parks and recreation director. Upon receipt of any such request from the clerk’s office, the parks and recreation director shall contact the person making such request as soon as possible and shall make final arrangements with him. Any person aggrieved by a decision of the parks and recreation director may appeal orally or in writing to the city manager whose decision shall be final.

(d) Notice. The right is reserved by the city to insist upon at least twenty-four (24) hours’ notice before any interment and to at least one (1) week’s notice prior to any disinterment or removal.

(e) Authorization to inter. The city may inter or open a plot for any purpose on proper written authorization by any plot owner of record on forms approved by the city and duly filed in the office of the city clerk unless written instructions to the contrary have been filed in said office by the parks and recreation director or city manager.

(f) Location of interment space. When instructions from the plot owner regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the city may, in its discretion, open it in such location in the plot as it deems best and proper, so as not to delay the funeral and the city shall not be liable in damages for any error so made.

(g) Orders given by telephone. The city shall not be held responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a plot where interment is desired.

(h) Errors may be corrected. The city reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the descriptions, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the city, or by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of the remains of any person in such property, the city reserves, and shall have, the right to remove and reinter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The city shall also have the right to correct any errors made by placing an improper inscription, including an incorrect name or date, either on the memorial or on the container for cremated remains.

(i) Delays in interments caused by protests. The city shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made, or where the rules and regulations have not been complied with. The city may require any protest to be in writing and filed in the office of the clerk.

(j) Not responsible for embalming or for identity. The city shall not be liable for the interment permit nor for the identity of the person sought to be interred; nor shall the city be liable in any way for the embalming of the body.

(k) No interment permitted unless property paid for. No interment shall be permitted or memorial placed in or on any property not fully paid for except by special consent of the city in writing in each and every case and, in the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary, and a note shall not be considered as payment, nor shall any rights be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash including principal and interest; and, in the case the purchaser of said property shall fail to meet all payments within thirty (30) days after the same are demanded by the city, then the city may reenter said property and hold the same as of its former estate. The city, thereupon, shall be released from all obligations thereunder, and it may retain such payments as may have been made toward the purchase of such property as liquidated damages. The city reserves the right, and shall have the right immediately or at any time thereafter, without notice, at its discretion to remove to single graves, to be chosen by the city, each of the remains then interred in said property. The city, further, shall have the right to remove any memorial that may have been placed on said property.

(l) Interment of more than one body. Not more than one (1) body, or the remains of more than one (1) body, shall be interred in one (1) grave, unless such grave has been purchased with the written agreement that more than one (1) body, or the remains of more than one (1) body, may be interred, except by written consent of the city, and provided proper identification is made of such interment or interments on one (1) regulation memorial or marker.

(m) Interment in church or lodge plot. Where a plot is owned by a church, lodge, or other society, interments shall be limited to the actual members of that organization, and to their husbands or wives, and to immediate members of families of members.

(n) Care in removal. The city shall exercise due care in making a disinterment and removal, but it shall assume no liability for damage to any casket or burial case or urn incurred in making disinterment and removal.

(o) Payment of service charges. The charges for the cemetery services must be paid at the time of the issuance of the order of interment or disinterment and removal. (Code 1960, § 23-29; Ord. No. 2751, § 1, 1-8-67; Ord. No. 3057, § 4, 12-13-71; Ord. No. 4015, § 9, 9-23-91; Ord. No. 4245, § 6, 8-23-99)

Sec. 11-81. Property rights of plot owners.

(a) Interment rights of plot owners.

(1) All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance.

(2) The spouse of an owner or any plot containing more than one (1) interment space has a vested right of interment of his remains in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one (1) interment space is unoccupied at the time the person becomes the spouse of the owner.

(3) No conveyance or other action of the owner without the written consent of the joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise provided in the decree.

(4) In conveyance to two (2) or more persons as joint tenants, each joint tenant has a vested right of interment in the plot conveyed.

(5) Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the remains of the deceased joint tenant.

(6) A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.

(7) An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot is complete authorization to the city to permit the use of the unoccupied portions of the plot by the person entitled to the use of it.

(8) An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenant named in the deed to any plot, when filed with the city, is complete authorization to the city to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving joint tenants or their successors in interest.

(9) When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent themselves, and file written notice of designation with the city. In the absence of such notice or of written objections to its so doing, the city is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any co-owner of the plot.

(10) No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having a prior vested right of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations.

(b) Family plot held inalienable.

(1) Wherever an interment of the remains of a member or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and the owner dies without making disposition of the plot either in his will by a specific devise, or by a written declaration filed and recorded in the office of the city, the plot thereby becomes inalienable and shall be held as the family plot of the owner.

(2) In a family plot one (1) grave may be used for the owner’s interment; one (1) for the owner’s surviving spouse, if any, who by law has a vested right of interment in it; and in those remaining, if any, the parents and children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot.

(3) If no parent of a child survives, the right of interment goes, in the order of death, first, to the spouse of any child of the record owner, and, second, in the order of death, to the heirs at law of the owner or the spouse of any heir at law.

(4) Any surviving spouse, parent, child, or heir who has a right of interment in the family plot may waive such right in favor of any other relative, or spouse of a relative of either deceased owner or of his spouse; and upon such waiver, the remains of the person in whose favor the waiver is made may be interred in the plot.

(5) The city may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted to the persons designated in the conveyance or devise.

(c) Descent or right of interment. If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously interred are lawfully removed, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed in the office of the city clerk, the plot descends to the heirs at law of the owner, subject to the rights of interment of the descendant and his surviving spouse. (Code 1960, § 23-30; Ord. No. 3057, § 5, 12-13-71)

Sec. 11-82. Transfers or assignments.

(a) Consent of city. No transfer or assignment of any plot or interest therein shall be valid until the consent of the city has been endorsed thereon and the same has been recorded on the books of the city.

(b) Transfer charges. The city shall charge twenty-five dollars ($25.00) for all transfers of ownership in plots. No transfer of ownership shall be complete or effective until all charges are paid. (Code 1960, § 23-31; Ord. No. 3057, § 6, 12-13-71; Ord. No. 3956, § 10, 10-30-89)

Sec. 11-83. Subdivision of plots prohibited.

The subdivision of plots shall not be allowed, and no one not having an interest therein shall be interred in any plot except by written consent of all parties interested in such plot and the city; provided, however, a relative of any record owner may be buried in said plot as provided in these rules or in the laws of the state. (Code 1960, § 23-32; Ord. No. 3057, § 7, 12-13-71)

Sec. 11-84. Control of work by city.

(a) Work to be done by city. All grading, landscape work and improvements of any kind and all care of plots shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed, and all openings and closings of plots, and all interments, disinterments and removals shall be made only by the city.

(b) City must direct and may remove improvements. All improvements or alterations of individual property in the cemetery shall be under the direction of and subject to the consent, satisfaction and approval of the city; and, should they be made without its written consent, the city shall have the right to remove, alter or change such improvements or alterations at the expense of the plot owner, or, in any event at any time in its judgment, they become unsightly to the eye. (Code 1960, § 23-33; Ord. No. 3057, § 8, 12-13-71)

Sec. 11-85. Decoration of plots.

(a) Floral regulations. The city shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the superintendent, they become unsightly, dangerous, or diseased, or when they do not conform to the standards maintained by the city. The city shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces are attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall not be responsible for plants, herbage or plantings of any kind damaged by the elements, thieves, vandals, or by other causes beyond its control. The city reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. The city reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, or plants, or herbage of any kind, unless it gives its consent.

(b) Removal of floral frames. Floral frames when removed from the plot-site, unless called for within five (5) days by those lawfully entitled to them, may be disposed of by the city in any manner it sees fit.

(c) Certain ornaments prohibited. The placing of boxes, shell, toys, metal designs, ornaments, chairs, settees, vases, glass, wood or iron cases, and similar articles upon plots shall not be permitted, and, if so placed, the city may remove the same. (Code 1960, § 23-34; Ord. No. 3057, § 9, 12-13-71)

Sec. 11-86. Roadways and replatting.

(a) Right to replat, regrade and use property. The right and privilege, at any time and from time to time, to resurvey, enlarge, diminish, replat, alter in shape or size, or otherwise to change all or any part, portion or subdivision of the property hereby mapped and platted (including the right to lay out, establish, close, eliminate, or otherwise modify or change the location of roads, walks, or drives) and to file amended maps or plats thereof, and to use the same for the erection of buildings, or for any purposes or uses connected with, incident to or convenient for the care, preservations or preparation for the disposal or interment of human dead bodies, or other cemetery purposes, together with easements and rights-of-way over and through said premises for, and the right and privilege of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communication lines, or for any other purposes, is hereby expressly reserved.

(b) No right granted in alleyways. No easement or right of interment is granted to any plot owner in any road, drive, alley or walk within the cemetery, but such roads, drive, alley or walk may be used as a means of access to the cemetery or buildings as long as the city devotes it to that purpose. (Code 1960, § 23-35; Ord. No. 3057, § 10, 12-13-71)

Sec. 11-87. Conduct of persons within the cemetery.

(a) Must use walks. Persons within the cemetery grounds shall walk in lawn area immediately in front of headstone row or on improved roads or walkways.

(b) Trespassers on cemetery plots. Plots are sacred and private property and must not be invaded. The city shall owe no duty to said trespasser to keep the property, or the memorial therein, in a reasonably safe condition.

(c) Flowers, etc. All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery or plants.

(Code 1960, § 23-36; Ord. No. 3057, § 11, 12-13-71; Ord. No. 3743, § 2, 5-7-84; Ord. No. 4015, § 10, 9-23-91)

Sec. 11-88. Reserved.

Editor’s note – Ord. No. 4015, § 1, adopted Sep. 23, 1991, repealed § 11-88 in its entirety. Former § 11-88 was concerned with fees and gratuities, and derived from the 1960 Code, § 23-37; and Ord. No. 3057, § 12, adopted Dec. 13, 1971.

Sec. 11-89. Protection against loss or damage.

Whether or not guards are used, the city distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral. (Code 1960, § 23-38; Ord. No. 3057, § 13, 12-13-71)

Sec. 11-90. Change in address of plot owners; owner to notify city.

It shall be the duty of the plot owner to notify the city of any change in his post office address. Notice sent to a plot owner at the last address on file in the office of the city clerk shall be considered sufficient and proper legal notification. (Code 1960, § 23-39; Ord. No. 3057, § 14, 12-13-71)

Sec. 11-91. Certificate and rules and regulations sole agreement.

The certificate of ownership and these rules and regulations and any amendments thereto shall be the sole agreement between the city and the plot owner. (Code 1960, § 23-40; Ord. No. 3057, § 15, 12-13-71)

Sec. 11-92. Modifications and amendments.

(a) Exceptions and modifications. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The city, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of these rules and regulations when, in its judgment, the same appear advisable; and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule.

(b) Amendments. The city may, and it hereby expressly reserves the right, at any time or times to adopt new rules and regulations, or to amend, alter or repeal any rule, regulation, article, section, paragraph or sentence in these rules and regulations. (Code 1960, § 23-41; Ord. No. 3057, § 16, 12-13-71)

Sec. 11-93. Reserved.

Editor’s note – Ord. No. 4015, § 1, adopted Sep. 23, 1991, repealed § 11-93 in its entirety. Former § 11-93 was concerned with willful violation, and derived from the 1960 Code, § 23-42; and Ord. No. 3057, § 17, adopted Dec. 13, 1971.


1

State law reference – Powers relating to cemeteries, Idaho Code, § 50-320.

Cross reference – Unreasonable, excessive, unnecessary noise on street adjacent to cemetery, § 24-38(10).


2

Editor’s note – Ord. No. 3522, § 3, enacted May 12, 1980, repealed Art. III, §§ 11-33 – 11-35, pertaining to the cemetery superintendent, derived from Ord. No. 3118, §§ 1 – 3, adopted Nov. 13, 1972.


3

Cross reference – Finance, § 2-64 et seq.