Chapter 7-1
CEMETERY
SECTION:
7-1-4: ADMINISTRATION AND ENFORCEMENT
7-1-11: CARE AND MAINTENANCE; RIGHT TO ENTER
7-1-1 NAME OF CEMETERY:
The burial ground of the city shall be known and designated by the name of Huntington City cemetery. (Ord. 1-2006, 3-15-2006)
7-1-2 DEFINITIONS:
The following words or phrases shall have the following meaning, unless the context otherwise clearly requires:
LOT: The partial lots or single graves in the cemetery.
LOT OWNER OR PURCHASE AND GRAVE OWNER OR PURCHASER: The owner or purchaser of burial privileges or the collateral right of use of any burial lot evidenced by a deed or burial right for a described lot or by proved and recognized descent or devise from the original owner. (Ord. 1-2006, 3-15-2006)
RESIDENT:
1. Person that is currently living in Huntington City or has moved away from Huntington City for health care reasons other than climate change.
2. Non-residents who receive their mail at the Huntington Post Office shall be considered residents of Huntington for burial purposes.
3. Huntington City Council may allow exceptions to this definition as determined on each individual case. (Ord. 6-2017, 6-21-2017)
7-1-3 APPLICABILITY:
All cemeteries owned and/or maintained by the city or which may hereafter be acquired by the city, wherever situated, are hereby declared subject to the provisions of this chapter. (Ord. 1-2006, 3-15-2006)
7-1-4 ADMINISTRATION AND ENFORCEMENT:
The city council, or such official designated by the city council, shall have the general supervision and administration of the city cemetery, including, but not limited to:
A. Recommending Rules And Regulations: Recommending such additional rules and regulations as may be necessary for the operation, maintenance, use and protection of the cemetery.
B. Subdividing: Subdividing the cemetery into lots and gravesites.
C. Record Maintenance: Maintaining a record of the location of the graves and preventing any lot from being used beyond its capacity.
D. Enclosure: Keeping in proper repair the enclosure around the cemetery and preventing the destruction or defacing of any tablet or marker placed or erected therein.
E. Plat Of Cemetery: Keeping a duplicate plat of the cemetery and, at the request of any person wishing to purchase any of the lots or parts of lots, pointing out any of the lots or parts of lots for sale; and upon disposal of any lots or part thereof, notifying the city recorder of such fact. The city recorder shall, after payment of the lot price has been received in the city office, issue a certificate of burial right, which shall describe the lot or grave to which the right to burial is granted. The certificate shall be signed by the mayor and the city recorder.
F. Opening Graves: Opening any graves in the cemetery upon application being made by the city recorder or by any person having the right to make such application and being responsible for closing all graves.
1. Disinterment to be under the direction of Huntington City.
2. Written Order from Owner Of Lot Required: No person shall disinter any body buried in the city cemetery or in any cemetery within the city except under the direction of Huntington City. Before disinterment, Huntington City shall require a permit from the department of health, and a written order from the owner of the lot authorizing such removal, which order shall be filed and preserved. All such removals shall be recorded in a book kept for that purpose.
3. Disinterment Of Bodies Of Persons Dying From Contagious Diseases: It shall be unlawful for any person to remove the body of a person who has died of a contagious disease within two (2) years from the date of burial unless the body has been buried in a hermetically sealed coffin, and is found to be so encased.
G. Superseded by Ord. 2-2016.
H. Vaults: It shall be unlawful for any person or cremated remains to be buried in the cemetery unless the casket or urn is placed in a vault. Vaults must be approved by Huntington City.
I. Grave Specifications:
1. Size; Distance: Specifications for graves are five foot by ten foot (5' x 10') plots with eighteen inches (18") left between graves and a two foot (2') area left between graves, head to foot.
2. Piggy Backing: There shall be not more than one casket buried per lot or single gravesite. The practice commonly known as "piggy backing" wherein one casket is buried directly above another shall not be allowed. The City does not allow a full burial and a cremation within the same site.
3. Companion Burials: A casket is allowed to contain one full body and one cremation or one full body and one child up to six years old. All other cemetery requirements for a single lot will apply.
J. Headstones or Markers: On a standard five foot by ten foot (5' x 10') grave space, no stone marker will exceed sixty inches (60") in length, twenty-four inches (24") in width, or thirty-six inches (36") in height overall, including border and base. A double monument, representing two (2) family members on two (2) adjoining gravesites, will not exceed one hundred twenty inches (120") in length, twenty-four inches (24") in width, or thirty-six inches (36") in height overall, including border and base.
1. Markers: All grave markers placed in the cemetery will have a frosted or cement border extending outward from the outer perimeter of the marker base for a minimum distance of four inches (4") around, and these borders must be set at ground level.
2. Number Limited; Exceptions: Markers shall only be placed at the top/head (west) of each grave; however, exceptions will be made on veterans' stones, which are to be placed in the center of each grave at ground level. Where two (2) cremations or two (2) infants are within the same gravesite, both names of the deceased may be placed upon one memorial stone at the top of the gravesite or the second stone must be set in the center of same gravesite, at ground level.
a. All permanent vases will be placed in the stone base of the marker or monument, or pre-poured with the border as described above. Permanent vase monuments must be installed with drains, in gravel, below a cement slab.
b. All ceramic pictures will be inset, so the outside of the picture is flush with the face of the stone.
c. All monuments and markers, or any part thereof, cannot be constructed of wood or a degradable material. Any material other than granite or marble must be approved in writing by the cemetery sexton.
K. Special Exemptions For Oversized Grave Marker Permits: The city council may approve an oversized grave marker permit which would allow for a larger than required marker to be placed upon a purchased gravesite. Upon issuance of this permit, the bearer or living family members assume responsibility for the removal and replacement of the marker when it becomes necessary to remove the marker for excavation of graves and for the expense to have such removal and replacement contracted. These markers may not exceed the length or height requirements allowed for single or double gravesites: sixty inches (60") in length for a single gravesite and one hundred twenty inches (120") in length for double and thirty six inches (36") in height, but may be higher than thirty six inches (36") and wider than twenty four inches (24") on approval of the city sexton, or to fashion a marker similar to one in existence. The city shall insist that these oversized markers be placed only on the gravesite(s) involved so as not to infringe upon any other's rights.
L. Street Maintenance: Keeping the streets, walks and avenues in the cemetery in good order and unobstructed.
M. Installation: Installation of the monument/marker shall be performed by a monument/marker company. All monuments/markers shall be placed in accordance with the instructions and conditions of the cemetery sexton. The cemetery sexton may require that planks or plywood be placed over grass or paths any time an authorized vehicle is driven on it. (Ord. 1-2023, 2-15-2023; Ord. 13-2019, 12-18-2019; Ord. 10-2015, 11-18-2015; Ord. 4-2015, 6-17-2015; Ord. 8-2012; Ord. 3-2010, 8-18-2010; Ord. 1-2006, 3-15-2006)
7-1-5 BURIALS:
A. Permit Required:
1. Before any deceased person is buried in the city cemetery, a permit properly issued by the registrar of the registration district in which the death occurred or, in the absence of such registrar, a permit duly issued by the state division of health or other authorized person, shall be required by the city. After burial, the city shall endorse upon the permit a description of the location where the deceased is buried and shall enter all of the information contained in the permit in the cemetery records.
2. It shall be unlawful for any person to bury the body of a deceased person in the city cemetery without first obtaining a certificate of burial right for the lot used or producing satisfactory evidence of a right to burial based on a properly acquired certificate of burial right.
3. Only under the direct supervision of Huntington City shall individuals or family members be allowed to conduct the burial of urns.
4. Permission to open a gravesite for burial may be given by the owner of the lot, or a family representative designated by the lot owner.
B. Registration: Before any deceased person may be buried in the city cemetery, the relatives or person having charge of the deceased shall complete the Cemetery Grave Opening Information form, which shall be filed by the city recorder. All information available must be included on the form. (Ord. 1-2006, 3-15-2006)
C. Penalty: It is an infraction, subject to penalty as provided in section 1-4-1 of this code, to bury the body of any person within the city, except in the city cemetery. (Ord. 1-2006, 3- 15-2006; amd. 2007 Code)
D. Infant Burials: There shall be no more than two (2) infants buried per lot or gravesite.
E. Cremations: There shall be no more than two (2) urns buried per lot or gravesite. All urns must be in a vault as mentioned in section 7-1-4(H) of this code. (Ord. 1-2006, 3-15-2006)
F. No burials shall take place on New Year's Day, Memorial Day weekend (Saturday- Monday), Heritage Days celebration, Thanksgiving Day, Christmas Eve, Christmas Day and New Year's eve. (Ord. 13-2019, 12-18-2019)
7-1-6 FEES AND CHARGES:
A. Established: The city council shall from time to time by resolution, fix the size of lots, the price at which burial rights shall be sold and the fees which shall be charged for the various cemetery services to be provided.
B. Appendix A: The cemetery fee schedule is set forth in appendix A, which is attached to the ordinance codified herein and on file in the city office.
C. Resident/Nonresident Status:
1. Resident/nonresident status refers to the person being buried, regardless of who the lot owner may be.
2. The person shall be determined a resident if they are living in Huntington or in an assisted living facility at the time of their death. A person shall be determined a nonresident if they are not living in Huntington or at an assisted living facility at the time of their death. The definition of a "resident" will be determined by the city council.
D. Collection: The city recorder, and such other persons as the city council may designate, are hereby authorized and required to collect in advance, prices and fees for the opening and closing of graves or other services which shall include, but not be limited to, properly disinterring bodies and properly restoring the earth and grounds, and recording each burial, disinterment or removal and raised monument privileges.
E. Opening Graves:
1. Prepayment of grave preparation fees may be accepted with the condition that any increase made in the fees will be assessed at the time of grave opening. No grave shall be opened in the cemetery until payment for that service has been paid or payment arrangements have been made with the city recorder.
2. The presentation of a receipt from the city recorder or person designated by the city council when presented to the maintenance department shall be authority to open a grave for the burial of a deceased person. However, upon a contract being entered into between any mortician and the city wherein the mortician agrees to be responsible and liable for fees for the opening of a grave, and wherein that mortician will be personally liable for such fees and for perpetual care payments, the city recorder or authorized person may give the maintenance department authority to open graves without the presentation of a receipt from the city recorder or authorized person.
7-1-7 LOT SALES:
A. Authority; Records: The city recorder, or such other person as the city council may designate, is hereby authorized to sell the use of lots in the city cemetery for burial purposes only and to collect all sums arising from the sale. The city recorder shall keep a complete record of all sales, which record shall describe the location of the lot purchased and the price paid therefore. The city recorder or designated person shall deliver to each purchaser a certificate of burial rights for each lot purchased, which certificate shall, among other things, describe the location of the lot, the purchase price and the type of maintenance services which are to be provided.
B. Purchase Price: A certificate and right to burial shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for cemetery services other than perpetual care.
C. Services Included: Perpetual care shall be deemed to include the filling of the grave, the placing of topsoil upon the grave, seeding the grave with grass and watering and cutting the grass. No other services are included.
D. Improvements, Changes And Services: No other improvements, changes or services, except perpetual care, shall be made on any lot without the certificate holder or his heirs first submitting to and receiving from the city written approval for such improvements, changes or services, which improvements, changes or services shall be subject to the rules and regulations promulgated by the city council.
E. Resale Restrictions:
1. Transfer of Cemetery Plots: Plots can be transferred or sold with the proper paperwork completed and approval from the cemetery sexton and mayor. A transfer fee established by resolution of the city council will be charged. The transfer may take up to thirty (30) days to complete. Plots may be sold back to the city for original purchase price less a twenty percent (20%) service charge. Cemetery documents at City Hall will be used as the official binding documents. Personal certificates of use are not the official documents of record.
2. Whenever a certificate to burial rights or lots reverts to the city, as provided for in this subsection, or becomes vested in the city for any reason, before new certificates are issued, the original certificate shall be canceled or an assignment given and the record shall be so changed.
3. The certificates shall be issued and signed by the mayor and shall be attested by the city recorder. All lots or parts of lots, and any improvements thereto, as provided in this subsection; shall be exempt from execution and from taxation and assessment for care and maintenance charges from and after said payments. (Ord. 6-2017, 6-21-2017)
7-1-8 PERPETUAL CARE LOTS:
A. Scope Of Care: The essential perpetual care that the city agrees to give shall consist of care of the cemetery generally, and shall include, but is not limited to, mowing of all lots and graves at reasonable intervals, resodding, seeding and filling in sunken graves, sodding the surface of the graves to lot level, removing dead flowers and trimming trees and shrubbery when necessary, raking and cleaning the lots. Huntington City is not responsible for the placing, cleaning, raising, repair and removal of markers or memorial structures of any nature, except when the need for repair or replacement is directly caused by the city.
B. Contracting For Care:
1. No grave shall be hereafter opened in the cemetery of this city until perpetual care upon the lot where the grave is to be opened shall have been contracted for with the city, or perpetual care thereon paid. Should it be the desire of any person to have a grave opened and the body interred therein and perpetual care shall not have been previously contracted for or paid in full for the lot therein, the person may either pay the full purchase price for perpetual care or enter into a contract wherein payment shall be agreed.
2. The agreement shall provide for a down payment in the amount of twenty percent (20%) of the total purchase price of the cost of the lot, and shall further provide for the payment of monthly installments over a period not to exceed twelve (12) months. The monthly installments shall be in the amounts equal to the balance of the contract divided by the number of months which the contract is to run. No interest will be charged if the balance is paid within the twelve (12) month period. Outstanding balances will be charged six percent (6%) interest.
3. The installment contract for perpetual care of, or purchase of a lot with perpetual care, shall provide for collection by the city in event of a default and such collection shall be by civil action, and the defendant therein shall pay cost of collection, together with a reasonable attorney fees to the city, and shall also pay interest at the rate of eight percent (8%) per annum upon the past due installments. All installments shall immediately become due upon the default of any of the installments; provided, however, that when perpetual care for any lot in the city cemetery, or portion thereof, has not been paid for a period of one (1) year, then, and in such an event, the unused portion of the lot shall thereafter escheat to the city, and the title thereof shall revert to the city, which shall thereafter have the right, option and privilege to sell and dispose of unused cemetery property, as is in this chapter provided, upon condition that the city shall thereafter maintain perpetually without cost of fee the portion of the lot occupied by a grave or graves prior to the date when the remaining property did escheat to the city.
C. Fund Created; Use:
1. There hereby is established a perpetual care fund according to the laws of the state and this chapter. All funds received from the sale of perpetual care services shall be placed in a special perpetual care fund, invested in compliance with the laws of the state and used for the purposes herein provided.
2. The interest income from the perpetual care fund shall be transferred from the perpetual care fund into the general fund as deemed necessary by city council. (amd. Ord. 3-2010 8-18-10)
D. Duties Of Officials:
1. City Treasurer: It shall be the duty of the city treasurer to keep an accurate record of the perpetual care trust fund account, including investments, to see that the principal portion thereof is properly invested in accordance with resolution of the city council and the laws of the state.
2. Mayor: It shall be the duty of the mayor to direct the city treasurer in all investments and securities for the perpetual care fund. (Ord. 1-2006, 3-15-2006)
7-1-9 INDIGENTS:
A. The city council may by resolution designate a portion of the city cemetery to the burial of indigents. Whenever it is made to appear to the mayor, by proof submitted to him by the city recorder, that any person who has died does not have an estate sufficient to pay the purchase price of a lot in the cemetery, and that the nearest relative or representative of such deceased person desires to have the body of such deceased interred in the cemetery, the mayor may grant burial space for such deceased person at the request made to him by the city recorder.
B. The mayor shall communicate his decision to both the city recorder and the maintenance department. The mayor shall give report of his decision, whether affirmative or negative, to the city council at its next regular meeting. All strangers without funds or other persons who may die in the city may be granted the privilege granted herein. (Ord. 1-2006, 3-15-2006)
7-1-10 RULES AND REGULATIONS:
A. Authority To Regulate; Procedure:
1. The city council may promulgate by resolution such additional rules and regulations concerning the care, use, operation and maintenance of the cemetery as it shall deem necessary.
2. The mayor may, from time to time as the city council deems necessary, direct and publish a booklet of rules and regulations for the convenience of the purchasers of lots in the city cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall form a supplement to this chapter after they have been adopted as official by resolution of the city council.
B. Lots Sold: Every lot or single gravesite sold is subject to rules and regulations that have been or may be adopted. The rules and regulations shall be subject to such changes as are found necessary for the protection of lot owners, and the remains of the dead and the preservation of the cemetery.
C. Traffic Control:
1. The provisions of the city traffic ordinances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the cemetery, except as herein otherwise modified by this chapter.
2. It shall be unlawful for any person to ride or drive within the city cemetery at a speed greater than five (5) miles per hour.
D. Children: Children under the age of sixteen (16) years shall not be allowed in cemeteries unless accompanied by their parents or other adults, except for the purposes of attending authorized funerals or, in the company of adults, placing flowers on the grave of a deceased relative or friend, or performing any other customary evidence of respect in accordance with their religious principles. Youth who are employed by the city for maintenance work are permitted in the cemetery, under the supervision of the maintenance supervisor.
E. Animals: No animal shall be allowed in any cemetery, except in the confines of a vehicle and must be at all times retained within the confines of said vehicle while the vehicle remains at the cemetery.
F. Decorum: Cemetery grounds are sacredly devoted to the interment and repose of the dead. Strict observance of decorum due such a place shall be required of all persons.
G. Errors In Opening Graves: Under no circumstances will the city assume responsibilities for errors in opening graves when orders are given by telephone.
H. Veterans Monument: The veteran's name may be placed on the Veterans Monument after burial in the Huntington City Cemetery. Proof of military service is required. Names are updated annually and all attempts will be made for accurate information. Huntington City will not be responsible for errors. (Ord. 2-2016, 5-18-2016; Ord. 1-2006, 3-15- 2006)
7-1-11 CARE AND MAINTENANCE; RIGHT TO ENTER:
The city reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all lots and graves in its cemeteries. (Ord. 1-2006, 3-15-2006)
7-1-12 UNLAWFUL ACTS:
A. Injury To Property:
1. It is a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to tie or attempt to tie any horse, animal or motor vehicle to any monument, gravestone, tablet, marker, tree, shrub, fence or enclosure on the premises of the cemetery for the purpose of injuring, defacing or attempting the removal of the same.
2. It shall be an infraction, subject to penalty as provided in section 1-4-1 of this code, for any person to injure, deface, break, destroy or remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery. (Ord. 1-2006, 3-15-2006; amd. 2007 Code)
B. Landscaping By Private Persons:
1. It shall be unlawful for any person to erect or maintain any fence, corner post, coping or boundary of any kind, to place flagpoles, benches, to plant any shrubs or trees upon any lot or lots, street, alley or walkway in the cemetery, or to grade the ground or land thereof without first obtaining approval from the city council. The maintenance department shall, whenever required, furnish the true lines of any lot according to official survey, shall prevent and prohibit any markings of the same, except the official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land.
2. Existing flowers, shrubs and trees may be trimmed or removed as the city council may direct.
C. Grave Decorations:
1. Complete general cleanup of all flowers and grave decorations will be scheduled at the following times: the first Monday in April, for mowing to prepare for Memorial Day; seven (7) days after Memorial Day.
2. The city reserves the right to clean any and all gravesites, at their discretion, anytime they deem necessary.
3. Floral Pieces; Displays: Floral pieces, displays or items not attached to a headstone may be placed three (3) days before city established holidays and birthday of the deceased. All items must be removed seven (7) days after city established holidays, birthday of deceased and burial day. Huntington City is not responsible for any missing items. No candles or open flames may be left in the cemetery unattended at any time. (Ord. 2-2016, 5-18-2016; Ord. 1-2006, 3-15-2006)
D. Memorial Day Rules and Regulations:
1. Decorations may be placed the immediate Friday before Memorial Day. All decorations not attached to a headstone must be removed from the cemetery by ten o'clock (10:00) P.M. on the first Sunday following Memorial Day.
2. No vehicle shall drive on any grass area in the cemetery. Vehicles may not park on roadways blocking traffic. (Ord. 6-2017, 6-21-2017)