Chapter XII · Public Property

Article 5. Cemeteries

Sections 12-501 to 12-534 · 34 sections

12-501 Name.

The City's cemeteries shall be known as “Greenwood Cemetery” and “Sunnyslope Memorial Garden.”

(Code 1981; Code 2019)

12-502 Cemetery department.

The cemetery shall be managed and maintained by the governing body, such other officers and employees of the city whose duties shall be related to the care of the cemetery and custody of funds coming to the city for use of the cemetery.

(R.O. 1958, Sec. 5-102)

12-503 Records.

The city clerk shall have the custody 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 shall collect and account for cemetery funds from the sale of lots or received from other sources and shall issue all cemetery deeds and permits as authorized by law or ordinance.

(Code 1981)

12-504 Sexton.

The sexton, under the supervision and direction of the governing body shall have charge of the care, upkeep and maintenance of the cemetery ground of the city and all work therewith.

(Code 1981)

12-505 Lot prices.

(a)Lot prices in Greenwood Cemetery are hereby established as follows:

Full lot - $300;

One-half lot - $150; One-fourth lot - $75;

Individual burial tracts - $25.

(b)Lot prices in Sunnyslope Memorial Garden are hereby established as follows:

Full lot - $200.

Individual burial plot - $50.

(c)The city clerk shall issue certificate of ownership and deed, same not to be issued until full settlement has been made.

(Ord. 1712; Code 1988)

12-506 Limitations.

No transfer of the title of any lot shall be valid without the prior approval of the governing body and the recording of the transfer by the city clerk upon the payment of a fee of $1.

(Code 1981)

12-507 Annual maintenance fee.

Annual maintenance fee for lots is:

Full lot - $10;

Three-fourths lot - $8;

One-half lot - $6;

One-fourth lot, or less - $4.

(Code 1988)

12-508 Burial permit.

There shall be no burial permitted without a burial permit and the grave opening permit secured from the city clerk. In cases of extreme emergency the sexton may issue a grave opening permit. No burial or grave opening permit shall be issued until the payment of the lot or burial plat has been made.

(Code 1980)

12-509 Perpetual endowment fund.

(a)Upon the purchase of any lot or burial tract for Greenwood Cemetery or Sunnyslope Memorial Garden, all persons must deposit in the perpetual endowment fund the amount of $50 per grave site purchased.

(b)The principal of the funds paid to the perpetual endowment fund shall not be used or depleted. The interest on the investment is to be spent for maintenance on the cemetery lots for which the deposits were made. Funds shall be invested only in state, federal or municipal investments.

(c)The city clerk shall issue a certificate to any person for payment of the perpetual endowment fund and the amount will not be refunded and shall become the absolute property of the city.

(Ord. G-82, Sec. 2; Code 2019)

12-510 Use of lots.

The lots in said cemeteries shall not be used for any other purpose than as a place for the burial of human remains, and all interments and lots shall be restricted to the immediate family of the owner or members of his household, unless special permission has been obtained in writing from the lot owner, in which case such written permission shall be attached to the Certificate of Interment. A burial space is set aside for inte1ment of the remains of one (whole) human in a given space and (1) of cremated human remains on the same site.

(R.O. 1958, Sec. 5-111; Ord. 1877; Code 2019)

12-511 Sections.

The governing body may designate sections of the cemetery for persons not financially able to secure burial lots. The title to such section or sections shall remain in the city.

(R.O. 1958, Sec. 5-112)

12-512 Supervision.

The governing body may at its discretion limit the number of lots to any one individual, firm or corporation and the governing body shall control the fencing, curbing and opening and elevation of lots, together with the planting of shrubbery and trees thereon.

(R.O. 1958, Sec. 5-113)

12-513 Grave openings.

No one but the sexton shall be permitted to open a grave unless an emergency exists and this provision is waived either by the governing body at a regular or special meeting or by the majority of the cemetery committee.

(a)The fee for opening and closing of a grave is as follows:

(1)The owner or original purchaser of a grave site who has made payment in the perpetual endowment fund shall be as follows:

Adult - $200;

Child - $135;

Adult or Child if cremated - $60.

(2)If the owner or original purchaser of the grave site has not made an investment in the perpetual endowment fund then the fee to be charged is as follows:

Adult - $250;

Child - $185;

Adult or Child if cremated - $110.

(b)The city clerk upon collection of a fee for any grave opening for which the perpetual endowment fund has not previously been paid, shall place into the perpetual endowment fund the amount of $50 from the proceeds collected from the grave opening.

(Ord. G-82, Sec. 3; Ord. 1845; Code 2019)

12-514 Reopening graves; disinterment; permit; fees.

The following regulations shall govern the reopening and disinterment of graves:

(a)Any person desiring to reopen any grave in the municipal cemetery to disinter or remove a body therefrom shall first obtain a permit therefor from the state board of health, and second, a permit from the city clerk upon proper application and payment of the deposit required by this article. The application and permit shall set forth the number of the lot, block and addition on which the grave is situated, the name of the person buried, the time of such burial and the place where such body is to be reburied.

(b)The fee for reopening a grave and removing a body therefrom shall be the actual cost to the city for the work done plus an amount equal to 10 percent of the actual cost. The applicant for such permit shall, before the same is issued, pay a deposit to the city clerk equal to twice the regular burial permit fee to assure full payment of the permit fee herein provided.

(c)The reopening of such grave and removal of such body shall be under the supervision of the street superintendent who, upon completion of the work, shall cause a return of the permit to the city clerk with a statement of the charges incurred in accordance with the provisions of this article, and the city clerk shall return any unused portion of the deposit to the applicant; provided, that in case the actual cost (plus 10 percent) to the city in opening such grave and removing such body therefrom is in excess of the deposit, the applicant shall pay the city clerk the additional amount in excess of the deposit.

(d)When the applicant proposes a reinternment in another lot in the cemetery, a service charge shall be paid in the amount required for an original interment, in addition to the disinterment permit fees as provided for herein.

(e)An order of the district court or the judge thereof, for the exhumation of the body of a deceased person shall be sufficient application for a permit hereunder, and in such case no deposit shall be required, but the cost of such exhumation shall be a claim against the board of county commissioners.

(R.O. 1958, Sec. 5-114; Ord. 1712; Code 2019)

12-515 Rubbish.

It shall be unlawful for any person to dispose of any rubbish, trash or waste materials or debris of any kind in the cemetery.

(Code 1981)

12-516 Property damage.

It shall be unlawful for any person to remove, molest, injure, mar, deface, throw down or destroy any headstone, monuments, marker, tomb, vault, mausoleum or decoration on any cemetery lot, or to open, disturb or molest any grave.

(R.O. 1958, Sec. 5-303)

12-517 Trees.

It shall be unlawful for any person to cut, injure or destroy any trees, shrubs or other plants growing in said cemetery.

(Code 1981)

12-518 Animals.

It shall be unlawful for any person to picket or graze any livestock within the cemetery.

(R.O. 1958, Sec. 5-305)

12-519 Hours.

It shall be unlawful for any person to be in Greenwood Cemetery between the hours of 10:00 p.m. and 6:00 a.m. unless they are officially dead.

(Ord. 1571, Sec. 1)

12-520 Name.

The cemetery and cemetery grounds located outside of the city limits in the northeast quarter of Section 12, Township 16 South, Range 8 East in Morris County, Kansas shall be known as the Sunny Slope Memorial Gardens.

(Ord. 1712, Sec. 1)

12-521 Cemetery department.

The cemetery shall be managed and maintained by the governing body, such other officers and employees of the city whose duties shall be related to the care of the cemetery and custody of funds coming to the city for use of the cemetery.

(Ord. 1712, Sec. 1)

12-522 Records.

The city clerk shall have the custody 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 the sale of lots or received from other sources and shall issue all cemetery deeds and permits as authorized by law or ordinance.

(Ord. 1712, Sec. 1)

12-523 Maintenance.

The maintenance person, under the supervision and direction of the governing body shall have charge of the care, upkeep and maintenance of the cemetery ground of the city and all work therewith.

(Ord. 1712, Sec. 1)

12-524 Burial permit.

There shall be no burial permitted without a burial permit secured from the city clerk. In cases of extreme emergency, the city clerk may issue a grave opening permit. No burial or grave opening permit shall be issued until the payment of the lot or burial plat has been made.

(Ord. 1712, Sec. 1)

12-525 Sale of lots.

All lots shall be sold for such sums in each case as may be fixed thereon from time to time by the governing body. All lots must be paid for in full by the purchaser at the time of purchase. No lot or lots shall be used as a burial place until the purchase money shall have been paid and the purchaser shall have received a deed therefor. Upon the presentation to the city clerk of the purchase money, there shall be issued to the purchaser a certificate of such purchase under the seal of the city, which certificate shall be signed by the mayor and countersigned by the clerk, and such certificate so signed as aforesaid shall convey the estate which, by law in such case made and provided, is intended to be conveyed for the sole purpose of interment. All lots and burial plats are to be recorded with the register of deeds office.

(Ord. 1712, Sec. 1)

12-526 Transfer of lots.

For the purpose of preventing profiteering in dealing in cemetery burial lots, it is hereby declared to be necessary that certain restrictions be placed upon the resale of lots. No person shall have a right to sell or otherwise dispose of any burial lot or lots which are acquired in the municipal cemetery or any additions thereto subsequent to the effective date of this article to any person without first offering the burial lot or lots to the city at the same price at which the lot or lots were first acquired from the city. The city shall have the right to purchase the lot or lots at the price for which the lot or lots were originally sold and shall within seven days after the lot or lots were offered to the city either purchase the lot or lots or reject the same.

(Ord. 1712, Sec. 1)

12-527 Perpetual endowment fund.

Upon the purchase of any lot or burial plot of Sunnyslope Memorial Gardens, all persons must deposit in the perpetual endowment fund the amount of $50 per grave site purchased.

(Ord. 1748, Sec. 2)

12-528 Restrictions.

Lots and portions thereof shall be sold for the purpose of human interments only.

(Ord. 1712, Sec. 1)

12-529 Sections.

The governing body may designate sections of the cemetery for persons not financially able to secure burial lots. The title to such section or sections shall remain with the city.

(Ord. 1712, Sec. 1)

12-530 Supervision.

The governing body may at its discretion limit the number of lots to any one individual, firm or corporation and the governing body shall control the fencing, curbing and opening and elevation of lots, together with the planting of shrubbery and trees thereon.

(Ord. 1712, Sec. 1)

12-531 Monuments.

No person shall place a monument or headstone upon any lot in the municipal cemetery without first securing a permit from the city clerk. The design, specifications and location of monuments shall be subject to the approval of the street superintendent and all monuments and headstones must be placed upon a 4 inch thick reinforced concrete base. The top of the base shall be at least eight inches wider than the stone on all four sides, not to exceed four feet square per grave site. Footstones shall meet the same requirements as monuments; temporary grave markers shall not be allowed to remain in the cemetery past six months. Any marker with a base of more than one subscription shall be considered a monument. There will be no charge of a permit on government issued markers, but a permit must be secured from the city clerk. No monument work shall be permitted until the person setting the stone shall present to the maintenance person a valid permit for such work, signed by the city clerk or his or her agent. Also, monument work will be allowed on Saturdays, Sundays or holidays only with the permission of the street superintendent. No corner stones will be allowed.

(Ord. 1814, Sec. 2)

12-532 Regulations.

The following rules and regulations shall govern the use of the cemetery:

(a)It shall be unlawful for any person or persons to mar or injure or destroy any trees, grass, shrubbery, walks, streets, monuments or other property in or about the cemetery grounds or break open any gates or fences around or in the same.

(b)The regularly designated entrance gates shall be the sole and only means of entering and leaving the municipal cemeteries. It shall be unlawful for any person or persons to trespass on the property of the municipal cemeteries.

(c)The regularly enforced city traffic regulations shall be enforced in the municipal cemetery except that the speed limit shall not exceed 12 m.p.h.

(d)The placing of cut flowers or plastic flowers over individual graves shall be permitted; however, the city shall not be responsible for the care of such flowers or the containers in which they are placed. Further, the city shall remove, without notice, all artificial flowers and containers that remain over 10 days and all cut flowers and containers that remain over five days.

(e)No fence, hedge curb or planting of any kind around any lot or piece of ground in the Sunnyslope Memorial Gardens will be permitted.

(f)It shall be unlawful for any person or person to enter or be upon the ground of the municipal cemetery with firearms of any description in their possession; provided, that the provisions of this subsection shall not apply to officers of the law nor to members of the armed forces of the United States in the discharge of their duties.

(g)Children under the age of 14 years are hereby prohibited from the municipal cemetery, except when accompanied by an adult responsible for their conduct.

(h)It shall be unlawful for any person or any agent for any person to move or attempt to move any body interred in the municipal cemeteries without first applying to the city clerk for permission to do so.

(i)All burials in the cemeteries shall be made in graves excavated to a depth of at least five feet. Exceptions shall be made in case of graves for infants of the age of 12 months and under and for ashes, when such graves may be excavated to a depth of not less than four and one-half feet. No part of the burial container (box or vault) shall extend above the surface of the ground; provided, that internments may be made in lawfully constructed mausoleums by special permit of the governing body. All burials shall be in nothing less than a two piece concrete container.

(j)It shall be unlawful for any person to dispose of any rubbish, trash or waste materials or debris of any kind in the cemeteries.

(k)It shall be unlawful for any person to picket or graze any livestock within the cemetery.

(l)It shall be unlawful for any living person to be in the municipal cemeteries between the hours of 10:00 p.m. and 6:00 a.m. with the exception of law enforcement officers in the conduct of their regular duties.

(Ord. 1712, Sec. 1)

12-533 Number of persons interred in one grave.

Use of Lots: The lots in said cemeteries shall not be used for any other purpose than as a place for the burial of human remains, and all interments and lots shall be restricted to the immediate family of the owner or members of his household, unless special permission has been obtained in writing from the lot owner, in which case such written permission shall be attached to the Certificate of Interment. A burial space is set aside for interment of the remains of one (whole) human in a given space and (1) of cremated human remains on the same site.

(Ord. 1877; Code 2019)

12-534 Care and maintenance of cemeteries.

(a)Rules and Regulations. The City of Council Grove hereby establishes rules and regulations concerning the maintenance and upkeep of private cemetery lots owned by private individuals but located in cemeteries maintained and operated by the City of Council Grove, Kansas.

(b)Public Officer - Notice to Remove. The Mayor with the consent of the Council shall designate a public officer to be charged with the administration and enforcement of this article. The Public Officer or any authorized assistant shall notify in writing the owner, next of kin, heir or agent in charge of any cemetery lots in the City cemeteries where repairs or improvements or removal of structures may be required.

(1)The owner, next of kin, heir or agent in charge of the property is in violation of the Ordinance if he or she should fail or refuse to comply with repair or improvement of the cemetery lot as prescribed by the Public Officer in charge.

(2)The owner, next of kin, heir or agent in charge of the property shall be ordered and directed to meet certain requirements as set out by the Public Officer to comply with the maintenance, improvement or repair of the cemetery lot and such repair, replacement or improvement is to be made within ten days of the receipt of the notice.

(3)The owner, next of kin, heir or agent in charge of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice.

(4)If the owner, next of kin, heir or agent in charge of the property does not make such improvement, repair or maintenance as requested by the Public Officer then the City is authorized to make such repairs, improvements or removal and the cost of the same including reasonable administrative fees will charged against the owner, next of kin, heir or agent in charge of the property.

(5)The owner, next of kin, heir or agent in charge of the property will be given the opportunity to pay the assessment, and, if not paid, it may be added to the property tax as a special assessment on the property or may be enforced in a Court of law either in the way of a judgement or injunction.

(6)No further notice shall be given prior to the repair, replacement or removal as set forth in the notice by the Public Officer.

(7)The Public Officer should be contacted for any questions regarding the order.

(c)Notice. If there is a change in the record owner, next of kin, heir or agent of title to the property subsequent to the giving of the notice pursuant to this subsection the City may not recover any costs or levy assessment for the cost incurred unless the new record owner of title of such property is provided notice as required by this section.

(d)Failure to Comply. Failure of the owner, next of kin, heir or agent in charge of the property is to comply with the terms and conditions herein and after having received notice as set forth herein can also be charged in Municipal Court for violating this section.

(Ord. 1852; Code 2019)