All cemeteries and burying grounds without the city and within 3,000 feet of the city limits are hereby made subject to the provisions of this section.
(a) The person controlling or operating such cemeteries shall file with the director of public health a written application to operate such cemetery or burying ground. It shall be unlawful for such cemetery or burying ground to thereafter operate, and it shall be unlawful for anyone to be buried in such cemetery, unless such application shall be made.
(b) Such application shall state,
(1) a description of the cemetery by metes and bounds and, if part is without the city and within 3,000 feet of the city, such part shall be described as above,
(2) the name of the person controlling or operating the cemetery,
(3) the sexton in immediate charge of same.
(c) The director of public health shall forthwith examine such cemetery and, if same is conducted in a sanitary manner and is not injurious to the health and comfort of the inhabitants of the city, a permit to continue the operation of such cemetery shall be issued by the director of public health. If the operation of such cemetery is unsanitary and if it is likely to injure the public health or inconvenience the public comfort of the inhabitants of the city, such permit shall be refused. If same is refused, the applicants may renew their application to the city council whose action thereon shall be final.
(d) No new cemetery or part thereof shall be opened in such territory, or the limits of any cemetery extended, unless application is made direct to the city council, and their authority obtained.
(e) Any cemetery in such territory shall, at all times, be in the charge of a competent sexton who shall be present at such cemetery during all reasonable hours of the day. The sexton shall keep an accounting of all burials, the location of the graves by record book and plat map, the names of the persons buried and the names of the persons arranging for the burial.
(f) No person shall ever bury a deceased person in any cemetery in such territory, or any part of a cemetery if the part of a cemetery is in such territory, unless the cemetery or part thereof in such territory shall be operated in full compliance with this chapter. No person shall bury any deceased person in any grave that is not excavated to a depth of at least five feet below the surface of the ground, except that persons may be buried in burial vaults or tombs erected in such territory.
(g) The limits of any cemetery lawfully operating in such territory shall never be extended unless authority is obtained from the authorities of the city. (Code 1941, Art. 16-1; Ord. 7800)