(A)   CEMETERY MANAGEMENT shall mean the City Commission, or its duly hired/appointed designee, the Cemetery Sexton.
   (B)   Further, the City Commission shall hire or retain a person or entity to open and close all graves within the cemeteries.
   (C)   The rights and responsibilities of cemetery management shall be as follows.
      (1)   Cemetery management reserves the right to compel all persons in the cemetery to obey all rules and regulations.
      (2)   Cemetery management shall take reasonable precautions to protect the property rights of owners within the cemeteries from loss or damage, but disclaims all responsibility for loss or damage from causes beyond its reasonable control. Loss or damage beyond reasonable control includes, but is not limited to:
         (a)   Damage caused by the elements (acts of God);
         (b)   Damage caused by vandals or malicious mischief makers;
         (c)   Damage caused by explosions;
         (d)   Damage caused by military or civil authority;
         (e)   Losses by theft (thieves); and/or
         (f)   Damage caused by normal cemetery operations and use of equipment.
      (3)   Cemetery management shall take proper action for any damage occurring due to negligence on the part of any cemetery personnel.
      (4)   Cemetery management shall have the right to correct any errors made during interment, disinterment, transfer, conveyance or sale of grave lots. Errors may be corrected by, but not limited to:
         (a)   Substituting other interment rights of equal value and similar location as near as possible;
         (b)   The disinterment/re-interment of remains to the correct/right burial lot (with proper disinterment/re-interment permit); or
         (c)   Issuing a new corrected deed to the owner upon retrieval, and voidance of the incorrect deed.
      (5)   If any memorial, inscription or structure whatsoever is found to be offensive, it shall be the duty of cemetery management to initiate any action necessary for the removal, change or otherwise correct the offensive object or inscription.
      (6)   The management reserves the right to cross over and/or place equipment upon any properties within the cemeteries as deemed necessary to accomplish all duties associated with services provided.
      (7)   Cemetery management reserves the right to temporarily remove any memorial if deemed necessary to gain access to work areas. Any memorial moved shall be placed back in its original position as quickly as reasonably possible.
      (8)   Cemetery management reserves the right to prune, cut-back or remove any tree, shrub or herbage that is or becomes detrimental to adjacent lots and roadways, or is prohibiting access and preparation of grave sites. Cemetery management shall use every available means to avoid permanent damage or destruction to any tree, shrub or herbage, but disclaims all liability or responsibility for the replacement and/or cost of any plants destroyed due to necessary and/or normal work procedures.
      (9)   Cemetery management reserves the right to remove any dead tree, shrub or herbage in order to protect and preserve the beauty and appearance of the cemetery.
(Ord. 620.2-11-2007, passed 11-26-2007)