(A) The grounds which have heretofore been laid out into lots, platted and now used for a public cemetery and known as “Montrose Cemetery” shall be continued in use for that purpose and known by that name.
(B) The lots in said cemetery remaining unsold, shall be sold at the rate as set out in § 38.01 of this code of ordinances. The funds received from the sale of lots in Montrose Cemetery shall be deposited with the City Treasurer and shall be used for the operation and maintenance of the cemetery.
(C) Any person desiring to purchase any of the lots shall pay the price thereof to the City Clerk/Finance Director and shall receive a conveyance of the lot so purchased, executed by the Mayor and attested by the City Clerk/Finance Director under the seal of the city; conveying to such purchaser the exclusive use of such lot for the purposes as herein provided, and subject to the control of the City Council; of which conveyance the City Clerk/Finance Director shall keep record, and whenever a sale of any lot shall be made, the City Clerk/Finance Director shall immediately write in ink the name of the purchaser on the plat of the cemetery, which shall be kept on file in the City Clerk/Finance Director’s office.
(D) The appointment of a Cemetery Sexton shall be at the option and sole discretion of the City Manager. Terms and conditions of employment shall be fixed by the City Manager. The Cemetery Sexton shall be the superintendent of the cemetery, subject to the control of the City Manager, and shall, when requested by the City Council, report to the City Council the name, the date of internment, age and place of residence and demise, if known, of each person interred and shall return therewith all burial permits hereinafter provided. The Cemetery Sexton shall have general supervision over the cemetery and shall keep the same in repair. He or she shall have the sole right of digging, and it shall be his or her duty to dig all graves therein upon receiving the burial permit of the City Clerk/Finance Director authorizing him or her to do so, as hereinafter provided. He or she shall receive for his or her services a sum to be fixed by the City Council at the time of fixing salaries and wages of other employees.
(E) Any person desiring to have any person interred in the cemetery shall first obtain from the City Clerk/Finance Director a burial permit. All graves dug within the cemetery that are three feet long shall be a depth of not less than four feet, and all other graves not less than six feet.
(F) The City Manager is authorized and empowered to plant and maintain shade trees, lay out, improve and keep in repair walks and drives, and to make general improvements in said cemetery as may be deemed proper and necessary.
(G) Any person who does not follow the prescribed regulations shall be subject to a fine as set out in this chapter:
(1) Cemetery hours shall be from dawn to dusk;
(2) Maintain a respectful attitude and volume, and refrain from any loud, obscene or profane language;
(3) Speed limit shall be five mph;
(4) Keep the cemetery clean by using the trash cans provided;
(5) No recreational use of cemetery (bicycles, roller blades, skates or other recreational modes of transport are prohibited);
(6) No food or drink;
(7) Do not plant any flowers or trees;
(8) Dead or wilted plants may be removed by maintenance;
(9) Do not walk on freshly covered graves;
(10) Do not write upon, break or otherwise deface or damage any stone, marker, monument or other structure;
(11) No pets except on a leash. Owners are expected to clean up after their animals;
(12) Hunting is prohibited; discharge of fire arms except for military services is prohibited; and discharge of fireworks is prohibited.
(H) There shall be a fee per grave opening, as set out in § 38.01 of this code of ordinances, plus the actual cost of the Cemetery Sexton or grave opener.
(2000 Code, § 92.02) (Ord. 789, passed 6-11-1974; Ord. 2124, passed 2-9-1988; Ord. 2301, passed 1-12-1993; Ord. 2408, passed 6-11-1996; Ord. 3186, passed 11-13-2018) Penalty, see § 92.99