(A) Rules and regulations.
(1) Persons within the cemetery shall use only the walkways and roads, and no one is permitted to walk upon or across lots or lawns unless it be necessary to do so to gain access to one's own lot.
The cemetery expressly disclaims liability for any injuries sustained by anyone violating this rule.
(2) Persons visiting the cemetery or attending funerals are strictly prohibited from picking flowers, wild or cultivated, breaking or injuring any tree, shrub, or plant, or from writing upon, defacing or injuring any memorial, fence or other structure within the cemetery grounds.
(3) The following traffic conditions are prohibited:
(a) The driving of motor vehicles through the cemetery at a speed in excess of 15 miles per hour.
(b) Driving or riding any vehicle, or animal across or upon any grave, lot or lawn or parking or leaving the same thereon.
(c) Parking or leaving any vehicle on any road or driveway within the cemetery at such location or in such position as to prevent any other car or vehicle from passing the same.
(d) Making a complete or partial reverse turn of any motor vehicle on any road or driveway within the cemetery. Motor vehicles must continue forward to the next intersection of the drive before changing direction of progress.
(4) Throwing rubbish on the drives and paths, or any part of the grounds is prohibited.
(5) Decorating of gravesites.
(a) The installation, fencing, hedging border or enclosures of any kind around a burial lot or gravesite is prohibited. The placement of gravel, mulch, sand or other such materials shall not be permitted.
(b) No item shall be placed on the ground surrounding the gravesite foundation between the dates of April 1 and November 30, same being the mowing season of the cemetery, with the exception of permitted items mentioned below regarding special holidays. The only items permitted during the mowing season shall include vases that are integral to the monument and placed on the monument foundation, monument saddles, and small statues permanently affixed to the concrete foundation or memorial base. Further memory lights shall also be permitted during the mowing season, lights made of metal may be placed on the ground as close to the base of the monument as possible so as not to restrict or hinder the mowing of the graves. Lights made from any other materials (i.e. plastics) shall only be permitted if placed on the actual gravestone or memorial. In no event shall the placing of a memory light at a gravesite require special maintenance or care or cause difficulty in mowing or maintaining the gravesite or create a safety hazard for employees.
(c) Vases, urns, and angel statues shall not exceed 36 inches but may be placed at the site of a headstone on the monument foundation provided there is sufficient space for same. Such vases and/or urns must be placed on cement or a concrete foundation which are flush with the ground and not in the mowing path or on the base which the headstone rests upon. Such vases and/or urns or statues shall be reasonably secure to prevent becoming dislodged or causing a safety hazard to employees performing mowing duties. Foot stones must be flush with the ground so that they may be mowed over. No glass or breakable container shall be permitted. No metal cans, wire hooks or spikes shall be permitted.
(d) 1. Flowers and decorations may be placed on the ground two calendar days prior to the following holidays:
i. Easter;
ii. Mother's Day; and
iii. Father's Day.
2. All such flowers and decorations placed on the ground shall be removed by the owners not later than two calendar days following Easter, Mother's Day and Father's Day. Flowers and decorations may be placed on the ground two calendar days prior to Memorial Day and shall be removed by the owners not later than seven days following Memorial Day.
(e) One shepherd's crook per grave may be placed on a gravesite two calendar days prior to Easter, Mother's Day, Memorial Day, and Father's Day. The owner shall remove the shepherd's crook no later than the seventh calendar day following Memorial Day and no later than two calendar days following Easter, Mother's Day, and Father's Day. Shepherd's crooks shall not be decorated with any material, including ribbons, balloons and other such items. Shepherd's crooks shall not exceed a height of 54 inches above the ground and be substantially constructed to remain perpendicular to the ground. Any shepherd's crook not removed by the owner within the allowable time will be removed by cemetery personnel and held for 30 calendar days at the maintenance building area to be claimed by the owners. Items will be discarded after the 30 calendar days holding period. All flowers and decorations permitted for special holidays, as addressed above will be removed by the cemetery personnel after the allowable time has expired if they have not been removed by the owner.
(f) Grave blankets shall be allowed on gravesites between November 30 and March 1. All hooks or spike devices used to secure the blanket to the ground shall be secured to the blanket so that same may not become dislodged from the blanket or fall loose upon cemetery grounds. Such method of securing the blanket to the ground shall not include chain, wire or other materials which are metallic or would cause a danger to those maintaining the property.
(g) 1. If a gravesite is unmarked and no monument appears thereon, the grave marker as provided by the funeral service will be allowed plus one of the following:
i. A temporary cross;
ii. An urn with flowers; or
iii. An appropriate statue.
2. None of the above shall be more than 36 inches in height and must be removed when the permanent grave marker is placed. All such urns or statues shall be placed on a flat concrete slab and secured so same may not be dislodged. All rules regarding special holidays (Easter, Memorial Day, Mother's Day, and Father's Day) shall remain in effect for unmarked graves as well marked graves.
(h) The cemetery superintendent shall prepare an informational packet which includes these rules and all other rules associated with the Westlawn Addition to the South Mound Cemetery. These shall be made available to members of the public upon request and shall be delivered to any purchaser of a gravesite at the time of said purchase. Signage shall be posted and maintained at the cemetery entrance containing the basic rules for behavior in the cemetery and rules regarding decorations.
(i) That decorations not specified above shall not be allowed to be placed on gravesites. This includes the placing of boxes, shelves, toys, metal designs, ornaments, chairs, settees, pumpkins, Easter egg trees, and other such items.
(j) In the event any decorations are placed upon gravesites contrary to these rules, the management may remove such decorations and discard same and shall have no responsibility to the owner or any third person for said items improperly placed on gravesites.
(6) It is of the utmost importance that there should be strict observance of the proprieties in the cemetery. All persons within the cemetery should avoid conduct unbecoming a sacred place. The following actions are expressly forbidden:
(a) Loud or boisterous talking.
(b) Idling or loafing on grounds.
(c) Bringing lunches or refreshments into the cemetery or consuming them on the grounds.
(d) Peddling or soliciting the sale of any commodity within the cemetery.
(e) Placing of signs, notices, or advertisements of any kind within the cemetery.
(f) Bringing unleashed dogs into the cemetery.
(7) Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The superintendent, therefore, reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, without notice, when in the judgment of the superintendent such action appears necessary; and such temporary exception, suspension, or modification shall in no way be construed as affecting the general application of such rules and regulations.
(8) No lot shall be used for any other purpose than for the burial of the human dead.
(9) The management will take all reasonable precautions to protect lot owners, and the property rights of lot owners, within the cemetery, from loss or damage; but the management distinctly disclaims all responsibility for loss or damage caused beyond its reasonable control, and, especially, from damage caused by the elements, an act of God, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(10) It is the duty of the lot owner to notify the management of any change in his address. Notice sent to a lot owner at the last address on file in the office of the cemetery shall be sufficient and proper legal notification.
(11) The general care of the cemetery is assumed by the city and includes the cutting of the grass at reasonable intervals, the raking and cleaning of the grounds, and the pruning of shrubs and trees that may be placed by the management; meaning and intending the general preservation of the lots and grounds, walkways, boundaries, and structures, to the end that the grounds shall remain and be reasonably cared for as cemetery grounds, forever.
(12) The general care assumed by the cemetery shall in no case mean the maintenance, repair, or replacement of any memorial, tomb, or mausoleum placed or erected upon lots, nor the doing of any special or unusual work in the cemetery, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any marble, granite, bronze, or concrete work on any section or lot, or any portion thereof in the cemetery, caused by the elements, an act of God, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(13) No interment, other than that of an immediate relative or heir of the lot owner, may be made in any lot without written consent of the lot owner.
(14) No interment in excess of two or more bodies shall be made in one grave except in the case of cremains.
(15) All burials must be made in outside containers approved by the superintendent according to specifications. (life and load, 30 years, 3,000 pounds)
(16) The right is reserved by the management to insist upon at least 24 hours notice prior to any interment for normal working hours (Monday through Friday). Interments directly following a weekend or holiday could possibly take longer; management will always try to work with the funeral home making arrangements to keep all delays at a minimum.
(17) All charges must be paid before interment. Burial permits must also be in order and in possession of cemetery before interment.
(18) Besides being subject to these rules and regulations, all interments, disinterments, and removals are made subject to the orders and laws of the properly constituted public authorities.
(19) The cemetery will not be responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, lot, and section, size of grave, where interment is desired.
(20) The management reserves the right to remove all floral designs, flowers, weeds, trees, shrubs, plants, or herbage of any kind, from the cemetery as soon as they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the standards prescribed by the management.
(21) The management will not be liable for floral pieces, baskets or frames in which such floral pieces are attached beyond the acceptance of such floral pieces for funeral services held in the cemetery.
(22) Lot owners may erect proper memorial work on their respective lots subject to the approval of the management. All memorials shall be set on foundations built of concrete, and of the size and depth prescribed by the management.
(23) The cemetery disclaims liability for any errors in the placement of markers and memorials and their foundations that are not installed by the cemetery.
(24) Approaching the bereaved, and soliciting memorial business, within the cemetery, is not permitted.
(25) Persons engaged in erecting monuments or other structures, are prohibited from attaching ropes to monuments, trees, and shrubs, or from scattering their material over adjoining lots, or from leaving their material on the grounds longer than is absolutely necessary. They must do as little injury to the grass, trees, and shrubs as possible, and must remove all debris and restore the ground and sod to its original condition.
(26) When heavy material is to be moved over paths or grass, planks must be laid for protection.
(27) The right is reserved by the management, to refuse to permit such work, unless the grounds are thoroughly settled and in good condition.
(28) While a funeral or interment is being conducted nearby, all work of any description must cease.
(29) Should any memorial become unsightly, dilapidated, or a menace to life and limb, the management will notify parties to correct or remove same. Any cost incurred shall be at the expense of the lot owner.
(30) On placing a stone or monument that takes a departure from the present and established types; (such as specialized themes, extreme size, and the like), must first be approved by the cemetery management and the cemetery committee.
(31) Special care and maintenance of lots may be done with prior permission of the cemetery superintendent.
(B) Charges and fees. The following charges and fees are established for the Southmound Cemetery and the Westlawn Addition thereto.
(1) Lot prices.
(a) Each gravesite without a foundation shall be priced at $650.
(b) Each gravesite with a foundation shall be priced at $850.
(c) Costs of space in “baby land” shall be $125.
(2) Opening and closing fees.
(a) In-ground burial: $650.
(b) In-ground cremains: $350.
(c) Burial in “baby land”: $150.
(3) Miscellaneous.
(a) Saturday burials:
1. Cremains opening and closing before noon: $400.
2. Opening and closing of cremains after 12:00 p.m.: $500.
3. Burials before noon: $950.
4. Burials after 12:00 p.m.: $1,000.
(b) No Sunday or holiday burials shall be permitted.
(c) A late fee charge of $250 shall be assessed for any payment not timely made pursuant to this chapter.
(C) Perpetual maintenance (escrow fund).
(1) The fund. A non-reverting interest accruing fund is hereby established to provide resources for the perpetual maintenance, capital improvement and expansion of South Mound Cemetery and the West Lawn Addition thereof.
(2) Minimum balance. There shall be no minimum balance in the corpus of said perpetual maintenance non-reverting fund. However, the use of said fund is limited to the maintenance, capital improvement, and expansion of the South Mound Cemetery and the West Lawn Addition thereof.
(D) Plat changes.
(1) Buyers shall be allowed to purchase any number of single spaces (without having to purchase the entire lot) within the following lots:
(a) Block A.
1. Section 1, Lots 61 through 77, spaces 1 through 4.
2. Section 2, Lots 40 through 48, spaces 1 through 4.
3. Section 3, Lots 40 through 48, spaces 1 through 4.
4. Section 4, Lots 62 through 77, spaces 1 through 4.
5. Section 5, Lots 74 through 92, spaces 1 through 4.
6. Section 6, Lots 51 through 55 and 57 through 61, spaces 1 through 4.
7. Section 7, Lots 51 through 61, spaces 1 through 4.
8. Section 8, Lots 75 through 92, spaces 1 through 4.
(b) Block B.
1. Section 1, Lots 64 through 77, spaces 1 through 4.
2. Section 2, Lots 40 through 48, spaces 1 through 4.
3. Section 3, Lots 40 through 48, spaces 1 through 4.
4. Section 4, Lots 61 through 77, spaces 1 through 4.
5. Section 5, Lots 74 through 92, spaces 1 through 4.
6. Section 6, Lots 50 through 61, spaces 1 through 4.
7. Section 7, Lots 51 through 61, spaces 1 through 4.
8. Section 8, Lots 74 through 81 and 83 through 92, spaces 1 through 4.
(2) Individuals purchasing the lots designated in division (D)(1) above shall be allowed to place an upright marker on each space purchased.
(E) Monument restrictions.
(1) First two outside rows are restricted to flush stones.
(2) All other grave lots, regardless of size, are restricted to one upright stone. Each space within the lot may have a flush marker.
(3) For monuments of a special nature refer to division (A)(30).
(4) The following size restrictions on upright markers shall be enforced:
(a) For single spaces, 42-inch width.
1. Maximum foundation length, 40 inches.
2. Maximum memorial base width, 12 inches.
3. Maximum memorial height, 30 inches.
(b) For double spaces, 84-inch width.
1. Maximum foundation length, 80 inches.
2. Maximum memorial base width, 12 inches.
3. Maximum memorial height, 30 inches.
(c) Maximum foundation width for single and double spaces shall be 18 inches.
(d) For triple spaces or more.
1. The maximum foundation length shall be limited to a foundation which shall be no closer than ten inches to any neighboring lot. At no time shall a foundation be closer to the adjacent lot than ten inches. The foundation must follow any curvature in the lot line.
(A curved lot shall require a curved foundation.)
2. The maximum memorial base width shall be 12 inches.
3. The maximum memorial height shall be 30 inches.
4. The maximum foundation width shall be 18 inches.
5. In the case of such foundation construction, not less than two steel rebar reinforcement rods shall be installed. Said steel rebar reinforcement rods shall be located three inches from the based of the foundation and three inches from any foundation edge.
The city shall inspect each foundation to determine its proper location, curvature, and steel rebar reinforcement rod installation.
(e) In the event a foundation is placed on a single, double, triple or more lot, after closing, the earliest time at which a foundation may be constructed is six months after grave closing.
(F) (1) Upon establishing indigence, a person may be buried free of charge in Section C of the Westlawn Addition to the Southmound Cemetery.
(2) Upon “ESTABLISHMENT OF INDIGENCE” (a showing that the estate of the decedent and the decedent's immediate family and others who may have a legal responsibility for the burial of the decedent have insufficient funds to allow for same), the city may waive the lot price set forth in § 91.01(B)(1). (Those charges assessed for opening and closing in § 91.01(B)(2) and miscellaneous charges in § 91.01(B)(3) shall not be waived.)
(3) The only grave markers that will be allowed in the event of an indigent interment must be flush to ground and on a cement foundation which cannot exceed 16 inches by 28 inches in size. The foundation cannot be installed for a period of six months after interment. (All of which is intended as a modification of division (E) above.)
(4) Nothing herein shall relieve those wishing to place a foundation and marker on such sites from the inspection and permit provisions set forth in § 91.03(A), (B) and (D). However all costs associated therewith shall be waived as set forth above.
(G) The placement of cineruriums and columbariums shall be allowed as follows:
(1) Single above-ground cineruriums and columbariums shall be restricted to plots consisting of a minimum of six spaces.
(2) Double or triple above-ground cineruriums and columbariums shall be restricted to plots containing a minimum of six spaces.
(H) The city, in honor of its veterans who have given faithful service and sacrifice to this city, county, state and country, hereby sets aside Block H consisting of 13 rows and 437 plots in the Westlawn Addition of the South Mound Cemetery. Upon presentation to the city of proper documents from the United States Military showing that the decedent was a veteran of a branch of the United States Military he or she shall be provided with a lot in this section at no charge.
(Ord. 2443, passed 1-18-82; Am. Ord. 2558, passed 11-19-84; Am. Ord. 2751, passed 6-5-89; Am. Ord. 2784, passed 1-15-90; Am. Ord. 2887, passed - -92; Am. Ord. 3021, passed 8-7-95; Am. Ord. 3052, passed 5-20-96; Am. Ord. 3087, passed 2-17-97; Am. Ord. 3110, passed 8-4-97; Am. Ord. 3275, passed 7-16-01; Am. Ord. 3321, passed 9-3-02; Am. Ord. 3380, passed 4-5-04; Am. Ord. 3433, passed 4-15-05; Am. Ord. 3472, passed 7-3-06; Am. Ord. 3561, passed 2-17-09; Am. Ord. 3626, passed 8-15-10; Am. Res. 01212014-2, passed 1-21-14; Am. Ord. 3699 passed 7-7-14; Am. Ord. 3762, passed 12-19-16)