Skip to code content (skip section selection)
A. Burials: Before any deceased person is buried in the municipal cemetery, a permit properly issued by the registrar of the registration district in which the death occurred, or in the absence of such registrar, a permit duly issued by the state division of health or other authorized person shall be required by the cemetery superintendent. After burial, the cemetery superintendent shall endorse upon the permit a description of the location where the deceased is buried and shall enter all of the information contained in the permit in the cemetery records. (1989 Code § 8-221)
B. Burial Permit: It shall be unlawful for any person to bury the body of a deceased person in the municipal cemetery without first obtaining a certificate of burial right for the lot used, or producing satisfactory evidence of a right to burial based on a properly acquired certificate of burial right. (1989 Code § 8-222)
C. Registration Of Burials: Before any deceased person may be buried in the municipal cemetery, the relatives or person having charge of the deceased shall provide the city recorder with a written statement, which shall be filed by the city recorder, which statement shall contain, if known, information about the deceased regarding his or her name, when and where born, the date and cause of death, the name of the attending physician, date of burial, name of cemetery and the description of the location of the grave. (1989 Code § 8-223)
D. Burials And Disinterment:
1. It is an infraction, subject to penalty as provided in section 1-4-1 of this code, for any person to:
a. Disinter any body buried in any cemetery, except under the direction of the cemetery superintendent who shall, before disinterment, require written permission from both the state department of health and the owner of the lot or his or her heirs, which written authorization shall be filed and preserved in a record kept for such purposes.
b. Disinter or remove the body of a person who has died from a contagious disease within two (2) years after the date of burial, unless the body was buried in a hermetically sealed casket or vault and is found to be so incased at the time of disinterment.
2. It is an infraction, subject to penalty as provided in section 1-4-1 of this code, to inter anything other than the remains of human bodies in cemeteries.
3. It is an infraction, subject to penalty as provided in section 1-4-1 of this code, to bury the body of any person within the city except in the municipal cemetery or a private cemetery, unless by special permission of the governing body under such rules and regulations that it may prescribe. (1989 Code § 8-224; amd. 2007 Code)
E. Vaults Required:
1. Unless in writing waived by the cemetery superintendent, it shall be unlawful for any person to be buried in the cemetery unless the casket shall be placed in a vault made of concrete, fiberglass, steel or brick lined, or of such other material approved by the governing body, substantially constructed and covered with a similar durable material.
2. No wood shall be used as a permanent part of the construction of any part of the vault. (1989 Code § 8-225)
F. Religious And Fraternal Organizations: The city may contract the religious and fraternal organizations to designate a reasonable portion of the cemetery in which burials may be restricted to members of such religious and fraternal organizations and their families. (1989 Code § 8-226)
G. Sale Subject To Rules: Every lot or single grave sold is subject to rules and regulations that have been or may be adopted. The rules and regulations shall be subject to such changes as are found necessary for the protection of lot owners, the remains of the dead and the preservation of the cemetery. (1989 Code § 8-227)
H. Care Reserved: The city reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all lots and graves in its cemeteries. (1989 Code § 8-228)
I. Orders And Responsibility For Errors: Under no circumstances will the city assume responsibility for errors in opening graves when orders are given by telephone. (1989 Code § 8-229)
J. Traffic Rules:
1. The provisions of the municipal traffic ordinances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the cemetery, except as herein otherwise modified by this chapter.
2. It shall be unlawful for any person to ride or drive within the municipal cemetery at a speed greater than five (5) miles per hour. (1989 Code § 8-230)
K. Children: Children under the age of ten (10) years shall not be allowed in cemeteries unless accompanied by their parents or other adults, except for the purposes of attending authorized funerals or, in the company of adults, placing flowers on the grave of a deceased relative or friend, or performing any other customary evidence of respect in accordance with their religious principles. (1989 Code § 8-231)
L. Animals Prohibited: No animal shall be allowed in any cemetery, except in the confines of a vehicle and must be at all times retained within the confines of said vehicle while the vehicle remains in the cemetery. (1989 Code § 8-232)
M. Decorum: Cemetery grounds are sacredly devoted to the interment and repose of the dead. Strict observance of decorum due such a place shall be required of all persons. (1989 Code § 8-233)
N. Injury To Cemetery Property Prohibited:
1. It is a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to tie or attempt to tie any horse, animal or motor vehicle to any monument, gravestone, tablet, marker, tree, shrub, fence or enclosure on the premises of the cemetery for the purpose of injuring, defacing or attempting the removal of same.
2. It shall be an infraction, subject to penalty as provided in section 1-4-1 of this code, for any person to injure, deface, break, destroy or remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery. (1989 Code § 8-234; amd. 2007 Code)
O. Landscaping By Private Persons: Except as provided by the rules and regulations of the governing body, it shall be unlawful for any person to erect or maintain any fence, corner post, coping or boundary of any kind, to plant any vegetation upon any lot or lots, street, alley or walk in the cemetery or to grade the ground or land thereof. The cemetery superintendent shall, whenever required, furnish the true lines of any lots according to official survey, shall prevent and prohibit any markings of the same except by official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land. (1989 Code § 8-235)
P. Placement Of Markers: It shall be unlawful for any person to erect, place or cause to be placed any marker or monument on any lots in the cemetery in violation of the rules and regulations promulgated by the governing body regarding the placement, construction and design of all such markers. (1989 Code § 8-236)
Q. Additional Rules And Regulations:
1. The governing body may promulgate by resolution such additional rules and regulations concerning the care, use, operation and maintenance of the cemetery as it shall deem necessary.
2. The mayor may from time to time as the governing body deems necessary direct and publish a booklet of rules and regulations for the convenience of the purchasers of lots in the municipal cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall form a supplement to this chapter after they have been adopted as official by resolution of the governing body.
3. Any changes in the rules and regulations shall be adopted by the governing body before such changes shall be official. (1989 Code § 8-237)