GENERAL REFERENCES
Cemeteries Division — See Ch. 2, § 2-290.
Dedicated parks and cemeteries — See Ch. 36, Art. II.
[3-24-2014 by Ord. No. 14-002[1]]
Any violation of this chapter shall be treated as a municipal civil infraction, unless otherwise provided in this chapter.
[1]
Editor's Note: Ord. No. 14-002, adopted 3-24-2014, amended Ch. 14 in its entirety to read as set out herein. Former Ch. 14, §§ 14-1 — 14-12, 14-41 — 14-45, pertained to similar subject matter and derived from the Code of 1975, §§ 9-1 — 9-14; the Code of 1992, §§ 7-1 — 7-16(a); Ord. No. 1118, adopted 4-14-1997; Ord. No. 1122, adopted 5-27-1997; and Ord. No. 1152, adopted 8-10-1998.
[3-24-2014 by Ord. No. 14-002]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BURIAL
The permanent disposition of the remains or cremated remains of a deceased person by placement in the ground or within a niche or crypt.
BURIAL RIGHTS CERTIFICATE or CERTIFICATE
Refers to the document given by the City to a titleholder providing the rights of burial only in a cemetery plot.
CEMETERY
Lakeside Cemetery, as established, including that part thereof designated as Veterans' Memorial Cemetery, and any other public cemetery owned, managed or controlled by the City.
CEMETERY PLOT or PLOT
A grave, niche or crypt within the cemetery used for burials and for no other purpose other than placing appropriate decorations or markers.
CEMETERY SUPERVISOR or SUPERVISOR
The municipal employee designated by the City Manager to be in charge of the cemetery.
TITLEHOLDER
The person listed on the certificate possessing the right to use a cemetery plot for burials.
[3-24-2014 by Ord. No. 14-002]
(a) 
The cemeteries which have been or may be established by the City and maintained either within or without the City limits, of which plats have been or shall be filed in the office of the City Clerk, shall be under the management, supervision and care of the supervisor. The supervisor, if necessary, shall cause such cemeteries to be laid out in lots, drives and walks, the lots to be numbered, drives and walks therein to be named, and plats thereof to be made.
(b) 
The City reserves the right to change, maintain and revise any roadway or plat incorporated within any cemetery when necessary to improve the grounds.
(c) 
The supervisor shall see that this chapter and all rules in respect to cemeteries are strictly enforced.
[3-24-2014 by Ord. No. 14-002]
(a) 
The City Manager, with the approval of the City Council, shall, from time to time, make such rules for the operation, use and maintenance of the cemetery, and other such matters so stated in the rules, as may be deemed necessary.
(b) 
The City Council authorizes the City Manager to make prudential final judgments or deviations with complicated and pressing burial arrangements or to accommodate unusual situations so that the spirit of this chapter and the rules are kept, even if the precise rule is impossible to attain.
[3-24-2014 by Ord. No. 14-002]
The City Council shall set the schedule of fees, rates and charges for services rendered by the City in connection with its cemeteries by resolution.
[3-24-2014 by Ord. No. 14-002]
(a) 
Cemetery plots can be purchased through the City Clerk's office upon payment in full of applicable fees. A certificate conveying the right of burial, only, shall be issued by the City Clerk's office and shall be held in accordance with applicable sections of this code and existing rules, and such code and rules as may be hereinafter adopted.
(b) 
No transfer of burial rights to another person shall be recognized, other than by inheritance as provided for in the rules.
(c) 
No persons shall allow burials on their plot for remuneration.
(d) 
No person shall sell a plot to another; except that the City reserves the right, at its discretion, to repurchase an unused cemetery plot at the original purchase price as provided for in the rules.
(e) 
Cemetery plots are exempt from property or ordinary taxes and cannot be seized on execution. No mortgage or other encumbrance shall be placed or given on any plot.
[3-24-2014 by Ord. No. 14-002]
The City Clerk shall keep proper records documenting cemetery plot purchases and burials. Burial records shall include the name of the deceased, the date and location of the burial and other such relevant information.
[3-24-2014 by Ord. No. 14-002]
(a) 
The supervisor shall charge and cause to be collected, on behalf of the City, such fees for work performed in the City cemeteries as may be from time to time fixed by the City Manager.
(b) 
No person, other than an employee of the City acting under the direction of the Supervisor, shall dig or open any plot, nor shall any person grade or fill in a cemetery plot or otherwise do any work in connection therewith unless such work is done under the supervision of the Cemetery Supervisor.
[3-24-2014 by Ord. No. 14-002]
(a) 
Any person causing damage within a City cemetery shall be liable to the City for restoration costs related to the damage.
(b) 
To maintain order and keep the cemeteries as a dignified resting place for everyone's loved ones, the following is prohibited conduct in the cemetery:
(1) 
Alcohol. No person shall consume alcoholic beverages in the cemetery or carry the same upon the premises.
(2) 
Animals. Domestic animals are prohibited in the cemetery, except when leashed, kept on established drives only and the feces from said animal are immediately removed from the cemetery grounds.
(3) 
Closing hours. No person shall be in the cemetery after dusk or before dawn, except for authorized personnel or consent is provided by the City.
(4) 
Destruction/removal of objects. No person shall move, remove, deface, damage or destroy any cemetery property or other plot decoration, marker, monument or other object placed in the cemetery without authority from the City or the person who caused the object to be placed in the cemetery.
(5) 
Firearms. No person shall discharge a firearm in or adjacent to a cemetery, except for authorized volleys at burial services or as may be authorized by the City during special activities.
(6) 
Garbage/trash. No person shall dispose of trash, flowers, containers or any other debris except in proper disposal containers provided for that purpose.
(7) 
Leisure activity. No person shall participate in any leisure activity on the cemetery grounds such as camping, picnicking, ball playing, rollerblading, skateboarding, snowmobiling, etc.
(8) 
Noise. No person shall play loud music, use boisterous or profane language or in any way disturb the peace and quiet and good order of the cemetery.
(9) 
Traffic and vehicles. All traffic laws of the City applicable to cemeteries shall be observed. Traffic on the driveways, roads and parking within the cemetery is limited to persons engaged in and directly related to cemetery business. No person shall drive any motor vehicle on other than established drives, except for authorized personnel, or at a speed greater than 15 miles per hour. Any person operating a motor vehicle within the cemetery shall be responsible for any damage done by their vehicle.
(c) 
The cemetery rules, as adopted by the City Council, may provide for additional matters of prohibited conduct in the cemetery and any violation thereof shall be treated as a municipal civil infraction.
[3-24-2014 by Ord. No. 14-002]
The fund known as the "Cemetery Perpetual Endowment Fund" is hereby continued and shall include all sums paid to the City in accordance with the terms and conditions of perpetual care contracts for lots located in Lakeside Cemetery. The fund shall be administered in accordance with state law by the City Manager and the Director of Finance who shall have custody of all moneys, credits and securities constituting such fund. Any part of the principal of the fund may be invested in accordance with state law.
[3-24-2014 by Ord. No. 14-002]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
VETERAN
Includes any person who has or shall have served in any of the Armed Forces of the United States and whose final service therein before death was terminated under other than dishonorable conditions. The fact and status of such service and qualification as such veteran shall be established, as of the time of death, by such evidence or record thereof as shall be satisfactory to the City Manager. Death under other than dishonorable conditions or status, while in such service, shall be deemed to also qualify such person as a veteran under this definition.
[3-24-2014 by Ord. No. 14-002]
(a) 
A burial in a grave in that portion of Lakeside Cemetery designated as Veterans' Memorial Cemetery shall be restricted to veterans as defined in § 14-41.
(b) 
A burial in a columbarium niche in that portion of Lakeside Cemetery designated as Veterans' Memorial Cemetery shall be restricted to veterans, as defined under § 14-41, and the veteran's spouse.
(c) 
In all other respects, Veterans' Memorial Cemetery shall be subject to the rules pertaining to Lakeside Cemetery.