[R.O. 2003 § 135.010; Ord. No.
20.207 § 1, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
That cemetery of the City of Marceline known as "Mount Olivet
Cemetery" and consisting of approximately five (5) acres, more or
less, and situated in the south ten (10) acres off the northwest quarter
of the southeast quarter (NW 1/4 SE 1/4) of section thirty (30), township
fifty-seven (57), range eighteen (18) in Linn County, Missouri, together
with all additions which may have been or may hereafter be annexed
thereto by the City is hereby ordained to be Mount Olivet Cemetery
of the City of Marceline, and all recorded plats and maps descriptive
thereof are hereby confirmed, ratified and approved.
[R.O. 2003 § 135.020; Ord. No.
20.207 § 2, 4-13-1964; Ord. No. 35.1173, 11-20-2012; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any person to bury or cause to be buried any human body or human remains within the City limits of the City of Marceline, except within the limits of said Mount Olivet Cemetery, or within a private cemetery established in conformity with this Article. No more than one (1) human body burial or two (2) cremation burials shall be allowed per burial space. No pets or other animals shall be allowed to be buried in any burial space within the cemetery. For purposes of this Section, a burial space is as defined under Section 135.310.
[Ord. No. 18-12.52, 12-18-2018]
A lot sold before December 31, 2018, is defined as eight (8)
burial spaces. A lot sold on January 1, 2019, or later is defined
as one (1) burial space.
[R.O. 2003 § 135.030; Ord. No.
20.207 § 3, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any person to sell or offer to sell
to the public any land or lots sold or intended to be used for the
purpose of burying therein any dead human body within the City of
Marceline unless the land sold or offered for sale shall be within
a private cemetery.
[R.O. 2003 § 135.040; Ord. No.
20.207 § 5, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
All lots within Mount Olivet Cemetery shall be conveyed by the
City as provided by the laws of the State of Missouri and shall be
described by block and lot numbers as such numbers shall appear upon
the recorded plat or plats applicable thereto.
[R.O. 2003 § 135.050; Ord. No.
20.207 § 6, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
A.
After the initial conveyance of any cemetery land in Mount Olivet
Cemetery by the City, no grantee or his/her heirs, successors or assigns
shall resell or reconvey the same, but all such lots shall be reconveyed
to the City. If the lot had been purchased prior to October 31, 1963,
the City of Marceline will repurchase it at the following prices:
B.
If the lot was purchased after October 31, 1963, it will be repurchased
at the cost price. Any attempted conveyance of any cemetery property
by any person in violation hereof shall be null and void and of no
effect. If any person shall be possessed of any cemetery property
within the Mount Olivet Cemetery, then the person to whom such property
shall pass by will, or by the laws of descent and distribution of
the State, may, upon such proper evidence of the same as the City
may require, convey such property to the City. Nothing contained herein
shall invalidate any conveyance of cemetery property which may have
been made in conformity with any ordinance of the City in effect at
the time of such conveyance.
[R.O. 2003 § 135.070; Ord. No.
20.207 § 8, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
It shall be unlawful for any one (1) person to purchase in excess
of sixteen (16) lots in Mount Olivet Cemetery. The City Council may,
however, for good cause shown, permit an exception hereto by motion
duly passed and entered. The provisions of this Section shall not
be applicable to ownership of lots in effect prior to April 13, 1964.
[R.O. 2003 § 135.080; Ord. No.
18-12.52, 12-18-2018]
A.
Every
person or association which owns any cemetery in which dead human
remains are or may be buried or otherwise interred, except a private
or family cemetery, shall cause to be maintained in an office in the
cemetery, or in an office within a reasonable distance of the cemetery,
a plat of such cemetery showing the entire area and location of the
cemetery, the portion thereof which is formally dedicated for the
burial of dead human remains, all burial lots or interment spaces,
and all walks, roads, improvements and features. The cemetery operator
shall cause the plat to be updated from time to time as is necessary
to cause the plat to remain current.
B.
The
cemetery operator shall also cause to be maintained at such office
a record of the owner of each burial lot or interment space described
in the current plat of the cemetery and a record of all dead human
remains buried or interred at the cemetery, which record shall include
the name of each deceased person buried or interred at the cemetery,
the date of burial or interment, the location of burial or interment
and, if known, the name and address of the funeral director who provided
the memorial service or other final arrangements for the deceased
person. The cemetery operator shall cause reasonable assistance to
be provided to burial lot or interment space owners in locating their
lots or spaces and to the family or other interested persons in locating
the place of burial or interment of deceased persons whose remains
are buried or interred in the cemetery.
[R.O. 2003 § 135.090; Ord. No.
20.207 § 10, 4-13-1964; Ord. No. 18-12.52, 12-18-2018]
The Sexton of said Mount Olivet Cemetery shall be appointed
by and the duties, salaries or other compensation thereof shall be
determined by the City Manager in all respects as provided for the
appointment, compensation and assignment or other City employees not
expressly otherwise established by ordinance. No person shall dig
any grave in such cemetery except such Sexton without the express
approval and special appointment by the City Manager.
[R.O. 2003 § 135.100; Ord. No.
20.207 § 11, 4-13-1964; Ord. No. 35.1203, 4-15-2014; Ord. No. 18-12.52, 12-18-2018]
All graves in said Mount Olivet Cemetery shall be dug to a minimum
of five (5) feet and the use of steel or concrete liners are required.
After interment, the dirt shall be immediately replaced in the grave
and any excess dirt shall be removed and placed in the cemetery at
such place as the City Manager shall direct.
[Ord. No. 18-12.52, 12-18-2018; Ord. No. 19-03.02, 3-19-2019; Ord. No. 20-12.10, 12-15-2020]
A.
A fee for the opening and closing of a grave/cremation shall be assessed
for each grave opening/closing at the Mount Olivet Cemetery. The fees
are as follows:
1.
Grave opening/closing per lot: four hundred fifty dollars ($450.00).
2.
Cremation opening/closing per cremation: two hundred fifty dollars
($250.00).
3.
Weekend and holiday grave opening/closing per lot: five hundred
fifty dollars ($550.00).
4.
Weekend and holiday cremation opening/closing per cremation:
three hundred fifty dollars ($350.00).
[R.O. 2003 § 135.110; Ord. No.
20.207 § 12, 4-13-1964; Ord. No. 11-04.02, 11-15-2011; Ord. No. 18-12.52, 12-18-2018]
No person, except for a City employee, shall dig or cause or
permit to be dug any grave in said Mount Olivet Cemetery whether it
be a traditional grave or cremation, without the consent or approval
of the person owning said lot, or if he/she be deceased, his/her next
of kin.
[R.O. 2003 § 135.120; Ord. No.
20.207 § 13, 4-13-1964; Ord. No. 17-11.051, 11-13-2017; Ord. No. 18-12.52, 12-18-2018]
A.
For the purpose of preserving the peace, decorum and beauty of said
Mount Olivet Cemetery, the following acts, conduct, practices or commissions
are hereby declared to be unlawful and violation of these provisions
are hereby declared to be an ordinance violation:
1.
Operation of any vehicle in said cemetery in excess of twelve
(12) miles per hour.
2.
To permit or cause any livestock to enter or remain within the
cemetery at any time with the exception of horses used for transportation.
3.
To commit any nuisance or act of indecency or use any loud,
angry, abusive or indecent language to be or remain therein while
under the influence of intoxicating liquor.
4.
To hunt with dog or gun within said premises or to discharge
any firearm therein except in the performance of ceremonies relating
to military funerals.
5.
To walk upon or occupy or molest any private lot or damage any
stone, decoration or plant thereon without the consent of the owner
thereof.
6.
To use any cemetery lot for any purpose except for internment
or beautification.
7.
To erect any structure on said premises except a monument or
vault and no grotesque, unusual, offensive or unsightly monument or
vault shall be erected.
8.
To cause or make any indecent or suggestive inscription on any
marker or stone therein or any other inscription not in keeping with
the dignity, decorum or solemnity of cemetery usage.
B.
Certain
Traffic Prohibited.
[R.O. 2003 § 135.150; Ord. No.
20.205 §§ 1 — 4, 10-21-1957; Ord. No. 18-12.52, 12-18-2018]
1.
It shall be unlawful for any person to drive, operate, tow or cause
to be propelled through the Mount Olivet Cemetery and additions thereto
of Marceline any tractor, truck, combine, mowing machine, rake or
any other farm or construction equipment or machinery.
2.
The provisions hereof shall not apply to any person engaged in repairs,
improvements or care of said cemetery.
[Ord. No. 23-04.04, 4-12-2023; Ord. No. 23-05.05, 5-11-2023]
A.
The
City will manage the mowing and general groundskeeping care of Mt.
Olivet Cemetery.
B.
Only
the following items are allowed on cemetery lots:
C.
Except
for markers, memorials, flowers, and urns expressly allowed by this
Chapter, and Veteran Flags as authorized by law, no other item (including,
but not limited to, ornaments, signs, trellises, statues, benches,
lighting features, landscaping, bricks, stones, grave border materials
or other structures) that hinders the use of lawn maintenance equipment
shall be installed or maintained within the Mt. Olivet Cemetery, nor
shall any grading, digging, mounding or similar alteration of the
ground or earth occur except as authorized by this Chapter or by the
City. Such items will be removed and disposed of by the City without
written or verbal notice.
D.
The
City reserves the right to remove or trim any existing trees, plants
or shrubs located within a cemetery in the interest of maintaining
proper appearance and the use of the cemetery. Additionally, flowers
or plants will be removed when they wilt or otherwise become unsightly.
E.
The
Sexton shall have the right and authority to remove and dispose of
any and all growth, emblems, displays, containers, and other items
that through decay, deterioration, damage or otherwise become or are
unsightly, a source of litter, or a maintenance problem.
F.
The
City, and its officers, employees, contractors, and agents including
the Sexton and the City Council, assume no liability for damages to
property or person, or for physical or mental suffering arising out
of the performance of its normal operations related to the construction,
management, operation, maintenance, care, and platting of the Mt.
Olive Cemetery, including care of the cemetery, any lot and the graves,
or for loss by vandalism or other acts beyond its reasonable control
at the Mt. Olivet Cemetery.
G.
The
City reserves the right to alter, change, or close alleys, roadways,
walkways, water mains, and other physical public properties at the
Mt. Olivet Cemetery.
[R.O. 2003 § 135.130; Ord. No.
20.207 § 14, 4-13-1964; Ord. No. 17-11.051, 11-13-2017; Ord. No. 18-12.52, 12-18-2018]
The Mt. Olivet Cemetery shall be open to the public twenty-four
(24) hours a day, seven (7) days a week unless or until determined
by the City Manager that a temporary emergency or situation exists
that would cause damage to cemetery grounds or property or jeopardize
the safety of visitors to the cemetery.
[R.O. 2003 § 135.140; Ord. No.
18-12.52, 12-18-2018]
A.
Every person or association which owns any cemetery in which dead
human remains are buried or otherwise interred is authorized, at the
cemetery owner's expense, to disinter individual remains and reinter
or rebury the remains at another location within the cemetery in order
to correct an error made in the original burial or interment of the
remains.
B.
Every person or association which owns any cemetery in which dead
human remains are buried or otherwise interred is authorized to disinter
individual remains and either to reinter or rebury the remains at
another location within the cemetery or to deliver the remains to
a carrier for transportation out of the cemetery, all pursuant to
written instructions signed and acknowledged by a majority of the
following adult members of the deceased person's family who are then
known and living: surviving spouse, children and parents. If none
of the above family members survive the deceased, then the majority
of the grandchildren, brothers and sisters of whole and half-blood
may authorize the disinterment, relocation or delivery of the remains
of the deceased. The costs of such disinterment, relocation or delivery
shall be paid by the deceased person's family.
C.
Every person or association which owns any cemetery in which dead
human remains are buried or otherwise interred is authorized to disinter
individual remains and either to reinter or rebury the remains at
another location within the cemetery or to deliver the remains to
a carrier for transportation out of the cemetery, all pursuant to
a final order issued by the Circuit Court for the County in which
the cemetery is located. The court may issue the order, in the court's
discretion and upon such notice and hearing as the court shall deem
appropriate, for good cause shown, including, without limitation,
the best interests of the public health or safety, the best interests
of the deceased person's family or the reasonable requirements of
the cemetery to facilitate the operation, maintenance, improvement
or enlargement of the cemetery. The costs of such disinterment, relocation
and delivery and the related court proceedings, shall be paid by the
persons so ordered by the court.
D.
The City has no liability to the deceased person's family or to any other person for disinterment, relocation, or delivery of deceased human remains, made pursuant to this Section or Section 214.208, RSMo. City employees shall not be involved in any funeral or burial ceremony including the placement of remains into a gravesite other than those actions required in Section 135.100 and Section 135.110 of this Chapter.
[Ord. No. 23-04.04, 4-12-2023; Ord. No. 23-05.05, 5-11-2023]
E.
In addition to any records filed pursuant to Chapter 193, RSMo.,
any person or owner or operator of any cemetery which removes any
body which has been properly buried or interred for transportation
to a location outside the original cemetery shall, prior to such disinterment,
file notice with the County Coroner or County Medical Examiner and
also notify by certified mail the closest living relative known to
the cemetery operator, of the body being moved. Such notice shall
provide the name and address of the person moving the body, the name
of the person whose body is to be moved, and the location to which
the body is to be moved. Transportation of the body shall be in accordance
with the provisions of Sections 194.010 to 194.110, RSMo., and in
accordance with any other applicable law or regulation.
