[1]
Editor's Note: Ord. No. 692, adopted 8-3-1999, repealed
former Art. II, which pertained to similar subject matter and derived
from Ord. No. 480, adopted 5-21-1991, as amended.
[Ord. No. 692, § 2, 8-3-1999]
All existing conditions at Oak Hill Cemetery that were installed,
constructed, or placed there in compliance with rules regulating,
the use of the cemetery at the time of installation, construction,
or placement shall be permitted to continue after the adoption of
this article and shall be referred to as pre-existing noncompliant
conditions. These pre-existing noncompliant conditions shall not be
permitted to be expanded or enlarged in any way. If a pre-existing
noncompliant use ceases to exist after the adoption of this ordinance
that use shall not be permitted to be re-installed, re-constructed,
or replaced except in conformance with the provisions of this chapter.
All rules and regulations contained in this article shall become effective
from the date of adoption.
[Ord. No. 692, § 3, 8-3-1999]
Except as provided in this article, the care of grave sites,
tracts, walks and drives in Oak Hill Cemetery is hereby vested in
the City Council of Butler, Missouri, a municipal corporation, which
shall have authority to promulgate rules and regulations, consistent
with this ordinance to facilitate such care and maintain the aesthetic
quality of Oak Hill Cemetery.
[Ord. No. 692, § 4, 8-3-1999]
(a)
The City Clerk shall establish a cemetery operating fund and a cemetery
perpetual care fund. All monies received from the sale of grave sites,
fees for opening and closing graves, and bequests or donations to
the cemetery shall be set aside by the City Clerk to such funds as
provided herein.
(b)
The principal of the perpetual care cemetery fund shall not be encroached
upon for any purpose whatsoever and no money shall be transferred
out of the perpetual care cemetery fund except for the purposes of
being invested as provided for in this section and for the repurchasing
of cemetery lots previously sold.
(c)
Monies placed in the perpetual care cemetery fund shall be invested
from time to time in bonds of the United States government or of the
state, or may be placed in any bank or savings and loan association
which is authorized to do business in this state so long as the funds
so deposited are protected by federal deposit insurance, or in any
other investments as are permitted by state law.
(d)
Income from the investment of the perpetual care fund may be deposited in the cemetery operating fund to be used by the City for the maintenance, care and improvement of Oak Hill Cemetery. If such income is not needed for maintenance, care or improvement, then it shall be placed in the perpetual care fund or be invested in the same manner as is permitted for improvements of the perpetual care fund money as set forth in Subsection (c) above. Income from investments of the perpetual care fund may be used for no other purposes except as set forth in this section.
[Ord. No. 692, § 5, 8-3-1999]
(a)
The Ladies Cemetery Association may conduct Memorial Day activities
and special events in the cemetery and may conduct such fundraising
activities as they may desire.
(c)
The Ladies Cemetery Association shall keep accurate books of account,
records of their proceedings and a journal of current rules and regulations.
[Ord. No. 692, § 6, 8-3-1999]
A designated employee of the City at Oak Hill Cemetery shall
be permitted to purchase necessary materials for the day to day operation
of the cemetery by use of a purchase order to be provided by the administrator
of the City, which employee shall sign and return said purchase order
to the clerk of the City upon use. The administrator of the City shall
have the authority to provide other means of purchasing necessary
materials from time to time as he may deem reasonable in his discretion.
The designated employee shall obtain specific approval from the administrator
of the City prior to entering into any agreement which would create
a liability on behalf of the City greater than $250.
[Ord. No. 692, § 7, 8-3-1999]
All tools, machinery and equipment used at Oak Hill Cemetery
will be provided and maintained by the City as the administrator of
the City shall in his discretion determine necessary.
[Ord. No. 692, § 8, 8-3-1999; Ord. No. 729, § 1, 3-20-2001; Ord. No. 971, 4-16-2013]
Grave sites in Oak Hill Cemetery shall be sold to the public
by the City Clerk at a price of $300 per grave; provided, however,
that Babyland graves shall be sold at $100 each. Upon the purchase
and payment for any grave site in the cemetery, the City Clerk shall
provide the purchaser with a deed showing that the purchase price
has been paid in full, and the City Clerk shall record the sale of
said grave site and the name and address of said purchaser upon the
records of the cemetery. The office manager, sexton, and sexton's
assistant may assist in the sale of cemetery lots to the pubic. No
grave site within Oak Hill Cemetery shall be sold for more than the
current rate charged by the City. If a party having legal title to
a plot wishes to sell or relinquish the plot back to the City, the
City will pay the original purchase price for said plot as evidenced
by the original deed.
[Ord. No. 692, § 9, 8-3-1999; Ord. No. 729, § 1, 3-20-2001]
The City shall open and close all graves within the cemetery
and shall receive a fee of $350 for such opening and closing; provided,
however, that the City shall receive a fee of $150 for opening and
closing of graves in Babyland. A fee of $100 shall be paid to the
City for the burial or spreading of cremation remains. All such fees
shall be paid to the City in advance of such services.
[Ord. No. 692, § 10, 8-3-1999; Ord. No. 729, § 1, 3-20-2001]
The purchaser of any grave site or cemetery services shall deliver
the purchase price as provided above to the appropriate City official
within 72 hours after reserving such grave site, or cemetery services.
The City shall deposit to the perpetual care fund of the cemetery
$100 from the sale of each regular grave site and $50 from the sale
of each Babyland grave site.
[Ord. No. 692, § 11, 8-3-1999]
No body or remains shall be permitted to be interred in Oak
Hill Cemetery until the cemetery sexton shall have received receipts
showing that the purchase price of said grave site has been paid in
full and that all fees due the sexton and City Clerk have been paid
in full.
[Ord. No. 692, § 12, 8-3-1999]
No body or remains shall be permitted to be interred on any
grave site other than the grave site for which receipts are issued.
[Ord. No. 692, § 13, 8-3-1999]
No person shall construct, erect or place a vault, mausoleum,
tomb, grave monument, stone or marker in Oak Hill Cemetery unless
such is done in compliance with the provisions of this ordinance.
The City shall not assume responsibility for the installation of foundations
or footings by the provisions of this article.
[Ord. No. 692, § 14, 8-3-1999]
Without the prior consent of the City Council, no grave sites
in the said cemetery shall be elevated above the established grave,
nor shall graves thereon be raised more than four inches above the
grade, nor shall any curbways, railings or sidewalks be constructed,
erected, or placed around any grave sites.
[Ord. No. 692, § 15, 8-3-1999]
(a)
The driveways in and through the said cemetery are not declared to
be public highways and use of such driveways is subject to the following:
(1)
Use of the driveways is restricted to persons visiting the cemetery
and to persons transporting machinery and materials for use in the
said cemetery.
(2)
No person shall operate a vehicle upon such driveways for the purpose
of transporting freight to a point beyond such cemetery.
(3)
No person shall operate a vehicle upon such driveways at a speed
in excess of 15 miles per hour.
(4)
No person shall operate or drive any vehicles or machine in said
cemetery except upon driveways laid off and intended for use by such
vehicles, provided however, that mowing machines used in mowing, or
machines working in the cemetery may be permitted to enter the cemetery
so long as board runways are used when necessary to prevent damage
to graves, sod, shrubbery and other improvements.
(5)
Persons erecting monuments, vaults, or mausoleums in said cemetery
shall unload such monument, vault or mausoleum at some point on the
said driveways and shall move such monument, vault, or mausoleum by
hand to its site; board runways shall be laid down when required to
prevent damage to sod, shrubbery or graves in the cemetery.
(6)
All persons working in said cemetery shall restrict their vehicles
to established driveways and alleys when reasonable possible; provided
however, that the sexton may permit vehicles to enter upon said cemetery
contrary to the preceding subparagraphs where such entry is reasonably
necessary for safety and expediency and is not unreasonably hazardous
to said cemetery. The sexton shall have the discretion to determine
that entry shall be permitted only when board runways are used, if
necessary, to prevent damage to graves, sod, shrubbery, or other improvements.
(7)
Violations and penalties. Violators of any provision of Section 8-43 shall be notified by the City Administrator or sexton and shall be suspended from conducting business within Oak Hill Cemetery for a minimum of three months following such notification. Habitual violators of this section (those with three or more violations) may be suspended from conducting business within Oak Hill Cemetery indefinitely at the discretion of the City Administrator.
[Ord. No. 692, § 16, 8-3-1999]
Visiting hours for Oak Hill Cemetery shall be from sunrise until
sunset each day, except that the cemetery shall not close before 6:00
p.m. The City police department shall be responsible for securing
the cemetery each night at closing and insuring that the gates to
the cemetery shall be opened each day at sunrise. No visitors shall
be permitted within Oak Hill Cemetery except in accordance with the
provisions of this section.
[Ord. No. 692, § 17, 8-3-1999]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to burials:
(1)
All interments shall be made in vaults or concrete boxes, or in steel
caskets, rated as being of twenty-gauge steel, or heavier, without
the use of concrete boxes. Interments may be made in mausoleums, where
permitted.
(2)
The sexton shall be notified by 1:00 p.m. on Friday for services
held on Saturday, Sunday, or Monday morning.
(3)
The regular fee for opening indigent and veterans graves shall be
the same as charged for a regular grave opening, provided however,
that the City shall donate the grave site for indigent and veterans
persons.
(4)
All graves shall be dug to a minimum depth of 54 inches from surface
grade, provided however, that all Babyland graves shall be dug to
a minimum depth of 36 inches from surface grade. Graves may be dug
less than the stated minimum if rock impedes the ability of the sexton
to excavate the grave to the proper depth.
(5)
Human remains only shall be buried in Oak Hill Cemetery.
(6)
Only one burial shall be permitted per gravesite, except for cremains.
There shall be permitted a maximum of eight cremains per gravesite
with the following conditions: there shall be permitted only one upright
or above-grade headstone per gravesite, there may be a grade-level
stone or marker for each set of cremains so long as it is located
on the same lot; no person shall be permitted to sell any part or
portion of a gravesite for the interment of cremains. All sales must
consist of full gravesites. There shall not be a minimum number of
cremains interred on a single gravesite.
[Ord. No. 692, § 18, 8-3-1999]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to foundations:
(1)
All foundations shall be a minimum of two feet in depth. Memorials
over 1,800 pounds in weight shall be a minimum of three feet in depth.
Memorials over 3,000 pounds in weight and or five feet in height shall
be a minimum of four feet in depth. The sexton may require greater
foundation depth if, due to the size of the proposed stone, soil type,
or other circumstances, safety requires it.
(2)
All foundations shall have a flat bottom.
(3)
Foundations shall be poured with concrete. The mixture shall be either
(a) four parts of ice control rock and one part of cement, or (b)
three parts of rock, one part of sand and one part of cement. No fill
rock or foreign materials shall be placed in these footings.
(4)
If foundations are poured ahead of memorial installation, the foundation
shall be two inches below surface grade and the top of the foundation
shall be level.
(5)
Firms that install foundations in Oak Hill Cemetery shall provide
the sexton with a foundation memorandum containing the following information:
company name and address, the names and dates on the memorial, the
granite or material used, the size and depth of the foundation and
the date the foundation was put in. The memorandum shall be kept on
file with the sexton. No foundation shall be installed without providing
this information.
(6)
All foundations shall be inspected by the sexton prior to pouring
to insure compliance with all rules and correct location of the foundation.
[Ord. No. 692, § 19, 8-3-1999; Ord. No. 868, § 1, 7-15-2008]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to memorials:
(1)
The City and its representatives assume no liabilities for work done
in the erection of monuments or markers.
(2)
The City and its representatives has no obligation to provide assistance
to contractors or monument company workers.
(3)
Mixing cement on roadways is prohibited. Contractors shall provide
boxes for such work. If mixing or dumping, wet or dry cement on roadways
occurs the monument company or individual will be charged a base fee
of $100 or the cost of repairs to the roadway.
(4)
Maintenance and repair of monuments is the sole responsibility of
the lot owner. If, however, the owners of the lot or their successors
are unavailable, the City may provide for necessary repairs.
(5)
Monuments, markers and tombs above or level with the surface must
be constructed of marble, granite or bronze.
(6)
No monuments or markers may be installed or delivered to the cemetery
unless the placement has been approved by the sexton or his representative.
Only one central or family monument shall be allowed on a lot. If
a lot has a central or family monument, only foot stones shall be
permitted for the other gravesites on that lot. These foot stones
shall be installed at surface grade.
(7)
There shall not be any monuments or markers constructed of concrete,
pottery or crockeryware. Concrete ground-level mausoleums may be permitted
at the discretion of the City Administrator and sexton in cases where
a first degree relative's (parent, spouse, child) remains have
been placed in a concrete ground-level mausoleum and a matching monument
is desired.
(8)
No wooden markers shall be permitted within Oak Hill Cemetery. Temporary
markers are permitted but Oak Hill Cemetery discourages the continued
use of temporary markers for more than 12 months. If a temporary marker
has been in place for 12 months or longer, the sexton at his discretion
may remove the marker and notify the family of such action. The City
and its representatives accept no responsibility for the breakage,
damage or loss of any temporary marker.
(9)
No monuments or markers shall be installed or erected on any grave
site or lot that is not fully paid for.
(10)
In Sections A, D, E, and G, all memorials shall be placed first
at the west end of the grave site. Any memorial then placed at the
east end of the grave site shall be level with the surface grade.
Exceptions to this rule may be made by the City Administrator upon
written request by the owner of the lot or their immediate family.
(11)
Footstones may be set at the opposite end of the grave site
from the memorial, however, it shall be level with the surface grade.
(12)
Benches shall be permitted to be used as monuments, markers,
or headstones on any gravesite within the Oak Hill Cemetery subject
to the following provisions:
a.
The bench must be made of granite or marble;
b.
Bench shall be placed at the head of the plot. The bench must
be in line with the rest of the row of headstones so it does not interfere
with cemetery maintenance;
c.
If a bench is used as a headstone, no other marker is permitted
except a single ground-level foot marker;
d.
A bench for a single plot shall not exceed four feet in length;
e.
Apron under bench shall be made of granite and no wider than
20 inches;
f.
No bench or apron shall infringe on another plot.
[Ord. No. 692, § 20, 8-3-1999; Ord. No. 866, § 1, 7-1-2008]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to vases and decorative objects:
(1)
The City shall not be responsible for the repair or replacement of
any vase, urn or other decorative objects not mounted on the memorial.
Any vase or urn that is a part of the monument shall not extend beyond
the widest part of the base at any point.
(2)
There shall be no decorative rock or borders around memorials or
on any grave sites.
(3)
The City shall not be responsible for the damage or theft of any
other decorative objects placed on the graves or monuments. This also
applies to vases or urns set on separate bases.
[Ord. No. 692, § 21, 8-3-1999]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to mausoleums:
(1)
Owners of mausoleums or sarcophagi structures are notified that perpetual
care provisions of this ordinance shall not provide for future repair,
preservation or cleaning of such structures. Therefore, owners shall
provide for perpetual care of the structures by depositing an endowment
fund of sufficient amount for all the maintenance, repair and cleanings
with the City Clerk acting as trustee of the cemetery's perpetual
care funds. The amount shall be not less than 10% of the cost of the
structure. The City Administrator shall have the authority to determine
the amount to be deposited into the perpetual care fund for mausoleums
and sarcophagi in the event of a dispute.
(2)
The City discourages the placing of above-ground vaults in the original
cemetery except in cases where a first degree relative's (parent,
spouse, child) remains have originally been placed in a vault and
a matching vault is desired.
(3)
Mausoleums (including ground-level mausoleums) shall be permitted
in certain sections of Oak Hill Cemetery. Mausoleums shall specifically
be permitted in Lots 1 and 2 of Section A (mausoleum garden) as approved
by the City Council on September 7, 1993. Mausoleums may be permitted
in the original (old) section of the cemetery, Section B, Section
C, and Section E if approved by the City Administrator and sexton.
It is the intent of the City Council to establish certain areas within
each section specifically for the use of mausoleums (mausoleum gardens).
Mausoleums are specifically prohibited in Section D and Section G
(new part west of existing cemetery). The sellers of these mausoleums
shall be responsible for the correct factory installation and the
employees of the City shall not be required to place the mausoleum.
(4)
No additional charge shall be made for deposit of the body in a mausoleum
after all other requirements concerning the construction and upkeep
of the mausoleum are met.
[Ord. No. 692, § 22, 8-3-1999]
(a)
The following regulations shall apply in Oak Hill Cemetery pertaining
to the planting of trees and shrubs:
(1)
No person shall cause to be planted any live plant or tree without
the prior approval of the sexton, and as a condition to approval,
the person proposing to place plants or trees within the cemetery
property shall agree that such plants or trees shall become the property
of the City.
(2)
No iris, vines, climbing roses or any plant that creeps or spreads
shall be permitted. The planting of evergreens is prohibited. Bradford
pear trees, oak trees, and hard maple trees are recommended. No trees
with thorns shall be permitted.
(3)
There shall not be planted more than one tree or shrub per lot within
Oak Hill Cemetery.
(4)
No wreaths of flowers, under glass, shall be permitted within the
cemetery.
(5)
One container of any kind of flowers for each headstone is permitted
to facilitate mowing.
(6)
There shall be no limit on flowers or decorations from Memorial Day
until June 15th. All flowers and decorations, except the one permitted
in Subsection (a)(5), that have not been removed by June 15th shall
be removed by the sexton.
(7)
The City shall have the right to remove from any lot, without permission
from the owners, any trees, bushes, or any other objects which the
City considers to be injurious or detracting from the appearance of
the cemetery grounds.
[Ord. No. 692, § 23, 8-3-1999]
Work by outside contractors (any non-employees or contractors
not working for the City) shall be prohibited within Oak Hill Cemetery
on Saturdays, Sundays or legal holidays recognized by the City, unless
written permission is granted by the City Administrator or sexton.
Violators of this section shall be notified by the City Administrator
or sexton and be suspended from conducting business within Oak Hill
Cemetery for a minimum of three months from the date of notification.
Habitual violators (those with three or more violations) may be suspended
from conducting business within Oak Hill Cemetery indefinitely at
the discretion of the City Administrator.
[Ord. No. 692, § 24, 8-3-1999]
(a)
The City Council does hereby create a commission to be known as the
Butler Cemetery Commission.
(b)
The cemetery commission shall be authorized to plan and supervise
the facilities of Oak Hill Cemetery with the consent and approval
of the City Council. Supervision of the daily operation and maintenance
of the cemetery shall be vested with the City Administrator or his
representatives.
(c)
The cemetery commission shall consist of four members, appointed
by the Mayor with the consent and approval of a majority of the City
Council. One member of the commission shall be a member of the City
Council and shall have the same voting rights as the other commission
members. All members of the commission shall be residents of the City.
(d)
No member of the cemetery commission shall be employed by or have
a financial interest in any mortuary business or the sales or installation
of monuments or markers.
(e)
Members of the cemetery commission shall hold office as follows:
two members shall be appointed for one year; two members shall be
appointed for two years, from the first day of April following their
appointment. The Mayor shall appoint annually thereafter, two members
who shall hold office for two years and until their successors are
appointed.
(f)
The Mayor may, with the consent of the City Council, remove any member
for misconduct or neglect of duty. Vacancies on the commission, occasioned
by removals, resignations or otherwise, shall be filled in a manner
similar to original appointments.
(g)
No commission member shall receive compensation for his services.
The Mayor shall be an ex-officio member of the commission but shall
not vote except in the case of a tie.
(h)
The cemetery commission members shall, immediately after appointment,
meet and organize itself through the election of one of its members
as chairman, and the election of such other officers as it may deem
necessary. The commission shall make and adopt such by-laws, rules
and regulations for its guidance and for the government of the cemetery
as may be expedient, contingent upon Council approval of such by-laws.
The commission shall recommend to the City Council any rules and regulations
necessary to be enacted into an ordinance for the control of the cemetery.
