AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING THE USE OF THE CEMETERY AND CHARGES FOR GRAVE SITES AND BURIALS IN
GREENLAWN CEMETERY
______________________________________________________________________________
Be it ordained by the Board of Alderman of the City of Rich Hill, Missouri as follows:
ARTICLE 1- GENERAL PROVISIONS
SECTION 1 – Visitors
a. Greenlawn Cemetery shall be open to visitors from 8:00 a.m. to 30 minutes prior to sunset.
b. All visitors shall respect the solemnity and beauty of the cemetery and strictly observe the rules established by the City to secure quiet and good order at all times within the cemetery.
SECTION 2 – Traffic Rules
a. No person or vehicle shall enter the cemetery except through entrances maintained for the public without permission from the Sexton.
b. There shall be no driving over the graves or upon the lawns under any pretense whatsoever except for normal maintenance and operation of the cemetery.
c. Any driver who drives any vehicle upon the lawns, across gutters or anywhere else where damage results, shall make good such damages.
d. The sounding of horns, sirens or other audible signals within the cemetery shall be prohibited except in connection with a funeral service.
e. Vehicles shall not make U-turns upon roads but shall instead drive around the section.
SECTION 3 – Detrimental trees or shrubs etc.
If any trees or shrubs situated on any grave shall, by means of their roots, branches or otherwise, become detrimental to the adjacent lots, avenues or streets or dangerous or inconvenient to passengers, the City shall remove such trees, shrubs or parts thereof that are detrimental or dangerous or make access to the grave site inconvenient. Effective November 13, 2007, no one except authorized employees of the City shall plant trees, shrubs, flowering plants or other vegetation in the cemetery.
SECTION 4 – Donations
All donations or bequests made for the cemetery shall be deposited in the City’s Cemetery Fund. The funds received shall be used for maintenance and upkeep of the cemetery.
SECTION 5 – Approval for special projects, improvements and construction
Any and all improvements, construction, beautification projects, road construction or changes in roads, or any other changes or additions made in Greenlawn Cemetery shall be approved by the Board of Aldermen prior to such installation, erection, construction or alteration.
ARTICLE 2 – INTERMENT
SECTION 1 – Mausoleums
Any form of burial that leaves the remains above ground level shall be prohibited except when a mausoleum is in existence as of May 9, 2000.
SECTION 2 – Grave Space Costs
a. The spaces in Greenlawn Cemetery shall cost the amount listed in the City Fee Schedule. The cost shall be paid in full before a deed is issued.
b. The City Clerk shall issue a Greenlawn Cemetery Deed showing the location of the grave site, and said each deed shall be signed by the Mayor.
c. The City may utilize payment plans to purchase cemetery spaces but the cost shall be paid in full before it may be used for a burial. The purchaser must sign a written agreement. A 5% fee shall be assessed on all payment plans. The duration of payment plans shall be as follows:
1 grave space 6 months
2 graves spaces 12 months
3 graves spaces 18 months
4 graves spaces 24 months
If the payment plan is not paid in full by the end of the agreement, the City shall refund any money paid except the 5% fee and a handling charge of, in an amount listed in the City Fee Schedule.
SECTION 3 – Perpetual Care
a. After October 28, 2008, an amount, as listed in the City Fee Schedule, shall be charged per grave space for perpetual care, which shall be paid at the time of the sale of the space.
b. Deeds shall not be issued until perpetual care is paid.
c. The principal of the Perpetual Care Fund shall not be used for any purpose whatsoever, and no money shall be transferred out of the Perpetual Care Fund except for the purpose of being invested. The interest income derived from the Perpetual Care Fund shall be used for the preservation, care, upkeep and adornment of Greenlawn Cemetery.
SECTION 4 – Regulation of Interments
a. There shall be only 1 interment per grave space unless a written request for cremated remains to be buried upon another interment or for a double burial is approved by the Mayor and the Sexton.
b. To maintain uniformity, the arrangement and location of graves upon a lot shall be determined by the City.
c. All interments shall be authorized by the City Clerk.
d. Two working days’ notice is required for the preparation of a grave except in an emergency.
e. Interments shall not occur before 10:00 a.m. or after 4:00 p.m.
f. All standard interments shall incorporate the use of a casket and a concrete grave liner with lid in which the casket shall be placed.
g. Cremated or infant interments shall incorporate the use of a container approved by the City.
SECTION 5 – Regulation of Disinterment
a. Disinterment shall occur only with written permission in writing obtained from the Mayor, in accordance with state law and upon a notarized written consent or request by:
1) The purchaser of the grave space; or
2) The surviving heir or heirs of a deceased purchaser; or
3) An appropriate court order.
b. The disinterment fee shall be an amount as listed in the City Fee Schedule.
c. No disinterment shall occur until the costs herein specified have been paid in full.
d. The costs to remove the vault shall be paid to the vault company.
SECTION 6 – Interment Fees
a. The cost of opening and closing a grave shall be as follows:
Vault or box, weekday see City Fee Schedule
Saturdays see City Fee Schedule
Sundays & Holidays see City Fee Schedule
Cremated remains, weekday see City Fee Schedule
Weekends & Holidays see City Fee Schedule
Infant remains, weekday see City Fee Schedule
Weekends & Holidays see City Fee Schedule
b. The cost of special requests for closing of graves after 4:00 p.m. on any day of the week shall be the same as for Sundays and holidays.
c. No interment shall be performed until the specified costs have been paid in full.
d. Approved double burials fees shall be an additional fee, as listed in the City Fee Schedule for the burial that is double deep. If the second burial does not occur at the same time as the first burial, the specified opening and closing costs shall be paid at the time of the second burial.
ARTICLE 3 – GRAVES
SECTION 1 – Placement and location of foundations, monuments, etc. and permit fees
a. No person shall set or place any foundation, monument, memorial, stone or marker of any sort, including any Veteran’s marker, within Greenlawn Cemetery without first obtaining a permit from the City Clerk. This fee shall be an amount as listed in the City Fee Schedule. Additionally, that person must own the lot in the cemetery, or be the surviving heir or heirs of a deceased purchaser at the time of placement. If an agreement cannot be reached the Mayor shall decide.
b. The Sexton shall be present when any work is performed to ensure compliance with the provisions of this Article.
c. Effective November 13, 2007, the City shall only permit the placement of head stones in the cemetery. Any bench, foot marker, etc. placed before November 13, 2007, shall be permitted to remain in the cemetery as long as the bench, foot marker, etc. is attached to the ground.
SECTION 2 – Concrete foundations required; depth.
Each monument, stone or marker placed within Greenlawn Cemetery shall be set or placed on top of a concrete foundation no less than 24 inches deep. Monuments, stone or markers shall be set upon the concrete foundations only after the concrete has set up. Placement of a marble or granite pad under any monument, stone or marker within Greenlawn Cemetery shall be permitted provided placement is in compliance with all other provisions of this Ordinance.
SECTION 3 – Continuous Concrete Aprons
No continuous concrete apron shall surround any monument, stone or marker placed in Greenlawn Cemetery.
SECTION 4 – Use of grave for burial or memorial
The grave spaces in Greenlawn Cemetery shall be sold only for burying human remains or for establishing memorials to deceased human beings.
SECTION 5 – Transfer of Grave Sites
The grave site owner shall not sell or convey any grave spaces in the cemetery without first submitting a notarized statement giving written consent for the transfer to the City Clerk. All transfers shall be made through the City Clerk who shall issue a new deed. The cost of the transfer shall be an amount as listed in the City Fee Schedule. If the owner of the grave space is deceased, the surviving heir or heirs shall submit a notarized statement giving written consent for the transfer to the City Clerk and the request shall be approved by the Mayor.
SECTION 6 – Ornamentation of graves
a. The City shall retain control and supervision of all grave spaces that are sold; and the City shall retain the right to have its Sexton enter upon any grave to prohibit, modify or remove any structure, object, improvement or adornment of any such structure, object, improvement or adornment that may interfere with the maintenance and upkeep of the cemetery.
b. The use of glass containers on or around the graves in Greenlawn Cemetery shall be expressly prohibited and shall be removed if placed upon the grave.
c. All grave decorations or mementos shall be removed by the Sexton if the decoration or a memento interferes with the maintenance or upkeep of the cemetery. Exceptions are as follows:
1) Permanent vases attached to the stone or foundation;
2) Everything on the stone until the stone or the attachment to the stone has deteriorated; the Sexton shall determine deterioration; and
3) Shepherd hooks as long as they are as close to the head stone as possible.
ARTICLE 4 – City and Sexton duties
SECTION 1 – Duties of the City and Sexton
City and the Sexton shall lay out all grave sites in Greenlawn Cemetery and shall perform such other duties and work as directed by the Board of Aldermen; all burials shall be subject to their supervision.
SECTION 2- Workmen subject to control of the City and Sexton
All workmen employed in the construction of vaults, erecting monuments or other similar activities shall be subject to the control and direction of the City or Sexton.
All ordinances or parts of ordinances or policies in conflict with this ordinance are hereby repealed.
This ordinance shall be in force and affect from and after its passage and approval as provided by law.[i]
1ST READING: 8th day of January 2020
2ND READING: 8th day of January 2020
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 8TH DAY OF JANUARY 2020.
______________________________
Jason Rich, Mayor
ATTEST:
______________________________
Casey Crews, City Clerk
Ayes: Humble, Kassner, Tourtillott
Nays: None
Absent: Robb
[i] For informational purposes, this Ordinance repeals and replaces the following: Ordinance 1679, enacted December 12th, 2018: which replaced Ordinance 1665, enacted December 12, 2017: which replaced Ordinance 1644, enacted March 28, 2017, which replaced Ordinance No. 1376, enacted December 12, 2012.