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

The City of Rich Hill will be the managing authority for the Greenlawn Cemetery. All administrative matters pertaining to the operation of Greenlawn Cemetery shall be under the direction of the City Clerk or delegate. The City of Rich Hill will maintain all appropriate records of purchases, deeds, maps, and contracts. The City of Rich Hill or its authorized representative shall provide continuing care, maintenance, operation, and improvement to Greenlawn Cemetery. Cemetery care does not include the purchase, erection, repair, or replacement of monuments, headstones, markers, or any other item on a space. Only the City of Rich Hill shall open or close any gravesites.

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.

c. Children under the age of sixteen (16) years of age shall not be permitted within the Cemetery unless they are accompanied by one or more adults who are responsible for them or have permissions from parents and guardians to visit the Cemetery.

d. No animals shall be allowed in the cemetery except service animals that are trained to perform tasks for people with disabilities.

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.

f. Speed limit shall be 10 MPH.

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.

SECTION 6 – Heirs

Upon the death or judicially declared incompetency of a plot owner, it is the duty of the heirs, devisees, or guardian to file with the cemetery management legally accepted proof of their right to use the plot. Burial on a plot may not be permitted until such proof is presented.

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.

h. The scattering of cremated remains shall not be permitted.

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.

SECTION 7 – Funeral Directors’ Responsibilities

Funeral directors will be held responsible for the actions of all vehicles drivers or others employed by them while within the grounds of the cemetery. The funeral director will be held responsible for all vehicles in a funeral procession. All vehicle and traffic regulations must be observed. The funeral director must ensure that vehicles are parked properly for a burial service. If a funeral director is not used, the person making funeral arrangements will be held responsible for the interment service.

SECTION 8 – Grave opening and closing

Only the City of Rich Hill or it’s authorized representative may open a grave in Greenlawn Cemetery. All interments and disinterment’s shall be done under the supervision of the Sexton or his authorized designee in conformance with all applicable health laws. All graves must be closed immediately following the burial ritual. The City of Rich Hill or it’s authorized representative will close all graves.

SECTION 9 – Funeral Service Equipment

Any tents, chairs, lowering devices or other temporary items used for a burial service must be removed within 24 hours after the funeral service by the rightful owner of such items.

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.

d. The City is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., placed on or near interment spaces or elsewhere in the Cemetery. This includes headstones and markers, which are owned by the family members. Repair to headstones and markers are the responsibility of the family.

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 Aprons

No fencing, railing, curbing, or material or whatsoever kind or nature shall be placed surrounding any monument, stone or marker placed in Greenlawn Cemetery. All aprons placed before June 8, 2022 are permitted to remain in the cemetery providing it does not interfere with the maintenance and upkeep of the 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. All plots shall be sold in increments of one plot or more upon completion of an application in the form attached. Plots are sold for no purpose other than for the burial of human remains without regard to race, color, national origin, gender, or religion.

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.

d. Decorative rock, wood chips, landscape timber, and boarders will be prohibited and will be removed at the owner’s expense.

e. If any monument, effigy, or other structure placed upon any Grave Side shall be determined by the Sexton to be indecent, profane, pornographic, or otherwise offensive to the Greenlawn Cemetery, it shall be removed by the City at the owner’s expense to the extent practical.

f. All grave decorations or floral arrangements, real or artificial, will be allowed until such time as they become faded, worn, weathered, or otherwise become unsightly, a source of litter or a maintenance problem and may be removed by the cemetery Sexton or his designee.

g. Flowers or decorations must remain on the headstone only and must not be placed on or in the grass.

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.

ARTICLE 5 – Liability

Damage – With respect to the Cemetery, the City shall not be held responsible for any damages caused by the elements, acts of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots or the other of any military or civil authority, whether the damages be direct or collateral.
Volunteers – All volunteers or committee members working in the Cemetery shall be fully responsible for any damage done by them or their agents. Upon completing their work, all tools, equipment, and debris from the Cemetery must be immediately removed. All damages that may be done will need to be fixed at the Cemetery Grounds.
Administrative liability – No officer, agent or employee of the City or the Board of Aldermen shall be rendered liable for any damage that may occur to any person as a result of any act, decision or other consequence or occurrence arising out of the discharge of their duties and responsibilities pursuant to this Ordinance.

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]

1^ST READING: 13^th day of July 2022

2^ND READING: 13^th day of July 2022

THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 13^TH DAY OF JULY 2022

______________________________

Nathan Kassner, Mayor

ATTEST:

______________________________

Casey Crews, City Clerk

Ayes: Bonham, Rich, Entrikin

Nays: None

[i] For informational purposes, this Ordinance repeals and replaces the following: Ordiannce 1698, enacted January 8^th, 2020; Ordinance 1679, enacted December 12^th, 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.

EXHIBIT A

AGREEMENT FOR PURCHASE OF CEMETERY INTERMENT RIGHTS

This Agreement is made this ___________ day of _________________, ___________, by and between the City of Rich Hill “Seller” and ____________________________________________________________________________

“Purchaser” of _________________________________________________________________________________

Street City State Zip

Purchaser Telephone Number (__________) _________________________________________________________

WITNESSETH THAT: Seller agrees to sell and Purchaser agrees to buy Interment Rights in the following lots in Greenlawn Cemetery:

Section _________________ Lot ___________________ Space(s) __________________________

INTERMENT RIGHTS

Number of Plots __________ at $_____________ per lot = $__________________________

PERPETCUAL CARE

Number of Plots __________ at $_____________ per lot = $__________________________

Total Price $____________________
Down Payment $________________
Unpaid Balance $________________

Your payment schedule is as follows:

Number of Payments	Amount of Payments	Monthly Payments Begin

For value received, the undersigned Purchaser, jointly and severally if more than one, promises to pay to the order of Sellar, at its address shown above the amount identified above as the Total price in accordance with payment schedule set out above.
Seller will retain title to said Interment Rights until the Total Price has been paid by Purchaser to Seller. Seller shall at all times remain the owner of the real property.
Purchaser agrees that all rights conveyed under this Agreement are subject to, and Purchaser agrees to always comply with, the Ordinance set in place by the Board of Aldermen, which is available for examination in Seller’s office, as they presently exist or may be hereafter altered, amended or adopted.
A charge for opening and closing the interment space is not included in the total price set forth herein and will be assessed at the time such service is requested.
Upon payment of the total price by the Purchaser, the Seller agrees to convey the above-described Interment Rights by issuance of a Deed to the designated person(s).

BY SIGNING THIS AGREEMENT, THE PUCHASER CONFIRMS THAT HE OR SHE HAS READ, UNDERSTANDS AND AGREES TO ALL TERMS OF THIS AGREEMENT AND THAT HE OR SHE HAS RELIED ON NO VERBAL REPRESENTATION OF SELLER. PURCHASER DELCARES THAT THE INFORMATION PURCHASER HAS GIVEN ON THIS FORM IS TRUE AND CORRECT. PURCHASER WILL BE RESPONSIBLE FOR PAYING ALL FEES SET BY THE BOARD OF ALDERMEN IN CONSIDERATION OF BEING GRANTED THE RIGHT OF INTERMENT IN THE ABOVE PLOTS(S) LOCATED IN THE GREEN LAWN CEMETERY. PURCHASER FUTHER DECLARES THAT PURCHASER HAS BEEN GIVE A COMPLETE AND ACCURATE COPY OF THE CITY ORDINANCE AND HEREIN AGREES TO ABIDE BY THEM. PUCHASER ACKNOWLEDGES THAT PURCHASER HAS RECEIVED A COPY OF THIS APPLICATION AS A RECEIPT OF PURCHASE.

DATE __________________________________________

Signature of Purchaser

APPROVED BY: ____________________________ DATE: ______________________________________

[1] For informational purposes, this Ordinance repeals and replaces the following: Ordiannce 1698, enacted January 8^th, 2020; Ordinance 1679, enacted December 12^th, 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.