CHAPTER 12. PUBLIC PROPERTYCHAPTER 12. PUBLIC PROPERTY\Article 2. Cemetery

The cemetery grounds shall hereinafter be known as the Frontenac City Cemetery and when the word “cemetery” is hereafter used in this article, it shall mean Frontenac City Cemetery.

(Ord. 2008-07; Code 2021)

The supervision and management of the cemetery shall be under the care, government and control of the mayor and council as the governing body of the city. The governing body shall have full power and authority to make all rules and regulations necessary and proper respecting the cemetery as provided by law. The general care and supervision of the cemetery grounds shall be under the care and control of the City Administrator or his/her designee.

(Ord. 2008-07; Code 2021)

The city clerk shall, by virtue of his or her office, be the custodian of the cemetery records and transactions respecting the sale of any lots. All moneys received by the clerk from the sale of cemetery lots and burial permits shall be by the clerk deposited into the general fund, the same to be used for the care and beautification of the cemetery as provided by this article. The clerk shall ensure that an accurate record is kept of the location of the graves in the various lots, on cemetery maps and in a book to be furnished for that purpose.

(Ord. 2008-07; Code 2021)

Upon the payment to the city clerk of the purchase price of any lot, there shall be issued to such purchaser a certificate under the seal of the city, which shall be signed by the clerk. Such certificates so signed and sealed shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such lot or lots for the sole purpose of human interment, under the regulations of the city council. No cemetery certificate shall be issued for any lot until the full purchase price thereof shall have been paid; provided, that no person shall hereafter convey or transfer any lot or portion thereof without the consent of the city clerk. Any owner of a lot may give permission in writing filed with the city clerk for the interment of others than his or her own immediate family, in his or her lot or portion thereof, but not for money or other consideration.

(Ord. 2008-07; Code 2021)

No interment shall be made in the cemetery without first procuring from the city clerk a permit therefore, giving the information required by law and rules of the cemetery and describing the lot and block in the cemetery in which burial is to be made. Upon application being made and upon payment of the required fee, the clerk shall issue the necessary permit which shall disclose the information set forth in the application.

(Ord. 2008-07; Code 2021)

(a)   Each grave opened may be inspected by the city. Each grave shall be located entirely upon one burial space as shown in the plat of the cemetery.

(b)   In closing any grave the dirt shall be tamped and the sod shall be placed level with the surrounding grounds. Grass seed and leveling of dirt must be accounted for at each grave site. Each grave site shall be inspected by the city three (3) months after the burial date in order to determine that the ground and/or grass is established and brought back to original elevation. The city shall notify the permit holder in writing if conditions at the gravesite are unacceptable and specifically set forth what the permit holder needs to accomplish to rectify the same. Upon written notice, the permit holder shall have ten (10) days to correct the stated problem. The city shall re-inspect, if conditions still exist, permit holder may be fined as provided herein.

(c)   All graves must be hand dug. Exceptions must be granted in writing from the City Administrator. All caskets must be encased in a vault.

(d)   Failure to abide by the provisions set forth above shall result in the permit holder being subjected to a fine not to exceed $250.00 being assessed against the permit holder. Additionally, the city may refuse to issue a permit to an individual and or business if the individual or business has a pending violation of this article at the time he/she applies for a burial permit.

(Ord. 2008-07; Code 2021)

The price of lots in the cemetery shall be fixed from time to time by the governing body.

(Ord. 2008-07; Code 2021)

All planting on individual lots shall be approved by the city. All planting of trees, grass, flowers, and other vegetation shall conform to the beautification pattern prescribed by the governing body as recommended by the Frontenac City Cemetery Board for the entire cemetery area.

(Ord. 2008-07; Code 2021)

No building, wall, or monumental work shall be constructed until a permit is granted by the city. All grave sites must be marked with a permanent marker no less in size than 8 inches by 8 inches. Permanent markers must be set within three (3) months of the date of issuance of the burial permit as provided in Section 12-207. Failure to set a permanent marker at the grave site shall result in a fine not to exceed $250.00 being assessed against the permit holder. The city may in writing extend the time allowed for the placement of a permanent marker.

(Ord. 2008-07; Code 2021)

Any person desiring to reopen any grave in the cemetery to exhume or remove the body therefrom or for any other purpose shall first obtain a permit therefore from the city clerk; which permit shall set forth the number of the lot and block on which the grave is situated, the name of the person buried therein, and the time of such burial and the place where such body is to be reburied if it is to be reburied; and it shall be in writing and shall be signed by the city clerk and have the seal of his or her office attached thereto, and the applicant for such permit shall pay to the city clerk a fee as set forth by resolution, which fee shall include the fee for opening and filling of the grave and supervision of the removal of such body, but not the removal of such body or the labor involved in such removal. The reopening of such grave and the removal of such body shall be done under the supervision of the city.

(Ord. 2008-07; Code 2021)

No person shall discharge any firearm or have possession of any firearm within the cemetery grounds, except in case of military funerals and on Memorial Day, without the written permission of the city.

(Ord. 2008-07; Code 2021)

No grave will be opened except by order of the husband, wife, father, mother, son or daughter of the deceased, and then only for good cause, and the city reserves the right to refuse any request. This provision does not apply when disinterment is ordered by a duly authorized court or law enforcement agency.

(Ord. 2008-07; Code 2021)

No person shall remove any object from any place in the cemetery or make any excavation without the consent of the city.

(Ord. 2008-07; Code 2021)

All rubbish, unsightly material, or debris accumulating from any work or any cause, must be removed at once by the person or persons causing its accumulation. All derricks, tools, etc., must also be removed at once and the grounds left in as good condition as found.

(Ord. 2008-07; Code 2021)

If any object or structure, or any part of any structure within the cemetery shall be deemed to be objectionable or to have become objectionable or unsightly, the city shall have the right to remove the same with the approval of the cemetery board.

(Ord. 2008-07; Code 2021)

(a)   No person shall drive any vehicle faster than a walk within the cemetery; nor drive over any path or roadways prohibited by the city or obstruct any such drive or path therein.

(b)   No heavy trucking will be allowed in the cemetery during wet weather except for funeral purposes or by authorized city personnel.

(c)   No vehicle shall be driven in the cemetery except on the streets except city vehicles during the performance of their duty.

(d)   No person shall use the cemetery grounds or any road therein as a public thoroughfare nor drive any vehicle through the cemetery grounds except for the purpose of making deliveries or visiting a grave site in the cemetery unless authorized by the city.

(Ord. 2008-07; Code 2021)

No person shall enter or leave the cemetery except at the designated entrance and exit.

(Ord. 2008-07; Code 2021)

No child shall be permitted within the cemetery unless accompanied by and in the control of an adult.

(Ord. 2008-07; Code 2021)

No person shall allow his or her dog to run at large in the cemetery.

(Ord. 2008-07; Code 2021)

No person shall leave unattended or unfastened any horses or other animal in the cemetery.

(Ord. 2008-07; Code 2021)

It shall be unlawful for any person willfully to make any unnecessary noise or disturbance, or to cut down, deface, mutilate or injure any lot, tomb, monument, marker, railing, tree, shrub, flower, decoration or grave in the cemetery. Violators may be criminally prosecuted.

(Ord. 2008-07; Code 2021)

It shall be unlawful to erect or construct any fences, coping or curbing or wood, stone, brick, cement, or other material on or around any lot or part of lot or any grave, or to plant any tree, flower or shrub on any cemetery lot or grave without the written permission of the Frontenac Cemetery Board; provided, this section shall not be construed as prohibiting the erection of headstones, monuments, tombs, or markers. The city shall at all times have the right to remove all natural or artificial flowers, plants, wreaths, baskets, receptacles, decorations, trees, shrubs, and plantings whenever in its judgment such become silted, dead, or unsightly or are of such type, kind or nature as to obstruct or hinder the proper maintenance of the cemetery or are not approved by the Frontenac Cemetery Board and in accordance with the written rules posted at the cemetery.

(Ord. 2008-07; Code 2021)

It shall be unlawful for any person to enter or be in the Frontenac City Cemetery between sundown and sunup of the following day, unless such person is an adult that is visiting a gravesite at the cemetery, and any other person upon such premises during the aforesaid times shall be guilty of trespassing and may be criminally prosecuted.

(Ord. 2008-07; Code 2021)

Workmen must suspend labors, if in immediate vicinity of an interment, until the conclusion of the services.

(Ord. 2008-07; Code 2021)

Any person violating any provision of this article shall be subject to a fine of not more than Five Hundred Dollars ($500.00).

(Ord. 2008-07; Code 2021)