CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 3. CEMETERIES

The public cemetery of the city shall be composed of the Udall cemetery as the same is described and designated in the plats thereof.

(Code 1975, 10-101)

Lots or spaces may be sold for burial purposes only and the certificates of sale shall be issued by the mayor and the city clerk under the seal of the city. The price of which such sale shall be made shall be determined and fixed by the governing body of the city who shall make a schedule of prices for all lots as already offered for sale, which prices shall be uniform to all applicants.

(Code 1975, 10-102)

Where a space or lot may be desired for one or more single interments, it shall be the duty of the city clerk to select and determine and issue his or her proper certificate for such lot or space out of some block in the cemetery which shall not have been previously set aside for that purpose and marked on the record for such purpose, for which no whole lot has been sold to any one person.

(Code 1975, 10-103)

(a)   The city clerk shall, on payment to him or her of such sum as may be fixed by the governing body for digging and filling grave and furnishing to him or her the information in this article required, shall issue to any person applying for the same, a burial permit which shall set forth:

(1)   The name, age, sex and last place of residence of the deceased person to be buried.

(2)   The number of the space, lot and block in the cemetery in which the interment is to be made.

(3)   The name of the owner of such lot or space, and of the person at whose request such certificate is issued.

(b)   In case such lot belongs to any other person than the deceased, or to the applicant for such permit, such permit shall not be issued unless the clerk is satisfied that the burial of such person thereon is authorized by such owner; provided, however, that if the interment is to be made in such manner that digging and filling of a grave is not required, the permit shall be issued on payment of such sum as the mayor may determine and upon furnishing the information required above.

(Code 1975, 10-104)

It shall be the duty of the city clerk to keep a record in a book to be provided and kept for that purpose to be known as the “Cemetery Lot Record,” and ruled with columns for the several separate items and with cross-lines to each page for the separate lots; the records shall contain the following:

(1)   The names of all persons who have in the past purchased or who may purchase any space in the cemetery.

(2)   The description of the property purchased, by number of space or lot.

(3)   The date of its purchase.

(4)   The amount paid therefore.

(5)   The number of the certificate of ownership or deed.

(Code 1975, 10-105)

The city shall provide “Burial Permit Books” with stubs to correspond, and numbered on the stubs to correspond with the permits to which they respectively belong and conform to requirements or permits as contained in this article. All burial permits issued by the city clerk shall be made out on such blank permits in their proper order and at the time of the issuance thereof, the clerk shall fill out the stub of such permit so as to show the contents thereof and shall also enter the number of such permit and the memorandum relating thereto in the proper columns of the cemetery lot record as required herein. The stubs of such permits shall be retained and preserved by the clerk and together with the cemetery lot record, shall constitute a part of the records of the city. The sale of all lots or spaces which have heretofore been made by the city are hereby ratified and confirmed.

(Code 1975, 10-106)

The management of the cemetery shall be under the direction of the mayor, but the mayor may appoint an advisory committee for such purposes as he or she deems advisable. The city clerk and sexton shall make such reports to the governing body as may be required. No graves shall be dug or opened in the cemetery except by the sexton or under his or her supervision; provided, that in case of the absence or disability of the sexton, the mayor may designate some person to act in his or her stead and no grave shall be dug or opened therein, except where a permit therefor has been issued as provided in this article, nor shall any grave be dug or opened on any other lot than the one described in such permit.

(Code 1975, 10-108)

Any person or persons desiring to open any grave or to exhume or remove any body now buried, or that may hereinafter be buried in the cemetery, shall first pay a fee for opening such grave, exposing rough box or vault, filling hole; provided, the mayor shall make a uniform schedule of prices for all such services; provided further, such person must obtain a permit therefor from the city clerk setting forth:

(1)   The number of the space, lot and block, where the same can be ascertained, on which such grave is situated.

(2)   The name of the person buried therein, and the time of burial as near as the same can be ascertained.

(3)   The extent and character of the work to be done or the change to be effected.

(4)   Where such body is to be re-buried in any other part of the cemetery, such permit shall confirm, as nearly as may be, to the requirements for permits contained for original burials. No person shall, without authority, or in violation of the laws of the State of Kansas, open any grave or exhume or remove any body, or without written permit from the county coroner; provided, the provisions of this section may be waived for officers or parties acting under court order.

(Code 1975, 10-109)

No fence, curbing or other structure of any kind whatsoever shall be erected on any lots, section, or in any cemetery, except metal, marble or granite slabs or monuments; provided however, that the owner of one or more lots who shall desire to erect any vault, tomb or sepulcher, monument or other structure on any such property, to be composed entirely of metal, stone, brick, marble or granite, or in any two or more of such articles, may be allowed to do so upon the approval of the plans and designs therefor by the mayor; provided, further, That all fences, curbings, railings and other structures heretofore erected for the protection or beautifying the cemetery or any part thereof, may be allowed to remain thereon so long as they shall be and remain out of proper repair and become unsightly, it shall be the duty of the sexton to remove the same from the cemetery; provided further, that the mayor may establish certain areas wherein only certain types of monuments may be used.

(Code 1975, 109-110)

The office of sexton of the cemetery is hereby created and the same shall be filled by appointment by the mayor.

(Code 1975, 10-201)

The sexton of the cemetery shall have general charge and exercise immediate control of the cemetery of the city under the supervision and direction of the mayor and it shall be his or her duty to attend to the digging and filling of all graves and to superintend and carry out all ordinances of the city relating to the cemetery, and all rules and orders of the mayor and commissioners for the regulation, protection, government and improvement of the cemetery and to do and perform such work and labor therein as may from time to time be ordered by the mayor or by resolution of the board of commissioners. He or she shall have the exclusive use, control and management of all water hydrants and all hose used for watering purposes in the cemetery, subject only the instructions and orders of the mayor, and he or she shall keep all graves in good condition and shall dig all graves on lots sold by the city for burial purposes and shall fill up and keep filled up all graves in the cemetery. He or she shall also keep the cemetery free from weeds and tall grass by mowing the same and shall perform all other work necessary for the keeping of the cemetery in good condition.

(Code 1975, 10-202)

The sexton is hereby made and constituted ex officio, a police officer of the city, with authority to arrest and detain without process, all persons who may be found violating any of the rules or ordinances of the city in or relating to the cemetery, when the violation was committed within his or her view.

(Code 1975, 10-203)

No person shall be allowed to walk, ride or drive over or across any grave or occupied or improved lot, block or section in the cemetery; provided however, this section shall not apply to the sexton in the discharge of his or her duties.

(Code 1975, 10-301)

It shall be unlawful for any person to willfully cut, carve, mark, break or otherwise deface or injure any monument, gravestone, slab, corner post, building, fence, railing, trees, shrub or flower in the cemetery or used for the protection, beautifying or improvement of the cemetery or any grave, lot, section or block therein. It shall further be unlawful for any person or persons to go into the cemetery, unless accompanied by the sexton, at any time between sundown and sunrise, or to remain loitering in the cemetery without any apparent errand or object.

(Code 1975, 10-302)

It shall be unlawful for any person to divert or attempt to divert the cemetery, or any block, section, lot, street, alley or part thereof, from the usual and proper use and occupancy thereof, from the usual and proper use and occupancy thereof for cemetery and burial purposes, and no person shall dig or excavate in any street, lane, alley, walk, or common in the cemetery, except in grading or otherwise improving the same under the direction of the sexton.

(Code 1975, 10-303)

All of the cemetery grounds as defined in this article shall be governed by the general ordinances of the city, in all cases where the same are not in conflict with the provisions of this article and where such ordinances are applicable thereto; the police power of the city and its officers, are hereby extended so as to include all of the cemetery grounds for the purpose of the government and control thereof.

(Code 1975, 10-304)

(a)   In every earth interment, the casket shall be enclosed in a vault or box constructed of concrete, steel or fiberglass.  The use of wooden boxes is prohibited.

(b)   All cremains shall be enclosed in a nondecomposable container and interred in a space.

(Ord. 612; Code 2014)

(a)   Weekday

(1)   Traditional burial/vault $250

(2)   Cremation urns/vault $150

(b)   Weekend

(1)   Traditional burial/vault $300

(2)   Cremation urns/vault $200

(Ord. 631, Code 2014)