Chapter XII · Public Property

ARTICLE 2. CEMETERIES

Sections 12-201 to 12-213 · 13 sections

12-201 Unnecessary noise, disturbance.

It shall be unlawful for any person to willfully make any unnecessary noise or disturbance, or to injure or deface any portion of the cemetery or any structures thereon, or to violate in any manner the proper decorum of the sacred ground devoted to the interment of the human dead. No dogs or other animals shall be permitted to run loose in the cemetery and the owner of such animal shall be responsible for any damage caused thereby. Any person found to violate this article shall be punishable for fine not to exceed $400.00 for first offense, and a fine not to exceed $800.00 for the second or subsequent offence.

(Ord. 103-2000; Code 1999, 18-1; Code 2016)

12-202 Perpetual care fund.

(a)Whenever any person, organization, or society shall desire to place or deposit with the city any money or securities to be used in improving, maintaining, and caring for any lot, grave, monument, vault, or other cemetery property, the donor shall file with the city clerk an instrument in writing describing the money or property desired to be improved, maintained, and cared for, together with directions as to the improvement and maintenance thereof. The instrument in writing shall authorize the city to invest or reinvest such money or the proceeds of any such securities in the manner provided by law, and to use the income therefrom for the purpose in such instrument and as provided by law.

(b)The city clerk shall keep suitable records relating to any funds placed or deposited with the city in accordance with the provisions of this article and shall record therein all written instruments filed as provided in subsection (a). The approval of these instruments shall be made by the mayor and council. The city clerk shall deliver to the city treasurer any money or securities so deposited or placed with the city. The city clerk shall record the receipt of the city treasurer of such money or securities.

(c)The city clerk shall be the custodian of any money or securities placed or deposited with the city, under the provisions of this article, and shall invest or reinvest such money or securities with the proceeds thereof as shall be ordered by the mayor and city council of the city. Such funds shall be kept by the city clerk in a separate fund to be known as the Gas Cemetery Perpetual Care Fund.

(d)All securities purchased by the city treasurer, under the provisions of this article, shall be plainly stamped or written in ink on the face thereof the words “PROPERTY OF GAS CEMETERY PERPETUAL CARE FUND.” All money deposited in such fund shall be withdrawn only by order of the mayor and governing body of the city and all warrants shall be issued and signed by the city treasurer and countersigned by the city clerk.

(Ord. 103-2000; Code 1999, 18-2; Code 2016)

12-203 Care and supervision.

The general care and supervision of the grounds of the cemetery shall be under the control of the mayor and council of the city or such supervisory committee as they may appoint. The mayor and council or such supervisory committee may appoint a caretaker who shall have the supervision and management of the planting or removal of all plants and trees in the cemetery, and no person shall be allowed to plant any growing plants upon any lot which would be injurious to adjoining lots.

(Ord. 103-2000; Code 1999, 18-3; Code 2016)

12-204 Repurchase.

The city clerk, for and on behalf of the city, shall have the authority to repurchase from any person holding a certificate of purchase, the unused portion of any cemetery lot, paying therefor an amount in proportion to the original sale price as the unused portion bears to the whole. Such lots or portions so repurchased by the city shall then be entered upon the record book of the cemetery for resale. If the certificate of purchase for such lot was never recorded, the clerk shall take up the original certificate and cancel it. Should such certificate have been so recorded, then the owner of the lot shall give the city a good and sufficient certificate of purchase therefor, which shall be recorded.

(Ord. 103-2000; Code 1999, 18-4; Code 2016)

12-205 Burial plots.

(a)Burial plots shall measure five feet by ten feet in size. Generally a lot will measure 20 feet by 20 feet and will consist of eight burial plots.

(b)Burial plots shall be sold at a price of $300.00 each.

(Ord. 103-2000; Code 1999, 18-5; Code 2016; Ord. 493-2024)

12-206 Mausoleums.

No surface standing mausoleums shall be permitted. All individual mausoleums shall be required to have a six-inch concrete collar. Where two mausoleums are placed side by side, the surface area between the mausoleums shall be filled with concrete.

(Ord. 103-2000; Code 1999, 18-6; Code 2016)

12-207 Monuments and markers.

(a)Arrangements must be made with the city prior to the setting of any monument or marker.

(b)All monuments and markers shall be placed at the head end of the plot, and shall be placed in line and consistent with markers in the adjacent plots. Monuments may not be placed in the center of a lot.

(c)All monuments and markers shall be set with six-inch wide concrete flange front and rear, and 12 inch flange on each side, in one piece of concrete, together with a uniform foundation extending to the outside width of such flange.

(d)All foot markers must be set flush with ground level with a six-inch wide flange completely around the foot marker. Each foot marker shall also have a uniform foundation extending to outside width of such flange.

(Ord. 103-2000; Code 1999, 18-7; Code 2016)

12-208 Policy on burials.

(a)Whenever possible, burials should take place between Monday morning and Saturday evening of any week.

(b)All plots shall run east to west with the head placed toward the west.

(Ord. 103-2000; Code 1999, 18-8; Code 2016)

12-209 Care and use of plots.

(a)No plot shall be enclosed by any fence, curb, hedge, flower border, or other enclosure or demarcation of any kind.

(b)No trees, shrubs, vines, flowers, or similar landscaping plants shall be planted on any plot, except in containers as part of a monument or headstone and spring perennials that can be mowed. The planting of any tree, shrub, vines or flowers or similar landscaping in any general or common area of the cemetery shall be permitted only upon the express written permission of the city. No trees, shrubs or other landscaping shall be removed, trimmed or pruned, except by the city or at the direction of the city. As an exception, spring perennials that can be mowed may be planted.

(c)No boxes, shells, toys or other articles shall be placed upon any grave or plot at any time. Any articles left on graves for in excess of ten days shall be collected and discarded without notice to the owner. No glass containers shall be permitted.

(d)All graves and lots shall be kept clean and free from any rubbish or waste material, and shall, as nearly as possible, be kept level with the natural contour of the ground. Any grading or filling of the plots is prohibited.

(Ord. 103-2000; Code 1999, 18-9; Code 2016)

12-210 Commercial use of the cemetery.

No person shall engage in any commercial enterprise upon the cemetery premises. The sale of refreshments or merchandise shall not be permitted within the cemetery. The discharge of any firearms on the premises is prohibited, except at a military funeral. Anyone found violating this provision shall be punishable by a fine not to exceed $400.00 for a first offense and a fine not to exceed $800.00 for a second offense.

(Ord. 103-2000; Code 1999, 18-10; Code 2016)

12-211 Use of cemetery roads.

No person shall use any road or street in the cemetery except for lawful purposes and for uses directly pertaining to the cemetery. No vehicle shall exceed a speed of 15 M.P.H. Except when opening, closing or preparing a grave, it shall be unlawful to drive upon, over, or across any cemetery lot or other place in the cemetery other than upon the streets and roads laid out and established for that purpose. Anyone found violating this provision shall be punishable by a fine not to exceed $400.00 for a first offense and a fine not to exceed $800.00 for a second offense.

(Ord. 103-2000; Code 1999, 18-11; Code 2016)

12-212 Conveyance, transferal, or devise of lots.

Any person owning a lot or part of a lot in the cemetery addition may convey, transfer, or devise such lot to any other party or person. Owners of lots or parts of lots by will, trust, determination of descent or other legal proceeding shall have the same rights to its use as the original owner of the lot. Any owner of a lot or part of a lot shall have the right to give permission by written order filed with the city clerk for the interment for the remains of others than his own immediate family in his lot or portion of a lot, but not for money, other consideration, or profit. All purchases, transfers, and conveyances of cemetery lots and graves must be done only be certificates of purchase issued by the city. All certificates of purchase shall be signed by the mayor, or a council member on behalf of the mayor.

(Ord. 103-2000; Code 1999, 18-12; Code 2016)

12-213 Heirs, devisees, owners of lots.

Heirs or devisees of cemetery lot owners will be recognized according to Kansas law only upon filing of proof with the city clerk of legal ownership. No further burials shall be made on the lots after the death of the owner of record until such proof is furnished. No sale or assignment or transfer of lots or parts of lots shall be recognized by the city until the certificate of purchase or assignment shall have been properly recorded in the office of the city clerk.

(Ord. 103-2000; Code 1999, 18-13; Code 2016)