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2013-06 Chapter 14 Cemetery

TOWN OF NEWELL

Ordinance 2013-6

CEMETERY ORDINANCE

 

AN ORDINANCE AMENDING CHAPTER 14 CEMETERY SECTION 2 PLAT, SECTION 3 CARE AND MANAGEMENT, SECTION 4 PERMIT TO USE CEMETERY, SECTION 5 PRICE OF LOTS, SECTION 6 DIGGING OF GRAVES, SECTION 7 TRESPASS, SECTION 8 CARE OF MONEY RECEIVED AND SECTION 9 PENALTY.

 BE IT ORDAINED BY THE BOARD OF CITY COMMISSIONERS OF THE CITY OF NEWELL SOUTH DAKOTA.

Section 1.  Name – The City Cemetery, consisting of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter (NE ¼ NE ¼  NE 1/4) of Section Thirty-one  (31) in Township Nine (9)  North of Range Six (6) E.B.H.M. and areas which may be added hereafter thereto, will be known as Hope Cemetery.

 Section 2.  Plat – The plat of the Cemetery shall be carefully preserved by the Finance Officer.   This plat shall show all burying lots sold and unsold occupied and unoccupied, also all streets and alleys therein and shall be stored in a locked fire proof vault in the Finance Office.

 Section 3.  Care and Management -    The Cemetery, owned and operated by the city, shall be governed, managed, and operated under the control of the City Commissioners and Mayor.  It shall be the duty of the public works department to mark the grave sites and to only oversee the digging of the graves; to properly care for and irrigate all trees and grass growing in the cemetery; to keep the driveways, walks and fences in good condition; and to see that the provisions of this ordinance, rules and regulations of the Commissioners and Mayor governing the cemetery are complied with in every way.  The Administration and operation of the cemetery shall be under the Finance Officer and Public Works Foreman who may make day to day rules and regulations, which shall be subject to the approval by the Commissioners and Mayor and kept on file in the public works office and in the Finance Office.

 Section 4.   Permit to use the Cemetery – Only human remains may be interred in the Newell Cemetery.  No remains or ashes of any human being shall be interred in said cemetery until a permit for the interment is obtained from the Finance Officer.  This permit will be given without charge upon the receipt by Finance Officer of the Certificate of Death from the physician in attendance or other proper authority.  No Finance Officer shall assist in the interment of such remains until a permit for the interment has been obtained.  The permit shall give the name of the deceased, place and date of birth, sex, date of death, age, and cause of death. The permit must be issued by the Finance Officer before the interment.  The Finance Officer will send the permit to the county auditor immediately after the interment with a memorandum showing the lot and portion of the lot on which the grave is situated, and the County Auditor shall keep a record of said permit and memorandum. 

The Finance Office shall keep all records of the cemetery and shall procure suitable books, blank forms, or other records.  The Finance Officer will account for all cemetery funds in accordance with applicable state and local laws.  A map of the cemetery shall be kept in a fire proof locked vault in the Finance Office.   All cemetery lots or graves spaced shall be paid for at the time of purchase.  No burials shall be made upon a lot for which the city has not received settlement.  Upon receipt of full payment, a perpetual care certificate will be issued.  All cemetery lots or grave spaces shall be used for burial purposes only and shall not be resold without the consent of the designated city employee.  No “stack burials,” which means two or more burials in one space are permitted, except as follows: up to four cremains are allowed for each permitted space and infants and stillborn are permitted in the foot space if a normal burial is to be allowed later.  A limit of one (1) infant or stillborn will be allowed per permitted space. 

When the ashes of a cremated body are to be interred in the cemetery, the ashes must be in a durable urn or in a strong metal or concrete case.  When burying the container shall be no larger than one (1) foot by one (1) foot.  No remains shall be buried in the cemetery unless the casket is enclosed in a concrete or steel container.  No wooden or fiberglass outside containers shall be allowed.  

There is to be no planting of any living trees, shrubs, flowers or plants allowed upon grave units, lots or in alleyways. Existing plantings located on graves or in alleyways will not be replaced.  Permanent vases will only be placed within the grave space on the sides of the concrete monument bases.  One (1) upright maker shall be allowed per space.   Flowers, items, and decorations on lots or graves will be removed when they become unsightly, damaged, or are not placed in compliance with these regulations. The City will not be held responsible for articles, which may be left on any lot or grave.  In all cases, the right is given to the City to remove from any lot or grave any article, which is unsightly or otherwise objectionable. 

Concrete borders around graves are allowed and corner markers, if desired, may be placed at the property owner’s expense and must be flush with the ground.  Corner markers may be no larger than four (4) square inches in surface area.   All headstones and markers in any “new” area of the cemetery must be flush with the ground. 

Any person who purchases any cemetery lot shall, by such purchase, be deemed to have agreed, on behalf of himself and his heirs and assigns, to hold the city harmless for any damages resulting from an inadvertent burial on the wrong lot or for any damage to any stone, marker or other improvement placed on the lot so purchased. 

Section 5.  Price of Lots – The prices for lots shall be $100.00 per lot plus the county filling feeand Perpetual Care for $400.00 plus sales tax.

Section 6.  Digging of Graves - The digging of all graves shall be done by or under the supervision of the Funeral Home Director at the expense of the lot owner.   No one other than a funeral director or a city employee may dig in the cemetery.  Anyone seen or caught digging may be fined under section 9.

Section 7.  Trespass - No driving is permitted on cemetery except on the streets and alleys.  No Live stock may be allowed to be on any part of this cemetery. 

Section 8.  Care of Money Received – All money received from sale of Cemetery lots shall be paid to the City Finance Officer for deposit in the Cemetery fund of the city, and all expenditure from this fund for the care of the cemetery shall be by regular city warrant drawn on the cemetery fund.

Section 9.  Penalty -  Any person violating any of the provisions of this ordinance shall upon conviction thereof be subject to a fine of not less than $100.00 and not over $200.00 and costs, and shall stand committed until such fine and costs are paid.      

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 

This ordinance shall be in full force and effect from and after its passage and publications as provided by law.

Approved this 10th day of February, 2014.

Finance Officer Jennifer Parrow                                                                        

Mayor Mike Wolff

First Reading:  January 13, 2014

Published:  January 22, 2014

 

Second Reading:  February 10, 2014

Published:  February 19, 2014