Chapter 12 · Public Property

Article 6. Cemetery

Sections 12-601 to 12-615 · 15 sections

12-601 Cemetery records.

The City Clerk or his/her designee shall have the custody and keeping of the original and official cemetery records of lots, conveyances, owners and interments in the Municipal Cemetery and shall keep an official plat of the cemetery. He/she shall collect and account for cemetery funds from the sale of lots or received from other sources and shall issue all cemetery deeds and permits as authorized by law or ordinance.

(Prior Code 2016 §125.010; CC 1968 §5-101; Code 2021)

12-602 Notification.

It shall be unlawful for any person or any agent for any person to bury or attempt to bury their dead in the Municipal Cemetery without first notifying the City Clerk. The City will require notification at least twenty-four (24) hours before interment. If proper notice is not given, the City will levy an extra charge for any overtime necessary.

(Prior Code 2016 §125.020; Code 2021)

12-603 Fees and Charges.

(a)The following fees and charges shall be made for cemetery services in the Paola Cemetery:

(1)Permit for monuments and headstones.

Monument: $25.00

Headstone: $25.00

Government-issued marker: $0.00

(2)Disinterment fees.

Disinterment permit: $100.00

Open and close: $750.00

Relocation in Paola cemetery: $300.00

(Disinterment services ONLY during regular business hours, Monday through Friday.)

(3)Open and close – mausoleum.

Weekdays 8:00 A.M. to 4:00 P.M.: $200.00

Saturday and weekdays after 4:00 P.M.: $300.00

Sunday and holidays: $330.00

(4)Open and close – casket and vault.

Weekdays 8:00 A.M. to 4:00 P.M.: $500.00

Saturday and weekdays after 4:00 P.M.: $600.00

Sunday and holidays: $650.00

(5)Open and close – cremation.

Weekdays 8:00 A.M. to 4:00 P.M.: $250.00

Saturday and weekdays after 4:00 P.M.: $350.00

Sunday and holidays: $400.00

(6)Open and close – infant grave.

Weekdays 8:00 A.M. to 4:00 P.M.: $100.00

Saturday and weekdays after 4:00 P.M.: $200.00

Sunday and holidays: $250.00

(b)The following fees shall be made for purchasing cemetery positions in the Paola Cemetery:

Cemetery AdditionPrice Per PositionOther Requirements

Elmwood$100.00May purchase single positions

East Elmwood$100.00May purchase single positions

East$125.00May purchase single positions

East Chippewa$125.00May purchase single positions

Oak Grove$125.00May purchase single positions

North No. 1$175.00May purchase single positions

North No. 2$175.00May purchase single positions

Sanders No. 1$225.00Must purchase positions in pairs

Sanders No. 2$250.00Must purchase positions in pairs

The location of the specific position desired shall determine its relative cost. The City Clerk shall not sell irregular grave positions if he/she determines that such a sale would be detrimental to the overall development or appearance of the Cemetery or if such a sale would adversely affect adjoining positions. A schedule of costs shall be available for inspection at the City Clerk’s office at all times. The City Clerk shall have the responsibility to see that all positions are sold at the price and according to the terms set by the Governing Body.

(Prior Code 2016 §125.030; Ord. 2559; Ord. 2590; Ord. 2666; Ord. 2757; Ord. 2847; Ord. 3103; Code 2021)

12-604 Cremation Burial Regulations.

(a)The following regulations apply to all cremains buried in the Paola Cemetery:

(1)No more than two (2) individual cremains may be buried on any one position in the Paola Cemetery.

(2)On a position that a casket and vault has previously been buried, up to two (2) cremains may be buried on top of the vault on that position.

(3)Cremains buried in the Paola Cemetery must be buried in an urn. The urn must be durable and sufficient for burial or buried in a vault specifically designed for urns. Cardboard boxes or other containers that easily decompose are not allowed.

(4)Cremains may not be scattered or sprinkled on any position in the Paola Cemetery.

(Prior Code 2016 §125.030; Ord. 3103; Code 2021)

12-605 Sale of Lots.

All lots shall be sold for such sums in each case as may be fixed thereon from time to time by the Governing Body. All lots must be paid for in full by the purchaser at the time of the purchase. No lot or lots shall be used as a burial place until the purchase money shall have been paid and the purchaser shall have received a deed therefor. Upon the presentation to the City Clerk of the purchase money, there shall be issued to the purchaser a certificate of such purchase under the Seal of the City, which certificate shall be signed by the Mayor and countersigned by the Clerk, and such certificate so signed as aforesaid shall convey the estate which, by law in such case made and provided, is intended to be conveyed for the sole purpose of interment.

(Prior Code 2016 §125.040; Code 2021)

12-606 Transfer of Lots.

For the purpose of preventing profiteering in dealing in cemetery burial lots, it is hereby declared to be necessary that certain restrictions be placed upon the resale of lots. No person shall have a right to sell or otherwise dispose of any burial lot or lots which are acquired in the Municipal Cemetery or any additions thereto subsequent to the effective date of this Article to any person, firm or corporation, without first offering said burial lot or lots to the City at the same price at which said lot or lots were first acquired from the City. The City shall have the right to purchase said lot or lots at the price for which said lot or lots were originally sold and shall within seven (7) days after said lot or lots are offered to the City either purchase said lot or lots or reject the same.

(Prior Code 2016 §125.050; Code 2021)

12-607 Funeral Directors Responsible For Burial Fees.

All funeral directors who have charge of interments in the Municipal Cemetery shall receive and accept the responsibility for the payment of such interment charges as may be made by the Governing Body unless such funeral directors state, in writing, to the City Clerk at least twenty-four (24) hours before time of interment, that they will not be responsible for such interment charges.

(Prior Code 2016 §125.060; Code 2021)

12-608 Monuments.

No person shall place a monument or headstone upon any lot in the Municipal Cemetery without first securing a permit from the City Clerk. The design, specifications and location of monuments shall be subject to the approval of the Director of Public Works or his/her designee and all monuments and headstones must be placed upon a four (4) inch concrete base. The top of the base shall be level with the ground and shall be at least four (4) inches wider than the stone. Where allowed, footstones will be set level with the ground. Temporary grave markers shall not be allowed to remain in the cemetery past six (6) months. Any marker with a base of more than one (1) subscription shall be considered a monument. There will be no charge for a permit on government issued markers, but a permit must be secured from the City Clerk. No monument work shall be permitted until the person setting the stone shall present to the Director of Public Works a valid permit for such work, signed by the City Clerk or his/her agent. Also, monument work will be allowed on Saturdays, Sundays or holidays only with the permission of the Director of Public Works.

(Prior Code 2016 §125.070; Code 2021)

12-609 Maintenance; Regular Care.

General maintenance of all lots in the Municipal Cemetery, at no cost to the lot owners, shall be known as “regular care” and shall include the maintenance of a reasonable stand of grass, filling settled graves, and reasonable attention to any planting thereon which are in accordance with the rules and regulations governing the cemetery.

(Prior Code 2016 §125.080; Code 2021)

12-610 Maintenance; Perpetual Care.

No perpetual care arrangements will be made to give special attention to any particular grave. The City has the responsibility to tend to each grave with equal care.

(Prior Code 2016 §125.090; Code 2021)

12-611 Individual Maintenance; Special Lot Care.

When a lot holder deems the regular care of a lot in the Municipal Cemetery is not sufficient to gratify his/her wishes, he/she may order such improvements and care as he/she desires, so long as it conforms with the rules and regulations governing the Municipal Cemetery. Such care and improvements shall be due and payable in advance.

(Prior Code 2016 §125.100; Code 2021)

12-612 Cemetery Funds.

The City Clerk shall receive and deposit in the general operating fund of the City all money derived from the cemetery of said City by the sale of lots or otherwise with the same to be disbursed only after appropriation duly made and warrants therefor duly issued.

(Prior Code 2016 §125.110; Code 2021)

12-613 Regulations.

(a)The following rules and regulations shall govern the use of the cemetery:

(1)It shall be unlawful for any person or persons to mar or injure or destroy any trees, grass, shrubbery, walks, streets, monuments or other property in or about the cemetery grounds or break open any gates or fences around or in the same.

(2)The regularly designated entrance gates shall be the sole and only means of entering and leaving the Municipal Cemetery. It shall be unlawful for any person or persons to trespass on the property of the Municipal Cemetery.

(3)The regularly enforced City traffic regulations shall be enforced in the Municipal Cemetery except that the speed limit shall not exceed fifteen (15) miles per hour.

(4)The placing of cut flowers or plastic flowers over individual graves shall be permitted; however, the City shall not be responsible for the care of such flowers or the containers in which they are placed. Further, the City shall remove, without notice, all artificial flowers and containers that remain over fifteen (15) days and all cut flowers and containers that remain over five (5) days.

(5)No fence, hedge, curb or planting of any kind around any lot or piece of ground will be permitted.

(6)The officers of the Municipal Cemetery hereafter accept no obligation for the regular care of any lot or piece of ground in the Municipal Cemetery surrounded by a hedge, planting, coping or any other obstruction which by its nature segregates such lot or piece of ground from the regular operation of machinery used in the care of the Municipal Cemetery.

(7)It shall be unlawful for any person or persons to enter or be upon the grounds of the Municipal Cemetery with firearms of any description in their possession; provided, that the provisions of this Subsection shall not apply to officers of the law nor to members of the Armed Forces of the United States in the discharge of their duties.

(8)Children under the age of fourteen (14) years are hereby prohibited from the Municipal Cemetery, except when accompanied by an adult responsible for their conduct.

(9)It shall be unlawful for any person or any agent for any person to move or attempt to move any body interred in the Municipal Cemetery without first applying to the City Clerk for permission to do so.

(10)All burials in the Municipal Cemetery shall be made in graves excavated to a depth of at least five (5) feet. Exceptions shall be made in case of graves for infants of the age of twelve (12) months and under and for ashes, when such graves may be excavated to a depth of not less than four and one-half (4 1/2) feet. No part of the burial container (box or vault) shall extend above the surface of the ground; provided, that interments may be made in lawfully constructed mausoleums.

(11)Burials may not be made in a wooden box, but must be made in a two-piece concrete receptacle or a vault approved in advance by the City Clerk or his/her authorized representative. This does not apply to infants under twelve (12) months of age.

(12)No dog or cat shall be permitted in any public cemetery. Any dog specially trained as a service animal shall be exempt from this Section.

(Prior Code 2016 §125.120; Ord. 2349; Ord. 3140; Code 2021)

12-614 Reopening Grave; Disinterment; Permit.

(a)The following regulations shall govern the reopening and disinterment of graves:

(1)Any person desiring to reopen any grave in the Municipal Cemetery to disinter or remove a body therefrom shall first obtain a permit from the City Clerk upon proper application and payment of the deposit required by this Article. The application and permit shall set forth the number of the lot, block and addition on which said grave is situated, the name of the person buried, the time of such burial and the place where such body is to be reburied.

(2)An order of the District Court or the judge thereof, for the exhumation of the body of a deceased person shall be of sufficient application for a permit hereunder, and in such case no deposit shall be required, but the cost of such exhumation shall be a claim against the Board of County Commissioners as provided by law.

(Prior Code 2016 §125.130; Code 2021)

12-615 Penalty.

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars ($100.00), or be imprisoned not exceeding thirty (30) days, or be both so fined and imprisoned.

(Prior Code 2016 §125.140; Code 2021)