CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 2. CEMETERY

The city-owned cemetery shall be named “Hoisington Cemetery.”

(Code 1962, 6-101; Code 1985)

The city cemetery, for purpose of administration, shall be operated by the cemetery division of the department of public works and shall be under the supervision and control of the city manager who shall enforce the provisions of the laws pertaining to the cemetery and the rules and regulations governing the same.

(Code 1962, 6-102; Code 1985)

(a)   The city manager shall cause the cemetery rules and regulations, as fixed by the governing body, to be observed and fully complied with by his or her subordinates and owners of cemetery lots.

(b)   The city manager may appoint a suitable and competent person to act as sexton of the cemetery and to have immediate care of the cemetery grounds and lots. Such sexton or other person shall receive such compensation as the governing body may authorize from time to time.

(c)   The city manager shall be responsible for the proper upkeep and maintenance of the cemetery and shall employ such persons as may be necessary for the proper care, maintenance and operation of the cemetery as may not come within the duties of a sexton or which cannot be performed by him or her.

(d)   The city manager shall make such recommendations to the governing body touching the proper operation of the cemetery and the necessary materials, equipment and improvement as may be expedient for its maintenance and care.

(Code 1962, 6-103; Code 1985)

The city clerk shall have the custody and keeping of the original and official cemetery records of lots, conveyances, owners and interments in the cemetery and shall keep an official plat of the cemetery in his or her office. The clerk shall collect and account for cemetery funds from sale of lots or received from other sources, and shall issue all cemetery deeds and permits as authorized by law or ordinance. All such funds shall be delivered over to the city treasurer and credited to the city general operating fund.

(Code 1962, 6-105; Code 1985, 12-205)

The governing body shall adopt and promulgate suitable and proper rules and regulations for the operation and government of Hoisington Cemetery and other cemetery grounds of the city in all matters not specifically covered by law and as may be required for all such purposes. All such rules and regulations shall be published by printing in the official city paper or in pamphlet form and filed in the office of the city clerk. All such rules and regulations shall have the force of ordinance when so published and filed.

(Code 1962, 6-106; Code 1985, 12-206)

If there shall be a vacancy in the position of sexton, or if none shall be appointed, the duties of such position shall be carried out under the direct supervision of the city manager by the public works department.

(Code 1962, 6-107; Code 1985, 12-207)

 The division, survey, and plat of the Hoisington Cemetery into lots, blocks, parkings, sections, roadways and walks shall be and is hereby accepted and approved as it is now on file with the city clerk and the same shall be kept on file in such office.

(Code 1962, 6-201; Code 1985, 12-208)

(a)   All unsold lots or parts of lots, surveyed and platted for grave space in the cemetery, shall be sold by lots, fractions thereof or single grave spaces by the city for such sum or sums as the governing body shall fix and determine by regulation duly adopted, published and tiled as required by law. The price or prices of such lots, or portions thereof, may be fixed with respect to location in the cemetery and desirability and the prices may be shown on a map of the cemetery with respect to such locations.

(b)   All lots and grave spaces shall be solely for the purpose of interment by human bodies as the conveyance shall recite. All internments, including cremains shall be in vaults.

(c)   No lot or grave space shall be used for the purpose of burial, nor a certificate of purchase issued until the purchase price thereof shall have been paid in full to the city (or until the city clerk shall have satisfactory guaranty of such payment).

(d)   Upon the full payment of the purchase price of any lot or burial space owned by the city, a cemetery deed shall be issued by the city clerk which shall be signed by the mayor and attested by the clerk under the seal of the city. Such deed shall convey to and vest in the purchaser, his or her heirs and assigns, a right in fee simple to the lot or portions thereof described in such conveyance, for the sole purpose of human interment, under the regulations of the governing body. Such certificate shall be entitled to recordation in the office of register of deeds of the county without further acknowledgment.

(e)   A copy of this article shall be given to every purchaser upon the purchase of a cemetery lot.

(Code 1962, 6-202; Code 1985, 12-209; Code 2006)

The governing body may limit the number of lots which shall be owned by one person at the same time. No sale, transfer or conveyance of any lot, or burial space in any lot, shall be made by the owner thereof until first approved by the governing body.

The governing body may authorize the purchase by the city of any unused lots or portions thereof from the legal titleholders thereof at not more than the current price thereof.

(Code 1962, 6-203; Code 1985, 12-210)

No interment or burial shall be made in the Hoisington Cemetery or other cemetery grounds of the city, without a burial permit. The person in charge of the cemetery shall not inter or permit the interment of any dead body unless it be accompanied by a permit as required by law. The person in charge shall make a return of such permit to the proper authorities and keep a cemetery record of all interments as required by law.

(Code 1962, 6-204; Code 1985, 12-211)

(a)   No grave shall be opened or dug unless a burial permit has first been applied for by the owner of the lot or his or her duly authorized agent or representative or the funeral director or the person in charge of interment. The permit shall contain the following information over the signature of the person applying for the permit

(1)   Name of lot owner or owners;

(2)   Legal description of the lot and grave space in which burial is to be made;

(3)   Name of person to be buried;

(4)   Hour of burial;

(5)   Name of funeral director (if such);

(6)   Size and kind of box or vault;

(7)   Signature of applicant for permit.

(b)   The city clerk shall, upon the approval of the applicant's statement and upon assurance of the payment of all fees and charges fixed for such burial permit and grave opening, issue a permit giving the above information permitting burial.

(c)   No grave shall be opened in any lot or space until the person in charge shall have the permit herein required. Any person shall be liable to the city for any charges or fees required for opening any grave or making any interment when any work or interment preparations shall be commenced without a permit or without assurance of payment of the fees or charges required therefor.

(d)   The sexton, at the time of making a return of the burial permit to the city clerk shall, over his or her signature make a full statement of the work thereunder and the charges therefor and shall describe by measurements or drawing with measurements the exact location of the grave on the lot.

(e)   Fees for cemetery lots and services are as follows:

(1)   Cemetery Lots-South Section      - $250.00

(2)   Babyland Lots - $50.00

(3)   Grave Opening & Closing - $300.00

(4)   Grave Opening & Closing Babyland & Cremation - $75.00

(5)   Burial Permits - $50.00

Said fees and charges are subject to change and will be reviewed at least once annually by a resolution titled "A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF HOISINGTON."

(Code 1962, 6-205; Code 1985, 12-212; Code 2006; Code 2012; Res. 15-2013)

(a)   Any person or persons desiring to reopen any grave in the cemetery to disinter or remove any body therefrom, or for any other purpose, shall first obtain a disinterment permit from the state department of health and environment, and second, a permit from the city clerk to be issued upon proper application and the payment of the service charge required by the rules and regulations.

(b)   The application shall give the number of the lot and block on which the grave is situated the name of the person buried therein, the time of such burial and the place where such body is to be re-buried, if it is to be re-buried, and the reason therefor. The application shall be signed by a member of the family or when there is no family, by the next of kin desiring to reopen the grave and upon the approval thereof, a permit shall be issued. The permit shall contain the information disclosed in the application and shall be issued over the signature of the city clerk and under the seal of the city and shall authorize the reopening of the grave as described by the application.

(c)   The person in charge shall, upon receipt of the permit, reopen the grave and remove the body therefrom. Upon completion of the work, and the re-interment if there shall be one, he or she shall make a return of the permit to the city clerk with the statement of the charges incurred. An order of the district court, for the exhumation of the body of the deceased person shall be a sufficient application for a permit required hereunder and the cost of such exhumation including the payment of the required service charges shall be a claim against the county commissioners as provided by law.

(Code 1962, 6-206; Code 1985, 12-213)

In order to secure uniformity of work and to prevent unsightly conditions and to provide rules for the use and adornment of the lots and graves in Hoisington Cemetery, the following regulations shall govern the cemetery;

(a)   It shall be the duty of lot owners to place permanent markers at the corners of their respective lots of such materials as may be approved by the governing body. All such markers shall be located within the lot lines of each lot or space of each owner and shall not be placed in parkings, roadways or walks. All markers shall be set flush with the grade as established by the city.

(b)   No monument, headstone or marker of any kind shall be placed on any lot or grave space, or removed or relocated, or inscription made without a permit from the city. Such permit shall be issued upon an application in writing by the owner of the lot, his or her agent or representative, giving a description of the work to be done and upon payment of such fee as may be fixed by the governing body. No permit shall be issued by the city for any such purpose until the lots have been paid for in full.

(c)   Ali monument, makers and headstones must be put up under the direction and supervision of the person in charge of the cemetery.

(d)   Foundations for monuments shall be provided in all cases of concrete made with not more than six parts of coarse sand or gravel and not less than one part of Portland quality cement thoroughly mixed. The concrete shall be poured in a pit up to grade and made perfectly level on top. The pit for the foundation shall extend not less than the full width and length of the monument or stone and its cubic capacity shall be in general not less than three-fifths of the volume of the monument or in proportion to the size and weight thereof.

(e)   Concrete foundations for markers and headstones shall be provided in all cases as required for monuments and shall be constructed in proportion to the size and weight of such markers of headstones.

(f)   Materials and equipment for the erection of monuments or other structure shall be placed in such places and used in such manner as not to injure other lots, avenues or walkways. Upon completion of the work, all rubbish, unused materials and any equipment shall forthwith be removed from the cemetery.

(g)   No headstones shall be more than one foot in height, unless such stone shall be at least six inches in thickness and but one marker shall be placed at any one grave, No other stone except granite or marble will be permitted for markers.

(h)   All foundations, headstones and markers must be set under supervision of the sexton or officer in charge of the cemetery.

(i)    Mausoleums, vaults, or other burial structures, built or constructed entirely above ground, or partly by excavation therein, may be permitted in the cemetery upon application to the city and the issuance of a permit as in the case of monuments, markers and memorial stone.

(j)    The permanent mounding up of a grave is prohibited.

(k)   Enclosures as fences, walls and curbs around lots or portions thereof shall hereafter be prohibited.

(l)    The city shall be responsible to dig all graves, unless there is a request to hand dig a grave. In that event, the grave shall be dug under the supervision of the person in charge and the grave shall conform to all city requirements.

(m)  All graves shall be dug under the supervision of the person in charge or his or her assistants and all internments of adults in underground vaults shall not be less than five feet and interments of children not less than four feet, under surfaces of ground.

(n)   When lots are neglected and un-cared for, or when the owners thereof are dead or have moved to distant communities or are unknown and no provision has been made by such owners for the care of such lots or graves, the city may put such lots, graves, or adornments in a condition to be cared for as other grounds of the cemetery.

(o)   If any tree, shrub, or structure of any kind situated on any lot shall become dangerous or detrimental to the good appearance so adjacent lots, parkings, or roadways, the city may cause such condition to be corrected or the offending plant or structure removed.

(p)   All cremains shall be interned in a vault or other container as approved by the city manager. Two (2) cremains are authorized per lot. One (1) cremain and one (1) burial may be authorized per lot.

(Code 1962, 6-207; Code 1985, 12-214; Code 2006)

This city reserves the right to amend any cemetery regulation established by ordinance for the government and care of Hoisington Cemetery, and may at any time establish other and more suitable regulations therefor as the condition of the cemetery may require from time to time. The city further reserves the right to adopt and promulgate additional rules and regulations for the use, care and adornment of such other cemetery grounds as may hereafter be acquired. The city may insert restrictive covenants in cemetery deeds, which covenants shall be binding on the matters therein stated and shall be for the purpose of obtaining uniformity in size and height of markers and in the general usage of the lots.

(Code 1962, 6-208; Code 1985, 12-215)

All laws of the city relating to and defining public offenses in the city shall, insofar as the same shall be applicable, be in full force and effect in the cemetery.

(Code 1962, 6-301; Code 1985, 12-216)

It shall be unlawful for any person or persons (other than duly authorized officers or employees of the city) to enter into or be upon the cemetery grounds of the city during the time between one hour after sunset and the hour of sunrise of any day, or for any person to enter or leave the grounds other than by the established and open entrances or gateways thereto. It shall be further unlawful at all times for any person to enter or be upon the cemetery grounds of the city when the gates or entrances thereto are closed, locked or blocked without first obtaining the permission of the sexton or city officer in charge of the cemetery.

(Code 1962, 6-302; Code 1985, 12-217)

It shall be unlawful for any person to discharge any firearms or fireworks or have the same in possession while in the cemetery. This section shall not apply to military personnel or members of veterans organizations or to authorized persons while participating in memorial services or military funerals nor to law enforcement officers.

(Code 1962, 6-303; Code 1985, 12-218)

It shall be unlawful for any person to drive any vehicle in the cemetery faster than 10 miles per hour.

(Code 1962, 6-304; Code 1985, 12-219)

(a)   It shall be unlawful to drive or move any vehicle within the cemetery except over a roadway open for vehicular traffic or to obstruct any path or driveway within the cemetery open to vehicular traffic. No person shall use the cemetery grounds or any driveway therein as a public thoroughfare nor drive any vehicle through the grounds except for purpose of making deliveries in connection with cemetery work or other awful purpose.

(b)   It shall be the duty of the sexton and his or her assistants to direct all vehicular traffic and the sexton is authorized to direct the parking or standing of all vehicles in the cemetery and it shall be unlawful for any person to disobey or disregard the directions of the sexton relating to the movement or standing of all vehicles within the cemetery.

(Code 1962, 6-305; Code 1985, 12-220)

It shall be unlawful for any person to allow or permit any dog to run at large within the cemetery or to leave any horse unattended or at large in the cemetery or to turn any livestock into the cemetery or graze or picket the same therein.

(Code 1962, 16-306; Code 1985, 12-221)

It shall be unlawful for any person to dispose of any rubbish, trash or waste materials or debris of any kind in the city cemetery. It shall be permissible to accumulate any refuse resulting from the doing of any authorized work in the cemetery but the same together with all derricks, tools, and materials shall be removed immediately upon completion of such work and the ground shall be left in as good condition as possible.

(Code 1962, 6-307; Code 1985, 12-222)

Subject to the rules and regulations therefor established by ordinance, it shall be unlawful for any person to remove, molest, injure, mar, deface throw down or destroy any headstone, monuments, marker, tomb, vault, or mausoleum or decoration on any cemetery lot in the cemetery, or to open, disturb or molest any grave or place of burial therein.

(Code 1962, 6-308; Code 1985, 12-223)

It shall be unlawful for any unauthorized person to cut down, injure, break or destroy any trees, shrubs or other plants growing in the cemetery, or to pick, pluck or cut any flowers or decorative plants except as authorized by the cemetery rules.

(Code 1962, 6-309; Code 1985, 12-224)

It shall be unlawful for any person to loiter in or trespass upon lots and graves of the city cemetery or for the parent or guardian of any child to permit such child to be within the cemetery grounds unless accompanied by an adult person. Nothing herein shall be constructed to prohibit any person having lawful business in the cemetery in connection with improvements thereof or persons visiting the graves of relatives or friends from being in the cemetery in accordance with the rules.

(Code 1962, 6-310; Code 1985, 12-225)

It shall be unlawful for any person, except duly authorized city employees, to plant, construct or otherwise landscape any portion of the Hoisington Cemetery without the written permission of the city manager.

(Code 1985, 12-226; Ord. 1474)

(a)   No trees, shrubs, flowers or permanent vegetation may be planted by anyone other than authorized city personnel.

(Code 1985, 12-227; Ord. 1474)

(a)   From the Friday before and during the Memorial Day weekend of each year, real or artificial flowers may be placed on or around burial plots otherwise than required by section 12-226, if so placed in a respectable manner.

(b)   All flowers so placed in a manner not in accordance with section 12-226 shall be removed within two weeks.

(Code 1985, 12-228)

The city manager shall cause at least one complete representation of this article to be placed in a conspicuous location within the city cemetery for public inspection and may cause other notices to be posted, in his or her discretion.

(Code 1985, 12-229)

(a)   Any fence, hedge, coping, curb, or other means of enclosure of a lot is prohibited.  Any surface cover for a lot or grave except sod is prohibited; provided that the city manager or his designee may cause any means of enclosure or any lot surface cover except sod to be removed at the authorized staff’s discretion.

(b)   Mausoleums and vaults may be permitted alternative forms of cover or enclosure at the discretion of the city manager or his designee.

(Ord. 1474)

Any decoration, structure, fixture or item placed outside the boundaries of a lot may be removed by authorized city personnel without notice to the owner or person placing the decoration, structure, fixture or item at the location.

(Ord. 1474)

(a)   If anything on a lot is deemed unsightly, conflicts with the defined cemetery rules and regulations, or is deemed a detriment to the beauty of the cemetery, the City will attempt to contact the owner of record to request corrective action.  This notification will be attempted with the address on record with the City Clerk. 

(b)   The notification will specify that corrective action must be completed within 14 days from the date the letter was sent.  If corrective action is not completed within 14 days, or if there is no owner of record on file, the City may take corrective action at its discretion.

(c)   Any item that is removed for a violation will be documented and stored by the City of Hoisington for a reasonable period of time, not to exceed 90 days.  Following corrective action, notification shall be sent to the owner of record.  If there is no owner of record on file with the City, then notice will not be sent.

(d)   Following the 90 day period, if no one has claimed the item or items, they will be disposed of in a manner deemed acceptable by the city manager or his designee.

(Ord. 1474)

It shall be the responsibility of the lot owner to notify the appropriate city staff of any change in mailing address or ownership.  Notice sent to a lot owner at the last address on file shall be considered sufficient and proper legal notification.

(Ord. 1474)

The City of Hoisington shall have no liability for loss or damage at the cemetery.  This shall include losses or damage caused by the following: the elements, an act of God, thieves, vandals, accidents, mischief makers, direct or collateral damage including the loss of human life or any other cause of damage whether manmade or otherwise.

(Ord. 1474)