Chapter XII · Public Property

ARTICLE 2. FAIRVIEW CEMETERY

Sections 12-201 to 12-215 · 15 sections

12-201 Conveyance of lots.

Lots shall be conveyed by certificate using the basic form as follows:

FAIRVIEW CEMETERY LOT CERTIFICATE

$_____________, Cherryvale, Kansas No. ______

For and in consideration of the sum of Dollars THE CITY OF CHERRYVALE, KANSAS, does hereby sell and convey to or _______ assigns forever, Lot No. in Block of FAIRVIEW CEMETERY, Cherryvale, Montgomery County, Kansas, according to the plat thereof.

The said lot to be used for burial purposes only, subject to all rules and regulations of the City of Cherryvale and such modifications thereof and additions thereto as may be adopted by the Council of said City by ordinance thereof.

In witness whereof, the City of Cherryvale has caused its corporate name to be hereunto subscribed by its Mayor, its corporate seal to be hereto affixed, and the same to be attested by its Clerk, this __ day of ___________, 20__.

The City of Cherryvale

By ______________, Mayor

ATTEST:

_________________, Clerk

The above certificate shall be signed by the Mayor and countersigned by the City Clerk under the seal of the City, describing the lot according to the adopted plat, and such certificate shall vest in the purchaser, his or her heirs, and assigns, a right in fee simple to such lot for the sole purpose of interment according to the ordinances and regulations provided by the Governing Body, and such certificate may be recorded in the office of Register of Deeds of Montgomery County, without acknowledgment.

Cross References: K.S.A. 14-1008

(K.S.A. 14-1008; Code 2001, 3-203; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-202 Regulations of monuments and structures; decorations.

(a)All enclosures, adornments, monuments and tombstones shall be of such kind, quality, nature, and so constructed to meet the guidelines approved by the Governing Body.

(b)Single graves may be sold throughout Fairview Cemetery.

(c)Hereafter, no shrubs, trees or plants of any kind or nature shall be planted, placed or permitted to grow on any grave, lot or space in Fairview Cemetery without the specific consent of the Governing Body of the City.

(d)The placing of cut flowers, plastic flowers or temporary ornamentation shall be permitted on individual graves; provided, however, the City shall not be responsible for the care of the flowers or ornamentations, or the containers; and provided further the City shall remove, without notice, all such flowers and ornamentations, and the containers, including trellises and racks, that remain over fifteen days.

(e)No person, firm or corporation shall build, establish, erect or maintain any curbing, coping or retaining wall of any concrete, stone, brick, metal, wood or other solid material around or about the lots, or any of them in what is known as the New Addition to Fairview Cemetery.

(f)Henceforth, the use of rock or chat as a gravesite covering for decoration in Fairview Cemetery is prohibited.

(g)No single lot may have both a headstone and a mausoleum. Headstones placed on top of or across two mausoleums are acceptable.

(h)The Director of Public Works shall have the authority to remove any decorations and flowers that conflict with another grave or the proper maintenance of the cemetery.

(K.S.A. 14-1008; Code 2001, 3-205; Ord. 08-4555; Code 2014)

12-203 Foundation requirements for monuments, gravestones.

No person, firm or corporation shall establish or erect, or cause to be established or erected, in Fairview Cemetery any stones, markers or monuments which are not placed upon a footing or foundation of sufficient depth or thickness as shall be approved by Director of Public Works or his or her designee, but in no case to be less than fifteen (15) inches in thickness with a margin or collar flush with the surface of the ground not less than four (4) inches thick and four (4) inches wide and not to be poured when the temperature is below freezing without the use of an antifreeze treatment.

(K.S.A. 14-1008; Code 2001, 3-206; Ord. 08-4555; Code 2014)

12-204 Use of lots.

It shall be unlawful for any person owning a lot in the cemetery to use it for any other purpose than that provided in the certificate herein, according to this article and such regulations as may be prescribed by the Governing Body from time to time.

(K.S.A. 12-1441; K.S.A. 14-1008; Code 2001, 3-207; Ord. 08-4555; Code 2014)

12-205 Permission for internments.

It shall be unlawful for any person at any time to dig a grave or graves or attempt to dig such grave or bury or attempt to bury any person on any lot in the cemetery without first having procured the permission of the City Administrator.

(K.S.A. 14-1008; Code 2001, 3-209; Ord. 08-4555; Code 2014)

12-206 Hours when open.

The cemetery shall be open at all times to bury those duly authorized to be buried and for conducting appropriate funeral ceremonies. It shall be open at all times to the public including but not limited to, lot owners, friends, and other visitors, between sunrise and sunset each day. The gates of the cemetery should be locked at sunset and shall be unlocked at sunrise each day by a duly appointed official of the City or his authorized agent.

(K.S.A. 14-1008; K.S.A. 14-1009; Code 2001, 3-210; Ord. 08-4555; Code 2014)

12-207 Purchase of lots.

Any person desiring to purchase a lot in this cemetery shall apply to the City Clerk and after he or she has selected the desired lot, shall furnish the information essential to filling out the proper cemetery records and thereupon the City Clerk shall, upon payment of the price of the lot, authorize the digging of the grave or graves thereon as purchaser requests.

(K.S.A. 12-1402; K.S.A. 14-1008; Code 2001, 3-212; Ord. 08-4555; Code 2014)

12-208 Price of cemetery lots.

The prices at which lots and grave spaces shall be sold shall be, from time to time, fixed, altered or determined by resolution of the Governing Body of the City of Cherryvale.

(K.S.A. 12-1402; K.S.A. 14-1008; Code 2001, 3-213; Ord. 08-4555; Code 2014)

12-209 Records of burials.

The City Clerk shall keep a record appropriately ruled, for tabulating the following facts, to-wit:

(a)Block, lot;

(b)Name of owner;

(c)Month, day and year of purchase;

(d)Amount paid when deed issued, month, day and year, remarks;

(e)Number of grave;

(f)Name of person buried, age, ethnicity, gender, cause of death;

(g)When buried, showing month, day and year; and

(h)Location of grave.

(Code 2001, 3-214; Ord. 08-4555; Code 2014)

12-210 Potter’s field.

The following lots are hereby set apart in which to bury strangers and such other persons who are unable to pay:

Lots 1 to 16 inclusive, Block I;

Lots 1 to 8 inclusive, Block U;

Lots 46 to 53 inclusive, Block T;

All of Lot One (1).

(Code 2001, 3-216; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-211 Director of public works; duties.

The Director of Public Works shall be responsible for the care, maintenance and control of Fairview Cemetery, including the digging of graves.

(Code 2001, 3-217; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-212 Fees; opening graves.

(a)PRICE FOR CEMETERY SPACE; DEFINITION. A cemetery space is defined as the space needed for a single burial which generally is five feet by ten feet. The price for each cemetery space shall be $300.00.

(b)FEE FOR GRAVE OPENING/CLOSING. No opening or closing will be performed on Sundays or Holidays. The City Clerk is authorized and directed to collect fees for opening and closing graves in Fairview Cemetery and to credit the same to the Cemetery Classification of the General Operating Fund according to the following schedule:

(1)The opening and closing of a single grave Monday through Friday between 7:00 a.m. and 4:00 p.m. - $350.00

(2)The opening and closing of a single grave on Saturday between 7:00 a.m. and 12:00 p.m. - $500.00

(3)An opening with less than 48 hours’ notice - $500.00

(4)The opening and closing of a single grave for ashes Monday through Friday between 7:00 a.m. and 4:00 p.m. - $175.00

(5)The opening and closing of a single grave for an infant under 2 years old. - $150.00

(6)In addition to the opening and closing fee, any time involved in the opening and/or closing of a grave that is not during the normal business hours of 7 a.m. to 4 p.m. shall be charged at $125.00 per hour.

(7)There shall be a staking fee of $25.00 for any spot requiring the marking of locations for monuments.

(K.S.A. 12-1402; Code 2001, 3-218; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-213 Vault materials.

(a)All burials in Fairview Cemetery are to be in a weather reinforced concrete grave liner or better container, or a mausoleum. Spaces in Potters Field are not required to have a concrete grave liner but shall have a permanent grave maker.

(b)All burials in Block 12 (mausoleum section) of Fairway Cemetery shall be in a reinforced concrete vault.

(Ord. No. 94-4035; Code 2001, 3-220; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-214 Speed limit.

No person shall drive a vehicle at a speed in excess of fifteen (15) miles per hour in the Fairview cemetery.

(Code 2001, 3-221; Ord. 08-4555; Code 2014; Ord. 18-4692)

12-215 Opening of blocks 12, 13, and 14 of Fairview Cemetery for sales of cemetery lots and spaces and limiting block 12 for mausoleum use only.

Blocks 12, 13, and 14 of Fairview Cemetery are hereby opened for sales of cemetery lots and spaces. Block 12 is hereby designated for mausoleum spaces only. Blocks 13 and 14 are hereby open for any type of grave markers presently permitted by city ordinance.

(Code 2001, 3-222; Ord. 08-4555; Code 2014; Ord. 18-4692)