Article 3. Cemetery
12-301 Definitions.
The following terms, which are commonly used throughout the text of this article, are hereby defined as follows:
CEMETERY: A burial park for earth interments, or community mausoleum for vault or crypt interments, a crematory or crematorium and columbarium for cinerary interments, or a combination of one or more thereof.
INTERMENT: The permanent disposition of the remains of a deceased person by cremation and inurnment, entombment or burial.
LOT: Numbered divisions of the municipal cemetery as shown on the record plat, each of which consists of one or more plots.
LOT MARKER: A concrete post or other substantial permanent post used by the city to locate corner of any lot or plot within the municipal cemetery.
MARKER: A memorial flush with the ground.
MEMORIAL: A monument, marker, tablet, headstone, private mausoleum or tomb for family or individual use, tombstone, coping, lot enclosure, urn and crypt and niche place.
MONUMENT: A tombstone or memorial of granite or marble which extends above the surface of the ground.
PLOT: The smallest subdivision of space in a lot, being of sufficient size to accommodate one standard adult burial, approximately four (4) to five feet (5’) in width and either ten (10) to twelve feet (12’) in length. Provided, however, such subdivisions in lots designated for special use burials and interments only (such as babies or ashes) may be of other dimensions.
(Code 1961, 9-7-1; Ord. 3110; Ord. 3535; Code 2023)
12-302 Name of city owned cemetery.
The city owns and operates one municipal cemetery, located northeast of the city in section 20, township 20, range 20, Anderson County. The name of this cemetery is the “Garnett municipal cemetery”.
(Code 1961, 9-7-2; Ord. 3110; Code 2023)
12-303 Administration; City Clerk’s duties.
The City Clerk shall have custody of and keep all of the original, official cemetery records of lots, conveyances and owners and interments in the municipal cemetery and shall keep an official plat of the cemetery in his or her office. The City Clerk shall collect and account for cemetery funds from the sale of lots or receipts from other sources and shall issue all cemetery deeds and permits as authorized by law or ordinance.
(Code 1961, 9-7-3; Ord. 3110; Code 2023)
12-304 Administration; appointment of sexton; duties.
The City Manager shall appoint a cemetery sexton who shall have charge of the cemetery grounds and all operations thereof. The sexton shall, at the expense of the city, maintain the same, including fences, gates, grounds, parking, streets and all other parts thereof in good condition and take such means as may be necessary to protect it from fire and depreciation of any kind. He or she shall cause all persons within the cemetery to observe the rules and regulations pertaining to conduct therein and the care and adornment of cemetery lots. He or she shall open or cause to be opened any grave upon a permit therefor from the City Clerk, close all graves, and keep a good and adequate record of all cemetery lots and make such reports and keep such records as may be required.
(Code 1961, 9-7-4; Ord. 3110; Code 2023)
12-305 Conditions of lot purchases.
All lots sold shall be subject to these rules and regulations and those hereafter adopted, and the certificate of title shall so state. No lots shall be used for any purpose other than the interment of human remains or the placing of appropriate memorials to deceased human beings. Interment of the remains of, or the placing of any memorial to, any person other than the owner of the lot or a member of the owner’s immediate family shall be permitted only after written consent of the owner, owners or authorized agent has been filed with the sexton. In the cases where the owner is a minor, the guardian or authorized agent shall give such consent upon proof of authority to act. No mortgage or other encumbrance shall be given on any lot and any purported mortgage or encumbrance shall be void ab initio.
(Code 1961, 9-7-5; Ord. 3535; Code 2023)
12-306 Purchase procedure.
The purchase of a lot shall be evidenced by the issuance of a cemetery certificate describing the lot and stating the purchase price. Upon the presentation to the City Clerk of the purchase money, such certificate shall be issued to the purchaser, signed by the mayor and attested by the City Clerk under the seal of the city. Such certificate shall convey the estate and such record of lot ownership and may be filed with the Anderson County register of deeds. No lot or lots shall be used as a burial place until the full purchase price has been paid and the purchaser shall have received a receipt therefor.
(Code 1961, 9-7-6; Ord. 3110; Code 2023)
12-307 Resale of cemetery lots.
For the purpose of preventing profiteering in dealing in cemetery lots, it is hereby declared to be unlawful for any person to sell, offer to sell or otherwise dispose of any burial lot or lots in the municipal cemetery to any person except the record owner’s surviving spouse, children, grandchildren, daughter-in-law, son-in-law, parents, grandparents, brother, sister, uncle or aunt without first offering said burial lot or lots to the city at the same price at which price said lot or lots were first acquired from the city. The city shall have thirty (30) days to accept such offer with payment for such lot or lots.
(Code 1961, 9-7-7; Ord. 3110; Code 2023)
12-308 Cemetery lots, purchase price.
The purchase price for lots and plots in the municipal cemetery shall be as follows:
| Single Grave Prices | Garnett Resident | Nonresident |
|---|---|---|
| 10 foot grave | $85.00/grave | $95.00/grave |
| 12 foot grave | $165.00/grave | $175.00/grave |
| 4 foot by 5 foot grave | $85.00/grave | $95.00/grave |
| (cinerary) |
(Code 1961, 9-7-8; Ord. 3820; Code 2023; Ord. 4254)
12-309 Establishment of regular perpetual care fund.
There is hereby authorized and established a regular perpetual care fund, to be known as the cemetery trust fund. The city is authorized to accept funds from individuals to be placed in this trust fund to be used for the upkeep of burial lots. Such money is to be invested in securities and the income therefrom shall be applied to the perpetual care and upkeep of such lots as the owners/contributors may direct; or otherwise shall be applied to the perpetual care of all lots or pieces of ground sold for interments in the municipal cemetery.
(Code 1961, 9-7-2; Ord. 3110; Code 2023)
12-310 Certain areas limited to specific types of burials.
Block 2, lots 9 and 10 in the fourth addition are hereby designated for the exclusive use of cinerary interments or the placement of memorials alone. As the needs of the Garnett municipal cemetery change and taking into account then current burial or interment practices, the City Manager is hereby authorized to designate further areas exclusively for cinerary interments, the placement of memorials alone or for any other particular burial practice, when to do so would extend the life of the cemetery by making more efficient the use of land area.
(Code 1961, 9-7-10; Ord. 3535; Code 2023)
12-311 Cemetery service charges.
The charges for opening and closing graves and related cemetery services shall be as follows:
| Grave Openings | Garnett Resident | Nonresident | |
|---|---|---|---|
| Standard interment | $300.00 | $325.00 | |
| Baby (under 18 months) | $125.00 | $150.00 | |
| Ashes | $90.00 | $100.00 | |
| Charges for funerals held on Saturday, or entering cemetery 3:00 P.M. or later | |||
| Standard interment | $350.00 | $375.00 | |
| Baby (under 18 months) | $225.00 | $250.00 | |
| Ashes | $150.00 | $175.00 | |
| Charges for funerals held on holidays or Sundays: | |||
| Standard interment | $450.00 | $475.00 | |
| Baby (under 18 months) | $325.00 | $350.00 | |
| Ashes | $250.00 | $275.00 | |
| Disinterment charge | $350.00 minimum | ||
(Code 1961, 9-7-11; Ord. 3820; Code 2023; Ord. 4254)
12-312 Funeral director’s responsibilities for burial fees.
All funeral directors who have charge of interments in the municipal cemetery shall be responsible for collecting and paying over to the city 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. All interment charges shall be paid in advance before a grave is opened.
(Code 1961, 9-7-12; Ord. 3110; Code 2023)
12-313 Monuments; markers.
(Code 1961, 9-7-13; Ord. 3199; Code 2023)
12-314 Maintenance, regular care.
The city shall provide at no cost to the lot owner or owners regular care of all lots and to attend each plot with equal care. Regular care shall include the maintenance of a responsible stand of grass, raking and cleaning, filling settled graves and reasonable and common attention to any planting thereon which are in accordance with the rules and regulations governing the municipal cemetery.
(Code 1961, 9-7-14; Ord. 3110; Code 2023)
12-315 Cemetery fund.
The City Clerk shall receive and deposit in the general operating fund of the city all monies derived from the sale of lots in the municipal cemetery and any service charges, with the same to be disbursed only after appropriation duly made and warrants therefor duly issued.
(Code 1961, 9-7-15; Ord. 3110; Code 2023)
12-316 Regulations.
(Code 1961, 9-7-17; Ord. 3535; Code 2023)
12-317 Reopening graves; disinterment; permits; fees.
(Code 1961, 9-7-17; Ord. 3535; Code 2023)
12-318 Financial responsibility of city for property damage.
The city shall not be financially responsible for any damage to lots and structures or objects thereon or for flowers or articles removed from any lot or grave.
(Code 1961, 9-7-18; Ord. 3110; Code 2023)
12-319 Penalty.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in as provided in the general penalty sections of this code.
(Code 1961, 9-7-19; Ord. 3110; Code 2023)