(a) There is hereby established a board to be known as the cemetery board.
(b) The board shall consist of the mayor and city council.
(c) The board shall make reports, and regulations governing the operation of Fairmont Cemetery, and perform other duties and functions as dictated by the articles of this code.
(Code 1988; Code 2013)
The city foreman is hereby assigned the additional duty as cemetery sexton. He or she shall have direct charge of the cemetery, under the supervision of the city council. The sexton shall have the authority to enforce all laws, ordinances, rules and regulations created by the statutes of this state or by the governing body of the city which govern Fairmont Cemetery.
(Code 1988; Code 2013)
The city clerk shall be provided with a proper plat of Fairmont Cemetery showing all unsold lots and shall assist persons interested in the purchase of lots in examining same. The city clerk shall deliver to any purchaser a cemetery deed, executed by the mayor and attested to by the city clerk, upon payment of the scheduled price for the lot selected.
(Code 1988; Code 2013)
Upon payment to the city clerk of the scheduled price for opening and closing a grave, the city clerk shall issue an order to the sexton, directing the sexton to open the grave upon the proper lot. No grave shall be opened by the sexton except upon order from the city clerk.
(Code 1988; Code 2013)
The charge for opening a grave shall be $350 for full burial and $75 for a cremation burial. The charge may be reviewed and revised from time to time by the cemetery board.
(Ord. 2230; Code 2013)
The following charges, which shall include perpetual care, shall be made for lots and parts of the lots in the Fairmont Cemetery:
(a) Full lot - $1,200;
(b) One-half Lot - $600;
(c) Singe Space - $150. The location of the single space shall be designated by the cemetery board.
(Ord. 2230; Code 2013)
All graves shall be rectangular in shape and shall be dug due east and west.
(Code 1988; Code 2013)
It shall be the duty of the sexton, after an interment is made upon any lot, to restore the lot to proper condition as soon as practicable. No mound shall be raised upon any lot to a height which would interfere with the operation of lawn mowers over such lot. The cemetery board shall have the authority to regulate the mounding of graves on any lot.
(Code 1988; Code 2013)
All burials must include as a minimum a two piece concrete vault. No wooden vaults are permissible.
(Code 1988; Code 2013)
On each individual burial space in the cemetery, the following burial limits shall apply:
(a) One adult casket;
(b) No more than two (2) cremation urns;
(c) One infant casket;
(d) Stacking of caskets is not permissible.
(Ord. 2038; Code 2013)
All monuments or grave stones shall be placed on a concrete foundation, which foundation shall be sufficient to prevent the tipping of the stone. A grave stone/monument cannot exceed 60% of the width of a burial space. City reserves the right to remove and replace stones as needed to allow for digging a new grave. Openings for full burials and cremation shall be made by the city only. Each full burial or cremation shall have a permanent stone or marker placed within 180 days of interment. A permanent marker is defined as stone or metal set in concrete. The sexton must approve all markers. If no marker is placed within 180 days or proof of intent to do so is shown to the City Clerk, the city shall place a marker engraved with the initials of the deceased and date of death only. If there is a headstone in place for a cremation urn, the urn does not require a ground level marker. Two (2) urns on the same space will be placed on opposite ends with the second urn requiring a ground level marker. Scattering cremated remains within the boundaries of the cemetery is strictly prohibited.
(Ord. 2038; Code 2013)
The cemetery board shall have the right to prevent the erection of any structure or other decorative device which it deems detrimental to the general appearance of the cemetery, or which would tend to hinder the proper care of the cemetery. The cemetery board shall have the right to remove or require to be removed any such structure or material heretofore or hereafter erected. All decorations and flower containers must be removed from graves not later than 14 days following Memorial Day.
(Code 1988; Code 2013)
No more than four evergreens and shrubs shall be planted on any lot. Trees may be planted only by the cemetery board or its designee and under the board’s direction. The location of any shrubs, bushes or plants on the lot must first be approved by the cemetery board. The standard which the cemetery board shall use in such approval is to allow such planting of plants, shrubs and bushes which shall not interfere with the efficient operation of the cemetery or the mowing of the cemetery for general appearances. Upon the finding that the proposed planting for plants, shrubs, or bushes comply with this standard, the cemetery board shall allow the planting. In the event that the proposed planting or plant improvement shall not comply therewith, approval shall be denied by the cemetery board. The sexton, upon direction from the cemetery board, shall remove all such plants, shrubs or bushes hereafter planted which are not in conformity with the standards set forth herein and/or not approved by the cemetery board under these standards. No trees or shrubs growing on any lot in the cemetery shall be cut down or destroyed without the consent of the cemetery board.
(Code 1988; Code 2013)
It shall be unlawful for the owner of any lot to permit or authorize any interment to be made upon his or her lot for remuneration. It shall be unlawful for any person to sell, assign or transfer any lot or part thereof to another person without first filing a quit claim deed with the city clerk.
(Code 1988; Code 2013)
It shall be unlawful for any person to pick any flower or shrub in the cemetery unless it be from his or her lot.
(Code 1988; Code 2013)
It shall be unlawful for any person to erect, post or paint any sign or any other advertising matter in the cemetery or on any city property surrounding the cemetery.
(Code 1988; Code 2013)
It shall be unlawful for any person to hunt or trap in Fairmont Cemetery. Firearms will not be authorized except as part of a military honor guard. Persons accompanied by dogs running at large will not be admitted. Horses, automobiles, and other vehicles shall be kept on the roads and drives in the cemetery and, in all cases, shall be kept off the grass in the cemetery.
(Code 1988; Code 2013)
All revenues received through the sale of each lot, one-half or single space, as well as the annual interest received from the “Permanent Endowment Fund” shall be placed in the city’s general fund. All funds so received shall be expended only for keeping the lots and grounds in the cemetery in a suitable and proper condition. The city shall guarantee that no part of the existing “Permanent Endowment Fund” will ever be expended for any purpose whatsoever. It shall be the duty of the city council or city clerk to keep the funds invested in investments authorized by K.S.A. 12-1675, and amendments thereto, or in state, county or municipal bonds, or bonds of or guaranteed by the United States of America. The city shall not furnish markers for perpetual care lots.
(Code 1988; Code 2013)