Chapter XII · Public Property

ARTICLE 1. CEMETERIES

Sections 12-101 to 12-121 · 21 sections

12-101 Burials on private property.

No deceased person shall be buried within the city limits on private property.

(Code 1988, § 12-126; Ord 3462, 5-25-16; Code 2016, Sec. 22-1)

12-102 Control of Cemeteries.

The cemeteries owned and controlled by the City of Iola, Kansas, known as the Iola Cemetery and Highland Cemetery, or cemeteries that may be hereafter acquired by said City, shall be controlled as hereinafter designated. The general management and control of Iola cemeteries shall be under the supervision of the Cemetery Superintendent of the City of Iola, Kansas with the general daily maintenance and care under the supervision of cemetery staff as assigned. The Cemetery Superintendent shall formulate rules and regulations governing and relating to the operation, maintenance and improvement of such cemeteries, including the fixing of fees for maintenance, interments of remains or parts of remains of deceased persons and other fees to be approved by the governing body of the City of Iola. The City Administrator and/or Governing body of the City of Iola reserves the right to make any additional rules and regulations for the government and operation of the Iola cemeteries.

(Code 1988, § 12-102; Ord 3462, 5-25-16; Code 2016, Sec. 22-31)

12-103 Appeals.

Any person aggrieved by the decision of the Cemetery Superintendent is authorized by this article to appeal to the City administrator and / or the governing body of the City of Iola. The city administrator and/or the governing body shall hear and decide appeals when any person is aggrieved by any requirement, decision or determination made by the Cemetery Superintendent in the enforcement or administration of this article. The appeal shall be in writing by the aggrieved person and shall be presented to the city administrator. If the city administrator is not able to resolve the appealed grievance with any individual after discussing the grievance with the Cemetery Superintendent it will then be forwarded to the governing body at the next regularly scheduled commission meeting. The governing body must make a decision on the appeal not later than its next regular scheduled commission meeting after the appeal is presented to them. Decisions by the Governing Body on any appeal shall be final.

(Code 1988, § 12-103; Ord 3462, 5-25-16; Code 2016, Sec. 22-32)

12-104 Fees and Charges.

The Cemetery Superintendent shall establish a schedule of fees and charges for the opening and closing of graves and for performance of other services in Iola cemeteries by city personnel. The schedule of fees shall be approved by the governing body of the City of Iola and a copy thereof kept permanently on file in the office of the city clerk for distribution to all interested persons at such times and in such manner as the city clerk deems appropriate. (See the city’s fee resolution.)

(Code 1988, § 12-112; Ord 3462, 5-25-16; Code 2016, Sec. 22-33)

12-105 Sale of lots / issuance and transfer of deeds.

(a)The lots in such cemeteries shall be sold at such price and on such terms as may from time to time be fixed by the Cemetery Superintendent. All lots so sold shall be transferred to the purchaser in writing, signed by the City Clerk and shall bear the seal of the City. The City Clerk shall make a record to be kept for the purpose of each sale and transfer, showing the name of the purchaser, the date of purchase, the consideration, and such other information as the Cemetery Superintendent may require, provided, however, that all such sales and transfers shall be subject to all rules and regulations and ordinances now in force or hereafter adopted, governing, restricting or regulating the use or control of said cemeteries and of the lots therein.

(b)All deeds for cemetery lots or individual burial spaces purchased shall be signed by the City of Iola, City Clerk under the seal of this city and the City Clerk shall keep a record of each and every lot or part of lots sold. No deed shall be delivered until the purchase price is paid in full. No transfer of any lot or part of lot by an individual purchaser, his or her heirs or assigns shall be valid until the city of Iola has been provided with all legal documentation they may deem necessary to prove said person or persons have acquired lawful claim to said property. All such sales and transfers shall be subject to all rules and regulations and ordinances now in force or hereafter adopted, governing, restricting or regulating the use or control of said cemeteries and of the lots therein.

(Code 1988, § 12-113; Ord 3462, 5-25-16; Code 2016, Sec. 22-34)

12-106 Failure to pay purchase price.

In case any lot or parts of a lot has been sold or conveyed to any purchaser and such purchaser shall fail to pay for a period of thirty days following the date of the agreement to pay the purchase price thereof, such agreement at the option of the city, shall be and remain canceled, void and of no effect. No burials will be permitted on any lot or parts of a lot until a funeral director has notified the City of Iola and agreed that the purchase price be billed to the funeral director’s establishment for payment in full otherwise the purchase price must be paid in full and the city clerk must have issued a deed to the purchaser.

(Code 1988, § 12-114; Ord 3462, 5-25-16; Code 2016, Sec. 22-35)

12-107 Superintendent to report sales.

The superintendent of Iola cemeteries shall report all sales and entombment, burials, staking fees, and disinterment charges on a regular monthly report to the City Clerk. The superintendent of Iola cemeteries shall inform the City Clerk of any agreement made by an individual to purchase any lot or parts of a lot in Iola cemeteries and must also maintain records with the pertinent information relative to all of the above.

(Code 1988, § 12-115; Ord 3462; 5-25-16; Code 2016, Sec. 22-36)

12-108 Record of funds.

(a)The City Clerk shall keep suitable records of funds collected and expended, invested funds and various other monies received and disbursed in conjunction with Iola Cemeteries. The City Clerk shall as often as said governing body may direct invest trust funds or other funds accumulating in reserves, etc. of the City of Iola or any portion thereof as designated by the governing body.

(b)The Cemetery Superintendent shall propose annual budget funds needed for cemeteries operations to be approved by the governing body of the city of Iola, Kansas. Following the annual approval by the governing body the Cemetery Superintendent will then have full authority to administer these funds.

(Code 1988, § 12-116; Ord 3462, 5-25-16; Code 2016, Sec. 22-37)

12-109 Monuments and markers.

(a)All monuments and markers at or above the surface of the ground shall be of granite, marble or granite and marble composition of approved standard quality. Rubbing of stones with abrasive materials is prohibited.

(b)Only one family monument shall be erected upon a lot except that where a lot is divided into separate burial plots under separate ownership’s, in which case additional monuments may be erected. All monuments erected and located on burial plots shall be in accordance with the regulations of the City of Iola. A flange six inches wide on markers and monuments, together with a uniform foundation extending to the outside width of the flange, shall be placed on all settings.

(c)Only one above ground monument, marker, mausoleum or ledger permitted per individual burial space. Family lots or parts of lots may use a monument or marker to be designed for an entire family or more than one individual as long as all other markers or monuments for these individuals are placed flush with surface and do not extend above the surface of the ground. All foot markers and markers designating the corners or boundaries of lots shall be placed flush with surface and shall not extend above the surface of the ground. No permanent decorations will be permitted in the front or rear of monuments. Cemetery personnel will pick up all temporary markers placed in Iola cemeteries if markers are left in place after two years from date of placement.

(d)No foundation shall be necessary on a space reserved for future use until the burial is made and the permanent setting made.

(Code 1988, §§ 12-117, 12-118; Ord 3462, 5-25-16; Code 2016, Sec. 22-38)

12-110 Mausoleums, ledgers and foundations.

(a)All individual surface mausoleums and ledgers are required to have a six-inch concrete ribbon along the outer boarders. Where two are placed on burial spaces side by side, the area between the two must be filled with concrete. No individual mausoleums, building mausoleums or ledgers permitted in blocks # 15, 16, 17, 25, 26 and 27 as of July 11, 1985. All other areas within the cemeteries will be at the discretion of the Cemetery Superintendent and must not interfere with access to future burial sites.

(b)Wire or rebar must be used in all concrete foundations with a gravel and sand concrete mixture. No sand caps will be allowed. All footings must be one continuous piece of concrete and concrete may not be added to the end of any existing footings. Cemetery personnel will check all prefabricated concrete slabs used for this purpose with a metal detector to verify that wire or rebar has been installed. Any prefabricated concrete slabs constructed without rebar or wire will not be allowed.

(Code 1988, § 12-119; Ord 3462, 5-25-16; Code 2016, Sec. 22-39)

12-111 Individual vaults.

All individual vaults must comply with the requirements of the laws of Kansas, and shall be placed in the ground so that no part of the vault or attachment thereto shall be above the natural surface of the ground. An individual may use an approved sectional concrete box in place of a vault. No wooden boxes will be allowed for burials as of February 7, 1974.

(Code 1988, § 12-120; Ord 3462, 5-25-16; Code 2016, Sec. 22-40)

12-112 Commercial and other uses prohibited.

No person or persons with refreshments, merchandise for sale, firearms, or dogs not on a leash, shall be permitted to enter any cemetery or to be therein.

(Code 1988, § 12-121; Ord 3462, 5-25-16; Code 2016, Sec. 22-41)

12-113 Staking fees.

Before any monument, marker or foundation for the same shall be placed in any cemetery belonging to the City of Iola, Kansas, all persons are required to pay a staking fee. Individuals must contact the cemetery superintendent or his assistant who will locate the line along which monument or foundation shall be erected, showing the lot where such monument or marker or foundation for the same is to be erected and along what boundary line of such lot such monument or foundation shall be erected.

Monuments should be in line with four space lots on the east one-half or the west one-half, but not in the center. No monument or foundation shall be erected without prior approval and at no time may a monument or foundation be erected at a different place on said lot.

(Code 1988, § 12-122; Ord 3462, 5-25-16; Code 2016, Sec. 22-42)

12-114 Planting on lots.

No trees, shrubs, vines or flowers shall be planted on burial lots or any place within the cemeteries of the city and no trees shall be cut down or trimmed except by direction of the Cemetery Superintendent or his assistant.

(Code 1988, § 12-123; Ord 3462, 5-25-16; Code 2016, Sec. 22-43)

12-115 Care of lots.

(a)All graves and lots shall be kept clean and free from rubbish and waste matter and shall as nearly as possible be kept level with the general contour of the ground. Grading up or filling of lots is prohibited. No fence, curb, hedge, flower border or enclosure of any kind will be permitted on burial lots. Boxes, shells, toys, glass items and similar articles placed upon graves or lots are inconsistent with proper keeping of the grounds, and will not be permitted. No wild daisies or other flowers having seed thereon that may become scattered about the cemeteries shall be used for decorative purposes or placed upon any grave or lot.

(b)Urns and vases shall be set on continuous footings with a minimum of four inches of the footing extending past said item in each direction. Shepherd hooks placed on burial plots may not interfere with the ongoing maintenance of the cemetery grounds. Any such urn, vase or shepherd hook installed improperly shall be picked up by cemetery personnel until corrective action has been taken by the owner.

(Code 1988, § 12-124; Ord 3462, 5-25-16; Code 2016, Sec. 22-44)

12-116 Trespassing.

It shall be unlawful for any person other than an officer in the performance of his or her duties, to discharge any firearms or other explosive; or to in any way disturb the peace and quiet; or to mutilate, injure, deface or remove any grave, mound, gravestone or other monument, corner-stone, stake, post, ornament, tree, shrub, plant, flower, enclosure, railing or vault, within any burying ground owned by the City of Iola, Kansas, or to take or carry away therefrom, or from their place therein, any of the things of value left therein, or to dig up and disturb the soil therein, or to break or injure or remove the fence inclosing same or any part thereof. Provided that nothing in this section shall be so construed as to in any way interfere with the officers, or owners of the lots therein or their employees from exercising reasonable care and control over said cemetery or the lots therein, in such a manner as shall not unnecessarily interfere with others or the rights of the public.

(Code 1988, § 12-124; Ord 3462, 5-25-16; Code 2016, Sec. 22-45)

12-117 Immoral practices.

It shall be unlawful for any person, male or female, to resort to said cemetery for any immoral or indecent purposes or practice or to indulge therein in any immoral, indecent or lewd act or practice, or to assume any lewd, immoral or indecent position, or to make any lewd, immoral or indecent exposure of their person or of the person of another therein. Any person violating any of the provisions of this section shall be deemed guilty of a trespass therein.

(Code 1988, § 12-127; Ord 3462, 5-25-16; Code 2016, Sec. 22-46)

12-118 Sunday funerals.

Sunday burials will not be permitted in the Iola Cemetery or the Highland Cemetery of Iola, Kansas, except in cases where a funeral on said day is necessary because of a death from contagious disease or where the deceased person specifically requested a Sunday funeral, or for bodies shipped to the City of Iola for a Sunday burial or funeral. Before approval from the Cemetery Superintendent, all individual requests must be made in writing, under oath, providing the City of Iola with all legal documentation they may deem necessary to prove that such burial comes under the provisions of this section.

(Code 2016, Sec. 22-47)

12-119 Restricting use of cemetery streets.

No person shall use any road or street in any Iola cemetery except for lawful purposes and uses directly pertaining to said cemetery. All persons are hereby forbidden to ride or drive through either of the said cemeteries or the roads or streets thereof faster than at a rate of fifteen miles per hour. It shall be unlawful to park vehicles on, drive upon, or over, or across any cemetery lot or other place in said cemetery (except by authorized city personnel in the performance of their duties) other than upon the streets and roads laid out and established for that purpose. The Governing body of the City of Iola reserves the right to close any walkway, street or driveway now existing in Iola cemeteries providing sufficient access is left to all lots.

(Code 2016, Sec. 22-48)

12-120 Penalty for violations.

Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding $100.00 plus costs and confinement in the City jail until such fine and costs are paid and each day’s continuance of a violation shall constitute a separate offense hereunder.

(Ord 3462, 5-25-16; Code 2016, Sec. 22-49)

12-121 Disinterment requests and procedures.

(a)Requests for disinterment of an individual interred or inurned at any cemetery owned by the City must be submitted in writing to the City on authorized forms, pursuant to this Section.

(b)Disinterment will only be approved if:

(1)All living heirs at law of the decedent and the person who initiated the interment, if living (whether or not an heir at law), give their written consent; or

(2)Pursuant to a court order of competent jurisdiction directing the disinterment.

(3)“Heirs at law” are defined as surviving spouse, even if remarried, all children of the decedent and the issue of any predeceased children of the decedent. In the event any individual required to consent herein is a minor or not legally competent, the legal guardian, agent under an appropriate durable power of attorney or court appointed representative shall be required to consent in writing. In the absence of a surviving spouse or children, the decedent’s living parents will be considered “heirs at law.”

(c)All disinterment will be without expense to the City and all fees for a disinterment charged by the City are due before a disinterment will be scheduled. Fees will be set from time to time by Resolution of the governing body. A request must include the following requirements:

(1)A description of the disinterment including relocation plans for the remains.

(2)A notarized statement from all heirs at law and the person who initiated the interment, if living, affirmatively stating no objection to the proposed disinterment and relocation plan. If the statement is signed by an authorized representative of a minor or legally incompetent party, acceptable documents must be provided demonstrating the agency (e.g. copy of power of attorney, letters of guardian/conservatorship, etc.).

(3)An affidavit of heirship attesting that those persons who provided statements are indeed the only living heirs at law of the interred decedent.

(4)In lieu of the documents required listed above, an order of a court of competent jurisdiction will be accepted. The City of Iola or officials of the cemetery should not be made a party to the court action.

(d)No disinterment shall be performed in the cemetery except by the Cemetery Sexton, or under the Sexton’s supervision. Cemetery Staff shall only be responsible for removing the soil from the grave. A Kansas licensed funeral director (“Director”) must be present throughout the disinterment and work will not begin without a Director present and shall cease if the Director leaves. The selected Director shall be responsible for removing and transporting the casket/vault/urn and all remains from the burial site. In the case of traditional casket burial, a vault company shall also be present with an additional vault should the original vault be damaged for reburial in the cemetery. No damaged or structurally unsound vaults will be reinterred in the Cemetery. In the case of an urn, a vault company is not required; however, an additional intact vessel shall be present should the original vessel be damaged for reburial in the cemetery. As a condition of approval, all parties must agree that the City shall not be liable for any damages incurred during the removal or placement of the disinterred vault.

(e)No disinterment shall be performed two (2) weeks before Memorial Day, nor shall any be performed on Saturdays, Sundays, or any City observed Holidays. The City must be notified at least one (l) week before the disinterment and all disinterment fees due to the City must be paid prior to scheduling the opening. The Cemetery Sexton reserves the right to postpone and reschedule any disinterment due to weather on any other unforeseeable events.

(Ord. 3543)