Chapter 8.35
CEMETERIES
Sections:
8.35.040 Direction of cemetery employees.
8.35.060 Extra compensation prohibited.
8.35.070 Corner stones – Coping.
8.35.080 Erection of monuments.
8.35.110 Fences not permitted.
8.35.140 Disturbing the peace.
8.35.150 Applicability of chapter.
8.35.010 New cemeteries.
No cemetery shall be established hereafter by any person for the purpose of interment or the deposit of bodies therein, nor shall any lots be sold in a cemetery outside the corporate limits and within four miles thereof, unless a plat of the cemetery is filed with and approved by the Board of Public Works and the Common Council. [Ord. G-91-6, passed 4-1-91. 1982 Code § 91.01; 1983 Code § 9.91.01.]
8.35.020 Interment.
(A) The superintendents of all cemeteries within the jurisdiction of the City shall be governed by the following rules in making or permitting interments therein.
(1) They shall keep a record of the name, age, nativity, last place of residence, and time and cause of death of every person whose remains shall be offered for burial in the cemeteries.
(2) They shall not suffer or permit the remains of any person to be interred in the cemeteries without a burial permit and a certificate stating the cause of death of the person issued by those persons authorized by law to give such a permit or certificate.
(B) No person, except the superintendent of such municipal cemetery, or an employee of the same, under the direction of the superintendent thereof, shall make any interment of any kind within the grounds of the cemetery.
(C) Should there be any special instructions or wishes in reference to the conducting or arrangement of an interment, it shall be the duty of the undertaker or person in charge to make the wishes known to the superintendent or assistant superintendent of the municipal cemetery before the burial service, and it shall be the duty of the superintendent to conform to all reasonable requests. [1962 Code §§ 943.03, 943.06, 943.07; 1982 Code § 91.02; 1983 Code § 9.91.02.]
8.35.030 Processions.
The superintendent or the assistant superintendent of a municipal cemetery, or someone authorized by the superintendent, shall receive all funeral processions at the gate or office and direct the undertaker or those in charge of the funeral to the grave. The superintendent or assistant superintendent shall remain in charge of the burial service until the grave is fully rounded up and finished. Undertakers and those in charge of all funeral processions entering the cemeteries shall be under the direct control of the superintendent or assistant superintendent thereof until the burial is over and the funeral procession has passed out of the gates of the cemetery. [1962 Code § 943.08; 1982 Code § 91.03; 1983 Code § 9.91.03.]
8.35.040 Direction of cemetery employees.
No person in charge of any funeral shall assume direction of any municipal cemetery employee unless the superintendent and assistant superintendent are both absent at the time of burial service. Should any dissatisfaction occur, complaint shall be made to the superintendent, who shall investigate and take appropriate action as the circumstances may require. [1962 Code § 943.09; 1982 Code § 91.04; 1983 Code § 9.91.04.]
8.35.050 Sodding of graves.
No person except the superintendent of the cemetery, or any employee of the cemetery under the direction of the superintendent thereof, shall sod any grave within the grounds of the cemetery. [1962 Code § 943.10; 1982 Code § 91.05; 1983 Code § 9.91.05.]
8.35.060 Extra compensation prohibited.
No employee nor the superintendent shall receive any money for services rendered in connection with a municipal cemetery, except from the Board of Public Works. [Ord. G-91-6, passed 4-1-91. 1982 Code § 91.06; 1983 Code § 9.91.06.]
8.35.070 Corner stones – Coping.
All corner stones and coping shall be set so that the top shall be flush and even with the surface of the ground. [1962 Code § 943.12; 1982 Code § 91.07; 1983 Code § 9.91.07.]
8.35.080 Erection of monuments.
Foundations for large monuments placed in municipal cemeteries shall not be less than six feet deep and shall be made under the direction and subject to the inspection of the superintendent. Persons engaged in erecting monuments or other structures shall not scatter their material over adjoining lots or leave material on the ground longer than is absolutely necessary. [1962 Code § 943.13; 1982 Code § 91.08; 1983 Code § 9.91.08.]
8.35.090 Maintenance.
All owners of lots in municipal cemeteries shall keep them, together with all monuments, corner stones, and coping, or other improvements of any sort situated thereon, in good order and repair. On failure of the owner to do so, the Board of Public Works shall cause this to be done at the owner’s expense after 90 days’ notice to the owner, and the cost or expense may be recovered from the owner as herein provided. [Ord. G-91-6, passed 4-1-91. 1982 Code § 91.09; 1983 Code § 9.91.09.]
8.35.100 Trucks.
Heavily laden teams or trucks shall not enter the cemetery grounds while they are in soft condition. When monuments or other material are brought into the grounds they shall be accompanied by workmen who shall erect or otherwise dispose of them without delay. All material left over after the erection of a monument shall be disposed of according to the direction of the superintendent. Vehicles shall take the route that will enable them to enter and leave without driving over, upon, or across any lot in the cemeteries. [1962 Code § 943.14; 1982 Code § 91.10; 1983 Code § 9.91.10.]
8.35.110 Fences not permitted.
No fence of any kind shall hereafter be erected for the purpose of enclosing any lot in any municipally owned cemetery. It shall be the duty of the owner or claimant of any lot on or around which any fence has heretofore been erected to remove it within 90 days of notice given by the superintendent. On failure of any owner or claimant to remove such a fence, the Board of Public Works shall have the right to cause it to be removed at the owner’s expense and the expense may be recovered from the owner by an action at law in any court of competent jurisdiction. [Ord. G-91-6, passed 4-1-91. 1982 Code § 91.11; 1983 Code § 9.91.11.]
8.35.120 Trees – Removal.
The Board of Public Works shall have the power to regulate and prohibit the planting of trees and shrubs in the cemeteries, the right to regulate the placing of articles on graves, and the power to prohibit altogether the placing of all articles on graves except flowers. No person shall plant any tree, shrub, or growing plant in either of the public cemeteries without the consent of the superintendent. Plants, trees, and shrubs now growing in the cemeteries shall be removed by the owner or claimant of the lots on which they are situated whenever the Board of Public Works shall order them removed. After the owner or claimant has received 90 days’ notice thereof, on failure of the owner or claimant to remove the tree or shrub, the Board of Public Works may cause this to be done at the owner’s expense, and recover the expense in an action of law in any court of competent jurisdiction. [Ord. G-91-6, passed 4-1-91. 1982 Code § 91.12; 1983 Code § 9.91.12.]
8.35.130 Prohibited acts.
(A) No person shall convey refreshments into a municipal cemetery with the intention of picnicking therein. No person shall carry any firearms or take any animal within the cemetery. The regularly organized military escort, either of the State or United States, or war veterans’ organizations, may carry firearms within the grounds on permission being obtained from the superintendent. No children under 12 years of age unaccompanied by their parents or guardians shall enter the cemetery at any time.
(B) No person shall hunt, drive, or chase any game within the enclosures of any cemetery in the jurisdiction of the City; shoot or discharge any firearms therein; ride any horse faster than a walk or drive any motor vehicle at a rate of speed exceeding 10 miles per hour in the cemetery; ride a horse or drive a motor vehicle over, upon, or across any lot or grass plot in the cemetery; or hitch or fasten any horse or other animal to any tree in the cemetery or to the fence enclosing the cemetery. Horses and other animals attached to vehicles after entering the grounds shall be attended by some person having them in charge. No person shall deface, pencil, desecrate, or otherwise defile or injure any monument or tombstone in the cemetery, or injure or destroy any tree, shrub, or plant therein. This section shall not be construed to prevent the superintendent of the cemetery from removing or trimming any tree, plant, shrub, or fence when ordered to do so by the governing body of the cemetery. [1962 Code § 943.16; 1982 Code § 91.13; 1983 Code § 9.91.13.]
8.35.140 Disturbing the peace.
Any person disturbing the quiet and good order of any cemetery within the jurisdiction of the City, either by making a noise or by any boisterous or improper conduct, shall be ejected from the grounds at any time. [1962 Code § 943.17; 1982 Code § 91.14; 1983 Code § 9.91.14.]
8.35.150 Applicability of chapter.
The provisions of this chapter shall only apply to cemeteries which are owned, controlled, or supervised by the City of Evansville. [1982 Code § 91.15; 1983 Code § 9.91.15.]
8.35.160 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [1982 Code § 91.99; 1983 Code § 9.91.99.]
Cross-references: Public Cemetery Board, Chapter 2.190 EMC; Locust Hill Cemetery Perpetual Care Revolving Fund, Chapter 3.45 EMC.