CHAPTER 93
CEMETERIES

Section

Regulations Governing Use, Charges

93.01    Markers

93.02    Marking lots in old Oak Hill Cemetery

93.03    Construction of curbing around lots prohibited

93.04    Grading and filling lots

93.05    Vases, baskets, and the like

93.06    Discharge of firearms prohibited; exceptions

93.07    Cemetery committee restricts trees, structures

93.08    Riding vehicle or animal off driveway prohibited

93.09    Speed restrictions

93.10    Carrying heavy loads restricted

93.11    Trimming of trees and shrubbery

93.12    Children under 12 restricted

93.13    Rates, charges

93.14    Sexton

REGULATIONS GOVERNING USE, CHARGES

93.01 MARKERS.

(A) All markers shall be in 1 line on the front or back edge of the lot as originally laid out and be flush with the contour of the ground.

(B) No marker shall be erected on a single grave or space, if its length exceeds 20 inches or more than 12 inches in width. No double marker shall be erected on 2 grave lots if the marker exceeds 40 inches in length and over 12 inches in width. No marker shall be erected on 3 grave lots if the length exceeds 60 inches, and the width exceeds 12 inches, except government markers, and there shall be flush with the contour of the ground.

(C) All markers shall be either the bronze type or granite stone.

(D) A margin shall be left around each marker, not greater than 2 inches, which will enable the caretakers to keep the lot trimly mowed.

(1994 Code, § 93.01)

93.02 MARKING LOTS IN OLD OAK HILL CEMETERY.

All lots in old Oak Hill Cemetery that may be brought within the operation of the Perpetual Care Fund shall be marked by sinking level with the surface of the ground at the corners of the lot, thus obtaining perpetual care permanent concrete markers, so as to designate to all future caretakers of the cemetery that the lots are to be perpetually maintained without expense to the owners, with an additional marker showing the number of the lot.

(1994 Code, § 93.02) (Ord. 603, passed - -)

93.03 CONSTRUCTION OF CURBING AROUND LOTS PROHIBITED.

It shall be unlawful for any person to construct or rebuild around any lot within a cemetery any cement, stone or other curb.

(1994 Code, § 93.03) (Ord. 419, passed - -) Penalty, see § 10.99

93.04 GRADING AND FILLING LOTS.

All persons are forbidden to grade or fill any lot more than 8 inches above the grade of the alley, street, driveway or path on which such lot abuts. The grade and filling of lots in a cemetery shall be subject to the approval of the Sexton and Chairperson of the Cemetery Committee.

(1994 Code, § 93.04) (Ord. 419, passed - -) Penalty, see § 10.99

93.05 VASES, BASKETS, AND THE LIKE.

(A) One or 2 inverted, permanent type flower vases may be set next to a marker or 2 markers, and when the flowers have withered or become stale the Sexton shall remove the flowers and put the cover on the inverted type flower vase, which top shall stand flush with the ground.

(B) The use of wire baskets and urns will not be permitted. Only 1 potted plant will be permitted on a grave at any time, except on Mother’s Day, Father’s Day, Easter and Memorial Day. All potted plants shall be removed as soon as they are through blooming.

(C) Flowers may be set at the base of a columbarium on the day of entombment and on or up to 3 days after the entombment. On the fourth day after the entombment the Sexton shall remove the flowers. No flowers shall be on a columbarium or any of its niches. No other decorations shall be permitted around or on a columbarium or any of its niches.

(1994 Code, § 93.05) (Ord. 920, passed - -; Am. Ord. 2012-2037, passed 5-14-2012) Penalty, see § 10.99

93.06 DISCHARGE OF FIREARMS PROHIBITED; EXCEPTIONS.

It shall be unlawful for any person to discharge any firearms within a cemetery, except at military funerals or on Decoration Day.

(1994 Code, § 93.06) (Ord. 920, passed - -) Penalty, see § 10.99

93.07 CEMETERY COMMITTEE RESTRICTS TREES, STRUCTURES.

The Cemetery Committee shall have the right to prevent the erection of, or to remove any structure or inscription which they may deem offensive or improper, and to remove or prune any tree or shrubbery within a cemetery which may obstruct the view or mar the effect and beauty of the cemetery.

(1994 Code, § 93.07) (Ord. 419, passed - -)

93.08 RIDING VEHICLE OR ANIMAL OFF DRIVEWAY PROHIBITED.

It shall be unlawful for any person to ride or drive any animal or vehicle across or over any lot within a cemetery or across or over any ground that remains unsold outside the driveway in a cemetery.

(1994 Code, § 93.08) (Ord. 419, passed - -) Penalty, see § 10.99

93.09 SPEED RESTRICTIONS.

It shall be unlawful for any person to drive any vehicle faster than posted speed limits within a cemetery.

(1994 Code, § 93.09) (Ord. 419, passed - -) Penalty, see § 10.99

93.10 CARRYING HEAVY LOADS RESTRICTED.

All persons are forbidden to enter a cemetery with a heavy load in the spring or fall, when the ground is soft, unless permission is granted by the sexton and the Chairperson of the Cemetery Committee.

(1994 Code, § 93.10) (Ord. 419, passed - -) Penalty, see § 10.99

93.11 TRIMMING OF TREES AND SHRUBBERY.

All trees and shrubbery on private lots in a cemetery shall be pruned and trimmed as not to interfere with the streets, alleys, paths and driveways of the cemetery.

(1994 Code, § 93.11) (Ord. 419, passed - -) Penalty, see § 10.99

93.12 CHILDREN UNDER 12 RESTRICTED.

Children under 12 years old will not be permitted within a cemetery unless accompanied by parents, guardians or friends, unless on business for parents or their guardians.

(1994 Code, § 93.12) (Ord. 419, passed - -)

93.13 RATES, CHARGES.

(A) The price for individual grave spaces, mausoleum spaces, columbarium niches, and the rates and charges for cemetery services shall be as follows:

(1) Lot Prices:

    (a) A grave space anywhere in the Cemetery with the exception of Memorial Gardens Addition in New Oakhill Cemetery

$500

    (b) A grave space in Memorial Gardens Addition in New Oakhill Cemetery

$200

    (c) A private mausoleum space in Edgewood Addition in New Oakhill Cemetery, $6,000. These are for private mausoleums only; no burials permitted.

    (d) A niche in a columbarium that may contain up to 2 urns or other containers of cremated remains

$1,000

The Clerk-Treasurer will record the deed at the Marshall County Recorder’s Office. There will be an additional charge for recording fees at the time of purchase based upon the fees charged by the Recorder.

(2) Rates for Grave Opening:

    (a) Adult grave opening Monday through Friday 8:00 a.m. until 3:00 p.m. (local time)

$500

    (b) Adult grave opening Saturday 8:00 a.m. until 3:00 p.m. (local time)

$750

    (c) Adult grave opening Sunday 12:00 noon until 3:00 p.m. (local time)

$750

    (d) Grave opening for a child under 12 years of age, Monday through Friday, 8:00 a.m. until 3:00 p.m. (local time)

$150

    (e) Grave opening for a child under 12 years of age, Saturday 8:00 a.m. until 3:00 p.m. (local time)

$350

    (f) Grave opening for a child under 12 years of age, Sunday 12:00 noon until 3:00 p.m. (local time)

$350

    (g) Grave opening for a cremation urn, Monday through Friday, 8:00 a.m. until 3:00 p.m. (local time)

$200

    (h) Grave opening for a cremation urn, Saturday 8:00 a.m. until 3:00 p.m. (local time)

$400

    (i) Grave opening for a cremation urn, Sunday 12:00 noon until 3:00 p.m. (local time)

$400

(3) Entombment Rate:

    (a) Mausoleum entombment, Monday through Friday, 8:00 a.m. until 3:00 p.m. (local time)

$300

    (b) Mausoleum entombment, Saturday 8:00 a.m. until 3:00 p.m. (local time)

$500

    (c) Mausoleum entombment, Sunday 12:00 noon until 3:00 p.m. (local time)

$500

    (d) Entombment of cremated remains in mausoleum and columbarium, Monday through Friday, 8:00 a.m. until 3:00 p.m. (local time)

$200

    (e) Entombment of cremated remains in mausoleum and columbarium, Saturday 8:00 a.m. until 3:00 p.m. (local time)

$400

    (f) Entombment of cremated remains in mausoleum and columbarium, Sunday 12:00 noon until 3:00 p.m. (local time)

$400

(4) Fees for Concrete Footings for Monuments:

    (a) The fee for concrete footings for monuments, including a 4-inch margin (maximum 40-inch by 24-inch per grave space)

$0.35 per sq. in.

    (b) Minimum charge for concrete footings for monuments regardless of size

$50

(5) Disinterment Fees:

    (a) Fee to disinter remains from the ground Monday through Friday 8:00 a.m. until 3:00 p.m. (local time). There will be no disinterments on Saturdays, Sundays, or city holidays

$600

    (b) Fee to disinter cremated remains from the ground Monday through Friday 8:00 a.m. until 3:00 p.m. (local time). There will be no disinterments on Saturdays, Sundays, or city holidays

$300

    (c) Fee to disinter remains from mausoleum and columbarium Monday through Friday 8:00 a.m. until 3:00 p.m. (local time). There will be no disinterments on Saturdays, Sundays, or city holidays

$300

(6) Chapel Use and Fees:

    (a) Chapel use for up to 2-hour services (a deposit of $100 will also be required) – payable at time of use

$200

There will be no charge for use of the chapel for Medicaid and Township Trustee services, or for use of the chapel for graveside services due to inclement weather, or if a grave is deemed unsafe for graveside services.

There will be no services scheduled after 3:00 p.m. (local time). Arrivals for such services after 4:00 p.m. Monday through Friday will incur an additional fee of $200. Arrivals for such services after 3:00 p.m. on Saturdays or Sundays will incur an additional fee of $200. There will be no services scheduled on the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve, and Christmas.

(Ord. 2018-2138, passed 7-23-2018; Am. Ord. 2019-2152, passed 7-22-2019; Am. Ord. 2020-2169, passed 9-28-2020; Am. Ord. 2023-2210, passed 2-27-2023)

93.14 SEXTON.

(A) Appointment. The Mayor shall select the Sexton of the city cemetery no later than the second meeting in January of the Common Council. Such appointment shall endure until the Sexton resigns his appointment or until the Mayor removes him, whichever event occurs first.

(B) Duties. The Sexton of the city cemetery shall have the care and superintendence of the cemetery and shall keep all walks, drives, paths and streets therein sufficiently mowed and free and clean of brush, weeds and other debris. The Sexton shall do and perform all work and duties necessary to keep the cemetery ground and graves therein in good order.

(C) Digging graves. The Sexton of the city cemetery shall dig all graves that may be required in the cemetery for the burial of dead bodies therein, unless such digging of graves is delegated to another by order of the Sexton.

(1994 Code, § 93.14) (Ord. 424, passed - -; Ord. 434, passed - -; Ord. 551, passed - -)