CHAPTER 12. PUBLIC PROPERTYCHAPTER 12. PUBLIC PROPERTY\Article 4. City Cemetery

For the purposes of this article, the following words and phrases shall mean:

(a)   Cemetery means a burial park for earth interments.

(b)   Interment means the permanent disposition of the remains of a deceased person by burial, by cremation, interment and burial.

(c)   Lot means a numbered space within the cemetery as shown on the record plat.

(d)   Monument means a permanent tombstone and secured in concrete.

(e)   Opening/closing means removal of earth for an interment and replacing of earth over the burial vault, grave liner or urn, as specified in this article.

(f)   Block means the primary subdivision of the cemetery, composed of a collection of numbered lots.

(g)   Burial Vault means a sealed unit that protects from the intrusion of outside elements and is specifically engineered to support the weight of the earth above the grave as well as the heavy equipment that passes over it.

(h)   Grave Liner means a non-sealed unit which provides no protection from the intrusion of outside elements, but only offers protection from the weight of the earth and cemetery equipment.

(Ord. 1741; Code 2013)

The survey and plat of the Cemetery into lots, parking, roadways and walks, as recorded in the Office of the Register of Deeds of Sumner County, shall be the official survey and plat of the cemetery.

(Ord. 1741; Code 2013)

The city clerk shall be responsible for maintaining official records of conveyances, owners and interments in the Conway Springs Cemetery. He or she shall collect and account for cemetery funds from the sale of lots and shall issue all cemetery deeds.

(Ord. 1741; Code 2013)

The duties of the cemetery maintenance personnel shall be responsible for maintaining the cemetery, including fencing, gates, grounds, roads, and all other parts thereof, in good condition. He or she shall mark all graves for opening/closing and shall perform the opening/closing. He or she shall also mark out locations for monuments and inspect and approve all new monument installations to insure compliance with city specifications.

(Ord. 1741; Code 2013)

Regulations relating to lots in the cemetery and the sale of the lots shall be as follows:

(a)   The rate for sale and any fee associated with any burial lots in the city cemetery shall be set by resolution of the governing body.

(b)   All lots shall be used solely for the purpose of interment of human remains or cremains.

(c)   No lot shall be used for the purpose of burial, nor a deed issued until the purchase price has been paid in full to the city or until the city clerk shall have satisfactory guarantee of such payment.

(d)   Upon the full payment of the purchase price for any lot owned by the city, a Cemetery Certificate/Deed shall be issued by the city clerk which shall be signed by the mayor and attested by the city clerk under the seal of the city.

(Ord. 1741; Code 2013; Ord. 1927)

Regulations relating to interment requirements for the Conway Springs Cemetery are as follows:

(a)   Only one interment shall be made in any grave lot, with the following exception:

(1)   Up to two cremains interments in the same grave lot. An urn or cremains container shall be enclosed in a vault, underground, constructed of concrete, steel, or fiberglass. Scattering of cremains is prohibited.

(b)   A casket shall be interred in a vault constructed of concrete or steel. Any other material shall not be allowed.

(Ord. 1741; Code 2013; Ord. 1927)

No grave shall be opened in the city cemetery by anyone other than City of Conway Springs maintenance personnel or their designee.

(Ord. 1741; Code 2013)

Before any grave shall be excavated, application shall be made to the city clerk. Such application shall be made not less than 16 working hours before the time of interment. The application requesting a grave to be opened or dug may be made by:

(a)   The owner of the lot or his or her duly authorized agent.

(b)   The funeral director or person in charge of the interment.

(Ord. 1741; Code 2013)

If an immediate interment (within 24 hours of death) is required, the application for grave opening shall be made not less than four working hours before the time of interment.

(Ord. 1741; Code 2013)

(a)   Monday through Saturday until 4:00 p.m.

(b)   No interments shall be made on Sunday or City recognized holidays.

(Ord. 1741; Code 2013; Ord. 1927)

Any person desiring to reopen any grave in the cemetery to disinter or remove any body therefrom or for any other purpose shall make written application to the city clerk requesting such work to be done. A charge for said service shall be set by resolution of the governing body except that, if it is determined that the disinterment will correct an error of the City of Conway Springs no charge shall be charged. Any adjustment of graves is up to the discretion of the Conway Springs Cemetery to maintain the integrity of the cemetery. The following rules shall apply:

(a)   Reopening of a grave and removal of a body shall be under the supervision of a licensed funeral director approved by the mayor.

(b)   All markers designating the interment shall be removed at the time of disinterment and replaced after re-interment.

(Ord. 1741; Code 2013; Ord. 1927)

Requirements for placing monuments or markers are given below:

(a)   All grave lots must be marked with a temporary marker by the funeral home immediately after interment, if a monument does not exist.

(b)   A permanent marker is required within one year of interment.

(c)   Monuments in the cemetery must be made of granite, marble, bronze, or other durable materials.

(d)   Government markers may be installed.

(e)   Monuments and markers shall be installed in accordance with specifications approved by the Conway Springs City Council.

(Ord. 1741; Code 2013)

All footstones shall be installed flush with the ground level except for those lots where existing footstones have been installed above ground.

(Ord. 1741; Code 2013)

All monument and marker installations in the city cemetery shall be performed by professional monument installers.               Cemetery maintenance shall mark the location for monuments or markers. If, upon inspection by the cemetery maintenance personnel, a monument or marker is determined to be improperly installed, the city reserves the right to require the installer to correct the deficiency. The city council reserves the right to waive this requirement.

(Ord. 1741; Code 2013)

The permanent mounding up of a grave is prohibited.

(Ord. 1741; Code 2013)

(a)   Neglected, misplaced, dead, unkempt, unauthorized or hazardous plantings, including trees, may be removed by the city personnel as necessary to maintain the attractive, safe and neat appearance of the cemetery.

(b)   All permanent plantings, shrubs and flowers must be approved by city council and located within designated areas. Rose bushes and plants with thorns are prohibited.

(Ord. 1741; Code 2013)

(a)   Artificial flowers in a permanent floral display container attached to the headstone are permitted year-round unless they become faded, broken or deteriorated. The cemetery maintenance personnel or crew is authorized to remove and dispose of these items, without notice to the lot owner.

(b)   Seasonal flowers, cut flowers, artificial plants or flowers and wreaths shall be permitted on the entire grave plot area for five (5) days immediately following the date of interment on said grave. They may also be permitted on the grave lot for a period commencing five (5) days before Memorial Day and ending June 5. Flowers shall be removed by the cemetery maintenance personnel or crew, on June 5 or thereafter. Annual plantings in front of tombstones are not allowed.

(c)   Any type of decorative object, including but not limited to damaged or faded artificial flowers or wreaths, may be removed from the cemetery grounds and disposed of by the cemetery supervisor as necessary and without notice to the owner to maintain the attractive, safe, and neat appearance of the cemetery. Any flowers or obstructive object on the ground will be discarded during mowing season (May through October).

(d)   Lot owners, who do place on graves commemorative articles of any kind, may do so with the understanding that these items may become damaged during the mowing process. The City of Conway Springs is not liable for any damage caused to these items. Damaged articles so placed may be removed and disposed of by the cemetery maintenance personnel or crew, without notice to the owner.

(Ord. 1741; Code 2013; Ord. 1927; Ord. 1928)

The City of Conway Springs reserves the right to remove any article which has fallen into a state of disrepair or any other material which is deemed detrimental to the general good appearance of the grounds, or which shall, in the opinion of the city council prevent the easy or proper care of the cemetery.

(Ord. 1741; Code 2013)

All persons within the city cemetery shall conduct themselves in a manner consistent with the solemn nature of a public cemetery. No persons, without specific authority from the city shall:

(a)   Deposit rubbish or debris on any part of the cemetery grounds, except in receptacle provided.

(b)   Remove objects not belonging to them; pick flowers, shrubs or plants or injure anything on any part of the grounds.

(c)   Consume or carry any type of alcoholic beverage.

(d)   Carry firearms, except as permitted for military funerals or law enforcement officers or ceremonial events.

(e)   Scattering cremains is strictly prohibited.

(Ord. 1741; Code 2013)

The city cemetery shall be open to the public each day from sunrise until sundown. It shall be unlawful for any person, other than cemetery personnel or persons so authorized by the mayor, to be upon the cemetery grounds at any other time.

(Ord. 1741; Code 2013)

(a)   Foundation: All monuments, grave markers, or footstones placed in the Conway Springs Cemetery shall be set in the center of a concrete foundation and such foundation shall be so placed that the top thereof is level with the surrounding ground. The top of the foundation shall be formed and finished smoothly.

(b)   Monuments. Headstones. Or Footstones: Attachment to Foundation. The base of all monuments, headstones, or footstones must be adequately secured to the Foundation by use of sealer, dowelling, or by casting into the foundation.

(c)   Supervision: All monument work done in Conway Springs Cemetery shall be under the direction of the city council or their designated representative. Any work done which does not meet the above specifications shall be re-done on order of the city council or their representative. Any company or individual which refuses to comply with the above specifications will be prohibited from doing any further monument work in the Conway Springs Cemetery.

(Ord. 1741; Code 2013)