CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 2. OAKLEY CITY CEMETERY

The cemetery grounds shall hereafter be known as the Oakley City Cemetery, and when the word "cemetery" is hereafter used in this article, it shall mean the Oakley City Cemetery.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

The supervision and management of the cemetery shall be under the care, government, and control of the mayor and council as the governing body of the city. The governing body shall have full power and authority to make all rules and regulations necessary and proper respecting said cemetery as provided by law, which rules and regulations may at any time be changed, amended or repealed by a majority vote of the council and approved by the mayor.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

The city clerk shall, by the virtue of the office, be the custodian of the cemetery records and transactions respecting the sale of any lots. All money received from the sale of cemetery lots and burial permits shall be receipted into the city’s general fund.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

City staff will serve as the caretakers of the cemetery. Only city employees will open or close any grave in the cemetery. In closing any grave the soil shall be tamped and sod shall be replaced level with the surrounding ground.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Upon payment to the city clerk of the purchase price of any lot, there shall be issued to the purchaser a certificate under the seal of the city, which shall be signed by the mayor and countersigned by the city clerk. Such certificates, so signed and sealed, shall vest in the purchaser, his or her heirs, and assigns, a right in fee simple to such lot or lots for the sole purpose of human interment, under the regulations of the city of Oakley. No cemetery certificate shall be issued for any lot until the full purchase price shall have been paid. No person shall hereafter conveyor transfer any lot or portion thereof without the certificate on the back of the deed signed or a quit-claim deed signed and a copy thereof filed with the city clerk designating who the new owner will be. Any owner of a lot may give permission in writing filed with the city clerk for the interment of others than his or her own immediate family.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

All grave openings, including those for the burial of cremated remains, shall be done by the city of Oakley. The fee for the opening and closing of graves will set from time to time by the governing body.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

The price of lots in said cemetery shall be fixed from time to time by the governing body. The price established includes perpetual care, upkeep, beautifying, repairing and keeping the lot in order. Each lot shall contain four plots. Lots will not be broken except on corners of blocks where two plots will be sold, or single plots in lots designated by the city from time to time for indigent persons which have their funeral paid for by the state of Kansas.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

It shall be unlawful to erect or construct any fences, coping or curbing of wood, stone, brick, cement or other material on or around any lot or part of any lot or grave, or to plant any tree, flower or shrub on any cemetery lot or grave. The city of Oakley shall have the right at all times to remove all natural or artificial flowers, plants, wreaths, baskets, receptacles, decorations, trees, shrubs and plantings whenever, in the judgment of the city staff responsible for the care of the cemetery, that such become wilted, dead or unsightly or are of such type, kind, or nature as to obstruct or hinder the proper maintenance of the cemetery or are not approved by the governing body of the city.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

It shall be unlawful for any person, firm or corporation to place, construct or set any grave marker or monument, or the foundation therefore, in such cemetery, without first having obtained a foundation permit from the city clerk and having such foundation approved by the city of Oakley before any monument or marker or other structure is placed thereon. All materials and monuments must be unloaded from the nearest street and the lots properly planked and protected from all injury. All dirt or refuse of the job shall immediately be removed from the lots and the cemetery by the parties erecting the structure or memorial. All monuments and markers must be set inside the lot line and parallel to the line, also level and plumb, and if not so placed, the governing body shall have the power to have such stones and work changed so as to conform with this regulation, and the cost and expense thereof shall be charged to and collected from the person, firm, or corporation erecting the work; and any person, firm, or corporation who fails, neglects or refuses to comply with this or any other provisions of this article may be refused permission by the city of Oakley to place any more work in such cemetery. Any person, firm, or corporation in such cemetery who shall refuse to pay the expenses incurred by the city of Oakley in correcting defective work shall be barred from doing any work or placing any monuments in such cemetery until all of the regulations of this article shall have been complied with and all expenses paid. Specifications for monument constructi0n and installation of the same shall be as follows:

(a)   All foundations for monuments and markers must be a minimum of eight inches longer and eight inches wider than the base of the monument or marker and shall be constructed of concrete in a mixture of one part cement and four parts clean sand thoroughly mixed.

(b)   All foundations shall be built no higher than the level of the ground. All monuments or markers shall be set in the center of such foundations.

(c)   All foundation work shall be done when the ground is free from frost and not during freezing weather.

(d)   It shall not be the responsibility of the city to maintain temporary markers placed on graves.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Only human bodies shall be interred in the cemetery. All bodies or cremains interred in the cemetery shall be enclosed in a cement box, metal, stone, or cement burial vault and the top of such burial box or vault must be at least three feet below the surface of the ground, except in the use of an individual surface mausoleum which shall be so constructed as to have a sealing joint which is no less than six inches below the natural surface of the ground and shall be covered with a four inch thick single piece of granite which shall be flush with the natural level of the ground. No grave shall hereafter be covered with anything except marble, granite, soil or sod. Only one human body may be buried in a burial plot, except in the case of cremations where the cremated remains of two human bodies may be buried on a single burial plot. Funerals shall be arranged as to give city staff sufficient time to close the grave by five p.m.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Disinterment will be by court order only.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Subject to Section 12-211, any person desiring to reopen any grave in the cemetery to exhume or remove the body therefrom or for any other purpose shall first obtain a permit therefore from the city clerk, which shall set forth the number of the lot and block on which said grave is situated, the name of the person buried therein and the date of such burial and the place where such body is to be reburied if it is to be reburied. The cost of the permit, which shall be fixed from time to time by the governing body, shall be paid before a permit is issued. The reopening of a grave and removal of a body shall be done under the supervision of city staff.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

If any vault, tomb, mausoleum, sarcophagus, columbarium, monument or similar structure erected in or upon any lot shall become dilapidated or decayed, and said structure shall be determined by the city staff or governing body to be offensive, dangerous, or detrimental to the general appearance of the grounds, the city of Oakley shall have the right to and it shall be the duty of city staff to remove the same with approval first being given by the governing body, and the bodies therein, if any, to be interred on said lot and lot graded and improved to correspond with the surrounding grounds, making a reasonable charge therefore. No person shall remove any object from any place in the cemetery or make any excavation without the consent of the city of Oakley.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Paper, boxes, or withered flowers or other wastes must not be deposited on the roadways or lots, but must be removed from the grounds or deposited in receptacles provided for that purpose. Signs, notices, or advertisements of contractors, funeral directors, monument dealers, or any other persons will not be permitted on the cemetery grounds.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

It shall be unlawful for any person to willfully make any unnecessary noise or disturbance, or to cut down, deface, mutilate or injure any lot, tomb, monument, marker, railing, tree, shrub, flower, decoration or grave in the cemetery. It shall be unlawful for any person to enter or be in the Oakley City Cemetery between sundown and sunup of the following day, without the permission of the city of Oakley, and any person upon such premises during the aforesaid times without permission shall be guilty of trespassing. No person shall drive a vehicle faster than a walk within the cemetery, or obstruct any drive or path therein. No person shall enter or leave the cemetery except at the gates thereof. The police power of the city is extended to, and over, the cemetery.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

Any person desiring to provide for the perpetual care of a lot or lots in the cemetery may pay to the city of Oakley a sum which shall be invested by the city as provided by law, and the same shall be expended for improvements, maintenance and beautification of the cemetery, and the lot or lots so designated; provided, that the funds shall not be depleted or lessened and nothing but the earnings, as accumulated shall be expended for any purpose whatsoever unless a specific request has been made to use the fund for the repair of the lot or monument.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)

(a)   Prior to placing or erecting any monument, curbing, fence, tree, or any other permanent lot ornament within the cemetery of the City of Oakley, Kansas, the person, persons, organization, or entity wishing to place such monument shall notify the office of the city clerk of the City of Oakley, Kansas, three days prior to placing any such monument.  The three day notice excludes weekends and holidays. 

(b)   Should three day notice not be provided to the office of the city clerk of the City of Oakley, Kansas, then, the City of Oakley, Kansas, can remove any monument placed or erected or planted in the cemetery of the City of Oakley, Kansas, without the required notice being provided.

(Ord. 1029; Code 2014)

Any person violating any provision of this article shall be subject to a fine of not more than one hundred dollars.

(Code 1974, Chapter 2.80; Ord. 919; Code 2014)