HomeMy WebLinkAboutCity Council Ordinance 2009-09ORDINANCE NO. 2009-09
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 14 OF THE
PLYMOUTH CITY CODE REGARDING MAINTENANCE
AND USE OF PARKERS LAKE CEMETERY
THE CITY COUNCIL OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 1400 of the Plymouth City Code is hereby amended as follows:
1400.01. Location, Plat: Prohibition of Other Cemeteries. A cemetery has been established
and is continued upon land owned by the City and legally described as follows:
Lot 1, Block 1, "Parkers Lake Cemetery".
A plat of the cemetery, as prepared by McCombs -Knutson Associates, Inc., surveyor, and placed
on file in the office of the City Clerk, is the official plat of the cemetery which shall be called
"Parkers Lake Cemetery". No person shall lay out or establish any cemetery, or use any lot of
land within this City for the burial of the dead, except in Parkers Lake Cemetery, or some other
tract of land duly designated as a cemetery by ordinance.
1400.03 Superintendent of Cemetery Duties. The City Manager shall appoint a
superintendent who shall have control and management of the cemetery, be responsible for its
maintenance and improvement and shall have such other powers and duties as are prescribed by
law or this Code, or by the City Manager.
1400.0-35. Purchase and Sale of Lots. The prices of cemetery lots and other services are
hereby fixed at $185 per lot plus $115 for perpetual care. Any person paying the price thus fixed
for any lot shall be entitled to a deed conveying the same executed by the City Manager and
Clerk. The purchaser shall expressly agree in the deed that their rights are subject to such
reasonable Fulls and ordinances and regulations as the Council may adopt relative to the use of
the cemetery. No lot shall be used for any purpose other than the burial of human remains and
the placing of appropriate materials.
Subd 1 It is the dutyof f the plot owner to notify the City_Clerk of any change in
their post office address. Notice sent to a plot owner at the last address on file in the cemetery
records shall be sufficient and proper legal notification.
Subd. 2. No easement or right of interment is granted to any plot owner in any
road drive alley or walk within the Parker's Lake Cemetery but such road, drive alley, or walk
may be used as a means of access.
Subd. 3. The City reserves, and shall have, the right to correct any errors that may
be made by it either in making interments, disinterments or removals, or in the description,
transfer or conveyance of any interment property, either by canceling such conveyance and
substituting and conveying, in lieu thereof, other interment property of equal value and similar
location as far as possible or as may be selected by the City, or in the sole discretion of the City,
by refunding the amount of money paid on account of said purchase. In the event such error
shall involve the interment of the remains of any person in such property, the City reserves, and
shall have the right to remove or transfer such remains so interred to such other property of
equal value and similar locations as may be substituted and conveyed, in lieu thereof.
1400.07. Transfer of Lots. No cemetery lot or fractional lot may be resold or otherwise
disposed of except by will or subdivided without the approval of the City Manager, and the
City retains the first option to repurchase the cemetery lot or fractional lot at the original sale
price No lot will be permitted to be resold disposed of or otherwise used until the purchase
price and all unpaid charges have been paid in full. A lot owner may dispose of its lot by will to
M of his relatives who may survive him or to the cemetery in trust, for the use and benefit of
the persons designated in the will but no such lot shall be affected by a testamentary device
unless the same be specifically mentioned in the will and by such device limited to one particular
person Lot owners may not allow interments to be made on their lots for remuneration. When a
transfer has been made in conformity with these rules, the Cily will issue a deed to the new
owner upon surrender of the deed or certificate of the former owner. The surrender deed or
certificate will then be canceled.
1400.09 Super-in4eadent ef Cemetery Qtgigg. The City Manager- shall appein4
law or- thisCode, of by the !tits Manager-. Descent of Lots. Upon the death of a lot owner, such
lot unless otherwise disposed of, shall descent in accordance with state law.
1400.9511. Handling of Funds. All money received from the sale of lots and other services
shall be paid to the City Finance Difee+^~ Realu~e~Manager who shall give a receipt therefor.
No deed to any cemetery lot shall be issued, nor shall any services be performed until a receipt
showing payment to the Finance Director of the cost thereof shall be exhibited to the person
whose duty it is to give the deed or perform the services. All money received from the sale of
lots and for the performance of services shall be placed in the cemetery fund, which fund shall be
used for the payment of the purchase price of grounds, or for maintenance and improvements,
and for no other purpose. The Finance Director-Treasurer shall keep an account of all receipts
and disbursements of money belonging to the cemetery fund.
1400.9713. Burial Permits. Before any interment shall be made in any cemetery in this City,
a burial permit shall be obtained from the local or the state registrar of vital statistics. Within
thirty-six hours after the death of any person in the City and before the body is removed for
burial within the City, the undertaker or person having charge of the interment shall apply for the
permit. This application shall be accompanied by a death certificate as prescribed by the State
Board of Health. No burial permit shall be issued until the application and death certificate shall
have been properly completed and presented. The body of a deceased person shall not be
brought into the City for burial unless accompanied by a death certificate and permit for removal
issued by the registrar of the registration district wherein the death occurred.
1400.15. Interments. Cemetery lot owners only are granted the right of interment in their
lots. The City reserves the right to refuse to permit the interment of anyone who was not at the
time of death the owner of the lot or a relative of the owner by blood or marriage. Permission in
writing from a lot owner must accompany all requests for permits to bury persons that are not
members of the immediate family of the lot owner. Such permission shall not be for
remuneration.
Subd. 1. Interment of two or more bodies shall not be made in one grave except in
the case of mother and child or two infants buried in one casket. Interment may not be made in
the cemetery unless all ordinances regarding interments have been complied with and until the
purchase price of the lot to be used and all burial fees are paid.
Subd. 2. Interment shall not be made in the cemetery except upon at least 24 hour
notice in advance of the time set for the funeral service given to the Superintendent. All funerals
shall be subject to the control of the Superintendent upon reaching the cemetery entrance.
Caskets shall not be interred in the cemetery unless the same is enclosed in a concrete box or
vault. Ar�penin fee ee as prescribed in Chapter 10 of the City Code shall be paid to the City
before any grave is opened or interment occurs.
The 24 hour notice shall include the outside dimensions of the case to be
used and the location shall be specified. Should the lot owner fail or neglect to designate the
location the City reserves the right to make the interment in a location designated by the City.
The City will not be responsible for anorder given by telephone, or for any mistake occurring
from the want of precise and proper instructions as to the particular space, size of grave, and
location in a plot where interment is desired. The City will not be liable for the interment permit
nor for the identity of the person sought to be interred.
Subd. 3. No interment or disinterment shall be permitted on anSunday or any
legal holiday, except in case of death attributed to contagious disease.
Subd. 4. A maximum of six cremains will be interred in an unoccupied grave. A
maximum of two cremains will be interred in a grave occupied by a casket or with a full casket
burial. Cremains will not be disinterred in order to permit interment of a casket.
1400.17. Delay of Interment. The City will be in no way liable for any delay in the
interment of a body when a protest to the interment has been made, or where the ordinances or
regulations have not been complied with. The City shall be under no duty to recognize any
protest of interments unless they are in writing and fled with the City Clerk or their designee.
1400.19. Disinterments. Written permission of the lot owner and the next of kin shall be
filed with the Superintendent, a permit from the City Health Officer shall be secured and
presented, and the required fees paid before any grave may be opened for any purpose. At least
one week's notice must be given prior to any disinterment. This provision does not apply when
disinterment is ordered by duly authorized public authority.
1400.21. Monuments and Markers. Evea monument and marker must be placed in the
space reserved therefore as shown mon the plat of such lot or as directed by the Superintendent.
No monument will be allowed upon a lot platted for less than four burials and none will be
allowed covering more than one percent of the total area for each burial site. Monuments shall
not exceed three feet in height above the ground. In Section N4, all monuments must be flat.
Subd. 1. No monument or markers or any part thereof may be constructed of
limestone sandstone or any artificial material. No monuments shall be placed in the cemetery
except such as are approved by the Superintendent.
Subd. 2. Foundations will be made at least as large as the bottom base or first
masonry course above ground but the right is reserved to require a larger foundation when it
appears that the weight of the structure requires' it The first course of masonry above foundation
and all monument and other bases must be bedded off to an equal thickness as no building up or
underpinning with chips spalls cement or other materials will be allowed. All monument bases
must be set in cement or mortar evenly covering the foundation.
Subd. 3. No foundation shall be required for markers which shall be set level with
the sod and markers must be cut so as to go into the ground not less than four inches nor more
than eight inches.
Subd 4. Persons engaged in erecting a monument or other structure upon a lot are
prohibited from attaching ropes or cables to trees or other objects in the cemetery without
express permission from the Superintendent and area likewise prohibited from placing material
on adjoining lots or allowing the same to remain on the ground longer than is necessary and they
must permit no unnecessary delay in completing the work after it has been commenced. In order
to protect paths and grass from injM planks must be laid over them when heavy material is to
be moved over them.
Subd. 5. Contractors and others engaged in such work must notify the
Superintendent before beginning the same. All work in the cemetery, of whatever kind, must be
carried on subject to the direction and control of the Superintendent. No monument or marker
may be placed in the cemetery until a written authorization therefore has been issued by the
Superintendent.
Subd. 6. The City reserves the right to remove all monuments, markers, flowers,
plants trees decorations or other similar things without liability to the owner whenever any of
these objects become unsafe or unsightly.
1400.23. Permanent Care. The general care of the cemetery is assumed by the City and
includes the cuttingograss at reasonable intervals, the raking and cleaningof f therg ounds,
and the pruning of the shrubs and trees that may be placed by the City, meaning and intending
theeg_ neral preservation of the lots and grounds, walks, roadways, boundaries, and structures, to
the end that said Grounds shall remain and be reasonably cared for as cemetery grounds. The
general care assumed by the cemetery shall in no case mean the maintenance, repair or
replacement of any memorial placed or erected upon lots nor the doing of any special or unusual
work in the cemeteg including work caused by impoverishment of the soil, nor does it mean
that reconstruction of any monument or marker in the cemetery, caused by the elements, an act of
God common enemy thieves, vandals, strikers, malicious mischief makers, explosions,
unavoidable accidents invasions insurrections, riots, or by the order of any military or civil
authority, whether the damage be direct or collateral, other than as herein provided.
1400.25. Landscaping and Improvements. Plants, shrubs, and flowers may be placed on
cemetery lots in areas designated by the Superintendent. No trees or vines may be planted, nor
may fences by erected. The City reserves the right to remove any tree, shrub, vine, plant, or
flower which may become unsightly dangerous, or not in keeping with the landscape design of
the cemetery. All landscaping grading and sodding shall be done by the City and/or its agents.
All graves will be sodded and kept flush with the adjacent ground. Mounds over graves are not
permitted.
1400 27 Duties of Actuary. The City Clerk or their designee shall be the actuary of the
cemetery and shall in addition to other records and duties concerning the cemetery, keep a
register of all interments and disinterments including the name, age, place of birth, residence,
marital status name and address of nearest relative veteran status, cause of death, and time and
place of interment disinterment and reinterment. The City Clerk or their designee shall also
notify the Commissioner of Veterans Affairs of the interment of a veteran as required by law.
1400.4-4-29. General Regulations. Subdivision 1. Discharge of Firearms. No person may
discharge any firearm or have possession of any firearm within the cemetery grounds without the
permission of the superintendent.
Subd. 2. Excavation. No person may remove any object from any place in the cemetery
or make any excavation without the consent of the superintendent.
Subd. 3. Obstruction. No person may obstruct any drive or path in the cemetery or in
any way injure, deface or destroy any structure, grave, flower, tree, or other thing in the
cemetery.
Subd. 4. Vehicles. No person may drive any vehicle faster than a walk within the
cemetery, nor drive over any path or roadway not authorized by the superintendent.
Subd. 5. Conduct in the Cemetery.
(a) No person may enter or leave the cemetery except at the gates provided.
(b) No person may disturb the quiet of the cemetery by noise or improper conduct of
any kind.
(c) No person may use the cemetery grounds or any road therein as a public
thoroughfare, or drive any vehicle through the cemetery grounds except for
purposes relating to the cemetery.
(d) No child may be permitted within the cemetery unless in the control of an adult.
(e) No person may allow any animal to run at large in the cemetery.
(f) No person may loiter at any time, nor be in the cemetery without the permission
of the cemetery superintendent at any time between the hours of sunset to 7:00
a.m.
(g) Persons within the cemetery shall use only the paths and walks and no one is
permitted to walk upon or across lots or lawns unless it is necessary to do so to
gain access to one's own lot. The cemetery expressly disclaims liability for any
injuries sustained by anyone violating this rule.
h) Persons visiting the cemetery or attending funerals are strictiv prohibited from
picking flowers, wild or cultivated, breaking or injuring any tree, shrub or plant,
or from writing upon, defacing or injuring_any memorial, or other structure within
the cemeterygrounds.
(i) The following acts are expressly prohibited:
1. Bringing meals or refreshments into the cemetery or consuming them on the
grounds.
2. Peddling or soliciting the sale of any commodity within the cemetery.
3. Placing signs or notices or advertisements of any kind within the cemetery.
4. Bringing animals into the cemetery.
5. Throwing of rubbish on any part of therot unds.
SECTION 2. This ordinance shall become effective immediately upon its passage.
ADOPTED by the City Council on this 9th day of June 2009.
�y"L
K li Slavik, Mayor
ATTEST:
Sandra R. Engdahl, CoClerk