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

There is hereby established a committee to be known as the cemetery committee.

(a)   The committee shall be appointed by the mayor and confirmed by the council. The committee shall consist of no more than five members. The members shall be residents of the city of Marysville except that one member may reside within three miles of the extra territorial jurisdiction of the city of Marysville. The mayor shall be the ex officio chairman.

(b)   Members shall be appointed for a term of two years, provided that any member may be removed for cause at any time by the governing body. Vacancies shall be filled by appointment for the unexpired term.

(c)   The committee shall make reports, recommendations to the governing body rules and regulations governing the operation of the Marysville cemetery, and perform other duties and functions as dictated by the articles of this code.

(Ord. 1812; Code 2020)

The Cemetery and Parks Supervisor shall be provided with a proper plat of the Marysville cemetery showing all unsold lots and shall assist persons interested in the purchase of lots in examining same. The city clerk shall deliver to any purchaser a cemetery deed, executed by the mayor and attested to by the city clerk, upon payment of the scheduled price for the lot selected.  

(Code 2020)

All graves shall be rectangular in shape and shall be dug due east and west. Effective January 1, 2001, mausoleum surface vaults will be prohibited with the following exception. If a mausoleum surface vault is already in place on the burial lot of record, mausoleum surface vaults will be permitted on the remaining lot of record.  

(Ord. 1574, Sec. 1)

Upon payment to the city clerk of the scheduled price for opening and closing a grave, the city clerk shall issue an order to the Cemetery and Parks Supervisor directing the supervisor to open the grave upon the proper lot. No grave shall be opened by the supervisor except upon written order from the city clerk.  

(Code 2020; Policy A-97)

The following charges, which shall include perpetual care, shall be made for lots and parts of the lots in the Marysville cemetery:

(a)   Full lot: $400.00.

(b)   One-Half lot: $200.00.

(c)   Single Space: $50.00. The location of the single space shall be designated by the cemetery committee.

(d)   A request to buyback cemetery lots will be for the original purchase price only, less a 20% administrative fee.  

(Ord. 1120, Sec. 1; Ord. 1851; Code 2020)

It shall be the duty of the Cemetery and Parks Supervisor, after an interment is made upon any lot, to restore the lot to proper condition as soon as practicable. No mound shall be raised upon any lot to a height which would interfere with the operation of lawn mowers over such lot and in no case shall the mound be raised to a height exceeding four inches. The cemetery committee shall have the full power and authority to regulate the mounding of graves on any lot.  

(Code 2020)

On each individual burial space in the cemetery, the following burial limits shall apply:

(a)   One adult casket;

(b)   One adult casket and/or one cremation urn;

(c)   Two cremation urns;

(d)   Two infant caskets;

(e)   In no event shall stacking of caskets be permissible. For an adult casket, the minimum size of an individual plot shall be 45 inches wide and 10 feet in length. Any exceptions to the above must be approved by the cemetery committee with notification to the city council. (Policy A-15a)

No burials on Sundays or city observed holidays shall be authorized.

(Ord. 1851; Code 2020; Policy A-97)

Fees for the opening and closing of graves within the cemetery shall be established by city policy.  

(Code 2011)

All monuments or grave stones shall be placed on a concrete foundation, which foundation shall be sufficient to prevent the tipping of the stone. The cemetery committee shall prescribe rules and regulations to insure proper compliance with this article. Wooden markers of every description are deemed detrimental to the appearance of the cemetery and their use is forbidden.  

(Ord. 627, Sec. 2)

The cemetery committee shall have the right have the right to prevent the erection of any structure or other decorative device which it deems detrimental to the general appearance of the cemetery, or which would tend to hinder the proper care of the cemete1y. The cemetery committee shall have the right to remove any such structure or material heretofore or hereafter erection. All inquiries shall be made to City Hall.

Each stone may have only ONE decoration in the grass in addition to a current war marker. There will be only ONE decoration per stone, not per person buried. These devices, if staked in the ground must be solid steel at least 3/8-inch diameter, anything smaller is easily broken by a trimmer. No wooden or plastic devices are allowed. The one device allowed will be restricted to the side(s) of the stone and it must be on your family's space(s) (one space is 45 inches wide). Memorial Day decorations are acceptable but will be removed by June 10. Decorations and devices are allowed from November 1 to April 1 because there is no mowing during these months. All decorations and devices will be removed by April 1.

(Ord. 396; Policy A-99)

No more than four evergreens and shrubs shall be planted on any lot. Trees may be planted only by the cemetery committee and under the committee’s direction. The location of any shrubs, bushes or plants on the lots must first be approved by the cemetery committee. The standard which the cemetery committee shall use in such approval is to allow such planting of plants, shrubs and bushes which shall not interfere with the efficient operation of the cemetery or the mowing of the cemetery for general appearances. Upon the finding that the proposed planting for plants, shrubs or bushes comply with this standard, the cemetery committee shall allow the planting. In the event that the proposed planting or plant improvement shall not comply therewith, approval shall be denied by the cemetery committee. The Cemetery and Parks Supervisor, upon direction from the cemetery committee, shall remove all such plants, shrubs or bushes hereafter planted which are not in conformity with the standards set forth herein and/or not approved by the cemetery committee under these standards. No trees or shrubs growing on any lot in the cemetery shall be cut down or destroyed without the consent of the cemetery committee.  

(Ord. 627, Sec. 2)

It shall be unlawful for the owner of any lot to permit or authorize any interment to be made upon his or her lot for financial remuneration. It shall be unlawful for any person to sell, assign or transfer any lot or part thereof to another person without first filing a quit claim deed with the city clerk.  

(Ord. 396, Sec. 12; Code 1987)

It shall be unlawful for any person to pick or remove any flower, shrub or ornament in the cemetery unless such flowers, shrubs or ornaments were deposited, placed or left in a cemetery lot by that person or their designee.  

(Ord. 396, Sec. 21)

It shall be unlawful for any person to erect, post or paint any sign or any other advertising matter in the cemetery or on any city property surrounding the cemetery.  

(Ord. 396, Sec. 19)

It shall be unlawful for any unauthorized person to hunt or trap in the Marysville cemetery. Firearms will not be authorized except as part of a military honor guard. Persons accompanied by dogs running at large will not be admitted. Horses, automobiles and other vehicles shall be kept on the roads and drives in the cemetery and, in all cases, shall be kept off the grass in the cemetery. City employees may use firearms or other pest eradication devices to remove, eliminate or destroy pests or other animal situated on the Marysville cemetery.  

(Ord. 396, Sec. 20)

All revenues received through the sale of each lot, one-half lot or single space, as well as the annual interest received from the “Permanent Endowment Fund”, shall be placed in the city’s general fund. All the funds so received shall be expended only for keeping the lots and grounds in the cemetery in a suitable and proper condition. The city shall guarantee that no part of the existing “Permanent Endowment Fund” will ever be expended for any purpose whatsoever. It shall be the duty of the city administrator or city clerk to keep the funds invested in investments authorized by K.S.A. 12-1675, and amendments thereto, or in state, county or municipal bonds, or bonds of or guaranteed by the United States of America. The city shall not furnish markers for perpetual care lots.  

(Ord. 1120, Sec. 1, Code 1987)