|
CITY OF
FRANKLIN, KENTUCKY
ORDINANCE NO.
620.2-11-2007
ORDINANCE OF
THE CITY OF FRANKLIN
REPEALING PREVIOUS ORDINANCE(S)
RELATING TO THE GREENLAWN/SHADY REST CEMETERY
AND REINSTATING/REVISING CERTAIN PORTIONS RELATING TO THE
MAINTENANCE/OPERATION OF ALL CITY-OWNED CEMETERIES
WHEREAS, the City of Franklin, Kentucky, passed
Ordinance No. 620.2 and subsequent ordinances amending said ordinance
relating to the operation and maintenance of Greenlawn/Shady Rest
Cemetery and/or all other portions of the City’s cemeteries not named
specifically herein; and,
WHEREAS, the City Commission desires to repeal all prior ordinances
relating to the operation of any and all city-owned cemeteries and pass
a comprehensive ordinance relating to the operation and maintenance of
said cemeteries.
NOW, THEREFORE, be it ordained by the City of Franklin, Kentucky,
acting by and through its Board of City Commissioners, as follows:
SECTION 1. PRESERVATION OF
OLD FRANKLIN CITY CEMETERY
AS
HISTORICAL SITE
(A) The old
Franklin City Cemetery, located near the existing water tower on East
Cedar Street, and more specifically described in the property
description appendix attached to Ordinance 620.2-11-91, passed November
11, 1991, is hereby declared a historical cemetery site from the
effective date of this section. No building or structure
shall be allowed to be erected on the cemetery site, and the property
shall be properly maintained in its current state in recognition of its
significance as a historical site. At such time as the existing water
tower and tank become obsolete, the structure shall not be replaced by
a similar tower.
(B) The Simpson County Historical Society shall be allowed to place and
maintain a memorial marker at the site of the old cemetery, to be
dedicated to those persons buried at the site.
SECTION 2. PURPOSE
These rules and regulations are designed for
the protection of owners of interment rights as a group. They are
intended, not as restraining, but rather as preventing the
inconsiderate from taking unfair advantage of others. The adoption of
these rules and regulations will help protect and preserve the lasting
beauty and tranquility of the cemeteries. Any issues not
specifically covered in these rules and regulations must be approved by
the Cemetery Sexton. These regulations apply to all interment rights
whether issued prior to or subsequent to the purchase of interment
rights.
SECTION 3. CEMETERY
PROHIBITIONS
No person shall remove, damage or destroy any
flowers, evergreens or other things from any lots of the cemetery, not
being the owners thereof, or take up sod or haul anything into the
cemetery, or dig graves therein without permission. Any shrub, tree,
flower or other article planted upon cemetery property without prior
approval of the Cemetery Sexton shall be forthwith removed by the
Cemetery Sexton. Any shrub not properly maintained or which causes
improper maintenance of the surrounding land will, after adequate
notice to abate the violation, be removed by the Cemetery Sexton.
SECTION 4. CEMETERY REGULATIONS
RELATING TO MAINTENANCE
OF TREES, FLOWERS AND SHRUBS
(A) No shrub, tree, flower or combination thereof shall be
planted or transplanted within the boundaries of Greenlawn, Shady Rest
or any other city cemetery without the prior written approval of the
Cemetery Sexton.
(B) Between March 15 and November 15 of any year, no person
shall plant flowers or set flowers in a vase or other receptacle,
except in those specifically prepared vases placed on cemetery markers
throughout the cemetery. However, flowers may be placed upon
the cemetery grounds in any manner whatsoever during the following
periods:
1. Good Friday through the Tuesday
following Easter; and,
2. From one day before through two days
following Memorial Day, Mother’s
Day and Father’s
Day.
(C) When artificial flowers are left over a period of time and they
become faded or deteriorated, the Cemetery Sexton retains the right to
have any faded or deteriorated artificial flowers removed from the
gravesite.
SECTION 5. PURCHASE OF
CEMETERY LOTS
The lots in the cemetery shall be sold for such
prices as the City Commission may determine from time to
time. The purchaser of the lot shall pay the price thereof to
the City Clerk, and a deed therefore, signed and acknowledged by the
Mayor and the Cemetery Sexton, shall be recorded by the Clerk in a
record book kept by the City Clerk for that purpose.
SECTION 6. TRANSFER OF LOTS
Deeds for cemetery lots may be transferred to a
new owner by a deed of transfer available in the office of the City
Clerk or the office of the Cemetery Sexton. The deed must be signed by
the seller and signature notarized. The Cemetery Sexton shall check the
availably of the lots to be transferred and approve the transfer. The
fee for the transfer shall be $35.
SECTION 7. PROHIBITED
ITEMS
The following items are prohibited in any location
within the cemetery unless specifically approved by the Cemetery Sexton:
(A) Shepherd hooks or any other
hanging devices that are made to hang baskets, flowers, potted plants
or other plantings are prohibited.
(B) Glass, ceramic or breakable
items are prohibited.
(C) Metal,
PVC or wood pipes or stakes designed to drive into the ground are
prohibited. Any such items currently in the ground will be removed as
of January 1, 2008.
SECTION 8. DEFACING OR
DAMAGING CEMETERY
No person shall break down any fence or part
thereof, deface any tombstone or grave, or injure any other thing
within the cemetery.
SECTION 9. RATES AND
CHARGES
The following rates and charges are adopted for
the Greenlawn Cemetery:
1. $400for a single grave;
2. $100 for perpetual care per grave;
3. $450 for opening and closing a grave on weekdays;
4. $550 for opening and closing a grave on weekends or
city-recognized
holidays;
5. $100 for opening and closing a cremation on weekdays;
6. $200 for opening and closing a cremation on weekends or
city-
recognized holidays;
7. $100 for opening and closing a baby grave on weekdays;
8. $200 for opening and closing a baby grave on weekends or
city-
recognized holidays;
9. $1,000 for disinterment of an adult vault or casket; and,
10.
$250 for disinterment of a baby vault/casket or a cremation.
SECTION 10. MONUMENTS
All monuments, markers, tombstones, cornerstones,
tablets, or ornaments shall be erected under the supervision of the
Cemetery Sexton. The location for erecting any of the items listed
above must be marked by the Cemetery Sexton before erection begins.
Size limit(s) on monuments will be based on the size of lot(s)
owned. The size limits shall be determined at the sole
discretion of the Cemetery Sexton, or his or her designee, on a
case-by-case basis. The Cemetery Sexton must be notified at
least three (3) working days before installation in the form of a
Monument Installation Request Form. Flags marking the
location will be removed in ten (10) working days if item is not
installed within this ten (10) day time frame. Thereafter, a
new Monument Installation Request Form must be submitted prior to
installing the item. In case of violation of this section,
the Cemetery Sexton shall remove, reset, rectify or change such
monument, marker, tombstone, cornerstone or ornament, and the owner of
the lot or the company and/or person that erected the item shall pay
all costs associated with rectifying, removing, resetting or changing
same. There is a $10 fee for marking the monument location.
SECTION 11. RIGHTS
AND RESPONSIBILITIES
OF CEMETERY MANAGEMENT
“Cemetery Management” shall mean the Board of City
Commissioners, or their duly hired/appointed designee, the Cemetery
Sexton. Further, the Board of City Commissioners shall hire
or retain a person or entity to open and close all graves within the
cemeteries. The rights and responsibilities of cemetery
management shall be as follows:
(A) Cemetery management
reserves the right to compel all persons in
the cemetery to obey all rules and regulations.
(B) Cemetery management shall take reasonable precautions to
protect the property rights of owners within the cemeteries from loss
or damage, but disclaims all responsibility for loss or damage from
causes beyond its reasonable control. Loss or damage beyond reasonable
control includes, but is not limited to:
1. Damage caused by the elements (acts of God);
2. Damage caused by vandals or malicious mischief makers;
3. Damage caused by explosions;
4. Damage caused by military or civil authority;
5. Losses by theft (thieves); and/or
6. Damage caused by normal cemetery operations and use of
equipment.
(C) Cemetery management shall take
proper action for any damage occurring due to negligence on the part of
any cemetery personnel.
(D) Cemetery management shall have the right to correct any
errors made during interment, disinterment, transfer, conveyance or
sale of grave lots. Errors may be corrected by, but not limited to:
1. Substituting other interment rights of equal value and
similar location as near as possible;
2.
The disinterment/re-interment of remains to the correct/right
burial lot (with proper disinterment/re-interment permit); or
3. Issuing a new corrected deed to the owner upon retrieval,
and voidance of the incorrect deed.
(E) If any memorial, inscription or structure whatsoever is
found to be offensive, it shall be the duty of cemetery management to
initiate any action necessary for the removal, change or otherwise
correct the offensive object or inscription.
(F) The management reserves the right to cross over and/or
place equipment upon any properties within the cemeteries as deemed
necessary to accomplish all duties associated with services provided.
(G) Cemetery management reserves the right to temporarily
remove any memorial if deemed necessary to gain access to work areas.
Any memorial moved shall be placed back in its original position as
quickly as reasonably possible.
(H) Cemetery management reserves the right to prune, cut-back
or remove any tree, shrub or herbage that is or becomes detrimental to
adjacent lots and roadways, or is prohibiting access and preparation of
gravesites. Cemetery management shall use every available means to
avoid permanent damage or destruction to any tree, shrub or herbage,
but disclaims all liability or responsibility for the replacement
and/or cost of any plants destroyed due to necessary and/or normal work
procedures.
(I) Cemetery management reserves the right to remove any dead
tree, shrub or herbage in order to protect and preserve the beauty and
appearance of the cemetery.
SECTION 12. INTERMENT PROCEDURES
(A) There must
be an Authorization for Interment Form completed prior to any
interment.
- All service charges are due and payable prior
to any interment or disinterment, except where prior arrangements have
been made.
(C) Cemetery lots or single
graves are sold for the sole purpose of right of burial for the use of
the purchaser and purchaser’s designee/family. Relatives and heirs may
be buried in a grave lot if they present a notarized statement, signed
by the purchaser or the purchaser’s designee, heirs or assigns,
attached to the Authorization for Interment Form.
(D) The burial of two bodies in the same grave shall not be
permitted except when both bodies are in the same casket. The fee for
opening and closing the grave remains the same.
(E) If a grave is purchased for the purpose of interment of
cremations, three cremations are permitted per lot site, provided there
are no vault burials in the grave.
(F) A limit of one cremation interment is permitted over a
vault burial grave.
(G) Cemetery personnel or their designees shall conduct all
opening and closing procedures.
SECTION 13. DISINTERMENT
PROCEDURES
(A) Any disinterment shall be handled in conjunction with any
and all laws, ordinances, or regulations pertaining to such operations.
(B) Any disinterment shall be performed by cemetery personnel
under the direction of the Cemetery Sexton or his/her designee.
(C) Disinterment fees are the responsibility of the
disinterment applicant.
(D) Any additional costs incurred in the way of contract
work, funeral home services, vault and/or transportation shall be the
responsibility of the person(s) making application for disinterment,
and no cost shall be paid by the cemetery.
(E) Any application for disinterment requires a 30-day notice
to cemetery management, except in the case of a court order.
SECTION 14.APPRAISAL
OF CEMETERY LOTS
The City Commission shall appraise the lots
which remain unsold in the cemetery, and may reappraise and/or set
different values for those that remain unsold, from time to time, as
may be necessary.
SECTION 15. PERPETUAL CARE
FUND
Nothing contained in this subchapter is intended to authorize the use
of the “Perpetual Care Fund” except as specifically authorized in this
subchapter. The perpetual care fund is designed for the permanent
maintenance of the Greenlawn/Shady Rest Cemetery and/or any and all
other city cemeteries after the sale of all lots presently owned by the
cemetery. The City Commission or its designee shall have custody of the
perpetual care account. No disbursement from the corpus of the
perpetual care fund shall ever be made by the Board of City
Commissioners, or by any other entity. The Board of City Commissioners
shall be authorized to expend from the interest income of the perpetual
care fund only at such time as the perpetual care fund has accumulated
sufficient sums so that the earned interest income is sufficient to
meet the budgetary requirements of the Greenlawn/Shady Rest Cemetery.
Until such time, the interest income shall be reinvested in the
perpetual care fund.
SECTION 16. PENALTY
Any person who violates any provision of this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined not more
than $500 for each offense. Any person guilty and/or convicted of
causing damages shall be responsible for the costs associated with the
repair for or replacement of the items damaged.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held invalid or unconstitutional by
any Court of competent jurisdiction, such provision, and such holdings
shall not affect the validity of the remaining portions hereof.
All ordinances or parts of ordinances in conflict herewith, are, to the
extent of such conflict, hereby repealed.
11-13-2007 FIRST
READING
11-26-2007 SECOND READING
At a meeting of the Board of Commissioners of the City of Franklin,
Kentucky, held on November 26, 2007, on motion made by Commissioner
Henry Stone and seconded by Commissioner Bill Austin, the foregoing
ordinance was adopted, after full discussion, by the following vote:
YES
JIM BROWN, MAYOR
YES
BILL AUSTIN
YES
WENDELL STEWART
YES
HERBERT WILLIAMS
YES
HENRY STONE
|
