Chapter 12 · Public Property

Article 2. Cemetery

Sections 12-201 to 12-214 · 14 sections

12-201 Name.

The cemetery grounds shall hereafter be known as the “Oberlin Cemetery”; and, when the word “cemetery” is hereafter used in this article, it shall mean the “Oberlin Cemetery”.

(Prior Code § 13-101; Ord. 843)

12-202 Sexton.

(a)The City Manager shall hire a sexton for the cemetery.

(b)The sexton, under the supervision and direction of the Mayor and City Council, shall have charge of the care, upkeep and maintenance of the cemetery and all work in connection therewith.

(c)The cemetery sexton shall have general and immediate control and supervision of all digging and excavating for graves or removal of bodies made in the cemetery and shall locate all lots and graves when requested by any person.

(Prior Code § 13-102; Ord. 843)

12-203 Cemetery secretary.

The City Clerk shall, by 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 burials permits shall be paid into the city treasury and deposited in the Cemetery Fund.

(Prior Code § 13-103; Ord. 843)

12-204 Graves; digging, excavating.

(a)No person shall do any digging or excavating for graves unless the same shall be with knowledge and consent and under the supervision of the sexton.

(b)Any burials which shall occur in the Oberlin City Cemetery from 1-10-1996 shall be interred in at minimum a two-piece concrete box or steel grave container. The only exceptions to this article shall be:

(1)Funeral which have been prepaid prior to passage of Ord. 703;

(2)Burials of indigent persons; or

(3)Burials of cremains.

(c)Only human bodies shall be interred in said cemetery. All burial vaults 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 sealed 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 stone which shall be flush with the natural level of the ground. No grave shall hereafter be covered with anything, except marble or granite or soil and sod.

(Prior Code § 13-104; Ord. 843)

12-205 Purchase of lots.

The purchase price of lots for residents and non-residents of the city shall be determined and properly set by policy of the City Council. Payment shall be settled or made at time of purchase. The City Clerk shall issue a certificate of purchase to the purchaser. If in the event a burial space or spaces is purchased by a resident and thereafter a non-resident other than the original purchaser is in fact buried in said space then in that event an additional $50 cost will be charged to the estate of the non-resident and/or their proper legal representative.

(Prior Code § 13-105; Ord. 843)

12-206 Grave opening and closing charge.

Fees for the opening and closing of any grave shall be set by policy of the City Council and shall be paid in the office of the City Clerk.

(a)If the service is held on Saturday, Sunday or a holiday, an additional fee may be charged.

(b)The city clerk’s office must be notified three full business days prior to any burial. Additional fees will be charged if the 3 business day notification is not met.

(c)The city clerk’s office must be notified of all burials at the city cemetery by the person or company desiring to make such burial.

(Prior Code § 13-106; Ord. 843; Ord. 943)

12-207 Lot regulations.

Each lot shall contain two full burial spaces. There shall not be more than two full burials per lot. Each lot shall also be used for cremation burials. Up to four cremations can be placed on one half of a lot, if there is no headstone and footstone present. If a headstone or footstone are present, only three cremations are allowed per one-half of a lot. A cremation may also be placed at the foot of any one full burial, if no footstone is present. Cremations shall not be placed on top of a full burial. Lots will not be broken into two burial spaces.

(Prior Code § 13-107; Ord. 843)

12-208 Planting and adornment.

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 lot or any grave. Flowers and shrubs shall only be permitted when planted on the north and south sides of the headstone only. Decorations can be placed up to four inches from the mounting foundation for the headstone. The number of decorations is not to exceed six items. Any veteran’s grave designated with a military marker does not count as one of the allowed six items. During nationally-recognized holidays, additional decorations exceeding the six decorations limit are allowed. The sexton of the cemetery shall at all times have the right to remove all natural or artificial flowers, plants, wreaths, baskets, receptacles, decoration, trees, shrubs and plantings whenever, in their judgment, shall 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 City Council. Any glass objects are not permitted for decoration. The cemetery will not be held responsible for any article left on cemetery property or for any stones or anything on any lot damaged or destroyed by fires, vandalism, acts of God or other damages accruing to private property.

(Prior Code § 13-108; Ord. 843; Ord. 917)

12-209 Trees.

All trees must have the approval of the sexton before any planting may occur. Trees may be planted on individual lots if the following criterions are met.

(a)The owner shall receive written permission from all lot owners within a 20-foot radius of proposed tree location. If said lot owners are deceased, permission must be received from all family members within two degrees of consanguinity.

(b)All lots within said 20-foot radius must either have all burials completed and/or have no intention of any burials.

(c)City-owned trees are exempt from aforementioned rule.

(Prior Code § 13-109; Ord. 843)

12-210 Monument permits, construction and regulations.

(a)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 said cemetery without first having obtained a foundation permit from the City Clerk and having such foundation approved by the caretaker 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 injury. All dirt and refuse of the job shall be immediately removed from the lot and the cemetery by the parties erecting any structure or memorial. All monuments and markers must be set inside the lot line and true 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 to this regulation, and the costs and expense thereof shall be charged to and collected from the dealer erecting the work; and any person, firm or corporation who fails, neglects or refuses to comply with this or any other provision of this article may be refused permission by the City Council to place any more work in said cemetery. Any person, firm or corporation failing or refusing to correct any defective work done by any such person, firm or corporation in said cemetery, or who shall refuse to pay the expense incurred by the city in correcting defective work, shall be debarred from doing any work or placing any stones in said cemetery until all of the regulations of this article shall have been complied with and all expenses paid.

(b)Specifications for monument construction and installation of same shall be as follows.

(1)All foundations for monuments and markers must be a minimum of five inches longer and five inches wider than the base of the monument or marker and shall be constructed of concrete.

(2)All foundations shall be built no higher than the level of ground on the high side. All memorials shall be set in the center of such foundations.

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

(4)Temporary markers placed on graves shall not be the responsibility of the cemetery to maintain.

(5)All monument locations will be staked by the cemetery caretaker. A fee of $15 per monument location will be paid to the city before a permit to set a stone or monument shall be issued.

(Prior Code § 13-110; Ord. 843)

12-211 Public offenses.

It shall be unlawful for any person willfully to 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 said cemetery. No person shall drive any vehicle faster than ten mph 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 hereby extended to, and over, said cemetery.

(Prior Code § 13-111; Ord. 843)

12-212 Sexton; powers.

The sexton shall have police power to enforce the provisions of this article.

(Prior Code § 13-112; Ord. 843)

12-213 Penalty.

Any person violating any of the provisions of this article shall, upon conviction thereof, be fined no less than $100, nor more than $500, and may be confined and imprisoned for up to one year.

(Prior Code § 13-113; Ord. 843)

12-214 Rules, regulations.

The City Council shall have power to prescribe suitable and necessary rules and regulations for the sexton and cemetery in accordance with the terms of this article.

(Prior Code § 13-114; Ord. 843)