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HomeMy WebLinkAboutOrdinances Book 12, Page 396, No Ordinance Number396 AN ORDINANCE APPROVING THE PLAT OF THE RUSHING ADDITION TO OAK GROVE CEI•IETERY IN THE CITY OF PADUCAH, KENTUCKY, AND THE LAYOUT PLAN FOR GRAVES, MONUI-LENTS AND I•ARKERS THEREIN; PROVIDING FOR THE ESTABLISHMENT OF A CEMETERY TO BE KNOWN AS THE "RUSHING ADDITION TO OAK GROVE CEMETERY"; PROVIDING THE RULES AND REGULATIONS FOR THE SALE OF LOTS, THE ISSUANCE OF BURIAL PERDIITS, THE INTERMENT OF BODIES AND THE ERECTION OF MONUPENTS AND MARKERS THEREIN AND IN THE ADDITIONS THERETO; FIXING THE PENALTY FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ALL ORDINANCES IPI CONFLICT THEREWITH BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the plat numbered 1, filed herewith and as a part hereof, hereinafter referred to as the "Plat", which plat was prepared by T. A. Bradley, the City Engineer of the City of Paducah, Kentucky, in June, 1951', and showing the subdivision of Blocks Nos. 6, 7, 8 and 9 for use as burial lots, be and it is hereby approved, adopted and accepted as and for the official plat of the Rushing Addition to Oak Grove Cemetery. SECTION 2. That the attached plat numbered 2 .filed herewith and as a part hereof, and hereinafter referred to as the "Layout Plan", which plat was prepared by T. A. Bradley, the City Engineer of the City of Paducah, Kentucky, in July, 1950 and showing the layout plan of graves, monuments and markers in Rushing Addition to Oak Grove Cemetery, and in any addition or additions thereto, be and it is hereby approved, adopted and accepted as and for the official plat regulating the location of graves and the erection of monuments and markers in said cemetery, and in any addition or additions thereto. SECTION 3. There is hereby established in the City of Paducah a cemetery to be known as the "Rushing Addition to Oak Grove Cemetery", which shall also include such additions as the city may, by ordinance, lay out and establish as a part thereof, and the use of all of said property for burial purposes shall be regulated and controlled by the provisions set forth in this ordinance. SECTION 4. It shall be unlawful to inter a body in said addition other than that of a negro or of a person of African descent. SECTION 5. The word "sexton" as used in this ordinance shall mean the super- intendent of Oak Grove Cemetery or such other employee of the city who shall, by ordinance, be charged with the duties of maintaining the cemetery property of the city or perform the duties ordinarily performed by a sexton. SECTION 6. The right of passage is reserved on all lots for .funerals or for special occasions and it shall be unlawful for any person to obstruct or interfere with the passage for such purposes. 397 SECTION 7. A fewer number of graves may be arranged for or used on any lot as designated on the Plat, but in no event shall a greater number of graves be arranged for or used thereon. Provided, however, the space provided for one adult grave as shown on the Plat may be used for the graves of two babies and a marker may be erected for each such grave at the location shown on the Layout Plan. SECTION 8. The owner of a lot, other than a fraternal or charitable organ- ization, shall not inter a body within the bounds of his or her lot unless such body shall be that of a member of his or her immediate .family or of a relative, either by blood or marriage, and no owner of a lot or any part thereof shall sell or convey a burial space in excess of the amount paid therefor when the purchase was made from the city,: SECTION 9. Only one body shall be permitted in a single grave unless the I burial of more than one body therein is approved by the sexton or the employee ' having charge of the cemetery. +� SECTION 10. Upon the death of a lot owner, the only right which shall pass to and vest by inheritance shall be the right of the burial of the decedents relatives. The removal of bodies or of memorials is not included in any right of inheritance. Specific butial directions and privileges may be given by a lot owner and the wishes and intentions of the original owner shall be carried out if such privileges and directions are in writing on the form required and furnished I by the sexton and approved in writing by him. SECTION 11. All deeds of the City of Paducah, and later the deeds under II which a lot owner or a subsequent grantee may convey the original lot or any approved portion thereof, shall be written in duplicate on forms to be furnished i and prepared by the City Clerk of the City of Paducah, Kentucky. One copy of t i deed shall be delivered to the purchaser after its approval by the Board of Corrin- issioners. The other copy shall remain on file in the City Clerks office after 1 its contents are recorded by her in the Oak Grove Cemetery register. In the event the immediate interment of a body should become necessary and the approval of a I deed by the Board at a regular meeting cannot be obtained, the sexton shall have the right to issue a temporary burial permit provided the purchaser of the lot, 1 or of a part thereof, shall agree in writing to accept a deed subject to all of the rules and regulations contained in this ordinance. No transfer of a lot or of any portion thereof shall be valid without the written approval of the sexton and the consent of the Board of Commissioners. The original lot owner, his heirs at law, devisees and assigns, shall accept title to his lot subject to all of the terms and conditions contained in this ordinance and no terms of the transfer of any portion of a lot sEmll change, revise or invalidate the Layout Plan of graves, markers or monuments, or of the plan as shown on the Plat. In the event the title to any lot or part thereof shall be vested jointly in two or more persons, the act or acts of either shall be binding on all of the other jpint owners. Provided, however, if a lot or a part thereof shall be sold or transferred, the execution of a deed 398 by all of the joint pwners, or by their heirs-at-law or devisees, shall be required. Disinterments shall not be allowed except upon the written request of tl nearest relative and the written consent of the sexton. SECTION 12. It shall be the duty of every lot owner, or the owner of a part of a lot, to keep the sexton advised of his or her post office address, and upon the death of the owner, it shall be the duty of his or her heirs-at-law or devisees to file with the City Clerk an affidavit of descent or a copy of the will under which such heirs-at-law or devisees claim title, and to furnish the sexton with a copy of such affidavit of descent or will. The City Clerk shall thereupon file the affidavit, of descent or will with the Board of Commission and make the proper notation upon the Cemetery Register, entering the names of the owners of the burial property as shown in such affidavit or will. SECTION 13. It shall be unlawful for the sexton or any other employee of the City of Paducah, other than the City Treasurer who shall collect all charges for lots and burial services as provided in this ordinance, to accept from the owner of a lot, a relative of a deceased person, or from any person, firm or corporation, any gratuity or payment for any regular or extra service rendered in the maintenanc( of graves, markers or monuments, or in connection with any service rendered in the cemetery. �'�f•s`;'_� SECTION 14. On Lots 1 to 24 inclusive; lots 44 to 134, inclusive• lots 315 to �..r ; . .. 404, inclusive, and on lots 424 to 435, inclusive, in Block No. 6; on lots 1 to 29, inclusive, in Block No. 8; on lots 39 to 53, inclusive, and lots 118 to 140, inclus: in Block No. 9, all individual grave markers of metal, stone or granite shall be placed level with the surrounding ground and only .one monument above the earths surface shall be placed on any one lot or on any multiple of lots bought for or use( one family. SECTION 15. On Lots 25 to 43, inclusive; lots 135 to 314, inclusive; and lots 405 to 423, inclusive in Block No. 6; on lots 1 to 51, inclusive, and single graves "! y Nos. 52 to 148, inclusive, in Block No. 7; on single graves Nos. 30 to 139, inclu- sive, in Block No. 8; on Lots 1 to 38, inclusive; on lots 54 to 117, inclusive; and on single graves nos. 141 to 392 in Block No. 9, only grave markers of metal, stone or granite shall be used. They shall be placed on the lots or on the single graves level with the surrounding ground and no monument shall be placed above �--, the earth's surface on these lots and graves. SECTION 16. It shall be unlawful for any person to open a grave or to place jZcci� l�.iy� 9 or erect any marker at any location except as designated in the Layout Plan, and /JJ,0_t� y/� 9 all graves shall be opened and monuments and markers placed and erected under the supervision of the sexton, the size to be regulated by the sexton according to the size of the burial lot. It shall also be unlawful for any person to remove or disturb in any way any survey stones or lot corner markers placed in the cemetery for the purpose of locating the intersection of streets, walkways, and the corners of lots as shown on the Plat. 0 by 399 SECTION 17. Graves shall not be mounded and must be filled by tamping in alternate dampened layers of earth not to exceed six (6) inches, and the surface of the ground shall be deeded and sodded and left level with the surrounding terrain. The owner of a lot, or the members of his or her family, shall have the right to select the location of the graves of the individual members of such family so long as such graves and the monuments and markers are located and placed as established on the Plat and the Layout Plan/ t,'semorial work, landscaping and planting on any lot shall only be done with the written approval of the sexton or the employee of the city having charge of the cemetery. SECTION 18. All floral designs or other decorations shall be moved from graves as soon as the flowers become wilted or unsightly. Persons wishing to retain t he same should notify the sexton before or at the time of the funeral. SECTION 19. Removal or disinterment of a body shall not be permitted between) May 1st and October 15th of each year, except as may be provided by law. Any re- mpval or disinterment of a body shall only be done with the written permission and under the supervision of the sexton or the employee having charge of the cemetery. SECTION 20. No interments or burials will be allowed unless accompanied by the written order of the sexton. Notice to the sexton shall be given at least eight (8) hours prior to the time fixed for the burial of a body, and such notice must be given by the person holding or entitled to a deed to the lot on which the burial is to take place. SECTION 21. It shall be unlawful for any person to erect or permit to remain pn any lot any upright headstones, curbing or enclosures of stone, concrete, granite, fences or other materials for individual graves, series of graves, or lots. SECTION 22. No person shall place or erect upon a grave or a lot any monument or individual marker unless the same are established and located in accor- dance with the Layout Plan, and no monument or individual marker shall be placed or erected thereon without the written approval of the sexton. ,SECTION 23. In the event of the opening of a grave near a previous interment which causes damage to such adjacent interment by the caving in of earth or from any other cause, the City of Paducah shall not be liable for the payment of such damages. SECTION 24. Planted flowers will be allowed on graves or in beds if approved by the sexton. All planting must be done by and under the supervision of the sexton who shall neither maintain nor guarantee the plants to live nor replace the ones that do not live. No laborers or gardners shall be permitted on the grounds except on the order of the sexton, unless they are employed by the city. Under separate rules and regulations, fees may be paid by the city for such work. SECTION 25. It shall be unlawful for any person to construct, erect or place walks of brick, cinders, stone, concrete, marble, gravel, wood or of other material on any of the lots. 400 SECTION 26. No trinkets, toys, shells, wood, metal or any other objectionable materials shall be allowed on any lot and such articles may be removed by the sexton without notice. Vases for flowers may, in the diwcretion of the sexton, be permitte to be left on and to remain on the lots. SECTION 27. All materials used for monuments and markers shall be of granite, marble, or other high grade quarry stone of recognized standard, or of bronze or I metal, and no such monument or marker shall be erected unless approved by the sexton. SECTION 28, Only one monument shall be erected or placed on any one lot or multiple of lots and it shall cover not in excess of six (6a) percent of the square area of the lot and not in excess of siXty (60;0) percent of the width of the lot. Separate markers may be placed at each grave, the top of which shall be level with the surrounding terrain. As used in this ordinance, the word "monument" shall mean a stone of the f the height thickness of more than twelve inches, o o£ more than twelve (12) inches, and of the width of more than twenty-four (24) inches. With the exception of bronzel or metal plates which may be used as markers and may be of any size, no marker shall be smaller than four inches in any of its dimensions. All markers shall be set leve with the ground in alignment with markers on adjoining graves as may be directed by the sexton. No monument or head stone shall be allowed in any of the single grav sections. SECTION 29, All monuments and markers shall be set on a 1:2:4 concrete founda- tion of not less than twelve inches nor more than twenty-four inches in dep th for markers and of not less than eighteen inches nor more than thirty-six inches in depth for monuments. All such fojndations shall be reinforced or supported by piers if the sexton shall deem such reinforcement or support necessary. Founda- tions shall be constructed so that its edge will extend not less than three (3) inches beyond the ed --Ws of the base of the monument and to an elevation of two inches below the lowest point of surface. This surface or grade of the individual lots shall be determined by the sexton and the elevation of the ground shall not be raised higher than the grade set by the sexton. All foundation work shall be done under the direction of the sexton and subject tp his approval, and separate rules and regulations shall be set up prescribing the fees to be charged and paid into the city treasury. A monument dealer or contractor shall not erect or place a monu- ment on a lot until notified in writing by the sexton that the foundation is ready for the placement of a monument or marker thereon. Unless otherwise stipulated, the cost of constructing a foundation shall be charged to the lot owner, or to the deale: or contractor upon the written consent of such dealer or contractor. All work of hauling, setting up, and placing of monuments shall be done by the dealer or con- tractor but at all times under the supervision and with the approval of the sexton. It shall be unlawful for such work to be done when, in the judgment of the sexton, it shall in any way interfere with the interment of a body or a funeral. service. )ot It shall be unlawful for any person to do any such construction work or to haul or to receive materials in the cemetery on Sunday. If all unsightly or con- struction material shall not be removed before Sunday, it will be removed at the cc of the lot owner, dealer or contractor responsible for such work. SECTION 30, It shall be the duty of the sexton to maintain an accurate recor of the sales of all lots and graves in the cemetery, to approve each sale before it is made, and identify for a purchaser a lot or grave as to its location,to see that all interments are made and monuments and markers are established in accordance wit. the Plat and Layout Plan, and to require of all persons the strict compliance with all of the rules and regulations contained in this ordinance. SECTION 31. Not more than two adjacent single graves shall be sold to one person or one family. SECTION 32. The City Clerk is hereby authorized and empowered for and on behalf of the City of Paducah, to execute and deliver a deed after the sale and conveyance of a lot shall have been approved by the Board of'Commissioners and the purchase price Eherefor has been paid to the City Treasurer. A notation of each and every such sale and conveyance shall be entered by the Clerk on the Cemetery register. Each deed of conveyance executed by the City Clerk shall contain the following provision: - 'But it is expressly understood and agrees by the acceptance of this deed, that the said grantee, his heirs and assigns, shall hold and use said lot or grave as a place for the burial or sepulture of dead persons only, and shall at all times conform to the general rules and regulations embodied in an ordinance adopted by the Commissioners of the City of Paducah, which rules and regulations are, by reference, made a part hereof and are to have the same force and effect as if fully copied herein; and to such other rules as may hereafter be adopted by the ordinances of said city t relating to said Cemetery; and that no sale, assignment or transfer of the said lot or grave by the said grantee, his heirs or assigns shall be valid, except the same shall be done before the Clerk of the Commissioners of said city, after receipt of this deed and approval pf transfer by the Sexton and the Commissioners of said City, and such sale, assignment or transfer be entered upon the Cemetery Register.11 t 401 402 SECTION 33. It shall be unlawful for any person to cause the interment of , body in the aforesaid cemetery without first producing to the sexton the deed of conveyance to the lot or grave on which such burial is to take place, and it shall be the duty of the sexton tp enter a notation on the reverse side of said deed, stating the grave number, date of burial and the name of the person whose body will occupy the grave, and entering said person's name in the appropriate space on the plot plan on the reverse side of said deed, and said sexton shall thereafter i furnish such information to the City Clerk who will make a corresponding notation upon the cemetery records. SECTION 34. The sale price for lots and graves in said addition, as well as the fees for opening and closing graves and for other services rendered by the city in its maintenance of the cemetery, shall be fixed by ordinance. SECTION 35. Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum of not less than ?10.00 nor more than $50.00 for each offense so committed, and each day such offense is committed shall be deemed a separate offense and shall be subject to a separate penalty under the provisions hereof, or the person so offend- ing or so guilty of violating any provision hereof may, in addition to such fine, be imprisoned for not more than fifty (50) days at the discretion of the judge or jury trying the case. SECTION 36. The provisions of this ordinance are separable. If any provision, section, paragraph, sentence or part thereof, shall be held unconstitutional or invalid, such decision shall not affect or impair the remainder of this ordinance, it being the legislative intent to ordain and enact each provision, paragraph, sentence and part thereof separately and independently of each other. SECTION 37. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 38. This ordinance shall be in full force and effect from and after its adoption. Passed by the Board of Commissioners June 12, 1951 Recorded by Sarah Thurman, City Clerk, June 12, 1951.. y