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HomeMy WebLinkAbout2023-06-8781ORDINANCE NO. 2023-06-8781 AN ORDINANCE REPEALING CHAPTER 26, "CEMETERIES", ARTICLES I AND II OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY AND REPLACING THEM IN THEIR ENTIRETY WHEREAS, this Ordinance will repeal and supersede Chapter 26 Cemeteries, Articles I and II of the Code of Ordinances of the City of Paducah, Kentucky in their entirety; and WHEREAS, this Ordinance will replace this Chapter with a new Chapter 26, Article I and II, which will read as described below: NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF PADUCAH AS FOLLOWS: SECTION A. Chapter 26, Article I, In General, and Article II, Oak Grove Cemetery of the Code of Ordinances shall be repealed and replaced in their entirety as follows: ARTICLE I. - IN GENERAL See. 26-1. Designation. The City of Paducah designates approximately 50 acres located at 1613 Park Ave in Paducah, Kentucky for the purpose of the interment of human remains onlyprovided in this Ordinance. This designated land shall be known and called Oak Grove Cemetery and so designated in all certificates to purchasers of lots therein. See 26-2. Definitions. The following words, terms and phrases when used in this article shall have the - meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) Cemetery means any one or combination of more than one of the following in a place used or to be used and dedicated or designated for such purposes: (1) A burial park, for earth interment. (2) A mausoleum, for entombment. (3) A columbarium, for inurnment. (4) A cremation garden, for inurement. b) Remains means the bodies of deceased persons in whatever stage of decomposition and cremated remains. c) Mausoleum means a building or structure substantially exposed above ground used or intended to be used for the entombment of human remains which is sold or offered for sale to the public. d) Columbarium means a structure or building substantially exposed above ground intended to be used for the inurnment of cremated remains and sold or offered for sale to the public. e) Columbarium niche means an inurement space in a columbarium as defined herein. f) Cremation garden means an area of a cemetery set aside especially for cremated remains. g) Scattering area means an area designated for the scattering of cremated remains. h) Grave lot means a space of ground in a cemetery intended to be used for the interment in the ground of the remains of one human being. i) Sepulcher means a place of burial, burial vault, or tomb in which a deceased person is laid or buried. j) Underground crypt means a single unit entombment space in preplaced chambers below ground and also known as a lawn crypt, Westminster turf top mausoleum, or below ground crypt. k) Mausoleum crypt means an entombment space in a mausoleum as defined herein 1) Disinterment means to unearth or remove remains from a grave or tomb m) Interment means to bury a deceased person in a grave or tomb n) Reinterment means to bury again often in a different location than the original burial o) Burial means a ceremony at which a deceased person is buried or interred p) Deed means a document or instrument which conveys a license use and access for sepulcher only, and does not convey a fee interest in the land of the lot q) Monument means a single memorial or marker, that is upright beveled or flush and is made of stone marble or granite that is placed on the head of the grave lot memorializing the deceased located in that specific grave lot r) Companion monument means a double memorial or marker, that is upright beveled or flush and is made of stone marble or granite that is placed on the head at the center of two (2) side by side grave lots, memorializing two (2) deceased located in those specific grave lots. Sec 26-3. Administrative Policv. The Board of Commissioners of the City of Paducah does hereby authorize and charge the City Manager with creating and maintaining policies and procedures for the administration and operations of City -owned cemeteries not inconsistent with this ordinance (KRS 97.530) Sec 26-4. Operations. The Board of Commissioners of the City of Paducah does hereby authorize and charge the Parks and Recreation Department with the operations and maintenance of City -owned cemeteries. Sec 26-5. Schedule of Fees for Cemetery Lots and Mausoleum Crypts The Board of Commissioners hereby authorizes a schedule of fees for the sale of all cemetery lots and mausoleum crypts in City -owned cemeteries in the City of Paducah established and updated by Municipal Order from time to time Sec 26-6. Charges for Cemetery Services. Fees associated with support services provided at the cemetery or by the cemetery staff, shall be created and maintained by municipal order from time to time and be in compliance with this Ordinance. a) Support services include but are not limited to: opening and closing of graves use of the receiving vault and the temporary or permanent relocation of a monument upright or marker. b) There will be a late charge for services concluding after 2.00 p.m. c) There will be additional charges for services requested on weekends d) The charge for replacement, temporary or permanent relocation and resetting of monument, uprights or flat flush or lawn level markers shall be the responsibility of the license holder. All replacements must follow current cemetery guidelines as set b policy. Sec 26-7 Maintenance. a) 30% of income from cemetery grave lot sales shall be placed in a cemetery project account under the Parks and Recreation Department and shall be used specifically for the support of maintenance and upkeep of the cemetery grounds and improvement projects in the cemetery. b) Fees collected from cemetery lease agreements and contracts shall be considered cemetery income and be placed in a cemetery fund under the Parks and Recreation Department and shall be used specifically for the support of maintenance and upkeep of the cemetery grounds and improvement projects in the cemetery. Sec 26-8. Protection of Burial Grounds. Whenever any burial grounds lie within the corporate limits of a city, the aovernin authorities of the city shall protect the burial grounds from being used for dumping grounds building sites, playgrounds, places of entertainment and amusement public parks athletic fields parking grounds, or any other use which may result in the burial grounds being damages or destroyed. The activitv will not be considered "entertainment or amusement' if it serves a historical or educational purpose. (KRS 381.690 and 381.697) See 26-9, Interment. a) All interments in the cemetery shall be contained in a concrete or steel vault for remains or a cremains container or box for cremated remains. b) Interment of remains of a person affected by infectious diseases shall be conducted strictly in accordance with Kentucky law. c) Site prep and final prep will be completed by contractual agreement and updated by municipal order from time to time. d) One burial vault may be interred for each grave lot and up to two cremated remains containers per grave lot. (KRS 213.076) See 26-10 Disinterment and Reinterment. a) Disinterment is regulated by Kentucky law. b) Authorization for disinterment, transportation and reinterment or other disposition shall be required prior to disinterment of any human remains and shall be issued by the state registrar upon proper application. c) In an instance where the city is informed of or becomes aware that it has im rp operly interred or has allowed to be improperly interred a body or cremated remains including but not limited to interment in the wrong space the burial container shall be disinterred and properly reinterred. d) In an instance where the city is informed of or becomes aware of an improper interment in the cemetery, the cit shall reasonable notice to the next of kin informing them of the improper interment. The city shall file an application for disinterment to a licensed funeral director and local registration official for authorization. Once authorized the city shall make necessary arrangements to execute the disinterment. e) The charges associated with disinter and reinter, at the request of the city, will be the responsibility of the city. f) Any person requesting disinterment shall complete an application and file with the City. Applications for disinterment will be submitted to a licensed funeral director and the local registration official for authorization. Once authorized, the city shall make necessary arrangements to execute disinterment. g) The charges associated with disinter and reinter conducted at the request of the next of kin, will be the responsibility of the requester. (KRS 307.300; KRS 213.076) See 26-11. Certificate of Death. Inter or Interment of a dead body or fetus is not permitted in the cemetery unless it is accompanied by a copy of the provisional certificate of death. The cemetery staff person in charge, or if not present, the funeral director, shall enter on the provisional certificate over his signature the date, place, and manner of the final disposition and file the certificate within five (5) days with the local registrar. (KRS 213.076) Sec 26-12. Removal of Grave or Cemetery. a) Upon application of the city pon which is located an abandoned grave or cemetery, or when it is deemed in the best interest of the city to remove and relocate any suchrag ve or cemetery, the court may issue an order or resolution authorizing removal and relocation. b) Any grave or cemetery removed shall be relocated in a suitable place at the expense of the city requesting such removal and relocation. c) A grave or cemetery shall be considered abandoned when left untended for a period of ten (10) years preceding the date of the resolution for removal and relocation of the grave or cemetery. Sections 26-13 — 26-22. — Reserved. ARTICLE II. OAK GROVE CEMETERY. Sec 26-23. Operations. a) Oak Grove Cemetery perations shall be divided into two programs as follows: (1) Administration — Cemetery administration shall manage all customer relations including but not limited to sale of grave lots requests for deeds scheduling burials with funeral homes, burial records maintenance of all records including but not limited to cemetery maps. (2) Maintenance — Cemetery maintenance shall perform day to day maintenance operations of the cemetery, including but not limited to cemetery upkeep grounds maintenance, monument and stone repair, pre -burial and post -burial maintenance building maintenance etc Maintenance staff will be present at every interment and disinterment, and shall have general control of the improvement of the premises. (b) Cemetery maps with additions shall be kept on file at the Parks and Recreation offices and are adopted and hereby declared the official maps of the cemetery, including grave lots therein, showing avenues, walkways lots with numbers thereof, and shall cause the boundaries of lots avenues and walkways to be preserved and will be managed by the administrative staff. (c) Cremation Gardens and grounds are managed and operated under a contract with a local vendor and are updated by Municipal Order from time to time (d) The Parks and Recreation Director is authorized to temporarily adjust or suspend park rules as required to serve public safety and/or logistics (e) The Parks and Recreation Director is hereby authorized to adopt additional rules specific to the cemetery. Rules shall be updated and posted on the City's website Sec 26-24. Rules for Conduct for Cemetery Grounds. In addition to posted rules on site: a) Alcohol is not permitted on the grounds. b) Soliciting or sale of material is not permitted. c) Parking is not permitted in areas that are not marked roadway d) Obey posted hours of operation. e) Dogs Cats and other animals are not permitted on the grounds unless contained inside a vehicle, with exception to licensed service animals f) Place all trash in waste receptacles. g) Disturbance of any grave site or place of burial is prohibited h) Removal of defacing or destruction of any upright monuments flat flush or lawn level markers, tomb, vault, mausoleum, or decoration on any cemetery lot that is not conducted as part of maintenance of the grounds by the city is prohibited i) Obey all rules and regulations as specified in posted guidelines j) The Parks and Recreation Director is hereby authorized to adopt additional rules s ecific to the cemetery as deemed appropriate. Rules shall be updated by administrative policy, Sec 26-25. Vehicles and Parking. a) All traffic shall operate and/or park only in designated parking areas and marked roadways. b) It shall be unlawful for any person to operate any motor vehicle in excess of 5 miles per hour in the cemetery. See 26-26. Hours of Operation. a) The cemeterypen to the public Sunday - Saturday from 8:00 am — dark b) Burials services, mausoleum services, and memorial services shall be scheduled in advance by contacting the Parks and Recreation Department and may occur Monday through Friday between 8:00 am and 2:00 Rm. c) The City shall not provide services on recognized holidays as follows (1) New Year's Day (2) Martin Luther King Day (3) President's DU (4) Good Friday (5) Easter (6) Mother's Dav (7) Memorial Day (8) Father's Day (9) Juneteenth (10) Independence Day (11) Labor DU (12) Columbus Day (13) Halloween (14) Election Day (15) Veterans Day (16) Thanksgiving Day (17) Day after Thanksgiving (18) Christmas Eve (19) Christmas Day (20) New Year's Eve d) The City shall not provide services on the First Saturday in December due to the Cites Annual Christmas Parade. e) Services requested on Saturdays or after operating hours shall incur additional charges in the amount established by municipal order. Sec 26-27. Funeral Burial Services. a) Funeral homes and services shall be responsible for following cemetery rules and guidelines and serving as the liaison between the next of kin or family and Parks and Recreation staff. b) Cremation services held at the crematorium shall be the responsibility of the Cremation Society of Paducah, under contract with the city. c) Burial preparation service charges are charged by the cemetery at the time of the grave lot purchase or by the funeral home at the time of service planning and are at the amount set by the contractor providing the services. d) Burial preparation and closing services are performed under a contract with the City and is updated by Municipal Order from time to time. e) Funeral homes shall provide next of kin information to the cemetery at the time of grave lot purchase for the purposes of keeping updated records of license to the lot Sec 26-28. Interference with a Funeral. a) A person who interferes with a funeral at any point in time between one (1) hourrip for to the commencement and one (1) hour following its conclusion has committed a Class B misdemeanor. b) Interference with a funeral includes but is not limited to blocking impeding inhibiting or in any other manner obstructing or interfering with access into or from any burial >l lot or the parking lot of the cemetery in which a funeral wake memorial service or burial is being conducted. MRS 525.155) See 26-29. Inclement Weather. a) Funeral and burial services may not be conducted when local forecasters have issued a severe weather event notification for an area that includes the City of Paducah b) When inclement weather impacts the grounds and areas surrounding the burial site burial services may be postponed at the discretion of the Parks Maintenance staff. c) If during the course of a burial service in progress the weather conditions listed above become present City staff present shall be authorized to halt proceedings and assist attendees in seeking shelter until the weather clears d) In the case of severe inclement weather or unsafe conditions the Parks and Recreation Director is hereby authorized to close the cemetery without notice or warning Sec 26-30, Monuments, Uprights, and Flat, Flush, or Lawn Level Markers a) Monuments, uprights, and flat, flush, or lawn level markers shall be made ofrg ante marble, or bronze, with the exception of standard government markers No substandard grade of material shall be permitted b) Monument companies shall notify and get approval from the Parks and Recreation Department prior to installing any monument upright or marker on a lot or part of a lot in the cemetery. c) One monument, upright, or flat, flush or lawn level marker may be put in place on each grave lot at the head of the grave as determined by the city. Monument upright or flat flush, or lawn level marker foundation should not exceed the width of the lot d) On adjoining lots, licensed by the same owner, one double monument upright or marker may be put in place for both grave lots, or each lot may have one monument upright, t or marker put in place. The foundation of the monument or marker shall not exceed the width lot(s). e) Each grave lot may have one monument, upright or flat flush or lawn level marker placed at the head of the grave lot. Each grave lot may also have a lawn level footstone marker placed at the foot of the grave lot. f) Monument companies shall put in place monuments uprights or flat flush or lawn level markers according to the rules and guidelines for the cemetery. g) Benches of any kind in the cemetery shall not be permitted Benches presently located in the cemetery are exempt until such time it is determined replacement is desired or needed. Replacement shall comply with existing guidelines for the cemetery. h) The Parks and Recreation Director is hereby authorized to adopt additional rules specific to the setting and placement of monuments uprights and flat flush or lawn level markers. Sec 26-31. Grave Lot Decorations, Planting of Trees, and Other Living Flora. a) Decorations shall comply with rules and regulations as set by the Parks and Recreation Director. b) The city shall remove all decorations that do not comply with cemetery rules and regulations upon discovery. c) The city shall perform cemetery clean up of all decorations that do not comply cemetery rules and regulations, or have been determined by the city to be unsightly, two times per year. d) Plantings, of any kind, in the cemetery shall not be permitted, except in areas designated by the city to improve storm water management memorial gardens and tree canopy. e) Living memorials presently located in the cemetery are exempt until such time it is determined by the city to be unsightly or dangerous, at which time those plantings will be removed without replacement. f) Privately contracted maintenance of lots shall be permitted but must be approved by Parks and Recreation staff. g) The Parks and Recreation Director is hereby authorized to adopt additional rules specific to decorations for grave lots in the cemetery. Sec 26-32. Improvement to Cemetery Lots. a) All improvement of cemetery lots shall be limited to the installation of monuments, uprights, flat, flush, or lawn level markers and shall require the approval of the Parks and Recreation Director or designees, prior to installation. Improvements shall be made of granite, marble, or bronze as provided hereinbelow. b) Landscaping, plantings, and other permanent or temporary hardscape is not permitted on burial sites and will be removed by cemetery staff upon discovery. c) Landscape maintenance and improvements shall be regulated and determined by cemetery staff for the pumose of aesthetics to the cemetery grounds This includes but is not limited to tree removal, tree plantings, shrub removal and maintenance shrub plantings annual and perineal plantings landscaped beds removal and replacement of planters, etc. d) Parks and Recreation staff shall have the authority to remove without notice any tree shrub, or planting which has become detrimental dangerous or encroaching to adiacent grave lots, walkways, drives, or roadways. Sec 26-33. Damage to Cemetery Lots. The City of Paducah shall not be responsible for deterioration or damage to cemetery lots, monuments urights, flat flush or lawn level markers or any other permitted decoration with the exception of any damage caused by cemetery upkeep which shall be documented by cemetery staff and repaired by the City. Other repairs required due to damages to improvements shall be the responsibilityof person named on the licensed deed. Sec 26-34. Refund of Purchase Price When Body Removed. When a body interred in the cemetery under the single -grave privilege is removed from such grave privilege, and the purchase thereof tenders the ground back to the City, the City shall refund the original purchase price thereof, to such purchaser, or the purchaser's lawful representative. Sec 26-35. Purchase, Sale or Transfer of Cemetery Lots. a) Upon the purchase of a lot in the cemetery, a deed will be issued to the purchaser of the lot and filed with the City Clerk's office. b) The City Clerk shall be empowered to prepare and execute on behalf of the City all deeds conveying interest for sepulcher in cemetery lots in all cemeteries owned and operated by the City. Deeds prepared by the City Clerk shall be effective upon the City Clerk si ng ing said deeds on behalf of the City and without review or approval by the Office of the Cid Manager and the City Commission. Such deeds shall convey license to use and access for sepulcher only and shall not be interpreted to convey a fee interest in the land c) No person shall purchase, have, hold or own any license for use or access to a lot or p of a lot in the cemetery for the purpose of resale speculation or sale of single grave places, or sell or transfer any lot or part of a lot in the cemetery to another person d) No owner of a license for use or access to a lot in the cemetery or any part thereof shall sell or convey a grave space for any sum. e) No person shall bury or suffer or permit any person to be buried on any lot or part of a lot in the cemetery owned or held by such person for a valuable consideration f) Transfer of a license for use or access to any lot or part of a lot in the cemetery to an heir or other designee must be requested and approved by the Parks and Recreation Department prior to the transfer of lot or part of a lot All transfers must be recorded with the Parks and Recreation Department License for use or access to an lot or part of a lot in the cemetery that is not able to be transferred to an heir or other designee may be tendered back to the city for a refund of the original purchase price of the lot g) In the instance where a previously sold grave lot in the cemetery is unused and no record of living heirs exists Parks staff may file an action in the local Circuit Court requesting that the burial rights in the unused portion of the lot(s) in question be deemed abandoned and that the cemetery be authorized to sell the rights upon entry of the court's judgment The defendants in the action shall be the unknown heirs of the original owner of the burial rights in the lots in question. h) Judgment declaring burial rights be abandoned shall not occur if an owner or heir of the cemetery lot in question has filed a written statement with the cemetery directing that certain grave spaces not be used. (KRS 381.715) Sec. 26-36. Penalties. Whoever violates any provision of this article for which another penalty is not already otherwise provided shall be guilty of a misdemeanor and shall upon conviction be subject to a fine of not more than $55.00, or imprisonment for not more than thirty (30) days or both for each offense. Sections 26-37 — 26-99 Reserved. SECTION B. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION C. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION D. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION E. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to K Chapter 424. George Bray, Mayor ATTEST_: CL Lindsay Parish, C1 y Clerk Introduced by the Board of Commissioners, June 13, 2023 Adopted by the Board of Commissioners, June 27, 2023 Recorded by the City Clerk, June 27, 2023 Published by The Paducah Sun, July 4, 2023 Ord/ 26-1 to 26-36 Cemeteries 2023