The cemetery grounds conveyed to the city by the Osborne Cemetery Association shall hereafter be known as the Osborne City Cemetery, and when the word “cemetery” is hereafter used in this chapter it shall mean the Osborne City Cemetery.

(Code 1959, 6-101)

The general care and supervision of the grounds of the cemetery shall be under the charge and control of a committee of two members of the city council who shall be appointed annually by the mayor.

(Code 1959, 6-102; Code 2008)

It shall be unlawful for any person to inter or cause to interred in the Osborne city cemetery any human body without having first obtained a burial permit from the city clerk. The permit fee shall be the sum of $200.00 for each adult burial; $75.00 for each infant burial; and $50.00 for cremated remains burial, which fee shall include the cost of opening and closing each grave.

(Ord. 827; Code 2008; Ord. 976)

The city clerk shall be ex officio secretary of the Osborne city cemetery and shall have the sale of all burial plots therein and shall sell the burial plots for cash for the sum of $100.00 per burial plot, a burial plot as the same is designated herein being four feet by 10 feet (4’ x 10’) in size, the necessary space for the burial of one body. The city clerk shall collect all money arising from the sale of burial plots at the time of the sale and pay the same to the city treasurer as received, taking a receipt therefor. Before issuing burial or disinterment permits, the city clerk shall require such information as is required by the laws of Kansas and the ordinances, rules and regulations of the city.

(Code 1959, 6-105; Code 2008; Ord. 976)

The proceeds in the amount of $100.00 derived from the sale of each burial plot shall be distributed as follows: $75.00 of the sum shall go into and become a part of the general cemetery fund and the remaining $25.00 of the sum shall be paid into a separate fund which shall be and constitute a perpetual care fund set up by the city treasurer. No part or portion of the principal of such fund shall ever be used, but such fund shall be invested in safe interest-bearing securities, as the mayor and council shall select, as provided by law, and the interest and income only shall be used and expended for the purpose of beautifying, repairing and keeping in order the Osborne city cemetery and the burial plots and lots of the cemetery and the governing body shall have the right and it shall be the duty of the governing body to expend the interest and income from such fund in accordance with the intent of this article, and shall use such interest and income from such fund only for the purpose of beautifying, repairing and keeping in order the burial plots, lots, drives and alleys of the cemetery.

(Ord. 853; Code 2008; Ord. 976)

The perpetual care fund will be administered as provided by K.S.A. 17-1311:1312.

(Code 1986)

No person now owning or hereinafter owning a lot or part of a lot in the cemetery shall convey, transfer or devise the same to any other party or person without the written consent of the city first obtained, and any such conveyance or devices without such written consent shall be void and of no effect. Where two or more persons own a lot or a part of a lot jointly, the cemetery committee, upon application in writing, may allow a transfer from any of the joint owners to another joint owner, any heir receiving title to a lot by descent shall have the same rights to its use as the original owner of the lot. Any owner of a lot or part of a lot shall have the right to give permission by written order filed with the city clerk for the interment of the remains of others than his or her own immediate family in his or her lot or portion of a lot but not for money or other consideration or profit.

(Code 1959, 6-109)

No fence, railing, stone or other coping shall be placed above the level of the ground around any lot, part of lot or grave. Only granite cornerstones may be used which must be set level with the surface of the ground.

(Code 1959, 6-110)

It shall be unlawful for any person, firm or corporation to place, construct or set any grave marker or monument, or the foundation therefor, in the cemetery without first having obtained a foundation permit therefor from the city clerk, and having such foundation approved by the caretaker or committee before any monument or marker or other structure is placed thereon. The charge for such permit, which shall be paid for before being issued, shall be $5.00 for any stone.

(Code 1959, 6-111; Code 1986)

All foundations for monuments and markers must be four inches longer and four inches wider than the base of the monument or marker and shall be constructed of concrete in the mixture of one part of Portland cement to four parts of good, clean, sharp river sand, thoroughly mixed in a mortar box of sufficient size to insure proper mixing. In the lower portion of the foundation, use can be made of hard and durable rock (no soft limestone permitted), no single rock being larger than one cubic foot, laid in layers similar to the rubble masonry, with a two inch joint of mortar of the specified mix between all rocks and layers, so as to insure a perfect bond. But the top four inches of the foundation must be constructed out of sand and cement in the proportions as stated above, top to be finished smoothly with a trowel and form boards used. All foundations shall be built no higher than the level of the ground on the high side. All memorials shall be set in the center of such foundations. All markers, either single or double, when not exceeding a height of 18 inches, shall be set on a foundation not less than 18 inches in depth. All monuments or markers more than 18 inches in height and not more than 36 inches in height shall be set on a foundation not less than 24 inches in depth. The depth of the foundation for monuments exceeding three feet in height shall be increased at least six inches for each additional foot or fraction thereof in height. When foundations are constructed in close proximity to or partially over the edge of a grave, the foundation shall be extended on over the grave, bridging the grave, but the top of the extended portion shall be one foot below the level of the ground so as not to interfere with the future growing of grass. The person constructing any such foundation shall properly replace the sod over the bridged portion of such foundation. All foundation work shall be done when the ground is free from frost and not during freezing weather.

(Code 1959, 6-112)

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 cemetery committee shall have power to have such stones and work changed so as to conform to this regulation, and the cost and expense thereof shall be charged to and collected from the dealer erecting the work. Any person, firm or corporation who fails, neglects or refuses to comply with this or any other provisions of this article may be refused permission by the cemetery committee to place any more work in the cemetery. Any person, firm or corporation failing or refusing to correct any defective work done by any such person, firm or corporation in the cemetery, or who shall refuse to pay the expenses incurred by the cemetery committee in correcting defective work shall be debarred from doing any work or placing any stones in the cemetery until all of the regulations of this article shall have been complied with and all expenses paid.

(Code 1959, 6-113)

All materials and monuments must be unloaded from the nearest street or alley and the lots properly planked and protected from all 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.

(Code 1959, 6-114)

No heavy teaming or trucking will be allowed in the cemetery during wet weather, except for funeral purposes, and no vehicle shall exceed a speed of 15 miles per hour, nor shall any vehicle be driven in the cemetery except on the streets and alleys.

(Code 1959, 6-115)

No monument, vault, tomb, effigy or any structure whatever, nor any inscription thereon, which shall be determined by the governing body to be improper, shall be placed in or upon any lot.

(Code 1959, 6-118; Code 2008)

If any vault, tomb, mausoleum, sarcophagus, columbarium or similar structure erected in and upon any lot shall become dilapidated or decayed, and the structure shall be determined by the cemetery committee to be offensive, dangerous or detrimental to the general appearance of the grounds, the caretaker shall have the right and it shall be his or her duty to cause such dilapidated structure to be removed and the bodies therein, if any, to be interred on the lot and lot graded and improved to correspond with the surrounding grounds, making a reasonable charge therefor.

(Code 1959, 6-119)

Workmen must suspend labor if in the immediate vicinity of an interment until the conclusion of the service.

(Code 1959, 6-120)

Only human bodies and the cremated remains of human bodies shall be interred in the cemetery. All bodies or cremated remains interred in the cemetery shall be enclosed in a metal, stone or cement burial vault or container and the top of such burial vault or container must be at least three feet below the surface of the ground. No grave shall hereafter be covered with anything except marble or granite or dirt and sod. Funerals shall be so arranged as to give the caretaker sufficient time to close the grave before dark.

(Code 1959, 6-122; Code 1986)

Paper boxes or withered flowers or other waste must not be deposited on the roadways, gutters, walks, or lots, but must be removed from the grounds or deposited in receptacles provided for the purpose. Signs, notice or advertisements of contractors, stone cutters, funeral directors or any other persons will not be permitted on the cemetery grounds.

(Code 1959, 6-123)

It shall be unlawful for any person willfully to make any unnecessary noise or disturbance, or cut down, deface or injure any tomb, monument, fence, railing, tree, shrub or other property of the cemetery.

(Code 1959, 6-124)

The police power of the city is hereby extended to and over the cemetery.

(Code 1959, 6-125)

In all matters, except such as are herein specifically provided for, the cemetery shall be governed and controlled by rules and regulations made by the cemetery committee and approved by the mayor and council, which rules and regulations may be at any time changed, amended or repealed by a majority vote of the council and approval thereof by the mayor.

(Code 1959, 6-126)