The cemetery grounds of the City of Ellis shall be known as the Mount Hope Cemetery. When the word Cemetery is hereafter used in this article, it shall mean the Mount Hope Cemetery.
(Code 2009)
The supervision and management of the Cemetery shall be under the direction and control of the governing body of the City of Ellis. The governing body shall have full power and authority to make all rules and regulations and to set all fees necessary and proper respecting the Cemetery as provided by law, which guidelines may at any time be changed, amended or repealed by a majority vote of the governing body. It shall be the duty of the governing body to have surveyed and plotted from time to time such portions of said Cemetery as necessity requires. Further, until such time as spaces have been sold in any section, the governing body shall have the power and authority to change the survey and plotting of said section.
(Code 2009)
The City Clerk shall, by virtue of his or her office, be the Secretary of the Cemetery. He or she shall be the custodian of the Cemetery records and transactions respecting the sale of any grave spaces. Monies received from the sale of Cemetery grave spaces, interment permits and all other Cemetery fees shall be deposited into the City’s general fund. He or she shall ensure that an accurate record is kept of the location of the graves on Cemetery maps and in a book to be furnished for that purpose.
(Code 2009)
It shall be the duty of the mayor, with the consent of the governing body, to appoint a Sexton of the Cemetery. The Sexton shall be charged with the superintending and directing of all improvements in the Cemetery, such as grading, planting, laying out avenues, trimming the plants and trees, and keeping the grounds, lots and avenues in well groomed condition. The Sexton shall have general and immediate control and supervision of all excavating and closing for graves or removal of bodies when requested by any person authorized in this article. He or she shall generally supervise and direct the building of all foundations, vaults, tombs and monuments and shall cause to be constructed the foundation of sufficient size, depths and proper footings and reinforcement to cause footings and bases to last indefinitely. No construction work of any kind on any interment areas, no curbing or built up lots or planting of trees or shrubbery shall be allowed without supervision of the Sexton. He or she shall see that all monuments and cornerstones on lots are set in the proper places and set properly. He or she shall have general charge of all tools and implements belonging to the Cemetery.
(Code 2009)
All owners of grave spaces, and all persons who may be upon the premises of the Cemetery for any reason, shall be subject to said rules and regulations and amendments or alterations thereto as shall be adopted from time to time by the governing body.
(Code 2009)
It is to be remembered that the Cemetery is sacredly devoted to the interment of the dead and proper decorum within and near the Cemetery shall be mandatory of all individuals at all times. It shall be unlawful for any person willfully to make any unnecessary noise or disturbance in the Cemetery. No obscene language or loud or profane conversations shall be allowed within the boundaries of the Cemetery. No improprieties shall be allowed and the Sexton shall have power to prevent improper assemblages or actions. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
The Cemetery shall be open for visitation between sunrise until one (1) hour after sunset. It shall be unlawful for any person to enter the Cemetery or to drive any motor vehicle or park the same in the Cemetery from one (1) hour after sunset until sunrise. Any person upon the premises in violation of these hours shall be guilty of criminal trespass, provided, however, authorized City personnel may enter the Cemetery during otherwise prohibited hours in the normal course of their assigned duties. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
No person shall enter or leave the Cemetery except at the gates thereof. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
No child shall be permitted within the Cemetery unless accompanied by and in the control of an adult. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
Driving vehicles on any part of the Cemetery other than that laid out for roadways is hereby prohibited, except as is required by City personnel, funeral homes, and monument companies to maintain the Cemetery, prepare for services, and install monuments. The City reserves to itself, and to those lawfully entitled thereto, a perpetual right of ingress and egress over grave space for the purpose of passage to and from other grave spaces. The speed limit in all areas of the Cemetery shall not exceed 10 miles per hour (10 mph). Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
No animals shall be allowed within the Cemetery unless they are essential to the conduction of a funeral service or interment. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
The cost of grave spaces, interment permits, monument setting permits, grave openings, exhumations and any other fee associated with the operation of the Cemetery shall be set by resolution of the governing body as needed.
(Code 2009)
Upon the payment to the City Clerk of the purchase price of any grave space or spaces, there shall be issued to such purchaser a certificate under the seal of the city, which shall be signed by the mayor and countersigned by the City Clerk. Such certificates so signed and sealed shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such grave space or spaces for the sole purpose of human interment, under the regulations of this article. No Cemetery certificate shall be issued for any grave space or spaces until the full purchase price shall have been paid. Sale of Cemetery walkways is prohibited without consent of the governing body and shall be made only to allow a person to be interred next to existing family burials. It shall be the duty of the owner of grave space or spaces in the Cemetery to notify the City Clerk of any change in his or her post office address. Notice sent to the grave space(s) owner at the last address on file in the City Clerk’s office shall be considered sufficient and proper legal notification.
(Code 2009)
The governing body may limit the number of grave spaces which may be owned by the same person at the same time. Upon the death of the owner of grave spaces then control of only the vacant grave spaces portion shall pass to the heirs of the owner. Ownership of a grave space shall be required before an interment is permitted or request for exhumation of a body is considered. Ownership may be demonstrated by a certificate of purchase of the space or spaces or a court order establishing heirship of a deceased owner.
(Code 2009)
Any owner of a space or spaces may give permission in writing filed with the City Clerk for the interment of anyone other than his or her own immediate family, in his or her grave space or spaces, but not for money or other consideration. The City Clerk shall keep said affidavit for such interment on file with the official Cemetery burial records.
(Code 2009)
Any grave space or spaces may be repurchased by the City of Ellis for 100% of the original purchase price of each of the space or spaces being repurchased.
(Code 2009)
Any person desiring to provide for the perpetual care of a lot or lots in the cemetery may pay to the City a sum of money not less than $50.00 or any multiple thereof, which sum shall be invested by the City as provided by law and the income thereof, expended in beautifying, repairing and keeping in order any designated lot or parcel of land in the cemetery; and which shall be known as the Perpetual Care Fund for the perpetual care of lots in the cemetery; provided that in no case shall any of the funds be depleted or lessened and nothing but the earnings, as accumulated annually shall be expended for any purpose whatsoever, except as specified above. The City Clerk shall be custodian of the perpetual care fund and investment, and shall give bond for double the amount of any Perpetual Care Fund on hand when he or she takes the official oath of office. The Perpetual Care Fund shall, from time to time, be invested in keeping with the provisions of Chapter 1 of the Code. All earnings of the funds shall be used for the care and upkeep of the cemetery lots in the cemetery. Upon the purchase a cemetery lot(s), Twenty Five (25%) of the proceeds of each sale of all cemetery lots in Mount Hope Cemetery shall be placed in the Perpetual Care Fund.
(Code 2009)
The City Clerk shall keep a record of the interment permits issued under the provisions of this article. No interment permit shall be issued until the following information is furnished: Name and address of grave space owner; legal description of grave space in which interment is to be made; name, sex, race, birth date, and death date of person to be interred (and in the case of infants under the age of ten years, the name of one or both parents); name of person applying for permit and his or her relationship to the deceased; name of mortician in charge of remains; type of interment (adult, infant, cremation, or scattering); exterior measurements of vault or urn; date of the interment; and, other such information as may be required by the City. At the time of issuance of the interment permit, the City Clerk shall calculate all fees for interment and make the necessary arrangements to bill for such fees no later than thirty (30) days following the date of interment.
(Code 2009)
Whenever an interment is contemplated, timely notice thereof shall be given to the City Clerk. No interment may be commenced without first obtaining an interment permit from the City Clerk. Interment services shall be scheduled by 12:00 p.m. the previous working day. There will be no interment service scheduled on the Saturday immediately following a City scheduled holiday if said holiday falls on a Friday. Every effort shall be made to schedule the start of an interment service prior to 3:00 p.m. on a business day. No interment shall be scheduled prior to 9:00 a.m. on a business day, except on Mondays, when services shall begin no earlier than 10:00 a.m. No interment service shall take place on Saturday after 12:00 noon, Sundays or holidays, except at a time of emergency, catastrophe, disaster or epidemic, or when immediate interment shall be required by public authorities, or when special permission is granted in writing by the City in cases where it may be expedient for the personal convenience of the family or persons in charge of the interment. In the event of an emergency service, the City will make every effort to accommodate the service, with the addition of all applicable extra fees. To avoid confusion, interments must be at least one hour apart. When the instructions from the space owner or his agent regarding the location of an interment space cannot be obtained, or are indefinite, or for any reason the interment space cannot be opened where specified, the Cemetery may, at its discretion, open it in such location as it deems best and proper, so as not to delay the funeral; and the Cemetery shall not be liable for damages on any error so made.
(Code 2009)
No person except those authorized by the Sexton shall do any digging or excavating for graves. All cremation graves will be made a minimum of four (4) inches wider than both of the exterior dimensions of the urn vault. All graves shall be located at least eighteen (18) inches within the center boundary of the space and centered between the side boundaries of the space. All Size A (adult) shall be at least six (6) feet in depth and Size B (infant) graves shall be at least four (4) feet in depth. All cremations shall be at least two
(2) feet in depth. In the case of a cremation interment in a columbarium, the temporary faceplate of the columbarium niche to be used shall be removed not more than two (2) hours prior to the interment services.
(Code 2009)
In every earth interment, the casket shall be enclosed in a minimum type, two-piece vault or box constructed of concrete, steel or fiberglass. The use of wooden boxes is prohibited. Cremation urns must be interred in a concrete, steel or fiberglass urn box.
(Code 2009; Ord. 1359; Code 2022)
It shall be unlawful to bury any deceased human body within the corporate limits of the City except it be in the Cemetery, or Saint Mary’s Cemetery. Only human bodies shall be interred in the Cemetery. In the regular Cemetery grounds: only one (1) Size A (adult) burial shall be permitted on each grave space, except that one (1) Size A (adult) interment and one (1) cremation may be made on one (1) grave space; two (2) Size B (infant) interments may be made on one (1) grave space; or, two (2) cremations shall be allowed on one (1) space. Only two (2) cremation urns will be allowed per 12” x 12” 12” columbarium niche. In the Baby Island, only one (1) Size B (infant) burial shall be permitted on each grave space.
(Code 2009)
Any person desiring to reopen any grave in the Cemetery to disinter or remove a body therefrom shall first obtain a release form from the City Clerk and upon proper application, proof of authority, and payment in advance of all the associated fees required shall be authorized to do so. The release form shall set forth the name of the person interred, the person or persons requesting disinterment, the place where the remains are to be re-interred and such other information as may be required by the City and the signatures of the persons requesting the disinterment thereon shall be verified. An order of the district court for the exhumation of the remains of a deceased person shall be of sufficient application for a release hereunder, and in such case the cost of such exhumation shall be a claim against the county commissioners as provided by law. When the applicant proposes a re-interment in another space in the Cemetery, a service charge shall be paid in the amount required for an original interment, in addition to the disinterment fee. The reopening of such grave and removal of such remains shall be under the supervision of the Sexton. Any monuments and other permanent decorations designating the location of an interment shall be removed at the time of disinterment, at the expense of the person or persons requesting the disinterment. All disinterments shall follow the same scheduling guidelines as interment services, but shall not occur on Saturdays and Sundays.
(Code 2009)
A portion of the Cemetery shall be set apart for the burial of the poor, which portions shall be known as “Potter’s Field”. A minimum burial including a marker showing the name, dates of birth and death, sex and race shall be provided for those without family and poverty stricken, from whatever public funds are available at the time.
(Code 2009)
All closing of grave spaces shall be complete as soon as possible after the conclusion of the interment services. The first one and one-half (1 ½) feet above the coffin shall be filled with sand and the remainder shall be filled with dirt. The dirt shall be tamped until the grave space is level with the grade of the surrounding grounds. Settled graves shall be corrected immediately upon detection. The Sexton shall cause native grass seed to be planted within ninety (90) days after the grave closing, or as soon as the season allows, and the new grave shall be tended as needed until the new grass is established. The temporary face-plate for a columbarium niche shall be attached immediately after the conclusion of the interment services. The permanent face plate shall be attached within thirty (30) days after interment.
(Code 2009)
It shall be unlawful for any person without authority of the relatives of the deceased or the Sexton to willfully or maliciously to destroy, disturb, remove or attempt to remove any tree, shrub, monument, or other thing placed in the Cemetery, for ornament or otherwise, or in any way to molest or disturb any grave or the improvements placed on the grave space where any interment is located, or with like intent to destroy, disturb or remove any fence by which the Cemetery is enclosed, provided that the Sexton may remove any ornament or other thing placed in the Cemetery if such is an impediment to the maintenance and operation in the Cemetery. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
It is not the intention of the governing body to interfere with the taste of individuals in regard to the style of their monuments and decoration, but in justice to all concerned, the governing body reserves the right to prevent the placing of any structures or objects which shall be deemed injurious to the grounds or general good appearance of the Cemetery. The following rules shall be observed with regard to the decoration of Cemetery grave spaces:
(a) All retaining walls, copings, fences, curbs, structures of stone, brick, cement, wood, or other equally perishable material are prohibited. These structures or enclosures established on any lot previous to the adoption of this ordinance, which have, in the judgment of the Sexton, become unsightly by reason of neglect or age shall be removed. The owner of the lot will be given notice, if possible, to repair such improvements; and if he/she does not proceed with the repair within a reasonable time, the Sexton will proceed with the removal.
(b) No elevated mounds shall be built over a grave space above the grade established by the City.
(c) Toys, boxes, banners, balloons, alcoholic or non-alcoholic beverage containers meant as decorations, shells, objects made of glass, wood, tin, porcelain or clay, baskets, and unapproved containers will not be permitted as long-term grave decoration; and when used, they will be removed without notice.
(d) No plantings of any sort shall be made on a grave space. Existing plantings may be removed without notice whenever they become unsightly, diseased, or dangerous, interfere with cemetery maintenance, or encroach upon an adjoining space or walkway.
(e) Flowers, wreaths, and other temporary decorations will be permitted during the grass-mowing season (April 1 until October 31) provided they must be placed in an approved permanent receptacle or hung from an approved permanently mounted shepherds hook which shall not exceed forty-eight (48) inches in height on regular grave spaces or twelve (12) inches in height on Baby Island grave spaces.
(f) From November 1 through April 1, artificial and fresh flowers, wreaths, and other temporary decorations are permitted and shall be placed within six (6) inches of the memorial marker and secured in a manner that they will not become dislodged or scattered by the wind. No holes may be dug in and around a grave to support flower vases or any other type of container. All temporary decorations will be removed when faded or unsightly, or during spring clean up after April 1.
(g) Artificial and fresh flowers, wreaths, and other temporary decorations are permitted for Valentine’s Day, Easter, Mother’s Day, Memorial Day, Father’s Day, Independence Day, Veteran’s Day, and Christmas Day with seven (7) days allowed before the holiday for decorating and seven (7) days after for pickup of decorations. All decorations shall be placed within six (6) inches of the memorial marker and secured in a manner that they will not become dislodged or scattered by the wind. No holes may be dug in and around a grave to support flower vases or any other type of container. After the designated decoration time, all decorations not in approved permanent containers will be removed by the City.
(h) Veteran’s emblems are considered approved permanent decorations, provided that they are anchored in keeping with subsection (k) below or placed immediately adjacent to the monument foundation; PROVIDED that veteran’s emblems shall not exceed forty-eight (48) inches in height.
(i) No ground cover other than grass is permitted.
(j) The City and its staff shall not be held liable for any disposal or return of any temporary decorations or permanent decorations or plantings.
(k) No permanent urns, decorations, ornaments, organizational emblems, or embellishments such as decorative statues, or decorative stones shall be permitted on or around a grave space, unless they are permanently anchored in a concrete foundation that is aligned with the monument foundation; PROVIDED that the total foundation, including monument and decorative item does not exceed the maximum foundation length allowed by this ordinance.
(l) Individual permanent benches or chairs are prohibited.
(m) Permanent decorations in existence prior to the adoption of this ordinance which do not comply with the provisions indicated hereinabove shall continue to be allowed unless or until the same become unsightly or injurious in the judgment of the Sexton.
(n) Decorations not in existence prior to the adoption of this which do not comply with the provisions indicated hereinabove shall be subject to removal by the Sexton or his designee. Additionally, any person who is convicted of violating any of the provisions of this ordinance shall be punished by imposing a fine pursuant to the fine schedule adopted by the City.
(Code 2009; Ord. 1360; Ord. 1402; Code 2022)
It is not the intention of the governing body to interfere with the taste of individuals in regard to the style of their monuments, but in justice to all concerned, the governing body reserves the right to prevent the placing of monuments which shall be deemed injurious to the grounds or general good appearance of the Cemetery. The following rules shall be observed with regard to the setting of monuments on Cemetery grave spaces:
(a) Cornerstones used for the marking of lots shall be set level with the ground.
(b) Individual mausoleums, full grave space covers, and surface burial vaults are prohibited.
(c) All monuments, permanent decorations, and foundations located within the new addition to the cemetery shall be set on the westernmost edge of the grave space boundary and parallel to the boundary, level and plumb, except for monuments provided by the U.S. armed services or a secondary cremation burial. If said military monument or secondary cremation monument is in addition to the regular monument, then said military monument or secondary cremation monument shall be centered five feet from the outside grave space boundary, and shall be flush with the ground. The total foundation (for both a monument and any adjacent permanent decorations) in the original Cemetery shall have a maximum depth of twenty-four (24) inches, shall not exceed the side grave space boundaries, and shall have a minimum wash of three (3) inches. Total foundation (for both a monument and any adjacent permanent decorations) the Cemetery expansion shall have a maximum depth of twenty-four (24) inches, shall not exceed the side grave space boundaries, and shall have a minimum wash of three (3) inches. Extensions to an existing foundation for the purpose of providing holders for permanent decorations shall be permitted, provided said foundation extension shall not exceed the depth of the existing foundation and does not exceed the side grave space boundary. No monuments or permanent decorations shall be allowed on the center grave space boundary.
(d) Within the existing original cemetery, all monuments, permanent decorations, and foundations shall be set on the westernmost edge of the grave space boundary parallel to the other existing monuments, permanent decorations and foundations already in place. The same shall be set parallel to the boundary, level and plumb, except for monuments provided by the U.S. armed services or a secondary cremation burial. If said military monument or secondary cremation monument is in addition to the regular monument, then said military monument or secondary cremation monument shall be centered five feet from the grave space boundary in which the monument and/or foundation is set, and shall be flush with the ground. In the event there is not a clear pattern to existing monuments, permanent decorations and foundations already in place, placement shall be determined by the Sexton. The total foundation (for both a monument and any adjacent permanent decorations) in the original Cemetery shall have a maximum depth of twenty-four (24) inches, shall not exceed the side grave space boundaries, and shall have a minimum wash of three (3) inches. Total foundation (for both a monument and any adjacent permanent decorations) the Cemetery expansion shall have a maximum depth of twenty-two (22) inches, shall not exceed the side grave space boundaries, and shall have a minimum wash of three (3) inches. Extensions to an existing foundation for the purpose of providing holders for permanent decorations shall be permitted, provided said foundation extension shall not exceed the depth of the existing-foundation and does not exceed the side grave space boundary. No monuments or permanent decorations shall be allowed on the center grave space boundary
(e) Monuments shall be of a standard commercial design of standard monument construction material, marble, granite, and or bronze, and must be placed on good substantial foundations made of concrete.
(f) All foundations shall be inspected by the Sexton.
(g) All columbarium faceplates shall be bronze plaques that are ten (10) inches by ten (10) inches. All faceplates shall be lettered in Roman or Condensed Roman lettering. Months of birth and death may need to be abbreviated.
(h) Monuments shall not exceed the foundation wash specified above and shall not exceed forty-eight (48) inches in height.
(i) In the Baby Island, monuments shall not exceed twenty-four (24) inches in length and twelve (12) inches in width and thirty-two (32) inches in height.
(j) Appeals of the decision of the Sexton regarding placement of monuments on the existing original cemetery under subsection (d) above shall first be referred to the Mayor, in conference with the Sexton. If a satisfactory resolution is not determined, an appeal may then be filed with the Governing Body. An appeal to the Governing Body must be filed, in writing, within fourteen (14) days of receipt of the written determination of the Sexton.
(Code 2009; Ord. 1306; Ord. 1361; Ord. 1392; Code 2022)
All monument companies or parties wishing to erect a monument shall be required to obtain a permit from the City Clerk’s office and pay any permit fees PRIOR to beginning any work on any site. The permit shall state the name of the company or contractor proposing to do the work, the type of monument to be installed, the overall dimensions of both the monument and related permanent decorations and the proposed foundation, the name of the owner of the space or spaces the work is to be done on, and the name or names of the individuals to be identified on the monument. A blueprint of the inscriptions and/or artwork to be etched and/or attached to the monument shall be attached to the application. The applicant must date and sign the permit. The City Clerk’s office shall confirm the owner and number of spaces where the installation is proposed. Before forwarding, the permit will be taken to the Sexton, who will then mark the area in the Cemetery where the monument is to be located. Any monument companies or parties wishing to erect a monument failing to conform to this regulation shall be required to complete a monument permit, and to pay any permit fees and penalties as set forth in the Cemetery fee schedule. In addition, said monument companies or parties may be required to pay for any costs resulting from any action needed to bring said monument into compliance with this article. Further, said monument companies or parties shall not thereafter be permitted to perform any future work in the Cemetery.
(Code 2009; Ord. 1307; Code 2022)
All monuments on any grave space shall be located and placed as directed by the Sexton. No monument shall be set until arrangements are made with the Sexton and all installations shall be made under the supervision of the Sexton. No Saturday, Sunday or holiday monument settings shall be permitted except in case of emergency. No monument settings shall be permitted while a funeral service is in progress. No building materials and implements needed for the setting of monuments shall remain on the Cemetery grounds longer than is actually necessary to do the setting. Should such implements or materials be left on the grounds, the Sexton shall cause the same to be removed to some suitable place at the owner’s costs. Any workmen failing to conform to this regulation and the other requirements of this article shall not thereafter be permitted to work on the grounds.
(Code 2009)
Monuments may be realigned or relocated by the Sexton. The Sexton may also authorize repair or reset of foundations and markers as the need requires. It shall not be the responsibility of the Cemetery to maintain temporary markers placed on graves.
(Code 2009)
If any inscription is placed in or upon any monument or structure upon any lot which shall be determined by the Sexton to be improper or offensive or injurious, the Sexton shall report the same to the governing body, and, if after due investigation, the same is found to be improper, offensive or injurious, the governing body shall order the owner to remove such improper, offensive or injurious inscriptions. If the owners neglect or refuse within thirty (30) days after receiving notice of order of removal, then the governing body shall cause the same to be removed. Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)
(a) Orders Received by Telephone. City staff shall not be held responsible for any order received by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a space where interment is desired.
(b) Correction of Error. City staff reserves, and shall have, the right to correct any error that may be made by the staff either on making interments, disinterments or removals, or in the description, transferring conveyance of any interment space either by canceling such conveyance or transferring property of equal value and similar location as far as possible as may be selected by the governing body; or by refunding the amount of the money paid on account of said purchase.
(c) Protection from Loss or Damage. The City shall take reasonable precautions to protect grave space owners with the Cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, to include but not be limited to damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
(d) Advertisements. No advertisements shall be permitted within the Cemetery at any time.
(e) Chemical Spraying. No one other than City staff shall be allowed to spray any chemical agent, including fertilizer, weed killers, herbicides, and ground sterilants.
Anyone found to be in violation of this article shall be fined according to the City’s general fine schedule.
(Code 2009)