115.01  Definition	115.05  Perpetual Care
115.02  Cemetery Management	115.06  Vandalism in Cemetery
115.03  Records	115.07  Rates and Charges
115.04  Sale of Lots	115.08  Rules and Regulations

115.01    DEFINITION.  The term “cemetery” means the Oakshade Cemetery, which is a municipal cemetery under the provisions of Sections 566.14 to 566.18 of the Code of Iowa.

115.02    CEMETERY MANAGEMENT.  The Park Board shall be responsible for the management of the Oakshade Cemetery and any other cemetery ground that may hereafter be owned or operated by the City.

115.03    RECORDS.  It is the duty of the Park Board to make and keep a permanent record of all interments made in the cemetery, which record shall at all times be open to public inspection.  The record shall, among other things, include:

1.         Plat.  An accurate plat of the cemetery;

2.         Lot Owners.  The names of the owners of all lots that have been sold; 

3.         Lot Descriptions.  The correct description of all lots for sale and the price thereof, as shall be fixed by the City Council;  

4.         Grave Locations.  The exact location of each grave upon each cemetery lot.

115.04    SALE OF LOTS.  The sale of lots in the cemetery shall be evidenced by a deed signed and executed by the Park Board for and on behalf of the City, and it is the duty of the Board to collect the purchase price for any lot sold before delivering the deed of conveyance for the same.

115.05    PERPETUAL CARE.   A portion of the sale price as established by the Council shall be set aside and deposited in the perpetual care endowment fund of the cemetery.  The Council, by resolution, shall also receive and expend all moneys and property donated or bequeathed for perpetual care.  The assets of the perpetual care fund shall be invested as permitted by State law.  The City shall use the income from such investments in caring for the property of the donor or lot owner or as provided in the terms of such gift or donation, or as agreed in the instrument for sale and purchase of a cemetery lot.

(Code of Iowa, Sec. 566.14, 566.15 and 566.16)

115.06    VANDALISM IN CEMETERY.  Any person who destroys, injures or defaces any grave, vault, tombstone, or monument, or any building, fence, tree, shrub, flower, or anything in or belonging to any cemetery under the jurisdiction of the City shall be liable for any and all damage, in addition to being subject to any other penalty imposed.

115.07    RATES AND CHARGES.  The following schedule of rates and charges is established:

1.         Opening and Closing of Graves:

            Adults, Children and Infants................. $    350.00

2.         One Space:

            Adults, Children and Infants................. $    350.00

            Children and Infants............................. $    150.00 (Addition 10 only)

3.         Perpetual Care:

            Adults, Children and Infants................. $    100.00

            Children and Infants............................. $      50.00 (Addition 10 only)

115.08    RULES AND REGULATIONS.  The rules governing the use of public cemeteries of the City are as follows:

1.                  Terms used in this section have the following meanings:

A.                 “Immediate family” includes father, mother, natural child, adopted child, stepchild and foster child.

B.                 “Lot” includes, in most cases, twelve (12) spaces.

C.                 “Space” means the area required for burial of the remains of one person.

2.                  All plantings other than small flowers and plants are prohibited on lots without written permit from the Park Board.  Decorations must be removed from September 15 through November 30 for fall cleanup and must be removed by March 15 for spring cleanup.

3.                  Burials without a concrete vault or equivalent structure that minimizes excessive settling of a grave are prohibited.

4.                  All foundations for monuments or headstones shall be constructed of concrete or granite and shall extend four (4) inches beyond the marker on all sides and shall be of an adequate depth to hold the stone upright. 

5.                  The cemetery shall be open daily from eight o’clock (8:00) a.m. to sunset and no one shall be present on the cemetery property except between those hours. 

6.                  Cremated remains shall be interred at least eighteen (18) inches below the surface of the ground.  Scattering of cremated remains on the surface of the ground is prohibited in the cemetery.

7.                  Interments shall be limited to one per space.  Burials of cremains are limited to two per space.

8.                  The Park Board is empowered to make special exceptions to the foregoing rules upon a written request and a clear and definite showing that literal enforcement of the rule would create an unreasonable hardship and that the exception would not defeat the public interest served by the rule.

9.                  No cemetery lot or space shall be sold or transferred without the written consent of the Park Board which shall not be unreasonably withheld. 

10.              No person shall be buried in a space except the owner or member of the immediate family.