HomeMy WebLinkAboutCemetery 2009-07-06 ResolutionM,I~
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Prepared by: Tammy Neumann, Parks and Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 09-239
RESOLUTION ADOPTING REGULATIONS FOR OAKLAND CEMETERY
REGARDING THE RIGHTS OF LOT OWNERS, MAINTENANCE PRACTICES
AND RULES FOR VISITORS.
WHEREAS, Ordinance No. 10-7-2 of the City Code provides for the establishment of
regulations governing the operation of Oakland Cemetery by resolution; and
WHEREAS, the City Council of Iowa City last adopted such regulations by schedules by
Resolution No. 01-246; and
WHEREAS, it is in the public interest to revise said regulations as shown on the attachment,
which is hereby incorporated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY IOWA, that Resolution No. 01-246 should be and is repealed, and that the attached
regulations governing operation of Oakland Cemetery is hereby adopted.
Passed and approved this 6th day of
ATTEST: ~ ~ -7 ~'
CIT ERK
It was moved by Champion and seconded by
adopted, and upon roll call there were:
AYES:NAYS:
X
x
x
x
X
x
O'Donnell
ABSENT:
the Resolution be
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
parksredres/cemeteryregs.doc
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OAKLAND CEMETERY REGULATIONS
Purchase of Lots
Persons desiring to purchase a lot or niche in Oakland Cemetery are referred to the
cemetery staff. Following the selection of a lot or niche, the prospective purchaser will be given
a lot/niche order, which is to be taken to the Finance Department in the Civic Center along with
full payment. The transaction will be receipted and a deed will be prepared by the City Clerk
and mailed to the purchaser.
Cemetery deeds will be placed only in the name(s) of a living person(s), except in the
case of a single space purchased by the estate of the deceased when there are no living relatives.
At the time of need, the cemetery must be fully paid prior to the opening of the grave or niche.
Ownership Rights
The term "lot owner" or "ownership" shall be defined as the right to use a lot or niche, or
part of a lot, as purchased from the City for burial purposes only, and under the existing and
subsequent rules and regulations as prescribed by the City for such use.
Lots or fractional lots, for which the City has issued lot deeds, will not thereafter be
divided except by consent of the City. All lots and niches are exempt from taxation and cannot
be seized for debt (except those owed to the Cemetery) nor can they be mortgaged.
The City shall have the right to assume, at all times, that the lot/niche owner acquired the
lot/niche for the interment of herself/himself and family members. Unless otherwise directed in
writing and filed with the City Clerk by the owner, devisees, or heirs, the City will permit the
interment of family members at the request of any interested person upon the proof of eligibility
for burial as follows:
a. The surviving spouse of the lot/niche owner shall have the first right to interment
or to direct the right of interment.
b. When there is no surviving spouse, the devisees or heirs of the owner may, by
agreement in writing, determine who among them shall have the right of
interment or direction of interment, which agreement shall be notarized and filed
with the City Clerk.
c. In the event the owner, devisees, or heirs shall not have arranged for future
interment, then the devisees or heirs as the case may be, of such owner, shall have
the right to interment in order of their need.
The City Clerk shall notify the Cemetery personnel of any changes in deed recording.
All burial rights in Cemetery lots/niches purchased from the City occupy the same
position as real estate at the death of the owner. Only persons whose names appear on the
Cemetery records of the City will be recognized as owners or part owners of lots/niches. In the
case of the will, a certified copy of the will shall be delivered to the City Clerk before the City
will recognize the change in ownership. If the deceased lot/niche owner left no will, satisfactory
proof of descent shall be presented.
The title of a Cemetery lot/niche invests the owner the right to use such lot(s) for burial
purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit,
provided such admission is free of charge and without compensation and in accordance with the
Cemetery Rules and Regulations. Lot/niche owners may not resell or transfer their lots/niches or
parts of lots to anyone whomsoever. Transfer may be made only to the owner's spouse or
children by the surrender of the original deed and issuance of a new deed by the City to the new
owners of lots/niches or parts of lots so transferred. Lot/niche owners desiring to dispose of
lots/niche(s) or parts of lots, may upon surrender of the original deeds, sell the lots/niche(s) or
part of lots, back to the City for a price not to exceed the original purchase price of the lot/niche.
Niches cannot be repurchased if any engraving has been done.
Certain older lots, no longer usable due to their small size, would have no resale value
and are best left open. Said lots could be used, with the permission of the owners or heirs
thereof, to further the Cemetery beautification plan.
Interment
The funeral director, or person(s) making arrangements, for the interment shall, as soon
as there is knowledge of a pending service, notify the Cemetery staff. Said notification,
including all information pertaining to the gravesite and additional information as required, shall
be provided by the funeral director or person(s) assuming responsibility for the service. Based
on the information given to them, Cemetery staff will locate the exact site and determine the
earliest possible time a service can be held. When definite information for locating the gravesite
is not available, the Cemetery staff will exercise its best judgment in making the location. The
Cemetery assumes no responsibility for any error in such a location.
If a burial permit is required by the Code of Iowa, Chapter 144.32, no burial will be
allowed until a burial permit is provided to the Cemetery staff.
A charge for opening and closing the grave or niche, as well as the sodding or seeding of
the grave, will be made at a current rate set by the City. The payment of said charge becomes the
responsibility of the individual(s) in charge of interment. The account becomes due upon receipt
of a statement issued by the City of Iowa City. Individuals, who make the arrangements, if not a
funeral director, must make payment prior to the grave or niche opening.
Graves shall be dug by Cemetery staff and shall conform to all applicable state laws.
Only Cemetery staff shall open niches.
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A member of the Cemetery staff shall be present at every interment or service.
The interment of bodies of persons who have died of a contagious disease shall be in
strict accordance with the rules of the State Board of Health.
If a permanent type of outer container is not used for the interment, a special charge will
be levied to cover the extra maintenance required. Said special charge is listed in the Schedule
of Rates and Charges. In areas of Oakland Cemetery established prior to January 1, 2000, the
minimum container used for the interment of an adult body shall be an enclosed container with a
bottom strong enough to support the weight of the body when lifting at each end. Adult-sized
interments made in areas established after January 1, 2000 require apermanent-type container of
concrete or other approved material.
The interment of more than one body in a single casket will not be allowed except in the
case of a parent and infant or two children interred at the same time. The limitation of numbers
of cremated remains allowed in one full body grave space purchased prior to July 1, 1991 is
regulated only by space. Full body adult graves purchased after June 30, 1991 are limited to a
maximum of four cremated remains each and only if planned in advance. In all cases, multiple
interments and/or cremated remains, marker regulations must be observed.
Interments requiring special consideration(s) of utilizing equipment not normally
available to the Cemetery staff could be provided upon request. Adequate time must be allowed
for preparation. Fees and charges must reflect the cost of the extra equipment, time and
materials. Such practices must be arranged by advance notification.
In addition to interment of cremated remains on family lots, there are two areas available
for the interment of single cremated remains and a columbarium for the interment of single
cremated remains. Locations and size restrictions can be obtained from Cemetery staff.
Exceptions to allowing one cremated remains to a single space or niche will be made only in
case of a parent and infant or two children interred at the same time. Only one urn may be
placed in a niche. Cremated remains must be interred or inurned and may not be distributed into
the atmosphere.
Single burial spaces for infants/babies are available in two areas - Babyland with 2' x 4'
spaces and Innocence with 2.5' x 4.5' spaces.
No interments of a body other than that of a human being will be permitted.
Should weather become a factor, or when several burials occur in a one (1) or two (2) day
period, the Cemetery staff shall schedule interments, working in close cooperation with the
funeral directors. To avoid conflict, it will be necessary to honor service communications from
the funeral directors according to the time received.
Whenever possible, interments will be scheduled to enter Oakland Cemetery no later than
3:00 p.m. Monday through Saturday. Interments that require work being done other than during
regular work hours Monday through Friday will be charged extra at the current overtime rate for
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actual time spent. Interment normally will not be scheduled on Sunday or an official City
holiday.
Removal (Disinterment)
Removals of bodies from graves in Oakland Cemetery will be done only by the City, in
accordance with the requirements or the statutes of the State and the rules of the State Board of
Health. Charges made by the City for removal will be made in accordance with the difficulty of
the work and are payable in advance. Disinterment's can only be scheduled Monday through
Friday between 8 a.m. and 2 p.m. The disinterment charge will be double the appropriate
resident/non-resident weekday charge. The minimum charge will be equal to twice the current
charge for opening a grave of similar size.
Lot owners or their heirs desiring graves opened shall secure the necessary disinterment
permit from the State and deliver it to the Cemetery staff.
Public Lots
Grandview Addition, Lots 60 through 70 and Lots 77 through 78 and Valleyview Lots 53
through 78 and Lots 131 through 156 have now been designated as a burial ground for those
persons for whom no other place is provided. The graves will normally be dug in sequence and
in an orderly fashion except in the case of a requested reservation of a space for a spouse or
sibling(s). The requested reservation shall be made in writing and must be renewed annually. If
the person being interred in the reserved space doesn't meet welfare requirements, the space must
be purchased at the current rate and the full interment charge must be paid. The Cemetery staff
shall record all interments.
The west one-fourth (W 1/4) of block thirteen (13) of Oakland Cemetery and any
additional space that may be required shall be designated as burial ground for any soldier who
died in the service of his/her country and the same is hereby dedicated to all members of the
Armed Forces.
If no funds are available for the interment of the deceased either from the estate of the
deceased or from other private sources, the City of Iowa City will bill the funeral director or
person(s) making arrangements for payment of services rendered by Oakland Cemetery. Said
billing shall ask that the City of Iowa City be paid for its service to the fullest amount or by not
less than 33 1/3% of all available funds. All available funds are the total funds available from
Federal agencies, State agencies, County agencies and other private sources.
Stone and Monument Work
Monument dealers and the purchasers are encouraged to contact the Cemetery office
prior to ordering a monument to check on monument restrictions.
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The City of Iowa City does not engage in stone or monument installation or repair;
however, all stone and monument work within Oakland Cemetery shall be subject to the
following regulations and requirements:
All monuments must either be flush with the ground or be at least four inches (4")
in height. The base for all-flush monuments or upright markers must correspond
as closely as possible to the contour of the existing soil surface. No monument
may be installed in such a fashion that it extends beyond the boundaries of the
designated lot or grave, or that will interfere with future grave openings or the
movement of the Cemetery maintenance equipment.
Monuments and/or foundations may not be wider than 65% of the width of the
space or spaces and may not be more than 24" from the front to back.
Monuments may not be larger than the base. By request, exceptions may be made
on larger lots in areas of the Cemetery that were established prior to 1974 or in
areas of the 2001 expansion that will not interfere with the opening of graves or
the movement of equipment.
Polished bases or monuments polished to the ground are not recommended, and
the City of Iowa City or its employees assume no liability for the actual damages
in the performance of normal maintenance operations.
The setting of monuments and the transportation of all tools, materials, etc.,
within the Cemetery grounds shall be subject to the supervision and control of the
Cemetery management. No unnecessary damage to the existing turf will be
allowed, and all debris is to be removed from the Cemetery except soil. Excess
soil must either be removed from the Cemetery or may be placed in the Cemetery
stockpile. It may not be used to fill in low areas or distributed on adjacent lots.
Heavy trucking will not be permitted within the Cemetery when, in the opinion of
the Cemetery management, such work might cause damage to the grounds or
driveways. Once begun, all monument and stone work is to be completed and any
accumulated debris is to be removed from the site within aseven-day period. All
work must be done during regular Cemetery hours of operation, Monday through
Friday, unless by special permission from the Cemetery management.
The local climate is such that marble is not recommended as a suitable material
for monument use. Granite is a much more durable stone. Bronze is an
acceptable material. Cemetery management prior to installation must approve
other material.
Only those lot pins set by the City of Iowa City are allowed in areas where
lots/spaces are pinned individually.
Stone work or monuments of any sort, once established in Oakland Cemetery,
may not be removed except by permission of the Cemetery management. Details
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concerning monument restrictions for specific areas of Oakland Cemetery are
found in Individual Lot Restrictions.
Vaults and Mausoleums
Vaults or mausoleums are not permitted on lots less than 400 square feet and the portion
of the lot occupied by the building shall not exceed 25%. In no case will permission be given to
set the building nearer to the lot line than five (5) feet. Where the vault or mausoleum exceeds
five (5) feet in height, the setback shall be five (5) feet plus one (1) foot for each additional foot
or fraction thereof.
All applications for permits to erect such structures shall be made in writing to the
Cemetery management. Complete plans and specifications of the proposed construction,
including details of materials, workmanship, method of construction, etc., shall accompany such
an application, and the approval of the City of Iowa City shall be obtained before any
construction work is begun. The City of Iowa City reserves the right to prohibit the erection or
any structure that is not considered to be safe, suitable, desirable or appropriate.
Before any vault or mausoleum may be erected, the lot owner shall pay the City an
amount of not less than ten percent (10%) of the cost of the structure. Check is to be made
payable to the City of Iowa City and submitted to the Finance Department, and will be used by
the City for the future care and maintenance of the structure and grounds. Vaults and
mausoleums may be placed only on such lots considered to be appropriate for said purpose by
the Cemetery management.
Maintenance Practices
Oakland Cemetery, anon-perpetual care cemetery, assumes all responsibility for the
maintenance of all lots that have been sold or will be sold. All monies previously collected for
perpetual care will be held in a separate trust and interest therefrom will be used to maintain
graves deeded under perpetual care. Landscaping and maintenance of the Cemetery, including
all lots therein, shall be under the direction of the Cemetery staff.
Permission for all permanent plantings must be acquired from the. Cemetery staff.
Permanent plantings that are planted without permission may be removed without notice.
Generally, it will not be possible to locate evergreen or shrub plantings directly on the gravesite.
In most cases, a nearby location will be designated as part of a group planting to enhance the
entire area.
Existing individual lot plantings may be trimmed or removed by the Cemetery staff when
they have become unsightly or unmanageable. Individual plantings so removed may be
replanted as a part of a group planting.
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No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any
objects that are obstructing the general maintenance of the Cemetery shall be removed without
notice. Existing enclosures will be removed when they have deteriorated to an unattractive or
unsafe condition.
Live flowers in plastic or paper mache' containers are most welcome and may be used at
all times. Annuals or perennials planted on the graves must be limited to a small area directly
next to the monument and must be mulched and tended by the planter. Plantings must be kept
weed and grass free, and those that are not tended and become unsightly shall be removed
without notice by Cemetery staff. Plantings must be on the respective lot and not extend more
then 12" from the monument. The Cemetery staff assumes no responsibility for the preservation,
maintenance, or protection of any type of grave decoration. Plants that must be removed for
grave opening will be set to the side and are the planter's responsibility to replant.
Placement of funeral or special anniversary flowers will be allowed for a period of
approximately five days; after this period, they will be removed. Notification of placement of
special flowers will be given to the Cemetery Superintendent. Artificial wreaths, artificial
flowers, and holiday decorations may be used any time between November 15 and March 1 and
for a period of four (4) days before and five (5) days after Memorial Day. After that period, if
not claimed, they will be removed from the site. The Cemetery staff assumes no responsibility
for lost or stolen articles. The use of flags and emblems may be used for a period of four (4)
days before and five (5) days following Memorial Day, but they will be removed and stored,
without responsibility for preservation, if still in place on the sixth day following Memorial Day.
All wooden boxes, glass jars and bottles, toys, cans, wired flowers, and other objects that
might create a mowing hazard will not be permitted during the mowing season except as
designated and, when used, will be removed and disposed of by the Cemetery staff without
notice. Shepherd's crooks are permitted, but when used they must be placed directly next to the
side of the monument with the crook over the monument. All paintings or decorations placed on
the crook must comply with all Cemetery decoration rules. Exceptions may be made in
Babyland and Innocence sections if approved by the Cemetery management.
The City of Iowa City reserves the right for its staff and other persons to enter upon or
cross over any lot in the Cemetery when deemed necessary to the performance of normal
Cemetery operation.
The City of Iowa City reserves the right to move monuments for the purpose of machine
digging graves. The City of Iowa City assumes the responsibility for resetting the monument in
a timely manner.
The City of Iowa City or its employees assume no responsibility for actual damages or
mental anguish in the performance of its normal operation, or loss by vandalism or other acts
beyond its reasonable control.
The lot owner should feel free to consult with the Cemetery staff regarding any item or
clarification of the rules and regulations at any time.
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Rules for Visitors
Visiting hours for the Cemetery are from 7:30 a.m. to 9:00 p.m. Visitors are requested to
use designated walks and drives and not to trespass unnecessarily on Cemetery lots, pick any
flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in
the Cemetery. The use of materials such as are necessary to produce the art form known as
rubbings or tracings are prohibited on any monument, stone or statuary within the boundary of
Oakland Cemetery.
Controlled use permits are required for all special projects or groups entering the
Cemetery for purposes other than attending funeral services or a gave visitation. Special use
permits are available at the Cemetery office or on the City of Iowa City web page at
www.icgov.org. Arrangements must be made well in advance of need. Filming or videotaping
of funeral proceedings is not allowed without permission from the immediate family.
Brown Street is designated as the entrance and exit for vehicles in Oakland Cemetery.
Vehicles traveling within the Cemetery shall observe the hours of visitation as previously
stated and shall proceed at a rate not to exceed ten (10) miles per hour. Drivers should be aware
at all times of the City's right to alter, change or close alleyways, roadways, and other physical
properties of the Cemetery.
Firearms will be allowed inside the Cemetery only for use at military funerals. Special
permission must be obtained in advance from the Cemetery Superintendent.
It is unlawful to bring, cause, or permit a dog or any animal to enter the Cemetery except
seeing eye dogs, unless confined inside a vehicle.
Individual Lot Restrictions
Graceland, lots 1-281, Grandview, Prospect Hill, Fernland, Fairview and all numbered
block sections, except for lots numbered above 92 in block 9 and 108 in block 29, are designated
as having unrestricted monument privileges that permit the installation of both family
monuments and individual grave monuments where the lot area is of sufficient size. The
monument must be placed on solid ground and shall not interfere with future grave openings or
the movement of Cemetery maintenance equipment.
On Graceland Drive, the monument must be on the west for lots 1-110 and lots 160-208.
The monument must be on the east for lots 111-159. Additional monuments, if used, must be
flush with the contour of the existing ground.
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Glenview, Cedarview, Sunny Slope, and lots numbered above 92 in block 9 and 108 in
block 29 have flush monuments. Only one monument per grave or a double monument, as for
husband and wife, for two adjoining graves is permitted.
Innocence (an infant baby area) monuments are restricted to 65% of the width of the
space, or 20 inches, and may not be more than 10 inches from front to back. The monument
must be placed at the west end of the lot and placed flush with the contour of the existing soil.
Babyland monuments are restricted to 65% of the width of the space, or 15.6 inches, and
may not be more than 9 inches from front to back. The monument must be placed at the west
end of the lot.
The monument must be on the west end of all lots in Rose Hill, Oak Green, and
Graceland lots 282-331. Foot stones, if used, must be flush with the contour of the existing soil.
Foot stones may be placed at any time on lots that are 12 feet long, but may be placed after burial
only on lots that are 10 feet long.
Oak Ridge, lots 1-94 and 285-380: monuments must be flush with the contour of the
ground and must be placed at the north end of the lot. Lots 95-188 and 381-439: monuments
must be placed at the north end of the lot. Lots 189-284: monuments must be placed at the south
end of the lot.
Sunrise: Lots 1-39, 105-126, 160-172 and 192-198: monuments must be flush with the
contour of the ground and must be placed at the north end of the lot. Lots 40-78, 127-144, 173-
182, and 199-204: monuments must be placed at the south end of the lot. Lots 79-104, 145-159
and 183-191: monuments must be placed at the north end of the lot.
In Deerview: all monuments must be flush with the contour of the ground and must be
placed at the west end of the lot.
Forrest Lawn: lots 1-26, 70-80, 129-137, and 162-174: monuments must be flush with the
contour of the ground and must be placed at the north end of the lot. Lots 90-108: monuments
must be flush with the ground and must be placed at the south end of the lot. Lots 53-69, 109-
118, and 138-146: monuments must be placed at the north end of the lot. Lots 27-52, 81-90,
119-128 and 147-161: monuments must be placed at the south end of the lot.
In Oakview: monuments must be flush with the contour of the ground and must be placed
at the north end of the lot.
Valleyview: lots 27-78, 131-156, 209-236, 284-302, 341-359 and 398-416: monuments
must be flush with the contour of the ground and must be at the west end of the lot. Lots 1-62,
105-130, 183-208, 303-321, 360-378 and 417-435: monuments must be placed at the west end of
the lot. Lots 79-104, 157-182, 237-283, 322-340 and 379-397: monuments must be placed at the
east end of the lot.
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Hickoryview: lots 44-85, 166-203, 275-305, 347-356, 380-397, 416-440, 490-514, 569-
598, ¢54-677, 722-740 and 774-788: monuments must be flush with the contour of the ground
and must be placed at the west end of the lot. Lots 1-43, 127-165, 241-274, 327-347, 398-415,
441-464, 515-540, 599-628, 678-699, 741-757 and 789-803: monuments must be placed at the
west end of the lot. Lots 86-126, 204-240, 306-326, 357-362, 365-379, 456-489, 541-568, 629-
653, 700-721 and 758-773: monuments must be placed at the east end of the lot. Lots 363 and
364: monuments must be flush with the contour of the ground and must be placed at the east end
of the lot.
Forestview Columbarium: the City reserves the right to approve the design and lettering
of any niche face or bud vase. The face of a niche is 12" by 12". All engraving, inscription,
lettering, symbols, insignias, etc. are to be cut into the polished face. No coloring or highlighting
is allowed. The lettering for the name and dates shall be #9 Condensed Roman. Additional
sayings must be #20 Vermarco.
Attachments are limited to one small bud vase for cut flowers in the mowing season and
artificial when allowed (see maintenance section of rules). No temporary attachments such as
tape, wire, string or stickers are allowed. All bud vases shall be of the same style, size and color.
Bud vases must be mounted on the right side of the niche and the decorations may not encroach
on adjoining niches.
Fees and Payments
The payment of fees and charges is due when billed by the City. Fees, rates and charges
shall be specified herein or as established by the City Council.
Parksrec/cemetery/regulations. doc
2009-06-18
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