TITLE 12. STREETS, SIDEWALKS AND PUBLIC PLACESTITLE 12. STREETS, SIDEWALKS AND PUBLIC PLACES\Chapter 12.36 BELLEVILLE CEMETERY

“Cemetery”, as used in this chapter, means the Belleville Cemetery owned and operated by the City of Belleville.

(Ord. 671; Ord. 940; Code 2016)

The survey and last replat of Belleville cemetery into lots, blocks, roadways and walkways, as recorded in the office of the City Clerk, shall be the official survey and plat of the cemetery.

(Ord. 671; Ord. 940; Code 2016)

The police power of the City is extended over all of the cemetery.

(Ord. 671; Ord. 940; Code 2016)

A.    The City Clerk shall be the ex officio cemetery superintendent and sexton.  The cemetery superintendent shall have sole and exclusive charge of the excavation of all graves, the interment or disinterment of the dead, and shall keep an exact record of the location of the graves in the various lots in a book kept for that purpose, and he shall superintend the building of all foundations for vaults, tombs and monuments, and shall enforce all rules relating thereto, and their proper places.

B.    It is unlawful for any person other than the cemetery superintendent or some other person acting under his supervision to do any act herein required of the cemetery superintendent.

(Ord. 671; Ord. 940; Code 2016)

A.    All lots and grave spaces in the cemetery shall be sold for the purpose of interment only, and shall be subject to such regulations as may now be in effect, or which may hereafter be made.  Such lots and grave spaces shall be conveyed by means of conveyance certificates evidencing sales of such lots and grave spaces, which certificates shall be signed by the mayor of the city and countersigned by the city clerk under the seal of the city, and the city clerk shall maintain a record thereof.

B.    Grave spaces are sold in the following ways:

1.    One-quarter lots measuring ten feet long and eight feet wide (containing two ten foot long by four foot wide grave spaces) for a fee of three hundred dollars;

2.    One half lots measuring twenty feet long and eight feet wide (containing four ten-foot-long by four foot-wide grave spaces) for a fee of six hundred dollars;

3.    Full lots measuring twenty feet long and sixteen feet wide (containing eight ten-foot-long by four-foot-wide grave spaces) for a fee of one thousand two hundred dollars.

4.    Single grave spaces measuring ten feet long and four feet wide may be sold for a fee of one hundred and fifty dollars per space.  The cemetery superintendent shall designate certain cemetery lots at the Belleville City Cemetery as “single space only” lots for the purpose of selling single spaces. 

5.    Cremation grave spaces, containing up to two cremations per grave space may be sold for one hundred and fifty dollars per space.  The cemetery superintendent shall designate certain cemetery lots at the Belleville City Cemetery as “cremation” lots for the purpose of selling spaces for inurnment.

C.    In the event the owner or owners of any unoccupied lots of spaces desire to dispose of the same, the City of Belleville shall have first option to repurchase the same from the owner or owners thereof.  The City of Belleville will pay to the owners the original purchase price paid for the lot or spaces.

D.    All money received from the sale of grave spaces shall be paid before a conveyance certificate is issued and before interment. All money received from the sale of grave spaces shall be credited to the General operating fund of the City. 

(Ord. 671; Ord. 940; Code 2016)

Only one interment shall be made in a single grave, except in the cases of mother and infant child, twin children or two children buried at the same time, cremated remains, or multiple burials of human embryonic remains (pre-fetus state). However, when duly authorized, a single cremation may be interred above an existing grave.

(Ord. 671; Ord. 940; Code 2016)

A non-collapsible outer container or vault must be used in all burials in the cemetery.  Burials with wooden boxes or no container are hereby prohibited.

(Ord. 671; Ord. 940; Code 2016)

A.    Perpetual care entitles lots and grave spaces to normal and reasonable maintenance, including by way of illustration cutting of grass and weeds and removal of rubbish, and does not include unique or special provisions for the care or cultivation of any special grasses, flowers, shrubs, trees or other plants on any lots and grave spaces, nor the repairing removal, replacement, reconstruction or maintenance of monuments in the cemetery.

B.    The City of Belleville will exercise reasonable care to avoid damage by City employees to grave markers and other items permitted on cemetery lots.  The City is not responsible for damage due to acts of vandalism, or for damage due to the negligent actions of persons other than city employees, or for damage caused by weather or other events beyond the control of the city.

(Ord. 671; Ord. 940; Code 2016)

A.    It is unlawful for any person to erect or construct any fence, coping or curbing of wood, stone, brick, cement or other material at or around any individual lots and grave spaces in the cemetery, or to plant any tree or shrub on any such lots and grave spaces; provided, however, that this section shall not be constructed as prohibiting the erection of otherwise lawful headstones, tombs, markers or monuments.

B.    The cemetery superintendent shall set aside appropriate lots and grave spaces within the cemetery deemed necessary to provide for a landscaping plan.  This landscaping plan shall provide for the planting of trees, shrubs and flowers by the city, for which the city shall provide perpetual care.

C.    Any existing fence, coping or curbing of wood, stone, brick, cement or other material, trees, flowers or shrubs, shall be maintained by the owners, their estate, heirs or assigns, at their own expense.

D.    The City of Belleville shall have authority to remove all floral designs, flowers, weeds, shrubs, plants or herbage of any kind, from the Belleville Municipal Cemetery as soon as, in the judgment of the City, they become unsightly, dangerous, detrimental or deceased, or when they do not conform to the standards maintained.

(Ord. 671; Ord. 940; Code 2016)

It is unlawful for any tree, shrub, plant, coping, fencing or other structure, enclosure or decoration, excluding otherwise lawful headstones, tombs, markers or monuments located on any individual grave space, to become dangerous or detrimental to the operation of or maintenance to the individual grave spaces located in the cemetery, or to interfere with or encroach upon adjacent grave spaces.

(Ord. 671; Ord. 940; Code 2016)

Except as authorized by the cemetery superintendent for the operation of the cemetery, it is unlawful  for any person to operate or drive any motor vehicle or motorcycle in the cemetery except on the maintained roadways located in the cemetery.

(Ord. 671; Ord. 940; Code 2016)

All persons performing any type of work in the cemetery shall obtain and maintain liability insurance coverage in an amount determined sufficiently by the City of Belleville.  On request, a certificate of such coverage shall be furnished to the City of Belleville.

(Ord. 671; Ord. 940; Code 2016)

It is unlawful for any person to be or remain in the cemetery after the hour of eleven p.m. and prior to six a.m., except in case of a public emergency.

(Ord. 671; Ord. 940; Code 2016)

A.    It is unlawful for any person, except a city employee in the performance of his duty in caring for the cemetery, to willfully make any unnecessary noise or disturbance, or to cut down, deface, mutilate or injure any lot, tomb, monument, marker, railing, tree, shrub, flower or other decoration.

B.    Pets shall not be allowed on cemetery grounds, unless the pet is considered a trained assistant type animal.

(Ord. 671; Ord. 940; Code 2016)

       Any person who violates or maintains any violation of the provisions of this chapter shall, upon conviction thereof, be fined in an amount not exceeding one hundred dollars.  Each day such violation is maintained shall constitute a separate offense.

(Ord. 671; Ord. 940; Code 2016)