§ 12-42. Use regulations.

(a)

This article shall apply to all burial lots located within any cemetery operated by the city, without regard to the date or method of acquisition of burial rights as to such lots.

(b)

Any person providing services or merchandise within the boundaries of a cemetery shall do so within the cemetery guidelines and during normal working hours. All such providers shall be fully responsible for payment of any damages to city or private property which result from any activity of such providers on city cemetery property. Further, the cemetery management reserves the right to require, in advance of any work performed, a current certificate of insurance for workers compensation, automobile liability and comprehensive liability insurance with limits acceptable to the management and commercial operations and general liability insurance for any and all work or services to be performed within the cemetery boundaries.

(c)

The city expressly disclaims all responsibility for loss or damage from causes beyond its reasonable control and, especially, from damage caused by the elements, an act of God, common enemy, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, riots, or order of any military or civil authority, other than as provided in this section.

(d)

The cemetery management reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterments or removals of human remains. In the event of such an error, the city reserves and shall have the right to remove and transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The cemetery management shall also have the right to correct any errors made by placing an improper or incorrect name or date or any other information upon any municipal cemetery records. The correction by the city, as allowed in this subsection, shall acquit the city of any liability.

(e)

The city expressly reserves the right to enlarge, reduce, replat or change the boundaries or the grading of the cemetery or any sections of the cemetery, or to remove or regrade roads, drives and walks as necessary. The right to lay, maintain and operate or alter pipelines or gutters for sprinkler systems, drainage, lakes, etc., is also expressly reserved, as well as the right to use any cemetery lot, not sold to individual owners, for general cemetery purposes, including the interment of human bodies or for anything necessary, incidental or convenient. The city reserves to itself a perpetual right of ingress and egress over all burial lots and other lots for the purpose of passage to and from other lots and for such other purposes as may be necessary or proper for the efficient operation of the cemetery.

(f)

Any person found upon the cemetery grounds after dark will be considered to be a trespasser unless presence was previously authorized by cemetery personnel or is otherwise authorized by the city or other applicable authority.

(Code 1985, § 6-14; Ord. No. 32-97, § V(I), 9-8-1997)