Cemetery Ordinances

Article 4: Cemetery

  • 12-401: Name -

    The Phillipsburg City Cemetery shall be known as Fairview Cemetery. (Code 1971, 6-101; Code 1999, 15-301)
  • 12-402: Cemetery Superintendent; Duties -

    The mayor shall appoint a cemetery superintendent. The appointee, under the supervision and direction of the mayor and council committee, shall have charge of the care, upkeep and maintenance of the city cemetery and all work in connection therewith. The cemetery superintendent shall open and close all graves and see that all regulations in connection with the enclosure of lots and grave spaces and adornment of the cemetery are observed. (Code 1971, 6-102; Code 1999, 15-302)
  • 12-403: Burial Permit Required -

    No interment or burial shall be made in the Fairview Cemetery without a burial permit therefore issued by the city clerk, after statement of pertinent information is furnished the clerk, which information shall be kept on record by the clerk. The cemetery superintendent or other person in charge of the cemetery shall not inter or permit the interment of any dead body unless it be accompanied by a permit as required by law. He or she shall make a return of such permit to the city clerk and keep a cemetery record of all interments as required by law. (Ord. 984, Sec. 1; Code 1971, 6-103; Code 1999, 15-303)
  • 12-404: Cemetery Lots; How Conveyed -

    Cemetery lots shall be conveyed by certificate signed by the mayor and countersigned by the city clerk, under the seal of the City of Phillipsburg, specifying that the purchaser, his or her heirs, has a right in fee simple to such lot or lots for the sole purpose of interment under such regulations as the mayor and council may from time to time proscribe; provided that the same person shall not own more than one lot at the same time. (Code 1971, 6-103; Code 1999, 15-304)
  • 12-405: Same; Prices -

    The purchase price of lots for residents and non-residents of the City of Phillipsburg shall be determined and properly set by policy of the governing body. (Code 2008)
  • 12-406: Additional Cost -

    If in the event a burial space or spaces is purchased by a resident and thereafter a nonresident other than the original purchaser is in fact buried in said space then in that event an additional $25.00 cost will be charged to the estate of the nonresident and/or his proper legal representative. (Ord. 1084, Sec. 3; Code 1999, 15-306)
  • 12-407: Transfer of Lots -

    If any person or persons desire to transfer ownership of any lot or part of a lot, the certificate shall be surrendered to the city clerk and a new certificate shall be issued. The fee for such transfer shall be set by policy of the governing body. The clerk shall keep a record of such transfers. (Code 1971, 6-104; Code 1999, 15-307; Code 2008)
  • 12-408: Enclosing Lot Prohibited -

    No fence, hedge, coping, curbs or other means of enclosure shall be placed around any lot in the Fairview Cemetery or any addition thereto. (Code 1971, 6-105; Code 1999, 15-308)
  • 12-409: Prohibited Burials -

    It shall be unlawful to bury any deceased human body within the corporate limits of the city except it be in a cemetery. (Code 1971, 6-106; Code 1999, 15-309)
  • 12-410: Entrance Prohibited; Hours -

    No person or persons shall enter inside the enclosing fence or be on the premises of the Fairview Cemetery between the hours of sunset and sunrise, without the permission of the cemetery superintendent, chief of police or mayor. (Code 1971, 6-107; Code 1999, 15-310)
  • 12-411: Grave Opening and Closing Charge -

    (a) Fees for the opening and closing of any grave in Fairview Cemetery, shall be set by policy of the governing body and shall be paid in the office of the city clerk. (a) If the service is held on Saturday, Sunday, or a holiday an additional fee may be charged. (e) If the City Clerk’s office does not receive notice of a Monday morning funeral by 10:00 a.m. of the previous Friday, an additional fee may be charged. (Ord. 1287, Sec. 1; Code 2008)
  • 12-412: Burial Containers -

    It is hereby unlawful to bury any deceased human body within the corporate limits of the city, except that it be in a cemetery, and that a rigid outside container be used for all burials. (Ord. 1143, Sec. 1; Code 1999, 15-312)
  • 12-413: Endowment Fund for Decorations - An endowment fund may be established at the Offices of the City of Phillipsburg, Kansas, to be used for future decorations upon a grave site or grave sites within Fairview Cemetery, Phillipsburg, Kansas. The minimum contribution will be $1,500.00 per grave site. The City will decorate, as the city work schedule permits, grave sites annually for the Memorial Day Holiday. The selection of flowers including artificial flowers will be at the discretion of the City. A bouquet of not less than eight flowers or wreath may be placed at the grave site by the City. Any funds earned from the investment of the endowment less decoration expenses will be used for any cemetery related function or purpose at the discretion of the City. Monument repair cost will not be included as a service nor paid for by the earnings of the endowment. (Ord. 1234, Sec. 1; Code 2008)
  • 12-414: Monuments and Stones -

    All monuments and stones shall be set upon a concrete base that is flush with the ground and extends five inches outside the monument or stone base dimensions. Monuments and stones shall be constructed of lasting durable material, such as stone, brick, or bronze, which require minimal maintenance and are compatible with current existing monuments. No monument or stone may be set by family, individual, Monument Company, or other entity without contacting the City for an appointment to review the proposed monument and ultimate approval of same by the City. Any questions regarding monuments and stones shall be directed to the city council whose decision shall be final. (Ord. 1234, Sec. 1; Code 2008)
  • 12-415: Plantings -

    All planting, care, and maintenance for trees, shrubs, and bushes will be furnished by the City with city council approval. Trees, shrubs, and bushes will not be allowed upon individual grave sites. Plantings such as flowers are limited to the North or South side of each monument stone. Any tree, shrub, bush, or other planting within the cemetery that is not maintained and becomes diseased or dies, may be removed by the city with the approval of the city council. (Ord. 1234, Sec. 1; Code 2008)