Cemetery Rules, Regulations and Prices

Ordinance No. 675

AN ORDINANCE AMENDING PART 11, PARKS, RECREATION AND CULTURAL AFFAIRS; BY REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 4 - CEMETERIES OF THE CITY OF GROVE, OKLAHOMA CODE OF ORDINANCES AND REPEALING AND REPLACING ORDINANCE NO. 571, ORDINANCE NO. 609, ORDINANCE NO. 636 AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GROVE, OKLAHOMA:

ARTICLE I. Ordinance No. 571, Ordinance No. 609, Ordinance No. 636 and all other Ordinances in conflict herewith are hereby repealed and replaced; Part 11, Parks, Recreation and Cultural Affairs, Chapter 4 - Cemeteries, of the Code of Ordinances of the City of Grove, Oklahoma is hereby repealed and replaced to read in its entirety as follows:

Section 11-401: Definitions; Application of Chapter As used in this Ordinance:

• "Burial Permit" shall mean a permit that entitles said purchaser to have a grave opened on a designated lot by a bonded contractor.
• "Cemetery" shall mean the Buzzard Cemetery, Olympus Cemetery, and Olympus North Cemetery owned and operated by the City of Grove, Oklahoma.
• "Certificate of Burial Rights" shall mean a certificate that entitles the owner thereof to use the designated space as a place of burial within the lot boundaries for any person they choose.
• "City" shall mean the City of Grove, Oklahoma, and means the City government in all its forms, including not only all City departments but also any agency, public trust, commission, board or other person or entity acting for or on behalf of the City of Grove.
• "City Clerk" shall mean the City Clerk of the City of Grove, Oklahoma.
• "Decorations" shall mean any item(s) of temporary nature, placed on or around any grave, space or lot including but not limited to ribbons, pictures, floral designs, flowers, plants, trees, landscaping, rocks, stones, etc.
• "Direct Burial" shall mean the body is transferred from the place of death to the funeral home, placed in a casket and then delivered directly to the burial site. Interment of human remains shall be done within twenty-four (24) hours after death, or within a timeframe established by the State of Oklahoma.
• "Disinterment" shall mean the act of removing the remains of a person previously buried.
• "Indigent" shall mean a person without the financial means to pay the fees hereby established.
• "Interment" shall mean the act of burying the remains of a person.
• "Monument" shall mean memorials, grave markers, headstones, tombstones, private estate family markers or any other type of commemorative permanent object intended to be erected or placed on any grave or lot.
• "Sexton" shall mean the superintendent of Buzzard Cemetery, Olympus Cemetery, and Olympus North Cemetery.
• "Veteran's Memorial Marker" shall mean a permanent marker placed on a deceased person's grave honoring their military service

The provisions of this chapter shall be applicable to Cemetery to establish the administration, maintenance, management, and operation of the Cemetery. The City of Grove, Oklahoma, City Council reserves the right to amend this chapter when deemed appropriate.

Section 11-402: Proper Conduct for Sacred Place

It is of utmost importance that there should be strict observance of the properties of the Cemetery.  Hence, all persons within the Cemetery should avoid conduct unbecoming a sacred place.  The following conduct is prohibited within the Cemetery:

1. Loud or boisterous talking;
2. Loitering on the grounds or in any of the buildings;
3. Peddling or soliciting the sale of any commodity within the Cemetery;
4. Placing of signs, notices or advertisements of any kind within the Cemetery;
5. Bringing of dogs or cats into the Cemetery or any of its buildings unless on a leash and properly cleaned up after;
6. Children under sixteen (16) years of age unless accompanied by a responsible adult;
7. Throwing of rubbish on the drives and paths or on any part of the grounds or in the buildings of the Cemetery is prohibited;
8. Bringing of firearms into the Cemetery except by a military escort accompanying a veteran's funeral or attending a memorial service; and
9. Bringing of alcoholic beverages in the Cemetery or buildings.

Section 11-403: When Open to the Public; Business Hours

The Cemetery shall be open to the public during all daylight hours.  Cemetery personnel will be available for business only from 8:00 a.m. until 4:00 p.m. during normal work days.  No person may enter the Cemetery at any time other than these established hours.

Section 11-404: Entry, Parking and Use of Avenues, Roads, Walks and Alleys

Entry upon the cemetery premises shall be made by use of the drives provided and indicated upon the recorded plat of the cemetery.

Visitor parking is allowed on paved cemetery roads only

Persons within the Cemetery shall use the avenues, roads, walks and alleys and no one is permitted to walk upon or across lots or lawns unless it is necessary to do so to gain access to one's own lot.  The Cemetery expressly disclaims liability for any injuries sustained by anyone violating this rule.

No person may drive any motor vehicle of any kind in any cemetery except upon the main roads and avenues provided therein for vehicular traffic. No person may drive any motor vehicle or park any motor vehicle in any cemetery unless in attendance at burial services or otherwise engaged in activities consistent with the use of a cemetery. Excluded from this prohibition are any types of equipment necessary for grave preparation or monument setting. 

Section 11-405: Enforcement of Chapter and Cemetery Rules, Regulations, Etc.

The Cemetery Sexton, as well as other employees of the City of Grove, shall be responsible for maintenance of the cemeteries, and enforcing rules and regulations. Any person, firm or corporation who shall violate any of the provisions of this chapter or fails to comply with any of the requirements hereof shall be guilty of an offense and upon conviction shall be punished by fines and costs as provided in Section 1-108 of this code.

In addition any person, firm or corporation found guilty of violations of any provisions of this chapter may be prohibited from use of all cemeteries owned by the City of Grove. In the case of pre-arrangements for a service, funeral or burial being made prior to any person, firm or corporation being found guilty of violations of this chapter and being prohibited from use of the cemeteries; the owner of the "Certificate of Burial Rights" may provide proof of pre-arrangements and submit a written request for a one-time waiver of the prohibition. Only upon approval of the City Manager shall the prohibition be waived. The one-time prohibition waiver does not give the violator the right to use the cemetery until the prohibition is removed by the City Manager.

Section 11-406: Responsibilities of City Clerk

1. Sale and collection of fees of all Cemetery lots;
2. Issuance of a "Certificate of Burial Right" which shall entitle said purchaser to all the rights and responsibilities herein provided, but shall not give title to said purchaser of said lot or lots;
3. Issuance of a "Burial Permit", which shall entitle said purchaser to have a grave opened on the designated lot by a bonded contractor;
4. Keep a complete set of records as required by the State of Oklahoma relating to cemeteries, burials and removal of dead, etc;
5. A complete plat or map of the Cemetery, showing the exact location of said Cemetery, and describing or indicating all sections, lots, interments, etc., of said Cemetery, and all other information as may be required by law or ordinance;
6. A complete record of all lots that have been sold and all "Certificates of Burial Right" issued and the names and addresses of all purchasers;
7. A complete record of all "Burial Permits" issued, fees paid, and the names and addresses of all persons buying said permits;
8. A complete record of all disinterments made and fees paid therefore;
9. A book, furnished and owned by the City, known as the Cemetery Burial Record, in which shall be recorded the descendant's age and the date of death, and number of the lot and block of burial, copies of burial or removal permits, and all other information which may be required by law or ordinances; and
10. Any other records which the City Clerk shall deem important or necessary.

Section 11-407: Purchase of Certificate of Burial Rights

The sale of "Certificate of Burial Rights" for a lot or lots located in Buzzard Cemetery and Old Olympus Cemetery ceased on January 4, 2009. Sale of "Certificate of Burial Rights" for a lot or lots located in North Olympus Cemetery began on January 5, 2009.

The purchase of "Certificate of Burial Rights" of any lot or lots agrees to abide by all provisions of all laws and ordinances of this State and City in force at any time relating to the Cemetery, including all amendments hereafter adopted, and all rules and regulations adopted in connection with said Cemetery. The purchaser hereby agrees that no transfer of the "Certificate of Burial Rights" of any cemetery lot or lots shall be made in whole or any part thereof, to any other person without notice to and approval of the City. The purchaser may relinquish the "Certificate of Burial Rights" of any cemetery lot or lots to the City as hereinafter provided. Said agreement shall be made at the time of purchase.

Any person desiring to purchase a "Certificate of Burial Rights" for a cemetery lot or lots shall do so by paying the required fee to the City Clerk for such lot or lots desired. The "Certificate of Burial Rights" for the lots in such Cemetery shall be sold according to the plans and specifications on file in the City Clerk's Office. The cost of any "Certificate of Burial Rights" for any cemetery lot or lots shall be paid in full by check, cash, credit or debit card. Upon the full payment of the required fee for the purchase of a cemetery lot or lots, the City Clerk shall issue to the purchaser a "Certificate of Burial Rights".

The "Certificate of Burial Rights" entitles the owner thereof (i.e. the purchaser) to use the designated spaces as a place of burial within the lot boundaries for any person they choose. The Certificate shall identify the purchaser and the specific lots and plots to which the Certificate applies. No other rights are granted except as explicitly stated in these rules. Title to the real estate remains with the City of Grove.

Upon approval of written request to the City Clerk, owners of the "Certificate of Burial Rights" may transfer the certificate to a new owner. If an owner wishes to relinquish an unused "Certificate of Burial Rights" for a cemetery lot or lots, he or she can sell it back to the City of Grove at the total price originally paid. No person may sell or exchange any "Certificate of Burial Rights" for a profit or gain.

Upon the death of the owner of a "Certificate of Burial Rights", all rights evidenced by such a certificate shall pass to the owners heirs, legatees, or devisees in the same manner as other interests in personal property.

Section 11-408: Schedule of Charges

Certificate of Burial Rights for Cemetery Lot Prices

• Buzzard and Old Olympus Cemetery - Standard Grave - $75.00
• Olympus North Cemetery
• Section A - In-Ground Cremations - 5' x 5' - $250.00
• Section B - Standard Grave - 5' x 10' - $250.00
• Section C - Scattering Garden for a memorial space on the Section C common monument wall - COST plus 25%
• Section D - Standard Grave - 5' x 10' - $250.00
• Section E - Standard Grave - 5' x 10' - $250.00
• Section F - Standard Grave - 5' x 10' - $250.00
• Section G - Baby Land - 5' x 5' - $125.00
• Section H - Standard Grave - 5' x 10' - $250.00
• Section I - Standard Grave - 5' x 10' - $250.00
• Section EA & EB is for 8 Standard Graves - 5' x 10' - $4,000.00 

Burial Permit Fee - $75.00

Interment and/or Disinterment Charges

• Monday through Friday 8:00 a.m. to 4:00 p.m.
• In-Ground Cremations - $150.00
• Scattering Garden - $100.00 (Interment Only)

• After 4:00 p.m. or Weekends or Holidays
• In-Ground Cremations - $250.00
• Scattering Garden - $200.00 (Interment Only)

Fee for Marking Grave site Area Prior to Interment and/or Disinterment

• Monday through Friday 8:00 a.m. to 4:00 p.m. - NO CHARGE
• After 4:00 p.m. or Weekends or Holidays - $100.00
• Failure to provide 24 hour advance notice - $100.00

Section 11-409: Perpetual Cemetery Maintenance Fund

In all cemeteries owned by the City of Grove where grave spaces, lots, mausoleum crypts or niches are sold, whether above or below the surface of the ground, not less than twenty-five percent (25%) of the purchase price thereof shall be segregated and set aside as a permanent trust fund to be known as the "Perpetual Cemetery Maintenance Fund".

The Perpetual Cemetery Maintenance Fund shall be invested as allowed in the City of Grove Accounting Policy and Procedures, and the income shall be used in improving, caring for, and embellishing the lots, walks, drives, parks and other improvements in such Cemetery and maintenance of office and care of records.

The Perpetual Cemetery Maintenance Fund shall not be merged with any other fund of said City.

Section 11-410: Interment

Indigent interment will only be allowed in available lots at the Old Olympus and Buzzard Cemeteries.  Available lots will be determined by the Cemetery Sexton.

For a person to be eligible for indigent interment, the funeral home director or family must submit documentation and a written notice to the City Manager requesting an individual be considered as indigent; upon review of documentation, the City Manager will make the final determination.

Prior to any interment being made, the funeral director, owner, or purchaser of the lot on which the interment is to be made, shall make application for a "Burial Permit" to the City Clerk at least twenty-four (24) hours prior thereto, and the City Clerk shall be informed at such time the size of the outside case to be used, the location of the grave on the lot, who is to be buried and any other information necessary to comply with state and local laws and ordinances. If the application is found to be in order, and fees have been paid, the City Clerk shall issue a "Burial Permit".

In the event a Direct Burial, as defined herein, is performed and only under such circumstances that does not allow adequate time to obtain a "Burial Permit" from the City Clerk, the Cemetery Sexton or his/her designee may approve the application, collect the fee and provide a "Burial Permit".

Only contractors that are bonded and licensed to perform work within the City of Grove shall be eligible to open a grave. No grave shall be opened without a "Burial Permit" being first issued and record made thereof. Any person may make said application only when the lot owner or purchaser has given his permission for interment, and said applicant must be able to furnish proof of such permission to the City Clerk or funeral director at the time the application is made.

No service, funeral, or burial shall take place within the Cemetery except by a funeral director who is licensed to perform work within the State of Oklahoma and City of Grove.

Funeral directors are encouraged to schedule services, funerals or burials between the hours of 8:00 a.m. and 4:00 p.m. on Monday through Friday. Although discouraged, Saturday, Sunday and Holiday services, funerals or burials are allowed in time of an emergency.

All interments, including cremations, shall be placed in the appropriate Section of the Cemetery according to the plans and specifications on file in the City Clerk's Office and approved by the City.

The City shall be notified a minimum of twenty-four (24) hours in advance of any service, funeral or burial for which a grave shall be marked prior to opening, if such notice is not given there will be an additional service fee. Marking of graves prior to opening shall be accomplished according to the specifications and shall be marked by the Cemetery Sexton, or other designated City representative.

All graves shall be level with surrounding areas and no mounds shall be allowed. Each burial plot shall be limited to the following:

Buzzard Cemetery - the interment of one human body

Old Olympus Cemetery - the interment of one human body

Olympus North Cemetery - determined by Section

• Standard Grave - the interment of one human body; and with City approval may also include one (1) cremation urn in a manner consistent with the applicable laws of the State of Oklahoma.
• In-Ground Cremations - the interment of no more than four (4) cremation urns.
• Baby Land - the interment of one infant body less than one year old.
• Scattering Garden - scattered cremations of one human body for each memorial plaque space on the Section C common monument wall.

Vaults shall be located at least six inches (6") inside of the lot boundary as follows:

• Standard Graves - Lot Size: 5' x 10', Opening: 42" x 8', Depth: 5' - 5 1/2'
• In-Ground Cremations - Lot Size: 5' x 5', Opening: Container Size, Depth: 2 1/2' - 3'
• Baby Land - Lot Size: 5' x 5', Opening: Container Size, Depth: 2 1/2' - 3'

In order to maintain a high standard of care and to eliminate sunken graves caused by the collapse of caskets or urns, and to give peace of mind to the remaining bereaved families, all burials, except for scattered cremations in the Scattering Garden, must be made in high strength reinforced concrete vaults, which may be procured from any source, provided they are high strength reinforced concrete. No wooden, polypropylene, fiberglass, metal or other non-durable vaults shall be allowed for placement of any casket or urn.

Anyone planning to make improvements on lots or grave sites shall receive written permission from the City before the project is started. No curbing of Cemetery lots will be allowed. No crushed rock or quartz shall be placed on any grave.

Section 4-411: Disinterment

Disinterment must be lawfully authorized and conducted under any one of the following conditions:

• The City is directed to make a disinterment by the order of a Court of competent jurisdiction and a certified copy of such Order has been filed with the City Clerk.
• The County Coroner directs the disinterment for the purpose of holding an inquest and has filed with the City Clerk his signed authorization to release the body to himself and his lawful agents. In such case the Coroner or his lawful agents must make the disinterment.

The City of Grove assumes no liability for any damage including damage to any casket, vault or urn incurred in making the removal. Board of Health burial/transit permit is required for all disinterments.

The City reserves, and shall have, the right to correct any errors. In the event an error shall involve the interment of the remains of any person, the City reserves, and shall have, the right to remove and transfer such remains, following City and State procedures. When a removal is to be made from a single grave to another grave therein, the formerly occupied single grave space and al rights therein revert to the City. If no concrete vault has been used for the original interment, one must be furnished.

Section 11-412: Cremated Remains

No person shall scatter cremated remains within the cemetery, except in the designated Scattering Gardens area, and under the supervision of the Cemetery Sexton or other designated City representative.

In-ground cremations shall be buried in the designated In-Ground Cremation area and disposed of in a manner consistent with applicable laws of the State of Oklahoma.

Upon City approval, one (1) cremation urn may be buried in a standard grave as allowed by the State of Oklahoma.

Section 11-413: Monuments

The Monument (as defined herein) size, location on lot, foundation, kind of stones and other materials to be used shall comply with rules and regulations established by the City. No Monument shall be placed on any lot or grave until approved by the Cemetery Sexton. The City, without any liability, shall have the right to correct, remove, or have removed any Monument placed without the approval of the Cemetery Sexton or that does not comply with the rules and regulations established herein.

The funeral director, owner or purchaser of the lot or a representative of the monument company, shall contact the City Clerk or Cemetery Sexton twenty-four (24) hours in advance to schedule a time and date for placement of any monument. Scheduling and placement of monuments shall be done Monday through Friday from 8:00 a.m. to 3:00 p.m.

If any monument or marker becomes unsafe, unsightly, in need of repair or resetting, the City shall attempt to notify the owner of the relevant "Certificate of Burial Rights" of such condition and shall request such person to make any needed repairs under the Cemetery Sexton's supervision. If the owner does not make the needed repairs, the city shall have the right at the expense of the monument company, the lot owner or purchaser to remove, replace, or repair any monument or marker.

• Monument installation shall be by the owner's bonded contractor under the supervision of the Cemetery Sexton.
• Monuments shall be composed of marble, granite or bronze.
• No monument shall contain anything that is determined by the City to be offensive.
• A maximum of one monument and one Veteran's Memorial marker shall be allowed per standard grave.
• Veteran's Memorial marker used as a second marker on a standard grave must be flush with the ground and centered at the east end of the lot.
• Each monument must be mounted on a concrete foundation and shall be done by the owner's bonded contractor under the supervision of the Cemetery Sexton.
• A standard grave monument shall be placed on a concrete base that measures 2' deep x 4' wide and 4" thick; the monument must be a minimum of 4" thick and shall not exceed the size of the base. The placement of a standard grave monument and concrete base shall be centered at the west end of the lot.
• A monument shared by two standard graves side by side (ie: husband and wife) shall be placed on a concrete base that measures 2' deep x 8' wide and 4" thick; the monument must be a minimum of 4" thick and shall not exceed the size of the base. The placement of a monument and concrete base shared by two standard graves shall be centered at the west end of the lot.
• Detailed information of the deceased shall be engraved on the side of the monument facing east, and one family surname may be engraved on the side of the monument facing west in Olympus North Cemetery.
• All engraving on monuments must be approved by the Cemetery Sexton prior to placement of the monuments.
• The placement and dimensions of a monument on Standard Graves shall conform to the layout in Olympus Cemetery North Overall Burial Sections Map.
• The placement of up to four markers shall be allowed per In-Ground Cremation lot. Markers shall not exceed the size of 8 1/2" long x 5 1/2" wide, and 4" thick including base.
• The placement and dimensions of a monument on Baby Land graves and on the In-Ground Cremation lots shall conform to the layout in Olympus Cemetery North Overall Burial Sections Map.
• Monuments shall be of a design appropriate to the cemetery and approved by the Cemetery Sexton prior to placement.
• In Sections EA and EB the placement of private estate family monuments shall be of a layout, size and design appropriate to the cemetery and approved by the Cemetery Sexton.

If any person shall, unlawfully, remove from its place any monument of marble, stone, brass, wood, or other material, erected for the purpose of designating the spot where any dead body is interred, or for the purpose of preserving and perpetuating the memory, name, fame, birth, age, or death of any person, whether situated in or out of the common burying ground, or shall unlawfully break or deface such a monument, or alter the letters, marks, or inscription thereof, shall be guilty of a misdemeanor.

Section 11-414: Landscaping and Decorations

No person may plant, prune, or remove any tree, shrub, flower, grass or other plant of any kind located within the cemetery.

• The planting of shrubs, ornamental grasses, vines or trees or the erection of any above ground structure such as trellis, benches, birdbaths, etc. is prohibited.
• The City is authorized to remove any items on or around any grave, space or lot that hinders the maintenance of the cemetery, any items that do not comply with these rules and any items that become deteriorated or unsightly.
• Enclosures of any kind, such as fence, coping, hedge; kitch, or the like, on or around any grave, space, or lot is prohibited.
• No grave or grave space shall be raised above the established grade of surrounding terrain.
• Wire (common in artificial flowers), glass, and other materials that might present a hazard if hit by the mower are prohibited.
• Decorations commemorating the funeral service, birthday of deceased, anniversary of date of death of the deceased, Mother's day, Memorial Day, Father's Day, Independence Day, Veteran's Day and Christmas are permitted. Other special events may be commemorated by placement of decorations when requested in writing to the City of Grove prior to placement and are subject to approval by the City of Grove.
• Cemetery patrons are encouraged to remove the decorations within ten days following the event or holiday. The City will remove and dispose of any decorations that remain after the ten day period.
• Placement of decorations is limited to graves only; no decorations of any type shall be placed on or attached to natural features (such as trees or rocks), utility poles or fences. 
• Cemetery patrons are cautioned to avoid leaving costly or irreplaceable items at grave locations. The City is not responsible for stolen items.

ARTICLE II: Severability

The provisions of this Ordinance are severable, and if any part or provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof.

ARTICLE III: Effective Date

The provisions of this Ordinance shall be effective upon adoption by the City Council of Grove, Oklahoma.

ARTICLE IV: Conflict

Any ordinance or parts of ordinances of the City of Grove, Oklahoma, found to be in conflict herewith are hereby repealed.

PASSED AND EMERGENCY CLAUSE RULED UPON SEPARATELY AND APPROVED THIS 7TH DAY OF JANUARY, 2014.