Chapter 2.20 CITY CEMETERIES

2.20.010 Care and management.

2.20.020 Sale of lots and use.

2.20.030 Permit to use cemetery.

2.20.040 Execution of conveyance.

2.20.050 Price of lots.

2.20.060 Lots marked.

2.20.070 Grade of lots.

2.20.080 Trees.

2.20.090 Burial.

2.20.100 Number of bodies in grave.

2.20.110 Digging of graves.

2.20.120 Notice for digging grave.

2.20.130 Location of grave.

2.20.140 Decorations.

2.20.150 Charges for interment.

2.20.160 Bodies exhumed.

2.20.170 Disinterment.

2.20.180 Removal from other cities.

2.20.190 Changes of location.

2.20.200 Planting of trees and shrubs.

2.20.210 Articles placed on lots.

2.20.220 Extra work, charges.

2.20.230 Monuments original cemetery (north part).

2.20.240 Monuments Bell’s Addition (south part).

2.20.250 Installation of markers and monuments.

2.20.260 Perpetual care.

2.20.010 Care and management.

The care and management of the Britton original cemetery, the Bell’s Addition, and any other cemetery of the city shall be under the control of the city council. (Prior code § 1-7-1)

2.20.020 Sale of lots and use.

Lots are sold subject to all rules and regulations which now are, or hereafter may be prescribed by the council of the city, and shall not be used for any other purpose than as a place of burial for the dead. No interment of any body other than that of a human being shall be made in such cemetery. (Prior code § 1-7-2)

2.20.030 Permit to use cemetery.

No dead body of any human being shall be interred in such cemeteries until a permit for the interment of such body shall be obtained from the register of deeds office of the county in which the death occurred, and no sexton or undertaker shall assist in or about the interment of such body until a permit for the interment of such body shall have been obtained as previously stated, and which permit shall give the name of the deceased, sex, nativity, date of birth, date of death, age, and cause of death, and shall be signed by the officer issuing the permit and which a permit shall be delivered to the sexton at or before the interment and shall be by the sexton returned to the register of deeds office of the county in which the burial is made immediately after the interment with a memorandum thereon, showing the lot and portion of the lot on which the grave is situated, and the municipal finance officer or sexton shall keep a record of such permit and memorandum of such permit. (Prior code § 1-7-3)

2.20.040 Execution of conveyance.

The mayor and municipal finance officer of the city shall execute all conveyances for lots upon the presentation of the receipt showing the purchase price of such lot or lots, to be fully paid, and no burial shall be permitted until the purchase price is fully paid. (Prior code § 1-7-4)

2.20.050 Price of lots.

Lots in the cemeteries owned by the city shall be sold to the public for prices to be fixed from time to time by the city council, and shall be marked upon the plat of such cemeteries, which plat shall be kept on file in the office of the municipal finance officer. (Prior code § 1-7-5)

2.20.060 Lots marked.

Each lot in the city cemeteries shall be marked by a stone or iron post at each corner set level with the ground, to be furnished by the city on or before the sale of the lots, with the number of the lot cast or cut on one of the posts. Enclosures of any other description are considered unsightly and useless and are therefore prohibited. (Prior code § 1-7-6)

2.20.070 Grade of lots.

The grade of all lots will be determined by the superintendent in charge. (Prior code § 1-7-7)

2.20.080 Trees.

No tree growing on any lot shall be pruned, cut down, or removed without the consent of the superintendent, and if any tree or shrub situated on any lot shall, by means of its roots, branches, or otherwise, become detrimental to the adjacent lots or avenues or unsightly or inconvenient, the city council or park board shall have the right to enter upon any such lot and remove such trees and shrubs, or such part of such trees or shrubs as they shall deem detrimental or unsightly. If any lot or structure thereof shall by neglect of the proprietor, become unsightly, the city council or park board shall have the right to enter upon the lot and remove the same or put the structure and the lot in proper order or repair, and make a reasonable charge therefor. (Prior code § 1-7-8)

2.20.090 Burial.

No burial other than known members of the family of the lot owner except lots owned by the county will be allowed except on written permission to the municipal finance officer, which permission shall be filed in the office of the municipal finance officer and no lot owner will be allowed to dispose of any lot or portion of such lot for a remuneration or consideration without the approval of the city council. (Prior code § 1-7-9)

2.20.100 Number of bodies in grave.

Not more than one body will be allowed in a grave, except in case of a mother and infant, in which case special permission must be obtained from the city council. (Prior code § 1-7-10)

2.20.110 Digging of graves.

The digging of all graves shall be done by the sexton or under his or her supervision, and all surplus earth shall be removed from the lots at the expense of the lot owner. All graves for adults shall be the depth of at least five and one-half feet except that interments may be made in solid concrete hermetically sealed, airtight crypts or vaults at such depth as to leave the top of such crypt or vault even or slightly raised above the surface of the earth; provided that all such concrete crypts and vaults shall be constructed according to plans and specifications which have been approved by the city engineer and park board. (Prior code § 1-7-11)

2.20.120 Notice for digging grave.

Twenty-four (24) hours’ notice for graves must be given either at the cemeteries or at the office of the sexton; and in all cases, the box must be either sent at once to the grounds, or the exact size be left with the sexton. (Prior code § 1-7-12)

2.20.130 Location of grave.

Graves must be located at least six inches within the boundaries of the lot. (Prior code § 1-7-13)

2.20.140 Decorations.

Floral or other decorations will be removed from the lots as soon as they become wilted or unsightly, and persons wishing to retain any must move them within forty-eight (48) hours after interment. (Prior code § 1-7-14)

2.20.150 Charges for interment.

Opening, closing, and sodding graves will be subject to such charge and may be from time to time fixed by resolution of the governing body. (Prior code § 1-7-15)

2.20.160 Bodies exhumed.

No body shall be exhumed except by the permission of the city board of health or other proper public authorities. (Prior code § 1-7-16)

2.20.170 Disinterment.

No disinterment in a lot or removal of a body will be allowed without the assent as prescribed by South Dakota law in writing of the surviving husband or wife or next of kin to the person whose body is to be disinterred or removed, and written permit, order for the disinterment from the owner of the lot, or his or her lawful representative. (Prior code § 1-7-17)

2.20.180 Removal from other cities.

Remains removed from other cities or cemeteries must be accompanied by the proper papers prescribed by law. (Prior code § 1-7-18)

2.20.190 Changes of location.

Changes of location of interment in the cemeteries will not be made between the dates of October 15th and April 15th. (Prior code § 1-7-19)

2.20.200 Planting of trees and shrubs.

All trees or shrubs wherever planted at the cemeteries, shall be planted only by the employees of the management in charge, or under the authority and direction of the superintendent. (Prior code § 1-7-20)

2.20.210 Articles placed on lots.

The park board shall not be held responsible for articles which may be placed on lots, and in all cases may remove such objects, without notice, that may be considered objectionable. Such articles, and all articles removed from graves and lots will not be accounted for in any way after ten (10) days from removal. (Prior code § 1-7-21)

2.20.220 Extra work, charges.

Persons may have any such extra care or work, as may be approved by the superintendent, done upon their lots by giving a written order to the sexton at the cemeteries or at the office of the park board, specifying the work they wish done. All such orders consistent with the rules and regulations of the park board, will be promptly executed, for which a reasonable charge will be made. All such charges for work or special care are payable at the time of completion of work done at the office of the municipal finance officer. (Prior code § 1-7-22)

2.20.230 Monuments original cemetery (north part).

All monuments must be located in the center of all lots, sizes 26 × 3l feet and 26 × 26 feet. (Prior code § 1-7-23)

2.20.240 Monuments Bell’s Addition (south part).

A. On all lots 24 × 24 feet (ten (10) graves), monuments must be in the center of the lot. On all lots 12 × 24 feet (five graves), double lots, and single-grave lots, all monuments must be on the west edge, centered from the north-south boundary lines. All bases and margins must be located within the lot lines.
B. Installation of single-grave markers including flush, K slant, raised, or beveled top markers on lots 26 × 32 feet and 26 × 26 feet in original plat and on all lots 24 × 24 feet in Bell’s Addition must be placed on the foot end (east end) of all graves on the east side of the lot and on the head end (west end) of all graves on the west side of the lot. On lots 12 × 24 feet in Bell’s Addition, all markers must be on the foot end (east end) of the grave.
C. Double monuments, double flush markers, double raised or beveled top markers, and double K slant markers, and/or monuments must be placed at the head end (west end) of the grave.
D. For any other cemetery acquired by the city, in addition to the original cemetery and Bell’s Addition, all markers and headstones shall be set flush with the ground so that the grass can be properly mowed and there shall be no planting in such cemetery without the permission of the person in charge and all shrubs and trees shall be planted by the city and no other planting shall be permitted. (Prior code § 1-7-24)

2.20.250 Installation of markers and monuments.

A. All monuments and markers referred to in this chapter shall be set in poured concrete not less than four inches deep and with a five-inch minimum on all sides flush with the ground level. Precast, stressed concrete slabs may be used in lieu of poured concrete but must have the minimum five-inch on four sides and be flush with the grounds.
B. The seller or the party contracting for the installation of the marker or monument shall be responsible to see that the above rules are followed. If a special situation arises where following the regulations might not be possible or desirable (example: because of previously installed markers and/or monuments on the lot), then it shall be the responsibility of the contractor to contact the chairman of the cemetery committee to obtain a special waiver.
C. Any company not setting or installing markers and/or monuments in compliance with the regulations of the chapter shall be responsible to make any necessary changes to comply with the regulations within sixty (60) days of written notice from the municipal finance officer. If the changes are not made within sixty (60) days of receipt of the notice, the company shall thereafter be denied the privilege of making further installations of monuments and/or markers until the change has been made and inspected by the cemetery committee and approved.
D. It shall be the responsibility of the company making the installation to check with the cemetery committee on any special situation not specifically detailed in this chapter and obtain approval for the installation. (Prior code § 1-7-25)

2.20.260 Perpetual care.

A. In all cases where any person owning a lot or lots in any of the cemeteries owned by the city, desiring perpetual care of such lots, he or she shall deposit with the municipal finance officer the sum of twenty-five dollars ($25.00) per grave per year or such greater sum as may be from time to time determined by the city council. Which sum shall be placed in a separate trust fund by the municipal finance officer and the income therefrom shall be used for the perpetual care of such lot or lots.
B. The municipal finance officer shall invest such trust fund with the approval if the city council in state, county, or city securities, and the income shall be used for perpetual care of such lots as provided in this section.
C. The deposit for perpetual care does not include preparing graves or beds for planting or any other purpose except normal care of the lots. (Prior code § 1-7-26)