HomeMy WebLinkAbout~Master - Amendment to Ames Municipal Cemetery Regulations ORDINANCE NO. 3979
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ADDING CHAPTER 33, AMES MUNICIPAL
CEMETERY FOR THE PURPOSE OF AUTHORIZING THE PUBLIC
WORKS DEPARTMENT TO DESIGNATE A SUPERINTENDENT AND
OPERATE A MUNICIPAL CEMETERY; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
Section 1. The Municipal Code of the City of Ames, Iowa, is hereby amended to add CHAPTER 33,
MUNICIPAL CEMETERIES,as follows:
CHAPTER 33
MUNICIPAL CEMETERIES
33.1 DEFINITION.
The term"cemetery"as used in this chapter means the Ames Municipal Cemetery and the
Ontario Municipal Cemetery, which are municipal cemeteries operated under the provisions of
Chapter 523I of the Code of Iowa and this chapter.
(Code of Iowa, Sec. 5231..501)
33.2 PUBLIC WORKS DEPARTMENT.
The Public Works Department shall designate a Cemetery Superintendent to operate the
cemetery in accordance with the rules and regulations therefor and under the direction of the Council.
The duties of the department are as follows:
1. Authorize Openings.Authorize the opening of all graves.
2. Maintenance.Be responsible for the maintenance of the cemetery buildings,grounds,
and equipment.
33.3 RECORDS.
It is the duty of the Cemetery Superintendent to make and keep complete records identifying
the owners of all interment rights sold by the cemetery and historical information regarding any
transfers of ownership. The records shall include all of the following:
(Code of Iowa, Sec. 5231..311)
1. Sales or Transfers of Interment Rights.
(a) The name and last known address of each owner or previous owner of
interment rights.
(b) The date of each purchase or transfer of interment rights.
(c) A unique numeric or alphanumeric identifier that indicates the location of
each interment space sold by the cemetery.
2. Interments.
(a) The date the remains are interred.
(b) The name,date of birth and date of death of the decedent interred,if those
facts can be conveniently obtained.
(c) A unique numeric or alphanumeric identifier that indicates the location of
each interment space where the remains are interred.
33.4 SALE OF INTERMENT RIGHTS;ADDITIONAL FEES.
The Public Works Department is authorized to sell or transfer interment rights in the
cemeteries subject to all restrictions of record and to all rules and regulations established by the
Council. The sale or transfer of interment rights in the cemeteries shall be evidenced by a certificate
of interment rights, deed, or other instrument evidencing the conveyance of exclusive rights of
interment upon payment in full of the purchase price. The agreement for interment rights shall
disclose all information required by Chapter 523I of the Code of Iowa. Fees and charges for interment
rights shall be paid to the Finance Office at the time of arrangement for interment. Additional
administrative fees may apply for transfers of interment rights, substitutions of spaces, installations
and inspections of memorials,perpetual care of memorials, and refunds for the return of interment
rights. Fees are subject to change as provided in the rules and regulations. The fees and charges shall
be recommended by the Public Works Department and approved by resolution of the Council.
(Code of Iowa, Sec. 5231..310)
33.5 RULES AND REGULATIONS.
Rules and regulations for the cemetery may be adopted,and may be amended from time to
time,by resolution of the Council and may cover such things as the use,care, control,management,
restrictions and protection of the cemetery as necessary for the proper conduct of the business of the
cemetery. The rules shall specify the cemetery's obligations in the event that interment spaces,
memorials,or memorialization are damaged or defaced by acts of vandalism.
(Code of Iowa, Sec. 5231..304) "
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. If any section,provision or part of this ordinance shall be adjudged invalid or unconstitutional,
such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
Section 4. Violation of this ordinance shall be a municipal infraction punishable by a penalty of$500 for a
first offense and$750 for each repeal violation.
Section 5. This ordinance shall be effective from and after the final passage, approval and publication as
provided by law.
Passed and approved this 16`' day of December ,2008.
Diane R. Voss,City Clerk XZn H. Campbell,Mayor
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