Rules & Regulations

Bainbridge Municipal Code on Cemeteries

Chapter 18 - CEMETERIES

Sec. 18-1. - Sale of lots.
No cemetery lot shall be deeded or contracted to any person under any circumstances without the payment of the price therefor in advance.

(Code 1981, § 7-14; Code 1992, § 6-28)

Sec. 18-2. - Burial permit—Required.
Any person desiring to inter the remains of a dead person within the city limits is hereby required to obtain a permit from the city prior to the burial. The permit fee required shall be set by the mayor and board of alderman and kept on file in the office of the city manager. In order to obtain such permit it shall be necessary that the person exhibit to the city a deed to the property to be used for such purpose. In no event, however, shall a permit be issued for a burial on any property that has not been approved by the mayor and board of aldermen after public hearing for such use. The public hearing shall be advertised and conducted as required in the Bainbridge Zoning Ordinance for special permission request.

(Code 1981, § 7-15; Code 1992, § 6-29; Ord. No. 561, § 1, 9-7-1999; Ord. No. 577, § 1, 10-2-2001)

Sec. 18-3. - Same—Application.
As a matter of administration an application for a burial permit shall be made and the deed shall be exhibited to the city clerk who, after receiving proper authority therefor, shall issue the permit.

(Code 1981, § 7-16; Code 1992, § 6-30)

Sec. 18-4. - Disinterment, removal of human remains; permission required.
No human remains shall be disinterred or removed from any place in the city without permission from the county board of health and a permit issued by the city. A fee in the amount established by resolution and on file with the city clerk shall be paid to the city prior to the issuance of such a permit.

(Code 1981, § 7-17; Code 1992, § 6-31)

Sec. 18-5. - Unauthorized entry.
It shall be unlawful for any person to climb, jump or go through or over the fence of the cemetery, or enter the cemetery in any manner except through the gate.

(Code 1981, § 7-19; Code 1992, § 6-33)

Sec. 18-6. - Times of admittance.
It shall be unlawful for any person to remain in any of the city cemeteries after sundown, nor shall anyone be allowed to enter therein before sunup.

(Code 1992, § 6-34)

Sec. 18-7. - Deeds.
Cemetery deeds issued by the city in any of the city's cemeteries shall be nontransferable. Any cemetery lot sold by an individual or company must be sold back to the city at the same price as the individual or company paid the city for the lot when said lot was purchased from the city. The selling of city owned cemetery lots by any person other than the authorized agent of the city shall be prohibited.

(Code 1992, § 6-35; Ord. No. 518, § 1, 9-5-1995)

Sec. 18-8. - Subdivision of plots.
The subdivision of plots by any person shall be prohibited and no person shall be buried in any plot not having interest therein except by written consent of all parties interested in the plot.

(Code 1992, § 6-36; Ord. No. 518, § 2, 9-5-1995)

Sec. 18-9. - Schedule of charges.
The cost of a burial space in any of the city cemeteries shall be such an amount as determined by the mayor and city council from time to time. A list of said charges shall be kept on file at the office of the city manager.

(Code 1992, § 6-37; Ord. No. 518, § 3, 9-5-1995)

Sec. 18-10. - Recording of deeds.
It shall be the duty of the city clerk to keep a docket in which shall be recorded the city's title to the city's cemeteries and all titles granted. Such titles shall be recorded within three days after they have been issued and the docket shall have a numerical index as to cemetery block and lot number, as well as a name index as to the purchaser of said block and lot.

(Code 1992, § 6-38; Ord. No. 518, § 4, 9-5-1995)

Sec. 18-11. - General appearance.
Persons owning lots or single grave spaces in any of the municipal cemeteries are required to keep said lots or single grave spaces properly cut and trimmed. Otherwise, the city shall have the right to enter upon said lots or single grave spaces and remove shrub, fences, or any planted flowers, eliminate grave mounds, and cut high growth or grass that impairs the overall beauty and dignity of the cemetery. The cost shall be assessed to the owner, if known. When it is necessary for the city to enter said lots or single grave spaces to perform such work, the city shall not be liable for any damage to property or monuments located on said lots or single grave spaces.

(Code 1992, § 6-39; Ord. No. 518, § 5, 9-5-1995)

Sec. 18-12. - Placement of coping prohibited.
The placement of coping and/or curbing in any newly opened area in any of the city's cemeteries shall be prohibited. Any coping placed in said newly opened cemetery areas designated by the city shall be removed at the expense of the owner.

(Code 1992, § 6-40; Ord. No. 518, § 6, 9-5-1995)

Sec. 18-13. - Excess soil to be removed.
All excess soil from opening and closing graves must be removed by the person authorized to perform such work and disposed of. The disposition of the excess soil shall not be the responsibility of the city. Excess soil from the opening and closing of graves shall not be deposited on any adjoining cemetery lot, road, drive, or walkway within the cemetery.

(Code 1992, § 6-41; Ord. No. 518, § 7, 9-5-1995)