HomeMy Public PortalAbout493CITY OF MEDINA
ORDINANCE NO.493
AN ORDINANCE ADDING SECTION 530 TO THE CITY CODE
ESTABLISHING THE GERMAN LIBERAL CEMETERY AND
REGULATING THE MAINTENANCE THEREOF
The City Council of the City of Medina Ordains as follows:
Section 1. Section 530 is added to the Code of Ordinances as follows:
Section 530.00 German Liberal Cemetery Ordinance
Subd. 1. Definitions.
(a) Burial Permit. Legal written permission for burial to occur.
(b) Burial Vault. A container that houses a casket for final Interment in the
Cemetery.
(c)
Cemetery. The entire tract of land owned by the City of Medina for
Cemetery purposes located at 2695 Hamel Road/County Road 115, and as
legally defined as:
Parcel 1: 16-118-23-12-0001
That part of Section 16, Township 118, Range 23, described as follows: Begmning at a point 26.93
chains West of the Northeast comer of said section 16; thence South 1.96 chains; thence West 3.17
chains; thence North 1.96 chains to section line; thence Fast 3.17 chains to the place of beginning,
according to the United States Government Survey thereof and situate in Hennepin County,
Minnesota.
Parcel 2: 09-118-23-43-0001
That part of Section 9, Township 118, Range 23, described as follows: Beginning at a point 26.93
chains West from the Southeast corner of said section 09; thence North 1.21 chains; thence West
3.17 chains; thence South 1.21 chains; thence Fast 3.17 chains to the point of beginning, except
road, according to the United States Government Survey thereof and situate in Hennepin
County, Minnesota.
Abstract Property
(d) Cemetery Custodian. The City contracted service provider assigned to
oversee the maintenance and operations of the Cemetery.
(e) City. The City of Medina, Minnesota, owning and controlling the
Cemetery.
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October 5, 2010
(f) Columbarium. Above -ground structure repository composed of niches to
hold cremation urns.
(g) Cremains. The ashes of a cremated human body.
(h) Disinterment. To exhume the remains of the deceased.
(i) Interment. Disposition of human remains or Cremains by burial or
entombment.
(j) Gravesite. Designated parcel, either traditional and/or cremation, 39
inches wide and 108 inches long, within the Cemetery for purposes of containing
the remains of the deceased.
(k) Mausoleums. An external free-standing building enclosing the Interment
space or burial chamber of a deceased person or persons.
(1) Memorial. A Monument, Marker, or large urn (marked or unmarked).
(m) Monument. A Memorial that extends above the surface of the lawn.
(n) Marker. A Memorial of granite or other approved material inscribed with
the name of the deceased and other pertinent information that does not extend
above the surface of the lawn.
Subd. 2. Establishment. A Cemetery has been established and is continued upon land
owned by the City of Medina, Minnesota, and described as German Liberal
Cemetery, City of Medina.
Subd. 3. Sale of Gravesites. The prices of Cemetery Gravesites and services will be set
by ordinance of the City Council. Any person paying for a Gravesite is entitled to
a license agreement conveying the Gravesite. A license agreement conveying a
Gravesite gives the purchaser only the right of burial therein and shall be
considered as a license that restricts the use to burial purposes.
Subd. 4. Conditions of Gravesite Purchase. All Gravesite license agreements are
subject to reasonable rules and regulations as the Council may adopt from time to
time relative to the use of the Cemetery. No Gravesite shall be used for any
purpose other than the burial of human remains and the placing of Memorials as
permitted by this ordinance or any additional regulation that the Council may
provide.
Subd. 5. Handling of Funds. All money received from the sale of Gravesites and other
services must be paid to the City treasurer. No Gravesite license agreement to any
Cemetery Gravesite shall be issued, nor any Cemetery service performed until a
receipt showing payment to the City of the cost thereof is exhibited to the person
Ordinance No. 493 2
October 5, 2010
who issues the deed or performs the services. Money received from the sale of
Gravesites and performance of services shall be placed in a City special revenue
fund to be used only for the maintenance and improvements of the Cemetery. The
treasurer shall keep an account of all receipts and disbursements of money
belonging to the Cemetery funds and shall pay money out of the funds as
approved by the City Council.
Subd. 6. Burial Permits. Before any Interment, a burial permit shall be obtained from
the funeral home or State Registrar of Vital Statistics. No Interment shall be made
unless the City is notified and a copy of such burial permit is filed with the City.
Subd. 7. Burial Vaults. Burial Vaults are required for all remains. All caskets must be
encased in a permanent type burial case or vault. Fiberglass vaults are prohibited.
Classification of vault sizes which affect combinations allowed in a Gravesite are
as follows:
(a) Adult vault — up to thirty-four (34) inches wide and ninety (90) inches in
length
(b) Child vault — twenty-five (25) inches to forty-eight (48) inches in length
(c) Infant cherub — twenty-four (24) inches and under in length
(d) Urn vault — twenty-four (24) inches wide and twenty-four (24) inches long
and under
Subd. 8. Interments. Permission in writing from a Gravesite owner must accompany all
requests for permission to bury bodies of persons that are not members of the
immediate family of the Gravesite owner. A11 excavations shall be made under the
direction of the Cemetery Custodian. When Gravesites are requested to be dug by
the Custodian or his/her agents, at least twenty-four (24) hours notice shall be
given, and the outside dimensions of the vault to be used and the location shall be
specified. No Interment may be made in the Cemetery unless all laws, ordinances,
rules, and regulations regarding Interments have been complied with and the
purchase price of the Gravesite and all burial fees are paid. The following
combinations are permitted in any given Gravesite:
(a) One adult vault
(b) One adult vault and up to two infant cherubs
(c) One adult vault and up to two urns
(d) Up to two child vaults
(e) One child vault and up to two infant cherubs
(f) One child vault and up to two urns
(g) One child vault, one infant cherub, and one urn
(h) Up to three infant cherubs
(i) One infant cherub and up to two urns
(j) Up to three urns
Ordinance No. 493 3
October 5, 2010
Subd. 9. Funeral Supervision. All funerals, on reaching the Cemetery, shall be under
the supervision of the Cemetery Custodian. Serving of food or beverages in the
Cemetery is prohibited.
Section 10. Disinterment And Removal. (a) Before any Gravesite may be opened,
written permission of the Gravesite owner and the next of kin shall be filed with
the City, a permit from the county health officer shall be secured and presented,
and the required fees paid. This provision does not apply when Disinterment is
ordered by a duly authorized public authority.
(b) Removal of a body by the heirs so that the Gravesite may be sold for
profit, or removal contrary to the expressed or implied wish of the original
Gravesite owner is forbidden.
(c) A body may be removed from its original Gravesite to a different
Gravesite in the Cemetery when there has been a purchase for that purpose.
(d) The City shall assume no liability for damage to any casket or burial case
in making the Disinterment and removal.
Subd. 11. Transfer Of Gravesites. No Cemetery Gravesite or fractional Gravesite may
be transferred, conveyed, or disposed of by sale, will, trust or otherwise except in
accordance with Minn. Stat. sections 306.15 and 306.29.
Subd. 12. City Repurchase Of Unused Cemetery Gravesite. A Gravesite owner may
sell his or her unused Gravesite back to the City. The City may, at its option,
repurchase the Gravesite at fifty (50) percent of the original cost.
Subd. 13. Conduct Of Persons In The Cemetery. (a) No person may discharge any
firearm within the Cemetery grounds, with the exception of federally recognized
holidays, ceremonial burials, or without written permission of the City.
(b) No person may remove any object from any place in the Cemetery or
make any excavation without the written permission of the Custodian.
(c) No person may obstruct any drive or path in the Cemetery or in any way
injure, deface, or destroy any structure, gravesite, flower, tree, or other thing in
the Cemetery.
(d) No person may drive any vehicle at a speed exceeding ten (10) miles per
hour.
(e) No person may disturb the quiet of the Cemetery by noise or improper
conduct of any kind.
Ordinance No. 493 4
October 5, 2010
(f) No person may enter or leave the Cemetery except at the entrance
provided.
(g) No person may use the Cemetery grounds or any road therein as a public
thoroughfare, nor drive any vehicle through the Cemetery grounds except for
purposes relating to the Cemetery.
(h) Children shall not be permitted to engage in playing within Cemetery
grounds, and children under ten (10) years of age shall not be admitted to the
grounds unless accompanied by an adult, who shall be responsible for their
conduct while therein.
(i) Animals must be on a leash and under control at all times.
Subd. 14. Monuments, Markers and Large Urns. (a) All Monuments and large urns
are prohibited within the Cemetery grounds, with the exception of Monuments in
place prior to the City taking ownership of the Cemetery may remain.
(b) All Markers shall be placed on the west end of the Gravesite to ensure all
Markers are in a straight line, or as directed by the Custodian.
(c) No Marker may be placed unless the location has been approved by the
Custodian and the full purchase price of the Gravesite has been paid.
(d) Markers must be constructed of granite, marble, or bronze material.
(e) A maximum of three (3) Markers is allowed on a single Gravesite.
(f) Single Markers, including the border and foundation, shall consist of one
piece and shall not be more than 36 inches in width and must be flat and level
with the ground. These restrictions shall not apply to markers provided by the
federal government.
(g) If a single Marker is used over two or more Gravesites, a margin of 11/2
inches must be allowed on either side.
(h) The City is not responsible for the purchase, installation, maintenance, or
replacement of any Marker.
Subd. 15. Foundations. All Markers shall be placed on foundations of solid masonry at a
depth and size to be determined by the Cemetery Custodian. The top of all
foundations shall not be higher than two inches below the established grade. The
City reserves the right to excavate and build all foundations.
Subd. 16. Installation Of Markers. Upon placement of an order for a Marker, the
Gravesite owner or Marker salesperson shall furnish the dimensions of the
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October 5, 2010
proposed Marker to the Cemetery Custodian, who in turn will authorize the
construction of the foundation, and all charges must be paid before the Marker is
placed thereon.
(a) Persons engaged in placing Markers shall provide adequate planking to
protect turf and shall remove all materials, equipment, and refuse immediately
upon completion of the work.
(b) Scattering of materials on adjoining Gravesites, or leaving materials on the
ground longer than absolutely necessary is prohibited. In all cases the work is
subject to the control of the Cemetery Custodian and work must be conducted
within the regulations of the Cemetery.
Subd. 17. Mausoleums. Mausoleums are prohibited within the Cemetery grounds.
Subd. 18. Columbarium Niches. Columbarium Niches are prohibited within the
Cemetery grounds.
Subd. 19. Decoration Of Gravesites. (a) Fresh cut flowers, potted plants, and
artificial flowers are permitted from April 1 to October 31 and must be placed in a
flower pot mounted in a single staked iron cemetery stand of standard size and
sturdiness. No trees or vines may be planted, nor may fences be erected. The City
reserves the right to remove any tree, shrub, vine, plant, or flower that may
become unsightly, dangerous, or not in keeping with the landscape design of the
Cemetery. Planting directly into the ground is prohibited, except in designated
garden areas. The City shall not be responsible for damaged, lost, or misplaced
flower pots or cemetery stands.
(b) Evergreen wreaths and winter artificial decorations may be placed from
November 1 to March 31 and must be securely staked to avoid blowing or
tipping.
(c) For grounds keeping purposes, the placing of ornaments, decorations,
shepherd's hook plant stands or inappropriate containers such as glass jars or
coffee cans shall not be permitted on the ground, and if so placed, the City may
remove the same. Decorations or ornaments shall be allowed in a flower pot in a
single staked iron cemetery stand of standard size and sturdiness, as long as they
do not become unsafe or unsightly. Solar lights, balloons, lanterns, wind chimes
and other items which are designed or intended to emit light or sound or which
move by wind, mechanical or electrical power are prohibited and subject to
immediate removal.
(d) The City reserves the right to remove all Monuments, Markers, flowers,
plants, trees, decorations, or other similar things without liability to the owner
whenever any of these objects become unsafe, unsightly, or are in violation of the
Cemetery decoration policy.
Ordinance No. 493 6
October 5, 2010
(e) Any items to be saved must be removed before the spring or fall deadline
to allow for spring and fall cleanup.
Subd. 20. Hours. The Cemetery will be open to visitors from sunrise to sunset each day.
Permission to enter at other times may be secured from the Custodian.
Subd. 21. Penalty. Any person violating any provision of this ordinance is guilty of a
misdemeanor.
Section 22. This ordinance shall become effective upon its adoption and publication.
Adopted by the City Council of the City of Medina this 5`h day of October, 2010.
mt'
T.M. Crosby,Jr.a T.M. Crosby, Jr. a r
ATTEST:
Chad M. Adams, City Administrator- Clerk
Published in the South Crow River News this 22nd day of October, 2010.
Ordinance No. 493 7
October 5, 2010