Chapter 5

1. Purpose: This section pertains to all persons engaged in the sale of pre-need cemetery merchandise contracts and all cemetery companies. A cemetery company includes any person who conducts a business for the purpose of a burial park of earth interment, and includes municipal burial associations which is construed by the office of the attorney general to mean the City of Mayfield, Kentucky.
2. Registration: All cemetery companies must register with the attorney general's office by paying a one-time registration fee of fifty dollars ($50.00). Every cemetery in business as of July 13, 1984, must register with the attorney general's office before January 3, 1985.
3. Annual report and records: Every licensee will be required to file an annual report on a form provided by the attorney general's office. Licensees are required to maintain a cash receipts journal, cash disbursement journal (which may be a checkbook for the bank account), a reconciliation done at least every twelve months and documentation files containing the pre-need burial contracts. The deed record will be sufficient documentation for the contract.

(Ord. No. 23-84, §§ 1, 2, 5, 1-14-85; Ord. No. 8-85, § 1, 8-26-85)
   State law reference--- Similar provisions, KRS Ch. 267.

    It shall be unlawful for any person to commit any trespass upon the grounds or improvements of any of the city cemeteries, or to unnecessarily loiter therein or to drive or park any vehicle of any kind therein while the parties so driving or parking are not engaged in any necessary business in the cemetery.
(Ord. of 12-18-22, § 1)
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   *Editor's note--- Ord. No. 23-84, §§ 1-7, adopted January 14, 1985, and amended by Ord. No. 8-85, § 1, adopted August 26, 1985, pertained to cemetery operations and was not specifically amendatory of the Code. For purposes of classification and in order to keep related material together, the editor has designated the provisions of said ordinance as follows: §§ 1, 2, 6 as § 5-1; § 3 as § 5-16; § 4 as § 5-19; § 7 as § 5-20. Existing Code sections, in order to accommodate the new material, have been redesignated as follows: §§ 5-1---5-5 as §§ 5-11---5-15; §§ 5-6, 5-7 as §§ 5-17, 5-18; § 5-8 as § 5-2. Section 5 of Ord. No. 23-84 was repealed by § 1 of Ord. No. 8-85.

State law referenced--- Protection of burial grounds by cities, KRS 381.690.

Supp. 6                                                                             241

§ 5-3                                                                        Mayfield Code

    A portion of Oak Rest Cemetery known as the Old Oak Rest Cemetery, located on the north side of Charity Street and the west side of Grace Street, shall be closed to all except those who have documented proof of ownership of a gravesite and that the gravesite is unoccupied.
(Ord. No. 9-92, § 1, 4-13-92)
   Editor's note--- Ord. No. 9-92, § 1, adopted April 13, 1992, has been included herein at the discretion of the editor as § 5-3.

    The city cemeteries covered by a perpetual care clause at the expense of the city, which are Maplewood Cemetery, Highland Park Cemetery, and Oak Rest Cemetery, are subject to the following regulations and restrictions in order that the maintenance of said cemeteries may be kept at a reasonable rate and so that the beautification and order of said cemeteries may be maintained:

1. No trees shall be planted in these cemeteries except under the direction of the public works supervisor.
    
2. All evergreens and hedges or bushes of any type must be planted only upon approval of the public works supervisor to assure their proper location and to prevent over-planting, thereby hindering the upkeep of said cemeteries. Also, the bushes, evergreens or hedges of any type shall be trimmed and pruned to an approximate height of four (4) feet: If the owner of said lot does not do this, the public works supervisor shall have the authority to do so and may remove or transplant said plants if need be to maintain and beautify said cemeteries.
    
3. All graves in all cemeteries shall be kept flat without and mounds.
    
4. No curbs, fences, or any type of construction shall be done around the border of lots in said cemeteries.
    
5. The four (4) corners of each lot may be marked by corner stones of any type, but must be kept level with tip of ground to ensure ease of mowing grass.
    
6. The daily maintenance, care, and embellishment of the cemeteries is under the supervision of the public works supervisor.

(Ord. of 6-12-67, § 8; Ord. No. 2384, § 3, 1-14-85; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93; Ord. No. 6-94, § 1, 6-13-94)
    Editor's note--- This section, originally codified as § 5-1 (see editor's note to Ch. 5), has been treated as being amended by Ord. No. 23-84, § 3, adopted January 14, 1985. The first sentence of § 3 in said ordinance contained similar provisions as § 5-11 (formerly § 5-1), and has been omitted at the editor's discretion. The second sentence has been incorporated as paragraph (6) of § 5-11. The remainder of the section has been included as § 5-16 hereof.

Supp. No. 6                                                                           242
 

                                                                                      CEMETERIES                                                             § 5-17

    Editor's note--- Ord. No. 6-94, § 2, adopted June 13, 1994, deleted former § 5-12 of the Code, which pertained to cemetery organization and the cemetery sexton and derived from Ord. No. 4-89, § 1, adopted March 13, 1989.

    All monuments henceforth placed in Maplewood Cemetery, Highland Park Cemetery, and Oak Rest Cemetery shall be of the type made and sold by a firm doing this type of business and meeting all city requirements as to licenses and fees (including occupation license) and no makeshift or homemade monuments shall be erected in these city cemeteries.
(Ord. of 6-12-67, § 5; Ord. No. 4-89, § 1, 3-13-89)

    All foundations for monuments shall be prepared by any monument company under the direction of the public works supervisor. These foundations are not to be less than twenty-four (24) inches deep to prevent freezing or crumbling. The public works supervisor is to locate the place where the foundation is to be laid and to inspect the foundation being poured to see that the above requirements are being met.
(Ord. of 6-12-67, § 6; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93; Ord. No. 6-94, § 3, 6-13-94)

    All persons pouring concrete for the foundation for monuments or tombstones and all persons erecting tombstones or monuments previously erected at each cemetery, and in the event any damage is done to any tombstone or monument in connection with pouring the foundations or erecting tombstones or monuments the person so causing said damage shall replace and repair in as good condition as it formerly was the monument or tombstone so damaged.
(Ord. of 6-12-67, § 7)

The price of a burial space in all City of Mayfield Cemeteries shall be five hundred dollars ($500.00).
(Ord. of 6-12-67, § 2; Ord. of 3-25-74, § 2; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93; Ord. No. 6-94, § 4, 6-13-94)

The office of the city clerk shall collect for each gravesite sold, the amount due for said gravesite according to the schedule of prices for gravesites listed in section 5-15 of this chapter, and for each contract/deed prepared there shall be a filing fee collected of five dollars ($5.00).
(Ord. No. 23-84, § 3, 1-14-85; Ord. No. 8-85, 8-26-85; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93)

Supp. No. 6                                                             243
 

§ 5-18                                                             MAYFIELD CODE

    The fee for opening and closing of all graves in the Maplewood Cemetery, Highland Park Cemetery, and the Oak Rest Cemetery shall be as follows:

1. Monday through Friday, three hundred and fifty dollars ($350.00) per grave; on weekends and national holidays, namely New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and or holidays designated by the City of Mayfield, all graves shall be four hundred fifty dollars ($450.00) per grave.
    
2. Graves for columbariums shall be one hundred dollars ($100.00) at all times.
    
3. The funeral home shall be responsible for ensuring the city receives payment from the parties involved, for all opening and closing fees, either prior to or at the time of burial excluding those cases involving a charity burial. Those cases involving a charity burial shall include such costs in the installation contract with the city or as otherwise provided for in section 5-19.
    
4. This money, when received by the public works supervisor, shall be remitted daily to the city clerk who shall acknowledge custody of the funds by issuance of a receipt.

(Ord. of 6-12-67, § 4; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93; Ord. No. 6-94, § 5, 6-13-94)

1. All records pertaining to Maplewood Cemetery, Highland Park Cemetery and Oak Rest Cemetery shall be kept by the public works department, but shall be under the control of the city clerk and shall be property of the city.
    
2. All deeds for the lots heretofore mentioned shall be signed, executed and acknowledged for and on behalf of the city by the city clerk; and the city clerk shall collect and receive payments for all lots sold in the above named three (3) cemeteries for and on behalf of the city and/or graves opened or closed.
    
3. All burial plots purchased at the time of need shall be for cash only.
    
4. All payments on burial plots are to be made at the office of the city clerk.
    
5. Grave spaces purchased in advance may be financed for up to twelve (12) months, with one-third (1/3) of the purchase price as down payment, and with the balance being paid in three equal installments or at the time of need, whichever comes first.
    
6. A contract shall be entered into for all sales of grave spaces to be financed for a period of time. Each contract shall designate the amount of debt, the length of the indebtedness and the terms of payment. Deeds for spaces purchased in this manner shall be issued at the completion of the contract.
    

   Supp. No. 6                                                                 244

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                                                                           CEMETERIES                                                                         § 5-21

    

7. In the instances of charity burials, a relative or other individual shall sign an installation agreement, not to exceed twelve (12) months, to pay for said services, which include the sale price for grave spaces, grave openings, and digging fees, and any other expenses incurred by the city. If a relative or other individual is unable to pay for said services they shall sign an agreement stating that if circumstances should change regarding the financial status of the deceased individual(s), that payment of the indebtedness will be made.
    
8. The deed for any burial space(s) with outstanding indebtedness shall be held by the city clerk, and no monument or other grave space marking shall be permitted to be installed until such time as full payment for all related burial services owed to the city is made.
   (Ord. of 6-12-67, § 3; Ord. No. 4-89, § 1, 3-13-89; Ord. No. 34-92, § 1, 2-8-93; Ord. 7-93, § 1, 4-12-93; Ord. No. 6-94, § 6, 6-13-94)
   
    

Sec. 5-20. Perpetual care and maintenance trust fund. 

1. All cemetery companies required to register and which sell grave spaces are required to establish a perpetual care and maintenance trust fund account in a financial institution. A financial institution includes a bank or savings and loan association authorized to do business in Kentucky. This trust fund is an irrevocable trust fund. The income of the funds shall be used solely for general care, maintenance and embellishment of the cemetery, and to pay the cost of examinations by the attorney general's office.
    
2. The trustee is the financial institution and it may release income to the cemetery upon receiving adequate certification that money has been spent for the authorized purposes. The agent has the authority to transfer the funds to another trustee upon notification to the attorney general. In any transfer, the former trustee will transfer the funds directly to the newly designated trustee.

(Ord. No. 23-84, § 4, 1-14-85; Ord. No. 4-89, § 1, 3-13-89)