Section 6-18. Cemetery Board of Trustees.
There is hereby created a Board of Cemetery Trustees for the Town of Tryon. The Board shall consist of three (3) members. The term of each member shall be six (6) years, except that when the Board is first appointed, one member shall serve a term of two (2) years, one member shall serve a term of four (4) years, and one member shall serve a term of six (6) years. Members of the Board shall be appointed by the Town Board of Trustees, who shall also designate the terms of the initial appointees.
Section 6-19. Power and Duties of Trustees.
- The Board of Cemetery Trustees shall have charge of and control of the Municipal Cemetery. The Board of Cemetery Trustees shall be authorized to make rules and regulations governing the management, improvement, and establishment of the Cemetery. The Board of Cemetery Trustees shall be authorized to fix the price for which lots shall be sold or for which an interment shall be made. The Board of Cemetery Trustees shall appoint all officers necessary for the control and management of the Cemetery including a Cemetery superintendent, to be known as a Sexton. This power of appointment to be subject to the approval of the Town Board of Trustees.
- The Board of Cemetery Trustees shall pass all necessary and needful rules and regulations protecting and governing the municipal cemetery, the ownership of lots therein, visitors therein, and shall be authorized and have power to fix the price for which lots shall be sold or for which an interment shall be made. Prices may be adjusted by motion or resolution of the Board. Said board shall appoint all officers and employees necessary for the purpose of control and management of said cemetery and fix their compensation.
- It shall be further be the duty of said Board of Cemetery Trustees to care for and protect the grounds and their appurtenances, enforce the rules and regulations, to provide for repairs and construction of improvements and the maintenance of all permanent improvements and embellishments of any kind which tend to beautify such cemetery or preserve it permanently as a place of burial of the human dead.
Section 6-20. Receipts and Collections.
All monies received by the Board of Cemetery Trustees shall be paid to the Municipal Treasurer who shall deposit the same in the General Fund of the Town of Tryon.
Section 6-21. Perpetual Care Fund.
Twelve and one-half percent (12.5%) of all monies received from the sale of lots and interments shall be segregated and set aside as a permanent fund to be known as the “Tryon Cemetery Care Fund”. The principal may be expanded for purchasing land for Cemeteries and for making capital improvements. The balance of the Fund may be invested as provided by law and the interest to be used for the same purpose as the principal or in improving, caring for, and embellishing the lots, walks, drives, parks, and other necessary improvements on the Cemetery.
Section 6-22. Injury to Property.
It shall be unlawful and an offense for any person to scar, injure, deface, mark, damage, or destroy any monument or property in a cemetery in the Town of Tryon or in any cemetery which is the property of the Town of Tryon. It shall be unlawful and an offense for any person to remove any flowers, trees, shrubs, or other plants, or in any manner injure or harm the same in said cemeteries. Any act committed within the Town Cemetery, in violation of any published rules and regulations of the Board of Trustees shall be an offense against the Town ordinances. Any act, which is an offense as defined by the town ordinances, shall be an offense against the Town of Tryon when committed within the municipal cemetery. Any person committing an offense as defined in this section or any other provisions of this chapter shall upon conviction be punished accordingly.
Section 6-23. Conduct in Cemeteries.
No person shall:
- Enter a cemetery except through established gates.
- Throw rubbish or debris on walks or drives or any part of cemetery grounds.
- Pick or mutilate any flowers, either foreign or domestic, or disturb any trees, shrubs, or other plants.
- Consume alcoholic beverages within a cemetery or carry same on the premises.
- Permit any dog to enter or remain in a cemetery.
- Discharge any firearms or air rifles in or adjacent to a cemetery. This regulation shall not apply to any authorized volleys at burials.
Section 6-24. Financial Responsibility of City for Property Damage.
The Town shall not be responsible for any damage to lots, structures, or objects thereon, or for flowers or articles removed from any lot or grave.
Section 6-25. Traffic Regulations.
All traffic laws of the Town of Tryon that are applicable to the operation of vehicles in cemeteries shall be strictly observed. Persons driving in cemeteries shall be responsible for any damage done by the vehicle in the driver’s charge. Persons shall likewise be responsible for any damage done by animals in their control.
In addition, no person shall:
- Drive a vehicle in excess of fifteen (15) miles per hour on any cemetery road.
- Drive off the established roads unless permission is given in writing by the Sexton of the cemetery.
- Make a U-turn on cemetery roads.
- Use a cemetery road as a public thoroughfare.
Section 6-26. Disinterment and Removal.
Disinterment and removal of a body shall not be made without the permission of the Sexton of the Cemetery, the lot owner, or the next of kin of the deceased. Graves shall not be opened for inspection except for official investigation according to the statutes of the State of Oklahoma and the rules and regulations of the Oklahoma State Health Department.
Section 6-27. Reports.
The Board of Cemetery Trustees shall, on the first Monday in January and July in each year, make a full report to the Tryon Board of Trustees of all lots sold, interments made, and monies received and expended by the Board in and about the Cemetery.
Section 6-28. Violations.
Any violation of any of the provisions of this article shall be deemed a misdemeanor, and upon conviction shall be punishable by a fine of not more than five hundred dollars ($500.00) excluding costs. Any person, firm, corporation, or association which violates or refuses to comply with any of the provisions contained herein shall be punished by a fine of not more than five hundred dollars ($500.00) excluding costs for each separate offense. Each day that a violation occurs shall constitute a separate offense.