Section
96.01 Title
96.02 Purpose and intent
96.03 Definition
96.04 Sale of cemetery plots and transfer of plots
96.05 Purchase price for cemetery plots; indigent burials
96.06 Grave opening charges
96.07 Markers or memorials; no monuments
96.08 Interment regulations
96.09 Disinterment
96.10 Winter burials
96.11 Cremains
96.12 Grounds maintenance
96.13 Disclaimer of town liability and responsibility
96.14 Forfeiture of vacant cemetery plots or burial spaces
96.15 Repurchases of plots or burial spaces
96.16 Records
96.17 Vaults
96.18 Cemetery hours
96.19 Prohibited uses and activities
96.20 Authority of the town
96.21 Fees
96.22 Applicability of this chapter
96.23 Interpretation/appeals to the Town Council
96.24 Authority of the town to remove unauthorized or unlawful items from Maple Grove Cemetery
96.25 Town officials who can enforce this chapter
The Argos Town Council recognizes and concludes that the proper and reasonable maintenance, appearance and use of the cemetery or cemeteries owned or controlled by the town is an important function of the government of the town. It is also important that burials, disinterment and other matters associated with a municipal cemetery are handled in a respectful and proper way in order to promote the safety, public health and general welfare of the community. The Town Council finds that the adoption and enforcement of this chapter is in the best interests of the property owners and residents of the town.
(Ord. 2023-06, passed 4-19-2023)
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CEMETERY PLOT. Shall consist of an area in Maple Grove Cemetery sufficient to accommodate one full burial space for one deceased person. It shall consist of a land area at least 40 inches wide and 96 inches in length.
(Ord. 2023-06, passed 4-19-2023)
(A) After the effective date of this chapter, cemetery plots shall be sold by the town for the purpose of burial for the purchaser of a cemetery plot, or his or her immediate family. No sale shall be made to funeral directors or others.
(B) All sales and transfers of cemetery plots will be administered through the Clerk-Treasurer's office using a form approved by the Town Council and signed by the designated town official, which grants a right of burial only and does not convey any other title or right to the cemetery plot or burial space sold. Such forms shall be signed by the Town Clerk-Treasurer or Deputy Town Clerk-Treasurer.
(C) At the time of purchase from the town, each cemetery plot shall be assigned the name of the specific person (if available) who shall be interred in that cemetery plot upon death. If the owner of a cemetery plot desires to effectuate a name change regarding the assigned cemetery plot, that person must present the originally issued deed along with a letter stating whom and how many plots are to be transferred. At that time, the current fee for recording must be paid for each deed that is to be reissued. The fee will be listed in the most recent cemetery fee schedule resolution.
(D) The fee needed to record the deed information with the Marshall County Recorder's Office is included in the price of the cemetery plot. The Clerk-Treasurer's Office will be responsible for recording the deed prior to it being issued. Once recorded, the deed will be mailed, so a mailing address will be required at the time the plot is purchased.
(E) Cemetery plots may be sold back for the original purchase price to the town. Any plot sold back to the town that is located in the "older sections" of Maple Grove (plot numbers between 1 and 999) may or may not be available for resale. The Town Council will be responsible for that determination.
(F) The Town Council shall have the authority to place a limit on the number of cemetery plots sold to a particular person, as well as such person's family and relatives. Furthermore, the town shall have the absolute right and discretion to determine whether a particular cemetery plot or plot(s) will be sold to a specific person and where such cemetery plot or plots will be located within the town cemetery. Such decision shall be based upon reasonable factors, including, but not limited to, the number of vacant cemetery plots available and whether family or relatives of the person seeking to purchase a cemetery plot or plots are buried adjacent or nearby the cemetery plot or plots requested.
(G) The town shall have the right to correct any errors that may be made concerning interments, disinterment, or in the description, transfer or conveyance of any cemetery plot, either by canceling the permit for a particular vacant cemetery plot or plots and substituting and conveying in lieu thereof another vacant cemetery plot or plots in a similar location within the cemetery at issue or by refunding the money paid for the cemetery plot to the purchaser or the successor of the purchaser. In the event that an error involves the interment of the remains of any person, the town shall have the right to remove and transfer the remains so interred to another cemetery plot in a similar location in the same cemetery in accordance with law.
(H) The owner of every cemetery plot shall be responsible for notifying the town whenever that person's mailing address or contact information changes.
(Ord. 2023-06, passed 4-19-2023)
(A) The fee will be listed in the most recent cemetery fee schedule resolution. The lawful owner of any cemetery plot within the cemetery shall promptly provide the Clerk-Treasurer's office with any change in that owner's mailing address.
(B) All charges shall be paid to the Clerk-Treasurer.
(C) A payment contract may be signed for purchasing a cemetery plot. Regular payments must be made (no longer than 30 days lapse between them) on the contract and it must be paid in full within six months. If these conditions are not met, the contract will become void. If the contract is deemed void, the plot will then be forfeited and will then be made available for purchase again and all payments made up to that time will also be forfeited.
(D) The Town Council may waive some or all fees for the burial of indigent persons.
(E) The Town Council may by resolution periodically alter the foregoing fees to accommodate increased costs and needed funds for cemetery maintenance and acquisition.
(Ord. 2023-06, passed 4-19-2023)
(A) The town may charge reasonable fees for the opening and closing of any cemetery plot, prior to and following a burial therein, and including the interment of ashes. Such fees shall be set as Attachment A to Ord. 2023-06, payable to the Town of Argos.
(B) No cemetery plot shall be opened or closed except under the direction and control of the town or a funeral director. This division (B) shall not apply to any grave opening, disinterment, or similar matter which is done pursuant to a valid court order or under the supervision and direction of local or state health department authorities; however, even in such cases, the town shall be given at least 24 hours' prior notice of when such grave opening or closing will occur.
(C) Fees for opening and closing for any type of burial must be paid in advance before interment unless the service is conducted by an established funeral home that has included that fee as part of the service.
(D) The Town Council will designate who is allowed to perform openings and closings. No opening is allowed without the knowledge of the Town Council or the Clerk-Treasurer's office.
(Ord. 2023-06, passed 4-19-2023)
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