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(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)
(A) All markers and memorials must be comprised of stone or other equally durable composition and shall face the same direction as the markers and memorials around them.
(B) Temporary markers are considered to be property of the Maple Grove Cemetery.
(C) Except for monuments that existed in Maple Grove Cemetery before the effective date of this chapter, no monument will be allowed or erected in the cemetery. For purposes of this chapter, MONUMENT shall be defined as any marker, memorial, statue or similar item which exceeds 30 inches in height above normal ground level or which has a ground surface area exceeding 32 inches in width (or 60 inches in width for a double marker), with an overall height of no more than 30 inches above ground level, including the foundation. Only one marker or memorial shall be permitted per cemetery plot, or one marker or memorial in total where two adjoining plots share that one marker or memorial. Markers shall be no more than 32 inches in width (or 60 inches in width for a double marker), with an overall height of no more than 30 inches above ground level, including the foundation.
(D) The footing or foundation upon which any marker or memorial must be placed shall be constructed by the town, or such person(s) as may be designated by the Town Council. Foundations will only be placed on the approval and instruction of the Town Council or the Clerk-Treasurer's office. Fees for such work shall be set based on the current rate of the contractor, but payable to the Town of Argos.
(E) No foundations/monuments will be constructed/installed on any plot which has an unpaid balance due to the cemetery for said plot.
(F) The town is no longer allowing the sale of graves in the "old section" (which is defined as plot numbers 1 - 999), however, any foundations being poured for plots previously purchased in the old section will have a wash of four inches around all sides of the base of the monument.
(G) Foundations in the new section will already be poured. Any part of the new section without foundations in place will not be available for sale until they are poured.
(H) Should any monument or memorial (including any monument or memorial that was in place before this chapter became effective) become unsightly, broken, moved off its proper site, dilapidated or a safety hazard, the Town Council shall have the right, at the expense of the owner of the cemetery plot, to correct the condition or remove the same. The town shall make reasonable attempts to contact the owner of the cemetery plot prior to any such work beginning.
(I) The maintenance, repair and upkeep of a cemetery memorial, marker, urn or similar item is the responsibility of the heirs or family of the person buried at that location. The town has no responsibility or liability regarding the repair, maintenance or upkeep regarding any such marker, memorial, urn or similar item.
(Ord. 2023-06, passed 4-19-2023)
(A) Only human remains are allowed in the cemetery.
(B) Burial permits are required for all burials.
(C) Scattering of cremated remains on cemetery property will not be permitted. There will be no exceptions.
(D) No Sunday burials will be permitted.
(E) Burial vaults and urn vaults are required for all burials.
(F) Burial per plot is restricted to:
(1) One traditional (casket with vault) and/or one cremation (urn vault);
(2) Two cremations (two urn vaults);
(3) One traditional (casket with vault) and one infant (casket/vault combo); or
(4) One cremation (urn vault) and one infant (casket/vault combo).
(G) The town shall be given not less than 36 hours prior notice in advance of any funeral to allow for the opening of the cemetery plot. The opening and closing of cemetery plots shall be done only by the town or such person or persons as are designated by the town and shall follow all current applicable state statutes, in addition to all other applicable laws regarding any burial, grave opening or memorial service.
(H) The appropriate identification of the person to be buried therein and the burial-transit permit from the Health Department shall be presented to either the town or the Clerk-Treasurer (or designated town official) prior to interment.
(I) The surface of all graves shall be kept in an orderly and neat-appearing manner within the confines of the cemetery plot involved.
(Ord. 2023-06, passed 4-19-2023)
(A) No disinterment or the digging up of an occupied grave shall occur without a town disinterment permit.
(B) No disinterment or digging up of an occupied grave shall occur until and unless any and all permits, licenses and written authorizations required by law for such disinterment or digging up of an occupied grave have been obtained from any applicable state or county agency, governmental unit or official, and a copy of the same has been filed with the town.
(C) The Town Council shall have the authority to refuse to allow a disinterment or the digging up of an occupied grave (and to refuse to issue a town disinterment permit for the same) if the disinterment or digging up of an occupied grave is not done pursuant to a court order (issued by a court of competent jurisdiction) or does not have a reasonable basis.
(D) No disinterment permit shall be issued by the town until the town disinterment application form (as authorized by the Town Council) has been fully completed (and signed by a properly authorized person) and filed with the town.
(Ord. 2023-06, passed 4-19-2023)
(A) The town may charge additional fees for winter burials.
(B) If a winter burial cannot occur due to inclement weather, frozen ground or similar condition, the deceased person may be kept in winter storage until a spring burial can occur. Written permission by the next of kin or authorized agent must be obtained prior to winter storage . All such winter storage costs shall be paid by the estate of the deceased person or the person's next of kin.
(C) No winter burials shall occur without the prior consent of the town.
(Ord. 2023-06, passed 4-19-2023)
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