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(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)
(A) Flowerpots, urns and grave blankets may be placed and maintained at the headstones of graves no earlier than May 1 and must be removed no later than October 1 of each year. Decorations will be permitted for holidays falling outside of these dates , but only for one week prior and one week following the holiday. Veteran flags and flag holders shall be governed by the Veteran's Administration rules and guidelines.
(B) All ornamental items must be placed on the monument or foundation. One shepherds' hook is allowed per gravesite so long as it is in line with the foundation.
(C) Items that hinder the free use of a lawn mower, other gardening apparatus, or are determined as inconvenient or hazardous to the groundskeeper are prohibited. Items not allowed include but are not limited to aggregate, gravel, boarders, bricks, glass, fencing, trellises, and artificial lawn or garden ornaments such as artificial animals, pottery, statues, and the like.
(D) The Town Council reserves the right to remove any items which become litter on any plots. This also applies to the removal of old flowers, plants or shrubberies that have not been maintained.
(E) No grading, leveling, or excavating within a cemetery shall be allowed without the prior permission of the Town Council. Furthermore, no tree, shrub, landscaping or similar plantings shall occur without the prior permission of the Town Council.
(F) No flowers, shrubs, trees or vegetation of any type shall be planted outside of an urn. Any of the foregoing items planted without town approval will be removed by the town.
(G) The Town Council reserves the right to remove or trim any existing trees, plants or shrubs located within a cemetery in the interest of maintaining proper appearance and the use of the cemetery.
(H) The town shall have the right and authority to remove and dispose of any and all growth, emblems, displays, containers and other items that through decay, deterioration, damage or otherwise become or are unsightly, a source of litter or a maintenance problem.
(I) Surfaces other than earth or sod are prohibited.
(J) All refuse of any kind or nature including, but not limited to, dried flowers, wreaths, paper and plastic flower containers must be removed from the cemetery within ten days after a burial.
(K) No glass containers or items are allowed.
(L) Except for markers, memorials, flowers, and urns expressly allowed by this chapter, and veteran flags as authorized by law, no other item (including, but not limited to, ornaments, signs, trellises, statues, benches, landscaping, bricks, stones, grave border materials or other structures) shall be installed or maintained within Maple Grove Cemetery; nor shall any grading, digging, mounding or similar alteration of the ground or earth occur except as authorized by this chapter or by the town.
(Ord. 2023-06, passed 4-19-2023)
Every person who enters, remains in and travels within Maple Grove Cemetery does so at their own risk. The town is not responsible for any injury, accident or other calamity that might occur to any person present in Maple Grove Cemetery. Furthermore, the town is not responsible for any damage or vandalism to, theft of or deterioration of any burial monument, headstone, flower urn or other item placed at or near a cemetery plot, burial site or anywhere in Maple Grove Cemetery. The purchaser or transferee of any cemetery plot or the equivalent (and all subsequent transferees, assigns, heirs, or beneficiaries) hereby releases, waives, indemnifies and holds harmless the town for, from and against any injury, damages, causes of action, claims, costs and expenses associated with, relating to and/or involving the cemetery plot or similar right, any headstone, monument or similar items, and any matter related to the cemetery involved. Such waiver, release and hold harmless provision shall apply not only to the town, but any town employee, officer, official or agent.
(Ord. 2023-06, passed 4-19-2023)
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