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The following prohibitions shall apply within Maple Grove Cemetery:
(A) No person shall destroy, deface, cut, apply graffiti to or otherwise injure any cemetery property, monument, sign, tree or plant, or any other lawful item located within Maple Grove Cemetery.
(B) No person shall disturb the peace or unreasonably annoy, harass or disturb any other person who is lawfully present on the grounds of any town cemetery.
(C) There shall be no driving of an automobile, truck or any other vehicle on lawns or cemetery plots in the cemetery. All vehicles are to only be on designated roads or drives.
(D) There shall be no snowmobiles, four-wheelers, go-carts or similar vehicles in the cemetery.
(E) All vehicles must not drive at a speed exceeding 15 mph.
(F) There shall be no entry or presence in the cemetery by any person when the cemetery is closed or outside of authorized times.
(G) There shall be no headstones, ornaments, vases, plastic flowers, fences, benches, trellises, statues, signs or any other item placed, kept, installed or maintained in a cemetery except those expressly allowed by this chapter.
(H) There shall be no disturbing of the peace or engaging in any loud or boisterous conduct.
(I) There shall be no digging, grading or mounding unless expressly authorized by this chapter.
(J) There shall be no gathering of persons in excess of 75 people without prior town approval (except during or incidental to a funeral occurring concurrent with burial).
(K) There shall be no disinterment or grave openings unless approved by the town.
(L) There shall be no possession or consumption of any alcoholic beverage.
(M) There shall be no picnicking or consumption of food without prior town approval.
(N) There shall be no music, playing of any radio, or the use of any amplification device or similar item, except pursuant to a military ceremony or a funeral.
(O) There shall be no solicitation or peddling of services or goods or any signs or placards advertising any goods or services.
(P) There shall be no littering or dumping.
(Q) There shall be no unlawful interference with or disruption of a lawful funeral or funeral procession.
(R) There shall be no private signs, lighting, moving displays or changeable copy on a sign.
(S) There shall be no fires, candles or open flames.
(T) No children under 12 years of age shall be allowed in any town cemetery unless accompanied by and properly supervised by an adult.
(U) There shall be no domestic animals of any kind or pets allowed within the cemetery grounds. However, this prohibition shall not apply to dogs assisting handicapped persons.
(V) No firearms or archery arrows shall be discharged or shot except that military or other veteran organizations may carry arms for the purpose of firing over the grave at the burial of a member.
(W) No person shall engage in any fight, quarrel or disturbance.
(X) Cremains or ashes of a deceased person shall not be scattered or dispersed.
(Y) There shall be no dumping, vandalizing or tipping over of any lawful garbage container or receptacle.
(Ord. 2023-06, passed 4-19-2023)
The Town Council shall have the authority to set fees pursuant to this chapter from time to time by resolution. Such fees can include, but are not limited to, disinterment permit, grave opening, setting of foundations, grave closing, winter or holiday burial, the price for a new cemetery plot, transfer fees for cemetery plots, and other matters. Said fees shall be set as Attachment A to Ord. 2023-06, payable to the Town of Argos,
(Ord. 2023-06, passed 4-19-2023)
(A) This chapter shall apply only to Maple Grove Cemetery, which is owned, controlled and operated by the Town of Argos.
(B) The provisions of this chapter shall not apply to town officials, their agents or designees involved with the upgrading, maintenance, administration or care of Maple Grove Cemetery.
(C) The provisions of this chapter shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.
(Ord. 2023-06, passed 4-19-2023)
(A) The Town Council shall have the authority to render binding interpretations regarding any of the clauses, provisions or regulations contained in this chapter and any rule or regulation adopted pursuant to this chapter, as well as their applicability. The Town Council is also authorized to waive application of the strict letter of any provision of this chapter or any rules or regulations promulgated under this chapter where practical difficulties in carrying out the strict letter of this chapter or any rules or regulations related thereto would result in hardship to a particular person or persons or the public. Any such waiver, however, must be of such a character as it will not impair the purposes and intent of this chapter.
(B) Any party aggrieved by any interpretation or decision made by the town or any town official, agent or contractor pursuant to this chapter, as well as any matter relating to Maple Grove Cemetery, rights to a cemetery plot, or other matter arising pursuant to this chapter, shall have the right to appeal that determination/decision or matter to the Town Council. Any such appeal shall be in writing and shall be filed with the town within 30 days of the date of the decision, determination or other matter being appealed from. The town shall give the aggrieved party who filed the written appeal with the town at least ten days' prior written notice of the meeting at which the Town Council will address the matter unless an emergency is involved, in which case the town shall utilize reasonable efforts to notify the aggrieved party who filed the appeal of a special or emergency meeting of the Town Council at which the matter will be addressed. Pursuant to any such appeal, the decision of the Town Council shall be final.
(C) The Town Council may set a fee or fees for any such appeal from time to time by resolution.
(Ord. 2023-06, passed 4-19-2023)
Any monument, marker, planting, trellis, personal item, urn, flowers or foliage (whether real or artificial), structure, flag (except for lawful veterans flags), or other item that has been placed, installed, left or maintained in any town cemetery in violation of this chapter, any town rule or regulation regarding Maple Grove Cemetery, or any county, state or federal law, statute or regulation may be removed by the town from the cemetery at any time and destroyed or disposed of by the town without any prior notice to, permission from, or liability or obligation to the person or persons who left, installed, maintained or kept such item in the town cemetery. No such item (including, but not limited to, a monument, marker, planting, trellis, personal item, urn, flowers or foliage, structure, flag, or similar item) can be installed, placed, maintained or kept in Maple Grove Cemetery unless expressly authorized by this chapter or a written rule or policy of the town. Even if such an item is authorized to be installed, kept, maintained or left in Maple Grove Cemetery, the town shall still have the discretion to remove any such item at any time and dispose of the same without prior notice to, consent from or liability to the person or persons who installed, maintained or left such item in Maple Grove Cemetery.
(Ord. 2023-06, passed 4-19-2023)
Unless otherwise specified by the Town Council by resolution, the following officials or officers shall have the authority to enforce this chapter and to issue municipal civil infraction citations/tickets pursuant to this chapter:
(A) Town Council;
(B) Town Clerk-Treasurer;
(C) Town Zoning Administrator;
(D) Town Ordinance Enforcement Officer;
(E) Argos Police Department;
(F) Any deputy of the county sheriffs' department; and
(G) Any state police officer.
(Ord. 2023-06, passed 4-19-2023)