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(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)