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As provided in G.S. § 14-148, if any person shall, unlawfully and on purpose, remove from its place any monument of marble, stone, brass, wood or other material, erected for the purpose of designating the spot where any dead body is interred, or for the purpose of preserving and perpetuating the memory, name, fame, birth, age or death of any person, whether situated in or out of the common burying ground, or shall unlawfully and on purpose break or deface a monument, or alter the letters, marks or inscription thereof, he or she shall be guilty of a misdemeanor. Provided that nothing contained in this section shall preclude operators of public or private cemeteries from exercising all the powers reserved to them in their respective rules and regulations relating to the use and care of cemeteries.
(1981 Code, § 13-6) Penalty, see § 93.99
(A) The town cemetery shall remain open to the public throughout the year from sunrise until sunset.
(B) No person may enter the town cemetery at any time other than the hours of operation established by division (A) above.
(1981 Code, § 13-7) Penalty, see § 93.99
(A) No person may plant, prune or remove any tree, shrub, flower, grass or other plant of any kind except with the consent of and in accordance with the directions of the Cemetery Administrator.
(B) The Cemetery Administrator may enter any lot and remove or trim any tree, shrub or other plant that encroaches upon any other lot or any walkway, or driveway, or other part of the cemetery.
(C) The Cemetery Administrator may remove from the cemetery all floral designs, flowers, weeds or plants of any kind from the cemetery as soon as they deteriorate or otherwise become unsightly.
(D) Seasonal flowers used in floral decorations may be used in the cemetery. However, seasonal flowers used in floral decorations will be removed and disposed of by the Cemetery Administrator 2 weeks prior to Christmas, Easter and Memorial Day.
(1981 Code, § 13-8) (Am. Ord. passed 3-26-2001) Penalty, see § 93.99
(A) There shall be maintained in the Town Clerk's office an official cemetery map which shall depict, as accurately as possible, the boundaries of the town cemetery and the location and dimension of all lots and spaces within the cemetery.
(B) Burial rights in all lots and spaces shall be sold in reference to the official cemetery map.
(1981 Code, § 13-11)
(A) (1) The town shall sell burial rights in cemetery lots and spaces in accordance with the provisions of this chapter and a schedule of rates adopted and revised from time to time by resolution of the Council upon recommendation of the Manager.
(2) Differential fees shall be charged according to whether the person intended to be buried in the space with respect to which a burial right is purchased is a bona fide resident of the town at the time the right is purchased.
(B) (1) A certificate of burial right shall be issued to the person who purchases a burial right.
(2) The certificate shall identify the purchaser, the specific lots or spaces to which the certificate applies, and the names of the individuals intended to be buried in the spaces purchased.
(3) If spaces are intended to be reserved for unborn children or grandchildren of the purchaser, that fact may be noted on the certificate and the offspring shall be deemed to have the same residency as their parents.
(1981 Code, § 13-12)
(A) The certificate of burial right entitles the owner thereof (i.e., the purchaser) to use the designated spaces as a place of burial for the persons named in the certificate, subject to the terms and conditions of this section and subject to the town's authority to operate, regulate, control and abandon cemeteries.
(B) (1) If the owner of a certificate of burial right desires to change the designation of persons entitled to be buried in the spaces covered by the certificate, he or she may do so by surrendering the old certificate and obtaining a new certificate.
(2) Fees will be charged at the then current rate for the spaces being changed, but credit will be given for previous payments with respect to those spaces.
(C) The Manager is authorized to pay appropriate compensation to the owners of spaces that owners no longer wish to reserve, upon surrender of the certificate of burial right covering the spaces.
(D) Upon the death of the owner of a certificate of burial right, all rights evidenced by the certificate shall pass to the owner's heirs, legatees or devisees in the same manner as other interests in personal property.
(1981 Code, § 13-13)
(A) No person may purchase or otherwise acquire any burial right for the purpose of sale or exchange.
(B) No person may sell or exchange any burial right for a profit or gain.
(1981 Code, § 13-14) Penalty, see § 93.99
Mausoleums shall not be permitted within the town cemetery.
(1981 Code, § 13-17) Penalty, see § 93.99
(A) There shall be no more than 1 family monument on any one lot.
(B) (1) No person may erect or install any monument within the town cemetery except pursuant to and in accordance with a permit issued by the Administrator.
(2) The Administrator may establish regulations relating to the size, type of construction, location and type of foundation of monuments as are necessary to preserve the cemetery, ensure its dignity and minimize maintenance costs, and permits shall be issued under this section in accordance with those regulations.
(1981 Code, § 13-18) Penalty, see § 93.99
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