Section
95.001 Establishment of control
95.002 Cemetery fees
95.003 Sales and conveyance; conditions
95.004 Grave openings and closings
95.005 Monuments and markers
95.006 Decoration of lots
95.007 Maintenance responsibilities
95.008 Supervision of funerals
95.009 Prior interment
95.010 Liability
95.011 Burial in approved cemetery within town required
95.012 General rules
95.999 Penalty
(A) The town has established a municipally-owned cemetery, known as “Pershing Memorial Cemetery”, herein called the “cemetery”.
(B) The Board of Trustees shall have control of the operation of the cemetery through the establishment of rules, regulations and fees as recommended by the Cemetery Board.
(C) The Town Manager or designee shall serve as the sexton and have responsibility for the operation and maintenance of the cemetery.
(D) The Town Clerk shall have the responsibility for the sale of lots, recording of purchases and interments and the maintenance of the cemetery map.
(Prior Code, § 360.1) (Ord. 488, passed 12-29-2003; Ord. 570, passed 3-6-2014; Ord. 582, passed 4-2-2015)
The Board of Trustees shall determine the cemetery fees, including the purchase price of a lot, the cost of opening and closing the grave and a perpetual care fee and other fees as established by resolution.
(Prior Code, § 360.2) (Ord. 488, passed 12-29-2003; Ord. 570, passed 3-6-2014; Ord. 582, passed 4-2-2015)
(A) Upon full payment of the purchase price of the lot to the Town Clerk, the Town Clerk shall deliver a properly executed deed of conveyance.
(B) The rights, title and interest acquired by any person in and to any lot in the cemetery shall be subject to the following conditions.
(1) No cemetery lot shall be transferred by a purchaser, successors or assigns for any reason.
(2) Any purchaser or the legally authorized representative of a deceased purchaser wishing to resell a cemetery lot shall sell the lot only to the town, in which case the town shall pay the price which was originally paid for the lot, as noted on the deed or in the town records, subject to availability of funds for such repurchase. The town shall sell the lot at the current resell price.
(C) Nothing in this section shall be construed to permit the sale or conveyance of any cemetery lots, which have been used for interment.
(D) The town reserves the right to designate certain lots as unavailable for sale.
(Prior Code, § 360.3) (Ord. 488, passed 12-29-2003; Ord. 570, passed 3-6-2014; Ord. 582, passed 4-2-2015)
(A) The Town Clerk shall be notified at least two working days (exclusive of holidays) before a funeral, unless the service is for an immediate burial request.
(B) No lot or grave shall be opened, closed, filled, sodded or revegetated, except by town employees, under the direction of the Town Manager or designee.
(C) No burial of the remains of other than the immediate family of the owner of the lot shall be permitted until a signed written notice is filed by the owner, his or her heirs or his or her assignees in the office of the Town Clerk.
(D) One casket may be interred in each lot. Instead of a single casket, up to four cremains may be interred in a single space. In divisions (F) through (J) below, one cremains can be added to a lot with an existing casket, but those cremains must be those of an immediate family member, which for the purposes of this chapter must be a spouse, parent or child of the occupant within the casket.
(E) No animals shall be buried in the cemetery.
(F) No disinterments shall be allowed without permission of the state in accordance with applicable statutes and regulations, and without the permission of the owner of the lot or the surviving next of kin of the deceased. If the consent of such persons cannot be obtained, an order of the County Court shall be sufficient.
(G) Arrangements for disinterment shall be made with the Town Manager. No disinterment shall be made, except by town employees or as otherwise provided for by law.
(H) The town shall not be liable for any injury or damage, including, but not limited to, damage to monuments, markers, caskets, liners and vegetation for a disinterment.
(I) All caskets and urns will be enclosed in an approved concrete, stone or fiberglass outer burial container.
(J) No burials will be permitted on Sunday or holidays without the prior approval of the town or on the recommendation of the state’s Department of Public Health and Environment Department.
(Prior Code, § 360.4) (Ord. 488, passed 12-29-2003; Ord. 570, passed 3-6-2014; Ord. 582, passed 4-2-2015) Penalty, see § 95.999
(A) Every grave shall be marked with a permanent marker or monument.
(B) No marker or monumental work shall be permitted on weekends or holidays without prior approval of the Town Manager.
(C) The Town Manager shall be notified four days before a monument or marker is placed on lot(s) to allow sufficient time for the gravesite(s) to be located.
(D) The town shall assume no responsibility for the correct location of any monument or marker, and any changes resulting from incorrect placement will be made at the lot owner’s or monument firm’s expense.
(E) Monument and marker firms or installers shall be held responsible for any damage done by them to other monuments, markers, grass, trees, walkways, roads and the like in the cemetery.
(F) All monuments and markers shall be constructed of marble, bronze, granite or other permanent materials specifically approved by the town.
(G) All monuments and markers shall be set at the head of the lot.
(H) Vertical or ground level monuments and markers will be allowed herein, as they are developed.
(I) Vases included on flat, ground level monuments and markers, shall be of the “flip down”, inverted, type construction to facilitate flush consistency with the monument or marker when inverted.
(J) Only one monument or marker will be allowed for each lot, even if more than one cremains exists in said lot.
(K) No lot shall be marked or defined by any fence, coping, railing, hedge or embankment, nor shall any lot be filled above the established grade.
(L) The use of tiles, bricks, gravel, crushed rock, shells or other similar materials are prohibited.
(M) No monument or marker will be permitted which is cut in the silhouette of dogs, cattle, any animal or any grotesque figure.
(N) A 5-inch concrete platform will surround the edge of the monument or marker.
(Prior Code, § 360.5) (Ord. 488, passed 12-29-2003; Ord. 570, passed 3-6-2014; Ord. 582, passed 4-2-2015) Penalty, see § 95.999
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