A. Generally: In administering the cemetery, the Town shall be entitled to all rights and prerogatives granted to it by law or equity, including the rights set forth in Utah Code Annotated title 8, as amended, or any other subsequent amendments. The omission or failure to assert any right or prerogative by the Town in any particular case shall not constitute a waiver of the right.
B. Sexton:
1. There is hereby created the position of the Town Sexton, which office shall be filled by appointment of the Mayor, with the advice and consent of the Town Council. Other employees or contractors may be hired as seen fit by the Governing Body when it is deemed advantageous to do so. The sexton may delegate responsibilities to subordinate employees when required.
2. The sexton shall not, either directly or indirectly, act or serve as agent, employee or salesperson for any person or company furnishing services or materials used at the cemetery or for any person or corporation selling grave markers or monuments. (Ord. 2010-1, 6-15-2010)
3. The sexton shall be paid on a monthly basis from the Town Treasury in such amount as shall be fixed periodically by resolution of the Governing Body. (Ord. 2019-2, 8-21-2018)
4. If the Governing Body does not employ a contractor or other designee to open and close graves, the sexton may be paid by the Town a sum in addition to his/her monthly salary, to open and close graves in accordance to rates set periodically by resolution of the Governing Body for grave opening fees.
C. Powers And Duties Of Sexton: The sexton, under the direction of the Mayor, shall have general supervision and administrative duties of the cemetery, including, but not limited to:
1. Recommending to the Governing Body such additional rules and regulations as may be necessary for the operation, maintenance, use and protection of the cemetery.
2. Marking, locating and subdividing the cemetery into blocks, lots and grave sites.
3. Maintaining a record of the location of lots and graves and preventing any lot from being used improperly, without proper authorization or beyond its capacity.
4. Keeping in proper repair the enclosure around the cemetery and preventing its being entered by animals and, so far as practical, preventing the destruction or defacing of any structure, marker or memorial placed or erected therein, or any other property within the cemetery.
5. Keeping a duplicate plat of the cemetery and, at the request of any eligible person wishing to purchase burial rights in any of the lots or parts of lots, pointing out any of the lots or parts of lots for sale; and, upon approval of any lots or part thereof, notifying the Town Clerk of such fact.
6. Attending to every interment in the cemetery in person or by a competent fiduciary. The sexton shall fill up and neatly trim all graves immediately after deposing the coffin and fill up and trim all graves that have or thereafter may sink.
7. Requiring relatives of a deceased person, funeral directors and any other person requesting burial of a body in the cemetery, to provide the sexton with information identifying the deceased. The sexton shall, as far as possible or practical, register the names, ages, sex, marital status, dates of birth and death, place of death, last known address, veteran status, attending funeral home, parentage of all persons interred therein, the name and address of the next of kin, the place of their interment within the cemetery, the cause of death if known, and the name of the attending physician or nurse (see appendix A attached to the ordinance codified herein).
8. Keeping a true and complete record of the death and place of burial of every person so reported to him/her. The sexton shall also keep a like record of all permits issued in pursuance of this chapter. All records kept in pursuance of this chapter shall be the property of the Town, and at all reasonable times be open to the inspection of the public. At the expiration of his/her term of office, the sexton shall turn all such property over to his/her successor in office; and he/she shall report fully to the Governing Body as often as is required by that body.
9. Keeping records and performing duties as required pursuant to Utah Code Annotated section 26-2-18, as amended.
10. Opening or causing to be opened any graves in the cemetery upon application to him/her being made by the town clerk or by any person having the authority to make such application, and being responsible for closing all graves.
11. Keeping the streets, alleys, walks and avenues in the cemetery in good order and unobstructed.
12. Approving and overseeing the placement, installation and removal of all monuments, markers, structures, trees, shrubs and any other memorial or material object within the cemetery.
13. Performing or supervising the general grounds maintenance in accordance with, but not limited to, perpetual care duties, including mowing, trimming trees and shrubs, watering, weeding, sodding, raking, removing dead flowers and decorations, improvements, leveling sunken graves when needed, cleaning and removing trash, and straightening tilting stones. The sexton shall not be required to repair or replace monuments, markers or other manner of personal property, except when the need for repair or replacement is directly caused by the conduct of the town or its employees.
14. Enforcing the provisions of this chapter with respect to the cemetery.
15. Performing other such duties as may be required by the governing body, and performing any such other duties in relation to the cemetery as are now, or may be hereafter, provided by ordinance, order, decision or resolution of the governing body or by the laws of the state.
16. Being instrumental in locating and identifying lots and graves in the "old part" of the cemetery, to his/her best judgment, where future burials will be discouraged or prohibited. (Ord. 2010-1, 6-15-2010)