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A. The municipally owned cemetery, hereinafter known as the "Simla Cemetery", shall be governed by the board, in conformance with applicable state law, and the rules and regulations set forth in this chapter.
B. The board may appoint an advisory committee, known as the cemetery board, to hear comment from the town residents and to advise the board on all matters concerning the cemetery. The number and term of the cemetery board members, if the cemetery board is formed by the town board, shall be set by resolution.
C. The public works director for the town shall serve as sexton of the cemetery and shall have responsibility for the operation and maintenance of the cemetery. Further, the public works director, or his or her designee, including licensed funeral home staff, shall be responsible for the direct supervision of the burial upon the arrival of the funeral procession. The public works director shall not permit the interment or other disposition of any body in the cemetery unless the body is accompanied by a burial, removal, or transit permit.
D. The town clerk shall have the responsibility for communicating with the public concerning cemetery matters and policy, the sale of lots, recording of purchases and interments, the maintenance of the cemetery map and directory, and such other duties as assigned to the clerk by the town board. (Ord. 294, 7-9-2013)
A. The cost for each cemetery lot sold as of the date hereof shall be two hundred fifty dollars ($250.00). The charges or cost for municipal cemetery services which will consist of the opening and closing of a gravesite, unless other services are authorized by the board, shall be three hundred dollars ($300.00) per gravesite. If the municipal cemetery service concerns a cremation burial, the charges and cost shall be one hundred fifty dollars ($150.00) per cremation burial. The town shall add the sum of one hundred fifty dollars ($150.00) to municipal cemetery services rendered on weekends or after three o'clock (3:00) P.M., on weekdays. Further, upon purchase of a cemetery lot, the purchaser shall pay a fifty dollar ($50.00) perpetual maintenance fee. An additional fifty dollar ($50.00) maintenance fee shall be paid when interment is made. On the first regular meeting in January of every year subsequent to the adoption of this chapter, the board may change any of the costs stated herein by resolution. (Ord. 294, 7-9-2013)
A. Upon receiving full payment of the purchase price of a cemetery lot, the town clerk shall deliver a properly executed deed of conveyance to the purchaser. The deed shall not be recorded in the office of the Elbert County clerk and recorder but shall be retained by the purchaser. A copy of the deed shall be kept by the town and maintained in a book of records pertaining to cemetery lots. The town clerk shall maintain a record of all cemetery lots that have been sold, either by deed or otherwise, and shall further maintain a record of all cemetery lots which contain human remains.
B. The rights, title, and interest acquired by the purchaser of a cemetery lot shall be subject to the following conditions and reservations enforced by the town:
1. No cemetery lot shall be acquired by a person for speculation or profit. No cemetery lot shall be transferred by a purchaser except that the purchaser, or his or her heirs, may sell the lot or lots to the town. In such case the town shall pay the price which was originally paid for the cemetery lot, or lots, as reflected on the deed or town records. The resale to the town shall be subject to the town having available funds. Upon resale, the town may sell the lot at current resale price.
2. No purchaser shall be entitled to purchase a cemetery lot which has previously been used for interment. Should it be discovered that a lot is inadvertently sold, due to faulty or old records, purchaser shall receive another lot in as close a proximity to the original lot as possible.
3. The town, from time to time, may choose to designate certain cemetery lots as unavailable for sale. (Ord. 294, 7-9-2013)
A. Except for exceptional circumstances requiring immediate burial, the town clerk shall be notified at least two (2) working days (exclusive of holidays) before an interment may be made. No lot or grave shall be opened, closed, filled, sodded, or revegetated except by a town employee or employees, which work shall be conducted under the direction of the public works director or designee. No burial of the remains of other than the immediate family of the owner of the lot shall be permitted unless a signed written notice is filed by the owner, his or her heirs, or his or her assignees with the office of the town clerk. The written notice shall be notarized or filed with proof of the relationship of the heir or assignee to the owner. (Ord. 296, 12-10-2013)
B. The following regulations shall govern interment and disinterment:
1. One casket may be interred in each lot. Instead of a single casket, up to four (4) cremains may be interred in a single lot. Cremains may be interred over a casket previously interred in a single lot.
2. No animals shall be buried in the cemetery.
3. A concrete vault shall be required for each casket. Further an outside container will be required for all burials excepting sealed cremains containers.
4. No burials will be permitted on Sundays or official holidays without prior approval of the town board or upon recommendation of the Colorado department of public health and environment.
5. No disinterment shall be allowed without the permission of the state of Colorado 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 consent of such persons cannot be obtained an order of the district court shall be sufficient. Arrangements for disinterment shall be made with the town public works director. No disinterment shall be made except by town employees, or such assistance as may be retained by the town. The town shall not be liable for any injury or damage, including, but not limited to, damage to monuments, markers, caskets, liners, and vegetation overlying the lot, incurred during the process of disinterment. (Ord. 294, 7-9-2013)
A. The rules and regulations concerning the placement of monument and markers over a gravesite shall be as follows:
1. No marker or monument work shall be permitted on weekends or holidays without prior approval of the public works director. The public works director shall be notified at least four (4) days before a monument or marker is placed on a cemetery lot so as to allow sufficient time for the public works director to locate the subject gravesite or gravesites. The town shall assume no responsibility for any monument or marker being placed in the wrong location. Monument and marker firms, manufacturers, or installers shall be responsible for any damage done to other monuments, markers, grass, trees, walkways, or roads during the placement process. (Ord. 294, 7-9-2013)
2. Every grave, or lot, shall be marked with a permanent marker or monument. Temporary metal markers provided by a funeral home are allowed until a permanent monument or marker is obtained. Permanent markers or monuments shall be placed within one year of interment. All monuments and markers shall be set at the head of the cemetery lot with the inscription facing to the lot. All monuments and markers shall be constructed of marble, granite, or bronze. All monuments will be placed on concrete or bronze bases and no less than a five inch (5") concrete platform will surround the edge of the monument or marker. (Ord. 296, 12-10-2013)
3. Only one monument or marker will be allowed for each lot, even if more than one cremains exist in said lot. Bases included on flat, ground level monuments and markers shall be of the "flip down" inverted type construct so as to facilitate flush consistency with the monument or marker when inverted. 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. The use of tile, bricks, gravel, crushed rock, shells, or similar material on or around the cemetery lots is prohibited. (Ord. 294, 7-9-2013)
A. The rules and regulations concerning the decoration of graves in the Simla Cemetery are as follows:
1. Artificial or fresh cut flowers may be placed on a lot in a metal or plastic vase at any time but all decorations will be discarded when dead, faded, broken, or otherwise in an unsightly condition. Artificial or fresh cut flowers, wreaths, and evergreens shall be placed in a location on the lot so as to not interfere with the routine maintenance of the lot by town personnel. During mowing season all unused vases must be at ground level. Mowing will be done by the town, when needed, and the town will not replace flowers. Small United States flags and memorial flags shall also be permitted on cemetery lots. However, flags will be removed when the flags become torn, frayed, or otherwise unsightly.
2. No decorations, other than those set forth in subsection A1 of this section, shall be allowed. Further, glass containers are prohibited. (Ord. 294, 7-9-2013)
A. The town shall be responsible for the care, upkeep, and maintenance of all roads, pathways, grass, shrubbery, improvements and the general grounds of the cemetery. The individual lot owners shall be responsible to maintain all monuments and markers as are erected on the owner's lot or lots.
B. All users of and visitors to the cemetery shall follow the listed rules of conduct as set forth below:
1. The Simla Cemetery shall be open to the public from sunrise to sunset.
2. In recognition of the solemn purpose and circumstances involved with the cemetery, visitors shall not create a disturbance of the peace, disorderly conduct, public nuisance, or other criminal activity which would disturb others who are on the cemetery grounds. The public works director, with assistance from the Simla police department, when necessary, may remove all persons who violate this chapter and these rules from the cemetery grounds.
3. Any person or persons who desecrate the cemetery or violate state or municipal laws, including removing, destroying or defacing flowers, shrubs, trees, monuments, markers, or anything or any object of value placed there for the beautification of the cemetery, shall be charged accordingly and prosecuted by the town. It is prohibited to take flowers, or other grave decorations, from the gravesite except by those persons who are closely related to the deceased.
4. Visitors to the cemetery must keep their vehicles on roadways as designated on the cemetery map and as apparent on the grounds. (Ord. 294, 7-9-2013)
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