(a) Due to the limitation of the size of the cemetery owned by the Village and the growing population in the Village and in the general area surrounding Waite Hill and to preserve and protect such property for the benefit of the residents and their immediate families as hereinafter set forth, the following rules and regulations for the use of the cemetery are hereby adopted:
(1) The remains of the following classes of persons may be interred in the Village Cemetery.
A. Persons who were residents of the Village at the time of their death.
B. A spouse, child or parent of a person whose remains are interred in the cemetery.
C. A spouse, child or parent of a person who is a resident of the Village at the time of the interment of such spouse, child or parent.
D. Current owners of homes in the Village who reside in the Village on a part-time basis.
E. A former resident who purchased a lot or lots while a resident, and the spouse, child, grandchild or parent of such former resident. (Ord. 2004-10. Passed 11-8-04.)
No person shall be permitted to purchase a cemetery grave space, plot or lot unless the name is furnished to the Village of a person currently eligible for interment in the Village Cemetery under the rules set forth herein. No transfer of a cemetery grave space, plot or lot shall be permitted except to the Village as hereinafter provided. The Village will purchase lots, plots or grave spaces from the owner thereof, for the sum of seventy-five percent (75%) of the price paid to purchase the space, if that price is known, or seventy-five dollars ($75.00) per lot, plot or space and the Village reserves the right to resell the repurchased lots, plots or space. (Ord. 2014-10. Passed 8-11-14.)
(2) Deeds shall be issued on all graves, and duly recorded in the official Plat Book in the office of the Clerk upon payment of purchase price therefor.
(3) The payment of any and all fees and charges for grave spaces and grave lots due to the Village shall be made before interment will be made.
(4) The right is reserved by the Village to insist upon at least twenty-four hours notice prior to any interment, and at least one week's notice prior to any disinterment or removal.
(Ord.2004-10. Passed 11-8-04.)
(5) All interments, disinterments or removals shall be made at the time and in accordance with the schedule of charges as follows:
PRICES AND FEES
Resident grave space, each | $500.00 |
Nonresident grave space, each | 750.00 |
Grave opening, other than for cremated remains, which shall be paid to the Village or persons approved by the Village | Residents 350.00 Nonresidents 500.00 |
Cremation opening | Residents 200.00 Nonresidents 350.00 |
Temporary and permanent foundation installed pursuant to subsection (a)(28)A. hereof | 600.00 |
Temporary and permanent foundation installed pursuant to subsection (a)(28)B. hereof | 350.00 |
Temporary and permanent foundation installed pursuant to subsection (a)(28)C. hereof | 450.00 |
All foundations shall be installed by the Village. No foundation shall be poured from November 1 through May 1 in any year.
The charge for disinterment and/or removals of cement or steel from the cemetery shall be at the current hourly rate to be fixed at the time of the performance of the work by the Village; provided, however, that the minimum charge shall be two hundred fifty dollars ($250.00) for each removal. There shall be no wood box removals. The foundation shall remain in place.
(Ord. 2004-10. Passed 8-11-14.)
(6) Neither the Village nor the person in charge of the cemetery shall be responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size of grave and location in the plot where interment is desired.
(7) The Village shall not be responsible for securing the interment permit nor the identity of the remains of the person sought to be interred.
(8) Approaching the bereaved for the purpose of soliciting any business within the cemetery is recognized as poor taste, and therefore shall not be permitted.
(9) All workers employed by outside firms, while within the cemetery, are subject to reasonable regulations of the person in charge of the cemetery.
(10) The cemetery shall be open for interments from 8:00 a.m. to 4:30 p.m. daily with the exception of all Sundays, the Fourth of July, Veterans' Day, Thanksgiving Day, Christmas Day and New Year's Day. When any such day falls on Saturday or Monday, or delay will cause unreasonable hardship or inconvenience, interments may be made on such days.
(11) Where immediate burial is required by the laws of the State of Ohio, under the rules and regulations of the Board of Health, or when religious practice requires, interments may be made on Sundays or holidays.
(12) Funeral directors, upon arrival at the cemetery, shall present the necessary burial permit from the local health office.
(13) No lot shall be used for any other purpose than for the burial of the human dead.
(14) A single, adult grave space may be used for the burial of a body and up to four cremated remains, provided all remains are of the same family and, further, provided, that if there is to be a body interred in the grave, that it is interred before the cremated remains.
(15) The Village shall take all reasonable precautions to protect the lot or grave space owners, and the property rights of lot or grave space owners, within the cemetery from loss or damage; but the Village distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damages caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral.
(16) The Village reserves and shall have, the right to correct any errors that may be made by it, either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying, in lieu thereof, other interment property of equal value and similar location as far as possible, or as may be selected by the Village, or by refunding the amount of money paid on account of such purchase.
(17) Once a casket containing a body is within the confines of the cemetery, no funeral director or his embalmer, assistant, employee or agent, shall be permitted to open the casket, or touch the body without the consent of the legal representative of the deceased, or an order signed by a court of competent jurisdiction.
(18) All orders for interments in lots shall be signed by the owner of the lot or his legal representative.
(19) In order to maintain a high standard of care and eliminate sunken graves caused by the collapse of wooden boxes, it is required that all burials shall be made in outside containers made of natural stone, reinforced concrete or steel. The maximum size of vaults shall be thirty-four inches by ninety inches by thirty inches.
(20) No interments of two or more bodies shall be made in one grave, except in the case of mother and child in one casket, or infants buried in one casket.
(21) Only the Village shall be permitted to open graves, except when ordered by the courts or persons having legal authority to open graves.
(22) Besides being subject to these rules and regulations, all interments, disinterments and removals are subject to the orders and laws of the properly constituted public authorities.
(23) There shall be strict observance of the proprieties in the cemetery. Hence, all persons within the cemetery shall not engage in conduct unbecoming a sacred place, such as:
A. Loud or boisterous talking.
B. Idling or loafing on the grounds or in any of the buildings.
C. Bringing lunches or refreshments into the cemetery or consuming them on the grounds.
D. Peddling or soliciting the sale of any service or commodity within the cemetery.
E. Placing of signs or notices or advertisements of any kind within the cemetery.
F. Bringing dogs into the cemetery or any of its buildings.
G. Bringing firearms into the cemetery, except by a military escort accompanying a veteran's funeral or attending memorial services or by any law enforcement officer.
H. Littering or throwing rubbish on any part of the grounds or in any building.
I. Picking flowers or damaging or defacing any tree, shrub, plant, memorial, fence, building, or any other structure or property.
(24) The cemetery shall be open for the owners, their families and friends, and prospective owners of grave spaces and lots, during daylight hours only. All others, except authorized personnel, shall be prosecuted as trespassers. The cemetery shall be regularly patrolled by the Police Department.
(25) Drivers of vehicles hired to attend a funeral shall remain quietly in their seats during the funeral services. No person shall engage in any of the following which are hereby prohibited:
A. The driving of motor cars or other vehicles through the cemetery at excessive speeds.
B. Driving any vehicle or animal across or upon any grave, lot or lawn, or parking or leaving the same thereon.
C. Parking or leaving any vehicle on any road or driveway within the cemetery at such location or in such position as to prevent any vehicle from passing the same.
D. Making a complete or partial reverse turn of any vehicle on any road or driveway.
(26) No person may own or purchase more than eight graves, without the specific authorization of Council.
(Ord. 2004-10. Passed 11-8-04.)
(27) Planting and decorations of graves and lots shall be in accordance to the following:
A. There shall be no planting of shrubs, trees, flowers or bushes, of any kind, in the cemetery without written permission issued by the Village of Waite Hill.
B. No glass or plastic blocks, urns or containers shall be used at any time of the year.
C. All Memorial Day or summer flowers or decorations shall be removed from the cemetery grounds by October 15 each year.
D. Christmas decorations shall be removed from the cemetery grounds by March 1 each year.
E. Easter flowers and decorations shall be removed two weeks after Easter.
F. Neat artificial flowers may be used, but the right is reserved to remove such flowers when they appear dirty, broken or uncared for.
G. Any potted plants, baskets or urns of flowers that are dead or dried up from lack of watering or neglect shall be removed.
H. Cut flowers will be allowed.
I. The Village shall not be responsible for stolen or broken pots, urns, baskets or vases.
J. During the grass mowing season, wreaths, styrofoam crosses, shells, toys, metal designs, ornaments and statues shall not be allowed.
K. The Village shall have the authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as in the judgment of the person in charge of the cemetery, they become unsightly, dangerous, detrimental or deceased, or when they do not conform to Village standards.
L. The Village shall not be responsible for frozen plants, pots, or herbage of any kind, or for plantings damaged by the elements or other causes beyond its control.
M. The Village reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or herbage of any kind, unless the person in charge of the cemetery gives permission.
N. The Village shall undertake to maintain as may be practicable, the planting of trees and shrubs, to preserve and maintain landscape features, but shall not undertake to maintain individual plantings.
O. No grave decoration shall be taller than twenty-four inches (24") measured from ground level. (Ord. 2024-9. Passed 4-8-24.)
(28) Headstones shall conform to the following:
A. Monuments on ten, eight or six grave space lots shall not be longer than six feet, nor wider than sixteen inches, nor taller than twenty-four inches above ground level, plus or minus the normal variations recognized in the monument industry. In no event shall a monument be permitted which is in excess of twenty-four inches above grade.
B. Individual, or commonly known as " single" markers shall not be longer than two feet, nor wider than sixteen inches, nor taller than twenty-four inches above ground level, plus or minus the normal variations recognized in the monument industry. In no event shall a monument be permitted which is in excess of twenty-four inches above grade.
C. Headstones used for two graves (double markers) shall not be longer than four feet, nor wider than sixteen inches, nor taller than twenty-four inches above ground level, plus or minus the normal variations recognized in the monument industry. In no event shall a monument be permitted which is in excess of twenty-four inches above grade.
D. All foundations for headstones shall be thirty inches deep unless, in the opinion of the Director of Public Service a deeper foundation is necessary. The top surface of all foundations shall be flush with the surrounding ground and shall have not less than a five-inch exposed margin on all sides of the marker or headstone on such foundation.
E. Headstones five inches in thickness or less shall be considered to be flush markers and shall be placed in such a way as to make them flush with the ground.
D. All foundations for headstones shall be thirty inches deep unless, in the opinion of the Director of Public Service a deeper foundation is necessary. The top surface of all foundations shall be flush with the surrounding ground and shall have not less than a five-inch exposed margin on all sides of the marker or headstone on such foundation.
E. Headstones five inches in thickness or less shall be considered to be flush markers and shall be placed in such a way as to make them flush with the ground.
F. For the best interest and protection of the lot owner, memorials, even for temporary use, of cement, artificial stone composition, wood, tin or iron, shall not be permitted.
G. Should any headstone become unsightly, dilapidated or a danger to any person, the Village shall have the right, at the expense of the lot owner, either to correct the condition or to remove the same.
H. Headstones made of marble or sandstone shall not be permitted in the cemetery, except government headstones for veterans.
I. To prevent error and to protect lot owners, it shall be the responsibility of the memorial dealer to see that all inscriptions are correctly inscribed on headstones and monuments.
(b) The Village hereby expressly reserves the right to adopt additional rules and regulation or to amend, alter or repeal or waive any rule or regulation or any part thereof at any time and without notice.
(Ord. 2013-16. Passed 11-11-13.)