(a) Except as provided herein at subsection (b) hereof, additional burials in the old Cemetery shall not be permitted from and after the effective date of this section.
(b) On and after the effective date of this section, burial in the old Cemetery shall be permitted only under the following circumstances:
(1) Ownership of such plot, grave space or lot in the old Cemetery was vested prior to the enactment of this section; and
(2) The Village is satisfied, after making a reasonable effort to verify, that the desired plot, grave space or lot is vacant; and
(3) Steps to effectuate the interment have been taken prior to the effective date of this section including, but not limited to, the establishment of a headstone at a plot, grave space or lot at a location in the old Cemetery; and
(4) The person entitled to cause the interment executes a document acknowledging the uncertainty of the location of plots, grave spaces or lots, both used and unused, within the old Cemetery, and releasing the Village, its officials and employees of liability arising out of the inability to locate caskets, lots, plots or grave spaces; such document shall be approved by the Village's Law Director.
(c) If the provisions of subsection (b) hereof do not apply, and if reasonable proof of ownership of a plot, grave space or lot located in the old Cemetery is presented at a time when at least one (1) plot, grave space or lot, as defined in this chapter, remains unused in the old Cemetery (although its exact location may be uncertain) as determined by the Director of Public Service, the ownership of such plot, grave space or lot in the old Cemetery shall be canceled and there shall be conveyed in lieu thereof another plot, grave space or lot in a portion of the Cemetery outside of the old Cemetery, as selected by the Director of Public Service; the Village shall convey a plot, grave space or lot, in the newer part of the Cemetery, which is of equal value, in its sole determination, to the value of the plot, grave space or lot previously owned and thereafter canceled in the old Cemetery.
(Ord. 2004-10. Passed 11-8-04.)