(A) Application for interment permit. An application form as established by the town, and on file in the office of the Town Clerk, shall be used to secure an interment permit for interment within any cemetery operated by the town. All applications must be submitted with a statement signed by family or friends requesting interment that all fees have been explained and understood by all parties.
(Prior Code, § 11-210)
(B) General provisions. The following provisions are applicable to interments.
(1) The cemetery will be open to the public from sunrise to sunset.
(2) Where immediate burial is required by laws of the state or under the rules and regulations of the state board of health, interments may be made on Saturdays, Sundays and holidays, otherwise, interments will be permitted only Monday through Friday.
(3) All funerals, on entering the cemetery, shall be under the charge of town personnel.
(4) Once a casket containing a body is within the confines of the cemetery, no funeral director nor his or her embalmer, assistant, employee or agent shall be permitted to open the casket or to touch the body without the consent of the legal representative of the deceased or an order signed by a court of competent jurisdiction.
(5) Funeral directors, upon arrival at the cemetery, must present the necessary burial permit from the local health office.
(6) All orders for interments in lots must be signed by the owner of the lot or his or her legal representative. However, when this is impossible because such person is absent from the town, telegraphic permission will be accepted in lieu thereof.
(7) Lot owners shall not allow interments in their lots in return for remuneration of any kind.
(8) No interment of two or more bodies shall be made in one grave except in the case of mother and child or two infants in one casket.
(9) When an interment is to be made in a lot, the location of such interment shall be designated by the lot owner. Should the lot owner fail or neglect to make such designation, the town reserves the right to make the interment in a location designated by the Town Manager.
(10) Funeral directors are responsible for opening graves. Funeral directors or their contracted company or person is required to have proof of liability insurance of a minimum of $50,000.00 coverage on file at the Wellston Town Clerk’s office prior to any grave opening. Funeral directors are responsible to place a temporary marker at the gravesite at the time of the service. The only exceptions are as follows:
(a) When the cemetery is directed to make a disinterment by the order of a court of competent jurisdiction and a certified copy of such order has been filed with the town; or
(b) When the District Judge directs the disinterment for the purpose of holding an inquest and has filed with the town his or her signed authorization to release the body to himself or herself and his or her lawful agents. In such case the disinterment must be made by his or her lawful agents. Town employees will not be permitted to assist his or her agent.
(11) All charges for interment or services in connection therewith shall be paid to the town which will issue a receipt therefore upon request. A fee set by the town shall be charged for each adult interment and for each child interment.
(12) Arrangements for the payment of any and all indebtedness due the town must be made before interment will be made.
(13) The right is reserved by the town to insist upon at least 24-hours’ notice prior to any interment and at least one week’s notice prior to any disinterment or removal.
(14) All interments, disinterment’s and removals must be made at the time, and in the manner fixed by the Town Board of Trustees.
(15) Besides being subject to these rules and regulations, all interments, and disinterments and removals are made subject to the orders and laws of the properly constituted public authorities.
(16) The town will not be responsible for any order give 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 a plot, where interment is desired.
(17) The town will not be liable for the interment permit nor for the identity of the person sought to be interred.
(Prior Code, § 11-207)
(18) All interments, other than cremated remains, shall be placed in an outer receptacles which must consist of steel, concrete, fiberglass or other nonperishable materials or sufficient rigidity to resist pressures that are applied as a result of ground burial.
(Ord. 1995-08, passed 9-5-1995)