Town of Lake Tomahawk, WI
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 6-11-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also stated that the Wilderness Rest Cemetery has been dedicated and turned over to and accepted by the Town of Lake Tomahawk as a municipal cemetery to be regulated and controlled by the Town and that its management and operation shall be in accordance with Subchapter II of Chapter 157, Wis. Stats. The Town of Lake Tomahawk adopted this ordinance pursuant to § 60.23(16), Wis. Stats.

§ 179-1 Administration.

[Amended 9-8-2010]
The day-to-day administration of the Wilderness Rest Cemetery shall be vested in a Cemetery Board consisting of five members appointed by the Lake Tomahawk Town Board (hereinafter "Town Board") for an indefinite term. Any vacancies that occur in the composition of the Cemetery Board shall be filled by the Town Board. Adoption of policies governing administration of the cemetery and approval of all expenditures shall be made by the Town Board.

§ 179-2 Cemetery Board.

[Amended 9-8-2010]
The Cemetery Board, after appointment, shall proceed to elect from its membership a Chairman, a Secretary-Treasurer, and a Sexton. The terms of office shall be indefinite and continue until changed by the Cemetery Board.
A. 
Chairman. The Chairman shall be the principal executive officer of the Cemetery Board and shall in general supervise and control all of the business and affairs of the Cemetery Board. He/she shall, when present, preside at all meetings of the Cemetery Board and shall, in general, perform all duties incident to the office of Chairman and such other duties as may be prescribed from time to time by the Cemetery Board or the Town Board of Lake Tomahawk.
B. 
Secretary-Treasurer. The Secretary-Treasurer shall keep the minutes of all meetings of the Cemetery Board in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of the Wisconsin Statutes and ordinances which control the Cemetery Board; be custodian of all records, property and documents of the Cemetery Board; sign with the Chairman all official documents and records necessitated by the ordinances of the municipal cemetery; have general charge of the records, lot ownerships, plats and maps of the Wilderness Rest Cemetery; collect and deliver all funds and securities of the Wilderness Rest Cemetery to the Town Treasurer and provide written documentation of all such records to the Town Clerk, and shall give a bond for the faithful discharge of his or her duties in such form and with such surety or sureties as the Town Board shall determine. In general, shall perform all of the duties incident to the office of both Secretary and Treasurer, and such other duties as from time to time may be assigned to him/her by the Cemetery Board or the Town Board and shall make an annual report to the Town of Lake Tomahawk at the Annual Town Meeting and at such meetings as requested by the Town Board and to deliver a copy of said annual report to the Town Board. Comply with all open records laws and open meeting laws and any other applicable Wisconsin Statutes.
C. 
Sexton; duties of Sexton.
(1) 
The Sexton shall lay out the location and the boundaries of each grave site to be opened. The Sexton shall keep an accurate record of all burials, lot ownership, individual graves, cemetery lot sales, and generally a complete record of all lots comprising the Wilderness Rest Cemetery. The Sexton will be responsible for the general management and control of the cemetery proper, sign and execute all burial permits as required by State of Wisconsin law, and generally do all things necessary in the operation and management of the Wilderness Rest Cemetery as required or instructed from time to time by the Cemetery Board.
(2) 
The salary of the Sexton shall be set by the Cemetery Board and shall be approved by the Town Board.
(3) 
The Sexton shall be reimbursed for all out-of-pocket expenses.

§ 179-3 Interments.

A. 
Vaults are required. No interments shall be made except in a vault.
B. 
Before interment, the setup personnel from the vault company is responsible for the placement of the vault. The Sexton must be present to oversee the placement of the vault. No body except that of a human being may be interred in the cemetery. All graves shall be opened and closed under the supervision of the Sexton. No interment or disinterment shall be allowed without the consent of the Sexton. Interments or disinterments shall be made only by a contractor authorized by the Sexton or Town personnel. All funeral processions shall be entirely under the control of the Sexton upon entering the cemetery. Notice of at least 48 hours shall be given to the Sexton of any desired grave opening. No grave shall be opened or interment or disinterment made on Sunday or on the following holidays: New Year's Day, Christmas Day, Memorial Day, Good Friday, Independence Day, Labor Day and Thanksgiving Day, unless required for public health reasons and ordered by the Sexton. Funerals and or graveside services shall be concluded no later than 3:30 p.m., unless the Sexton expressly permits otherwise in consideration of special hardship.
C. 
Sod removal and digging. The grave lot must have the sod removed and placed in an area close by. The digging of the grave site, which has been marked by the Sexton, shall have 2/3 of the dirt placed elsewhere, away from the grave site. One-third of the remaining soil shall be placed on a canvas and covered by the vault personnel. Plywood panels (four by eight) should be placed on both sides of the open grave to stabilize the soil.
D. 
After services. The soil should be packed or tamped down around the vault sides and on top of the vault cover. Sufficient black dirt shall be placed on the top layer before sod is replaced and packed down, not to exceed two inches over the natural level of surrounding soil.
E. 
All interment charges shall be paid to the Sexton on or before the day of burial.
F. 
The Cemetery Board shall, after obtaining approval from the Town Chairman, employ and hire any help necessary in the management and control of the Wilderness Rest Cemetery.
[Amended 9-8-2010]

§ 179-4 Funds received for cemetery purposes; perpetual care.

[Amended 9-8-2010]
A. 
All receipts for cemetery purposes shall be collected by the Secretary-Treasurer and be given to the Town Treasurer to be deposited, except that receipts for perpetual care shall be kept in a separate perpetual care account designated by the Town Board.
B. 
Perpetual care. A Perpetual Care Fund shall be established by the Town Board for the perpetual care of all lots in Wilderness Rest Cemetery. The Town Board shall maintain the care fund in accordance with § 157.50(6), Wis. Stats.

§ 179-5 Sale and maintenance of lots.

A. 
Sales. All lot sales shall be handled by the Sexton of the Cemetery Board or his Cemetery Board designee. Prices of lots shall be fixed by the Town Board with input and advice from the Cemetery Board. All lots must be paid for in full when purchased, and a suitable cemetery deed will be issued by the Secretary-Treasurer to the purchaser.
[Amended 9-8-2010]
B. 
No existing known grave on a lot thus sold shall be disturbed under any circumstances.
C. 
No person shall purchase more than one block, or eight lots, unless by consent of the Cemetery Board.
D. 
A lot may be sold back to the Wilderness Rest Cemetery at the price when purchased.
E. 
No lot shall be used for any other purpose than for the burial of the dead and the placing of appropriate markers as memorials.
F. 
The transfer of lots or parts of a lot to another party must be reported to the Cemetery Board before said party will be allowed the use of the lot. No person will be recognized as owner or part owner of a lot unless his/her name appears upon the books of the Wilderness Rest Cemetery.
G. 
Persons desiring to allow the interment of bodies other than members of their own family must secure a written permit for the same, signed by the owner or by the legal representative, to be filed with the Cemetery Board.
H. 
Any person wishing to sell or transfer, or give away, a lot or grave must first get permission from the Cemetery Board. No person shall be buried thereon unless his or her name is on the books of the Wilderness Rest Cemetery and assessments are paid in full. The selling price shall not be more than the original cost. In the event of the death of a lot owner, an affidavit must be filed with the Cemetery Board, signed by one of the heirs at law, and in case of minors, by their guardian, who shall be authorized to sign orders for interments, and give other needful directions regarding the use of the lot.

§ 179-6 Burial of infants.

Section 1, Block 4, is dedicated for the burial of infants under three months of age. No fee shall apply for the burial of such infant. Deeds will be provided free of charge.

§ 179-7 Cremations.

[Amended 8-12-2009]
Two cremations may be placed on one lot. One stone or monument is permitted with two names placed thereon or two flush markers or one monument and one flush marker. A flush marker may be placed at the foot of the lot if there are two cremations.

§ 179-8 Stones, monuments and mausoleums.

[Amended 8-12-2009]
To prevent the excessive and unsightly crowding of tombstones, not more than one monument shall be permitted on a lot. The face of the monument/stone shall face west in part of Section 4, all of Section 5, all of Section 6, Lot Nos. 97-102, 109-114, 121-126, 133-136, 145 and 146, 153-158, 165-170, 177-182 and 189-194. All other markers shall have the face or name side facing in an easterly direction. All lots abutting the front (north-south) road shall not be sold until such time as the road will be straightened and electrical wires moved (encroaching on lots) (Lot Nos. 99, 100, 111, 112, 123, 135, 136, 155, 156, 167, 168, 179, 180, 191, 192).
A. 
For two-space lots only, markers shall consist of one piece only and shall not exceed 60 inches in length, 24 inches in width, 36 inches in height. For single graves only, markers shall be of one piece and very low, or of the flush to the ground type.
B. 
Foundations shall be finished true and level, be thick enough to carry the marker, and be flush with the sod and shall be at least four inches larger than the base of the marker and not more than five inches larger than the base of the marker, not to exceed 24 inches in width.
C. 
No marker, headstone or monument shall be placed at any grave or upon any lot unless the space or lot has been paid for in full and marked out by the Sexton three days in advance.
D. 
No material, except granite, a good grade of marble, or standard bronze, shall be used for marker or monument, and bronze may be used only if securely attached to a granite base. A solid, thick, cement foundation base must also be used.
E. 
Workmen engaged in placing stone shall provide suitable planks on the ground on which to move the same or to run trucks over. Immediately after a job is finished, all rubbish must be cleared away and the ground left clean and in good condition. Adjoining lots, paths, or roads where work is being done must not be blocked or injured. This rule will be strictly enforced.
F. 
Dealers or manufacturers, cards or advertisements shall not be marked on any stone or placed anywhere within the cemetery.
G. 
Objectionable monuments or inscriptions. If any monument, effigy or any inscription that may be placed upon any lot shall, in the judgment of the Cemetery Board, be offensive, improper or objectionable from any cause, it shall have the right to remove the same.

§ 179-9 Dogs prohibited.

Dogs will not be allowed in the cemetery, other than Seeing Eye dogs.

§ 179-10 Veterans markers.

Bronze flag holders shall be placed or affixed in the base of the marker and not on the grass area.

§ 179-11 Flowers and shrubbery.

A. 
There shall be no planting of flowers, shrubbery or other foundations on any cemetery lot. If flowers or shrubbery are desired, they shall be placed in a wire box or basket on a stand small enough so that they can be moved to facilitate mowing of individual cemetery lots. Cemetery urns now present may remain, in the event flower pots are furnished in the monument foundation, then no other receptacle for flowers or shrubbery shall be allowed.
B. 
No person or parties shall be allowed to dig in the ground of any lot or grave without written permission of the Cemetery Board.

§ 179-12 Records and reports.

A. 
The Sexton and the Secretary-Treasurer shall at all times keep an accurate record of burials in the cemetery. This record, besides containing all pertinent information relative to the person buried, shall contain a plat showing the exact location on the lot on which the grave is located. The Sexton shall make timely reports to the Cemetery Board of the number of interments, funerals or burials.
B. 
The Cemetery Board shall report to the Town Board on a quarterly basis and provide the Town Board with copies of all documents requested by the Town Board.
[Amended 9-8-2010]

§ 179-13 Hunting and trapping.

Hunting and trapping are not allowed on the grounds of the Wilderness Rest Cemetery.

§ 179-14 Compliance required; violations and penalties.

Members of the Wilderness Rest Cemetery Board shall comply with all applicable statutes, including §§ 157.07, 157.08, 157.11 157.50, 157.62, 157.64 and 157.65, Wis. Stats., all of which are incorporated herein by reference.