[HISTORY: Adopted by the Cemetery Department (now Cemetery
Commission) of the Town of Great Barrington as indicated in article
histories. Amendments noted where applicable.]
[Adopted 7-1-1987; amended in its entirety 7-10-2000]
For the mutual protection of lot owners and the Town of Great
Barrington cemeteries as a whole, the following rules and regulations
have been adopted by the Town. All lot owners and visitors within
the cemeteries, and all lots sold shall be subject to said rules and
regulations. These rules and regulations will be subject to additional
rules and regulations, amendments or alterations as shall be adopted
by the Town from time to time, and the reference to these rules and
regulations in the deed of ownership to a lot shall have the same
force and effect as if set forth in full therein.
CEMETERY — The term "cemetery" is hereby defined
to include a burial park for earth interments; a community mausoleum
for vault or crypt interments, a crematory or crematorium and columbarium
for cinerary interments, or a combination of one or more than one
thereof.
The term "deed" shall apply to the original conveyance given
by the Town to the original purchaser.
The term "interment" shall mean the permanent disposition
of the remains of a deceased person by cremation and interment, entombment
or burial.
The term "lot" shall apply to numbered divisions as shown
on the record plot which consists of two or more plots.
The term "lot marker" refers to any means used by the cemetery
to locate corners of the lot or plot.
The term "marker" means a memorial flush with the ground.
The term "memorial" shall include a monument, marker, tablet,
headstone, private mausoleum or tomb for family or individual use,
tombstone, coping, lot enclosure, urn and crypt and niche place.
The term "monument" shall include a tombstone or memorial of granite, marble or such other weather-resistant material as may be approved by the Cemetery Commissioners, which shall extend above the surface of the ground. Monument designs are subject to the approval of the Cemetery Commissioners. Improper or offensive monuments, structures, or inscriptions can be removed from the cemetery. (See § 214-3J.)
The term "plot" shall apply to a space of sufficient size
to accommodate one adult interment approximately three feet by 10
feet.
The term "Town" shall mean the person or persons duly appointed
by the Town of Great Barrington for the purpose of conducting and
administering the cemetery in the Town.
A.
The cemeteries will be open during the hours of sunrise to sunset.
B.
Persons within the cemetery ground shall use only the roadways, walks
and pathways. The Town expressly disclaims liability for any injuries
sustained by anyone violating this rule.
C.
Persons visiting the cemetery or attending funerals are prohibited
from picking flowers, wild or cultivated, breaking or injuring any
tree, shrub or plant, or from writing upon, defacing or injuring any
memorials, fence, or other structure with the cemetery grounds.
D.
Motor vehicles must be kept under complete control at all times.
When meeting a funeral procession they must stop until the procession
passes. They must not pass a funeral procession going the same direction.
E.
The following things are prohibited:
(1)
The driving of motor vehicles through the cemetery at excessive speeds.
(2)
Driving any motor vehicle across any grave, lot or lawn without the
permission of Town.
(3)
Parking or leaving any vehicle on any road or driveway within the
cemetery at such a location or in such a position as to prevent any
other vehicle from passing the same.
(4)
No off-road vehicles, snowmobiles, dirt bikes, ATVs or horses allowed
in cemeteries.
(5)
The throwing of rubbish on the drives, roads or any parts of the
cemetery grounds.
(6)
The placing of boxes, shells, toys, metal design (except military),
ornaments, chairs, settees, vases, plastic decorations (not including
flowers) and similar articles upon plots will not be permitted and
if so placed, the Town reserves the right to remove same.
F.
It is of the utmost importance that there should be strict observance
of the proprieties in the cemeteries. Hence, all persons within the
cemeteries should avoid conduct unbecoming a sacred place. The following
are prohibited:
G.
It is the duty of the Town to see that the rules and regulations
are complied with, that order is maintained, and protect and promote
the best interests of the Town cemeteries.
H.
Special cases may arise in which the literal enforcement of a rule
may impose unnecessary hardship. The Town, therefore, reserves the
right to make exceptions, suspensions, or modifications of any of
these rules and regulations, without notice, when in the judgment
of the Town such action appears necessary; and such temporary exception,
suspension or modification shall in no way be construed as effecting
the general application of such rules and regulations.
I.
The Town hereby expressly reserves the right to adopt additional
rules and regulations or to amend, alter or repeal any rule, regulation,
article, section, paragraph or sentence in these rules and regulations
at any time. Sufficient notice will be given by the Town of any rule
change that will create expense, hardship or inconvenience to lot
owners or other individuals having business with the cemeteries.
J.
If any monument, effigy, or any structure whatsoever, or any inscription
is placed in or upon any lot, which shall be determined by the Town
to be offensive or improper, the Town shall have the right and it
shall be its duty to enter such lot and remove the offensive or improper
object.
K.
No lot of land shall be used for any other purpose than as a place
of burial for the dead; and no trees within the lot or border shall
be cut down, trimmed or destroyed, without the consent of the Town.
L.
No conveyance of any lot shall take effect until a record of the
same, containing the number of the lot, the party whom and to whom
conveyed, and the consideration thereof, shall have been made by the
clerk in a book kept for that purpose.
M.
All lots sold must have perpetual care on said lot.
N.
No deed to cemetery lots may be transferred without first obtaining
permission from the Town in writing.
P.
No more than eight graves may be sold to any one family.
Q.
There will be no funerals on any federal or state holiday. These
holidays are as follows:
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New Year's Day
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Martin Luther King Day
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President's Day
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Memorial Day
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Independence Day
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Labor Day
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Columbus Day
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Veterans Day
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Thanksgiving Day
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Christmas Day
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A.
Persons desiring to purchase lots should visit the cemetery where
the Town will aid them in making a selection and will take all necessary
information. Prices for lots will be whatever the most current price
list is.
B.
Before any burial is made in a plot or lot, complete payment for
the plot must be made to the Town.
C.
The Town reserves to itself and to those lawfully entitled thereto
a perpetual right of ingress over plots for the purpose of passing
to and from other plots. The Town also reserves the right to repair,
install and maintain water lines which may run across plots.
D.
Descriptions of lots will be in accordance with the cemetery plots
which are kept on file in the cemetery office for the Town.
E.
The Town will take all reasonable precautions to protect lot owners
and the property rights of plot owners within the cemeteries from
loss or damage; but the Town disclaims all responsibility for loss
or damage from causes beyond its reasonable control, and especially
from damage caused by the elements, an act of God, common enemy, thieves,
vandals, malicious mischief makers or unavoidable accidents.
F.
It is the duty of the plot owner to notify the Town of any change
of address.
G.
The instrument of conveyance of these rules and regulations and any
amendments thereto constitute the sole agreement between the Town
and the plot owner. The statement of any employee or agent, unless
confirmed in writing by the Town, shall in no way bind the cemeteries.
A.
The general care of the cemeteries is assumed by the Town and includes
the cutting of the grass at reasonable intervals, the raking and cleaning
of the grounds and the pruning of trees and shrubs that may be placed
by the Town; also the plowing of snow from the roadways in the winter
months.
B.
The general care assumed by the Town shall in no case mean the maintenance,
repair or replacement of any memorial, tomb or mausoleum placed or
erected upon lots; nor the doing of any special or unusual work in
the cemeteries. Nor does it mean the reconstruction of any marble
or granite work on any section or plot, or any portion or portions
thereof in the cemeteries, caused by the elements, and act of God,
malicious mischief makers, explosions, unavoidable accidents, whether
the damage be direct or collateral, other than as herein provided.
C.
The money received for perpetual care shall be held in trust and
invested as provided by law. The Town reserves the right, however,
either to handle all investments itself, or to deposit said funds
with any person, company, or corporation qualified to act as trustee
for such funds.
A.
All funerals, on entering the cemetery, shall be under the charge
of the Town and must follow the rules and regulations of the Town
in regards to the cemeteries.
C.
Forty-eight hours' notice is required for all interments due
to the removal of frost from the ground
D.
Notice of interment for a Saturday, Sunday, or Monday must be received
by the Town no later than 1:30 p.m. on Fridays.
E.
Funeral directors, upon arrival at the cemetery, must present the
necessary burial permit from the local health office.
F.
No interment of two or more bodies shall be made in one grave except
in the case of parent and child or infants. Up to three cremains may
be placed in one plot.
G.
Town employees are the only persons who will be permitted to open
graves.
H.
All burials must be made in burial vaults.
I.
All charges for interment and disinterment or any services in connection
therewith shall be paid to the Town.
J.
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. (See Subsection D for further time rules).
K.
If the employees of the Town cannot complete a grave closing by their
regular quitting time or they must work past their normal quitting
time, a charge in accordance with the DPW union contract will be applied
to the cost of the interment.
L.
All funerals must be away from the grave site on Saturdays and Sundays
by 1:00 p.m. to allow employees to finish their work. Any time the
funeral goes past this deadline of 1:00 p.m., an additional fee will
be charged according to the most current prices and fees sheet, unless
preapproved by the Town. Preapproval shall be considered for circumstances
such as two funerals in one day, availability of clergy, or other
special circumstances.
A.
The Town will undertake to maintain, as may be practicable, the planting
of trees and shrubs, to preserve and maintain landscape features,
but does not undertake to maintain individual plantings, or urns or
plants.
B.
There shall be no glass vases, jars or glass containers of any type
allowed in the cemeteries. They will be removed by the Town as soon
as they are found. Also, no decorations shall have wire hangers or
wires that stick into the ground due to the safety hazard that they
cause to cemetery workers and visitors.
C.
The Town shall not be responsible for any kinds of plantings damaged
by the elements, vandals, thieves or by other causes beyond its control.
The Town shall have the further 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 Town, they become
unsightly, dangerous, detrimental, or diseased, or when they do not
conform to the standard maintained.
D.
The Town shall not be liable for floral pieces, baskets, or frames
in which, or to which, such floral pieces are attached beyond the
acceptance of such floral pieces for cemetery services held in the
cemetery.
E.
Decorations may be placed on graves one week before Memorial Day
and must be removed by October 15 to allow for fall clean up. A maximum
of two approved containers may be placed on any lot at the main monument
only. No flowers or decorations of any type are allowed on individual
graves. All winter decorations may be placed on the main monument
after November 15 and must be removed by April 1 to allow for spring
clean up. All items left after these dates will be removed by the
Town and discarded.
F.
No fences, hedges or curbings shall be allowed on any conveyed lot.
A.
Memorial work and installation.
(1)
Only one main monument per lot may be above ground. Markers must
be flush with the ground. All must have foundations which meet the
specifications set by the Town. All foundations will be laid out by
the Town.
(2)
Any damage done to the grounds of the cemetery while a monument is
being installed will be repaired by the monument company to the satisfaction
on the Town. If repairs, clean up or completion of the work is not
done by the monument company, the Town reserves the right to have
the work completed and seek reimbursement from the monument company.
(3)
No monument company or its employees will drive any vehicle on any
grass, lawn or off of any blacktop or dirt road in a Town cemetery
without first receiving permission to do so by the Town. The monument
company will be responsible for any damage to lawns, grass, trees,
shrubs or other monuments that may be damaged by the monument company
in the performance of the installation.
(5)
When work should stop. Out of respect and for other obvious reasons,
all work of any description should cease while a funeral or interment
is being conducted nearby. It should also be required that trucks
and workmen withdraw to a reasonable distance from the location of
the funeral service.
(6)
No soliciting. Approaching the bereaved for the purpose of soliciting
any business within the cemetery is recognized as not in good taste
and, therefore, will not be permitted.
(7)
Agreement by monument retailer. Monument retailers and independent
stone setters agree to set monuments and markers in conformity with
cemetery requirements and in accordance with the trade standards of
proper methods of handling and settings. All joints should be sealed
against moisture with nonstaining material. If any fault resulting
from improper setting develops within one year from date of placement
in the cemetery, such fault will be rectified by the stone setter
without cost to the Town or lot owner.
(8)
Foundations. Monument retailers and independent stone setters agree
to install foundations in conformity with the Town's requirements
and in accordance with the trade standards of proper methods of workmanship
and materials. If any fault resulting from improper installation by
the monument retailers and stone setters develops within one year
from the date of installation, the monument retailer or stone setter
shall rectify the condition without cost to the Town or the lot owner.
All monuments and markers must have foundations.
B.
Single grave lots. On single grave lots, one piece memorials are
required.
C.
Individual markers. Individual markers shall be placed at the end
of the grave farthest from the base of the monument. In single grave
sections, all markers shall be placed at the foot of the grave. All
markers shall be flush with the ground.
E.
Right to remove. Should any monument, mausoleum or tomb become unsightly,
dilapidated, or a safety hazard to visitors, the Town shall have the
right at the expense of the lot owner to correct the condition or
to remove the same.
F.
Advertising. Striving for surroundings of peace and beauty as a setting
for monuments prohibits advertising of any description within the
cemetery.
G.
Outside workmen. All workmen employed by outside firms while within
the cemetery are subject to the regulations of the Town.
H.
Right to correct errors. The Town, at the monument retailer's
or stone setter's expense, may correct the damage to the cemetery
grounds or monuments or markers caused by the monument retailer or
stone setter or their its employees or subcontractors.
[Adopted 7-1-1987; amended in its entirety 7-17-2000]
Rates shall be as follows:
A.
B.
Deed transfers: $25. New lot restrictions apply.
C.
E.
Overtime charges. This section applies to all interments, including
cremains.
(1)
Overtime charges will be levied if personnel are required to complete grave closings after normal work hours. Charges will be in accordance with the DPW union contract. All funerals on Saturday and Sunday must be away from the grave by 1:00 p.m. to allow for closing of the grave. A charge of $45 per hour or part thereof will be levied if cemetery personnel cannot complete their work according to this schedule. Special arrangements may be considered if preapproved with the Town. (See § 214-6 of Article I, Rules and Regulations, for more information.)
(2)
When deemed necessary by the Town to open a grave at a time other
than regular business hours, regular interment charges and overtime
for employees in accordance with the DPW union contract will apply.
F.
Federal and state holidays. There will be no work/funerals scheduled
on any state or federal holidays. See rules and regulations observed
by the Town of Great Barrington.
H.
Corner posts. Fifty dollars per set of corner posts (four); six-inch
post required in all but single grave lots.
