The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
BURIAL SPACE
A plot, or portion thereof, in a cemetery designed and intended
for the interment of a human body, but not used for such purpose.
CEMETERY
One or a combination of more than one of the following:
A.
A burial ground for earth interments.
B.
A mausoleum for crypt entombment.
C.
A crematory for the cremation for human remains.
CEMETERY BOARD OF TRUSTEES
The three individuals appointed by the Village Council to
oversee the proper operation of the cemetery. They are invested by
law with the duty of managing and controlling the cemetery.
CEMETERY MERCHANDISE
All merchandise sold to the public by a cemetery, including
vaults, concrete boxes, monuments, memorials and foundations.
CEMETERY OFFICE
The main office of the cemetery located at 121 North Disbrow
Street.
CEMETERY SERVICES
All services offered to the public, including grave openings
and closings.
CREMATION
The incineration of the body of a deceased person.
INTERMENT
The disposition of human remains by earth interment, entombment
or inurement.
LOT
Two or more numbered plots.
LOT MARKER
Any means used by the cemetery to locate corners of the lot
or plot.
MANAGEMENT
The Prospect Hill Cemetery sexton, or representative thereof,
or the Village Manager.
MARKER
A memorial flush with the ground.
MAUSOLEUM
A structure used, or intended to be used, for the entombment
in a crypt in the structure of the remains of deceased persons.
MEMORIAL
A monument, marker, tablet, headstone, private mausoleum
or tomb for family or individual use, tombstone, lot enclosure, urn
and crypt and niche place.
MONUMENT
A tombstone or memorial of granite or marble which shall
extend above the surface of the ground.
NONRESIDENT
A person whose primary mailing address is not within the
corporate limits of the Village.
OWNER
Any person owning or possessing the privileges, license or
right of interment in any burial space.
PLOT
A space of sufficient size to accommodate one adult interment
approximately three feet six inches by 10 feet.
RESIDENT
A person whose primary mailing address is within the corporate
limits of the Village.
SEXTON
The Village Department of Public Works Superintendent.
The provisions of this chapter apply to Prospect Hill Cemetery.
Cemetery plots may be sold both to residents and nonresidents
by the Cemetery Sexton or his representative. The rate to be charged
for a cemetery plot shall be determined by the Cemetery Board of Trustees
and approved by the Village Council from time to time. Before any
burial can be made in a plot or lot, complete payment for the plot
must be made to the cemetery. Descriptions of plots will be in accordance
with the cemetery plats which are kept on file at the cemetery office.
All sales of plots shall be made on a form jointly approved
by the Cemetery Board of Trustees and the Village Council, which grants
a right to burial only and does not convey any other title to the
plot or burial space sold. Such form shall be executed by the Village
Clerk, the Cemetery Sexton or a representative thereof. No sale of
plots are allowed to a funeral home or representatives thereof unless
for the burial of their personal family. The instrument of conveyance
of this chapter and any amendments thereto constitute the sole agreement
between the cemetery and the plot owner. A statement by any employee
or agent, unless confirmed in writing by the management, shall in
no way bind the cemetery.
It shall be the responsibility of the Cemetery Sexton, or a
representative appointed by him, to record, upon the notice of a burial
needing to take place, the following information in a book or other
form which is readily available to, and kept by, the management:
C. Residence and age of deceased;
E. In the case of a minor, the name of his parents.
No plot or lot shall be used for any purpose other than for
the burial of the human dead. The right to enlarge, reduce, replat
or change the boundaries or grading of the cemetery, or a section,
from time to time, including the right to modify or change the locations
of or remove or remap roads, drives or walks shall be reserved by
the cemetery board, but is not a right of plot owners. The right to
lay, maintain and operate, or alter or change pipe lines or gutters
for sprinkling systems, drainage or any other purpose, is also expressly
reserved by the cemetery board. The cemetery board also reserves to
itself and to those lawfully entitled thereto a perpetual right of
ingress and egress over plots for the purpose of passing to or from
other plots.
Cemetery plots or lots sold after the effective date of the
ordinance from which this chapter is derived, and remaining vacant
70 years from the date of their sale, shall automatically revert to
the Village upon the occurrence of the following events:
A. Notice shall be sent by the Village Clerk by registered mail to the
last known address of the last owner of record informing him of the
expiration of the seventy-year period and that all rights with respect
to such plots or lots will be forfeited if he does not affirmatively
indicate in writing to the Village Clerk, within 60 days from the
date of mailing of notice, his desire to retain such burial rights.
B. If no written response to such notice indicating a desire to retain
the cemetery plots or lots in question is received by the Village
Clerk from the last owner of record of such plots or lots, or his
heirs or legal representative, within 60 days from the date of mailing
of such notice.
C. Under this chapter, the board of cemetery trustees shall reserve
the right to cancel the conveyance of burial rights to any party or
representative thereof involved in the conveyance of burial rights
if the Cemetery Board of Trustees determines that the rules and regulations
of the cemetery spelled out in this chapter are not followed.
The money received for perpetual care shall be held in a trust,
namely in the cemetery perpetual care fund, and invested as provided
by law. The Cemetery Board of Trustees may exercise the right, however,
either to handle all investments itself, or to deposit funds with
any person, company or corporation qualified to act as trustee for
such funds.
The cemetery reserves, and shall retain, the right to correct
any errors that may be made by it either in making interments, disinterments
or removals, of 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 management, or, in the sole discretion of the management, refunding
the amount of money paid on account of such purchase. If such error
shall involve the interment of the remains of any person in such property,
the cemetery reserves and shall have the right to remove or transfer
such remains so interred to such other property of equal value and
similar location as may be substituted and conveyed in lieu thereof.
Management and the employees of the cemetery are the only persons
who will be permitted to open graves with the following exceptions:
A. When the cemetery is directed to make a disinterment by order of
a court of competent jurisdiction and a certified copy of such order
has been filed with the management.
B. When the coroner directs the disinterment for the purpose of holding
an inquest and has filed with the management a signed authorization
to release the body to himself and his lawful agents. In such case,
the disinterment must be made by the coroner or his lawful agents.
Cemetery employees will not be permitted to assist the coroner or
his agents.
The specific charges for interment are listed under §
144-9. All charges for interment or services in connection with such interment shall be paid to management who will issue a receipt upon request. Arrangements for the payment of any and all indebtedness due to the cemetery must be made before interment will be made.
Management reserves the right to remove mounds which hinder
the free use of a lawn mower or other grading apparatus. Management
also reserves the right to prevent plot owners and family from grading,
leveling or excavating upon a burial space unless the management gives
permission.
All burials shall be within a standard concrete/steel/fiberglass/nylon
vault installed or constructed in each burial space before interment.