City of Glens Falls, NY
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glens Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 28 of the 1967 Code]

§ 77-1 Care of lots.

A. 
In the case of lots sold hereafter, the purchase price shall include an endowment for perpetual care. The income from the endowment shall cover the cutting of grass upon the lot at reasonable intervals, the removal of fallen leaves and branches, the raising of the grade, where necessary, and the correction of sinking or leaning monuments, headstones and markers. For all other work on lots, a charge is made.
B. 
In the case of lots heretofore sold for which no endowment for perpetual care was included in the purchase price or has otherwise been provided, the owners thereof shall pay an annual assessment, which shall be fixed by the Cemetery Commissioners, for the cutting of grass, the removal of fallen leaves and branches, the raising of the grade, where necessary, and the correction of sinking or leaning headstones and markers. Lot owners may at any time provide perpetual care for lots by paying the perpetual care allotment specified in § 77-13.

§ 77-2 Transactions.

All business pertaining to the purchase of lots, burials thereon and/or the erection of markers, monuments, additional work, etc., must be transacted at the office of the Cemetery Superintendent, and no agreement will be recognized unless entered into at said office.

§ 77-3 Improvements.

Owners who wish improvements upon or any work performed in addition to the regular care and maintenance of their lots may have the same done by applying at the office of the Cemetery Superintendent. A written application must be given stating what is desired, payment for which shall be made at the office of the Cemetery Superintendent. No improvement will be made on any lot against which there are unpaid charges. All work and improvements on the cemetery grounds, with the exception of the erection of monuments, markers, index stones, vaults, mausoleums and columbariums, must be performed by and under the direction of the Cemetery Superintendent. Any work performed in violation of these rules and regulations will be removed by the Cemetery Superintendent at the expense of the owner of the lot.

§ 77-4 Trees and plants; removal.

A. 
Trees, shrubs, flowering or other plants may be cultivated on lots, subject to the approval of the Cemetery Superintendent, but only such varieties as are in good taste and in keeping with the general plan of the grounds. No tree or shrub growing within the lot may be removed without the consent of the Cemetery Superintendent, and no plant, flower, tree or shrub may be taken out of the cemetery without his special permission.
B. 
However, if any tree or shrub situated in any lot shall, in the opinion of the Cemetery Superintendent, become, by means of its roots or branches or in other ways, detrimental to the adjacent lots, streets, alleys or walks or prejudicial to the general appearance of the grounds or dangerous or inconvenient to passersby, the Cemetery Superintendent shall have the right to enter said lot and direct the removal of said tree or shrub or such parts thereof as he may consider detrimental, prejudicial, dangerous or inconvenient.

§ 77-5 Chairs and benches.

Chairs or benches must be submitted to the Cemetery Superintendent for inspection before they are brought into the cemetery and must not be brought in until approved by the Cemetery Superintendent. In case such permission is granted, the Cemetery Commission disclaims any responsibility for the same.

§ 77-6 Fences and other items.

A. 
No boxes, shells, toys, wire arches, discarded glassware or similar articles inconsistent with the proper keeping of the grounds will be permitted upon any lot or grave.
B. 
Enclosures or guards around graves will not be allowed. Fences, railings, copings, hedges or other enclosures will not be permitted.
C. 
When fences, hedges, copings and other enclosures erected previous to the enactment of this chapter around any lot have, by reason of neglect or age, become objectionable in the judgment of the Cemetery Commission, said Commission shall have the right to instruct the Cemetery Superintendent to have such enclosures removed.

§ 77-7 Neglected lots.

Where lots which have not been endowed for perpetual care shall, in the opinion of the Cemetery Commission, have a neglected appearance caused by sinking of the grounds or graves, by monuments or headstones leaning or from other causes, the Cemetery Superintendent shall have the necessary work done to put the lot in proper condition, charging the cost of doing the same to the owner, and no interment shall be made upon such lot until the amount has been paid.

§ 77-8 Sale of lots for nonpayment of assessments.

[Amended 12-18-1997 by L.L. No. 8-1997]
On all lots where there has been a default in payment of annual assessments levied for care thereof, no burials or other work will be permitted until the same are paid in full. At any time after five years, if in that period no payment of assessments has been made on a lot, the Cemetery Commission may advertise the unoccupied portion of said lot for sale. The advertisement, listing the number of the lot, the owner of record and the amount of back assessments, will be inserted in the official newspaper at least once each week for two weeks and also a notice that said lots will, on a day at the expiration of said two weeks to be specified in such notice, be offered for sale at a place to be designated in said notice in the City of Glens Falls. The City of Glens Falls may be a bidder or purchaser at any such sale. The ownership of the unoccupied portion of said lots, 66 2/3 square feet or in excess thereof, remaining unsold will, subject to the provisions of § 1513(d) of the Not-For-Profit Corporation Law, revert back to the City of Glens Falls and may be disposed of for cemetery purposes in the most advantageous manner that the Cemetery Commission sees fit.

§ 77-9 Monuments, markers and index stones.

The owner of each lot may erect a monument or marker or index stone thereon, subject to the right of the Cemetery Commission to prohibit the erection of any such stone or monument which, in its opinion, would be detrimental to or detract from the general appearance of the cemetery. Only one monument on each lot and one index stone or marker at each grave will be allowed. The location of the monument must be designated by the family or its representatives, subject to the approval of the Cemetery Superintendent. A stone more than 14 inches thick, 24 inches wide and 24 inches in height will be considered a monument. Monuments will not be allowed in the single grave sections. A marker intended to include two graves may be allowed but must not exceed the regulation size as hereafter specified in § 77-14E. Monuments or markers constructed of any material other than stone or standard bronze will not be allowed. It is recommended that, whenever possible, granite be used, as experience has shown that in this climate it is more enduring than most other materials.

§ 77-10 Construction of vaults and tombs.

A. 
Vaults, tombs, mausoleums and columbariums may be permitted, provided that complete working plans and specifications for the same are first submitted to the Cemetery Superintendent and the site, design and construction of the proposed structure receive the approval of the Cemetery Commission. All such structures, whether built partially or entirely above ground, must be of stone and all exposed parts of granite. In all cases, they must be furnished with crypts made of stone, slate or concrete where interments can be made separately and hermetically sealed.
B. 
Before any vault, tomb, mausoleum or columbarium is erected, the owner of the lot must deposit with the Cemetery Superintendent a sum of money estimated by the Cemetery Commission to be sufficient to yield an income for the proper care of such structure in perpetuity.

§ 77-11 Offensive and dilapidated structures.

A. 
No monument, vault, tomb, effigy nor any structure whatever nor any inscription thereon which shall be determined by the Cemetery Commission to be offensive or improper shall be placed in or upon any lot. Should the lot owner fail to keep in good repair any stone or ornamental work on a lot, after due notice by registered mail to the last known address of the lot owner of record, the Cemetery Superintendent may enter upon such lot and repair or remove said offensive, improper or dilapidated object or objects and make a reasonable charge therefor.
B. 
If any vault, tomb, mausoleum, columbarium, sarcophagus or similar structure erected in or upon any lot shall become dilapidated or decayed and said structure shall be determined by the Cemetery Commission to be offensive, dangerous or detrimental to the general appearance of the cemetery, said Cemetery Commission shall have the right, after due notice by registered mail to the last known address of the lot owner of record, to cause such dilapidated structure to be removed and the bodies therein, if any, to be interred on said lot and the lot graded and improved to correspond with the surrounding grounds and to make a reasonable charge therefor.

§ 77-12 Interments.

[Amended 6-2-1987 by L.L. No. 1-1987]
The following regulations are hereby made concerning interments:
A. 
The Cemetery Superintendent or some employee of the cemetery must be in attendance at each interment.
B. 
No interment of any body other than that of a human being will be permitted in the cemetery.
C. 
No interment will be permitted without the written request of the owner of the lot or some responsible member of the family, which shall be presented to the office of the Cemetery Superintendent, together with the exact dimensions of the outside case or rough box and a description of its type, i.e., a pine or cypress box or a concrete or steel vault.
(1) 
Upon the presentation of the above request, the Cemetery Superintendent will issue an order for the opening of a grave, vault or tomb, for which order the fees and charges must be paid to the Cemetery Superintendent and credited to the cemetery fund.
(2) 
All such orders shall be made out on blanks of the Cemetery Commission provided for that purpose and must be obtained at least eight business hours before the time for interment.
(3) 
No order shall be issued for interment on any lot against which there are unpaid assessments for annual care or other charges.
(4) 
No grave shall be opened by any workmen but those employed by and under the direction of the Cemetery Commission.
(5) 
Application for the order must contain the following information:
(a) 
The name of the deceased.
(b) 
The place and time of birth.
[Amended 12-18-1997 by L.L. No. 8-1997]
(c) 
The place and time of death.
(d) 
The time of the funeral.
(e) 
The cause of death.
(f) 
The marital status of the deceased (unmarried, married or widowed).
[Amended 12-18-1997 by L.L. No. 8-1997]
(g) 
The place of last residence.
(h) 
The relationship to the owner of the lot.
(6) 
The applicant must also furnish a Board of Health permit, as required by law.
D. 
Disinterments may be made with the consent of the Cemetery Commission upon the written application of the owner or owners of the lot and of the surviving wife, husband, children, (if of full age) or parents of the deceased. If the consent of any such person cannot be obtained or if the Cemetery Commission refuses consent, the consent of the Supreme Court shall be sufficient. Disinterments must only be made by the cemetery employees. The charge for removal shall include the restoration and resodding of the grave from which the remains have been removed.
E. 
Two interments in one grave will not be permitted, except in the case of a mother and infant child or of twin children under 10 years of age or of two children under 10 years of age buried at the same time, but two or more interments of cremated remains may be allowed together or with other remains in one grave, with the consent of the Cemetery Commission. The number of graves and interments of cremated remains to be allowed on lots will be regulated by the Cemetery Commission, but on no lot will more markers or index stones be permitted than the number of graves allowed.
F. 
When interments are to be made, the boxes or vaults to be used must be delivered at the site of the grave in the cemetery at least two working hours previous to the time of burial. After the burial service, the box or vault shall be closed or sealed by the furnisher of the equipment. If extra work is required to be done by the cemetery employees, the charges therefor must be paid when the order for interment is given.
G. 
When instructions regarding the location of a grave on a lot cannot be obtained or are indefinite or if, for any reason, the grave cannot be opened where specified, the Cemetery Superintendent may, at his discretion, open the grave in such location on the lot as he deems best and proper so as not to delay the interment.
H. 
All graves shall be within the line of the lot and shall be at least five feet deep for adults and of sufficient depth for children.
I. 
Burials will not be allowed in the cemetery on Sunday and all holidays recognized by the City of Glens Falls, unless special permission therefor is granted by the Cemetery Superintendent.

§ 77-13 Charges.

[Last amended 12-28-2010 by Res. No. 456]
Until otherwise established by resolution(s) of the Common Council without a public hearing upon the recommendation of the Cemetery Commission or following a public hearing in the absence of a recommendation of the Cemetery Commission, the following prices (to include perpetual care) shall be paid in advance to the Cemetery Superintendent in all cases:
A. 
Lots:
(1) 
Single grave: $650 ($375 for lot; $275 for perpetual care).
(2) 
Cremation lot: $325 ($200 for lot; $125 for perpetual care).
B. 
Opening fees:
Type of Opening
Fee
Winter Opening Fee (December 1 to March 31)
Weekday
$650
$800
Saturday (also applies to digging on a Saturday for a Monday interment)
$850
$950
Cremation, weekday
$275
$325
Cremation, Saturday
$400
$450
Infant, weekday
$250
$375
Infant, Saturday
$350
$475
Disinterment
$650
N/A
Mausoleum, weekday
$300
$400
Mausoleum, Saturday
$400
$500
NOTE: There will be an overtime charge of $100 added to the opening fee for funerals arriving after 3:00 p.m.
C. 
Other services:
(1) 
Vault rental: $150 (does not apply to Glens Falls Cemetery burials).
(2) 
Recording fee for cremations interred with a full size: $100.

§ 77-14 Regulations for vaults and monuments.

[Amended 6-2-1987 by L.L. No. 1-1987]
A. 
Contractors employed to build vaults or mausoleums or erect monuments, tombstones and markers or do any other permissible work on lots must first present an application, duly signed by the owner or representative of the lot, requesting permission to employ such contractor to do the work therein specified. For the erection of any structure requiring a foundation or for the setting of markers, the application must be accompanied by an order signed by the contractor to whom will be charged the building of foundations. Such applications and orders are to be delivered to the office of the Cemetery Superintendent. A bond indemnifying the City against claims for damages shall be furnished by the contractor.
B. 
Vaults, tombs and mausoleums may be permitted, subject, however, to the regulations herein contained.
C. 
Bases of monuments and markers must be dressed on the underside of an even, level bed, leaving the stone on a uniform thickness. No underpinning or any material to level bases will be permitted. Markers and index stones of more than one piece will not be allowed.
D. 
Markers and index stones must be cut square on the bottom and reasonably plumb, straight and smooth on the sides.
E. 
Markers must have butts not less than one foot in length and eight inches thick at the bottom, and all markers must be set on foundations of a depth of three feet below grade. Markers and index stones shall be not less than six inches thick and one-foot wide above the base, nor shall they be more than two feet wide and one foot two inches thick, including the base, nor exceed two feet in height above the ground.
F. 
All structures must have foundations of solid masonry of a depth and size deemed proper by the Cemetery Superintendent and built by the monument dealer. The minimum depth for foundations for small stones (up to 24 inches by 12 inches) shall require three feet in depth below the grade. All other stones and monuments must be a least five feet below the grade.
G. 
No markers or monuments are set by employees of the cemetery, and no tools will be furnished for this purpose. Monument firms must submit the exact size of a monument or marker, whereupon an estimate of foundations will be given and a payment required before work is begun. The exact dimensions of the lowest base length and width must, in all cases, be the sizes which are submitted for an estimate for foundations. No foundation is to appear in any part above the lowest point of the grade. When corner posts are permitted, they must be set flush with the ground.
H. 
No iron work shall be used in any structure, but dowels, anchors and other necessary metal must be of standard bronze, copper or brass.
I. 
No material for the construction of vaults, mausoleums, monuments or such other structures may be brought into the cemetery until required for immediate use, nor shall any be placed on adjoining lots without special permission from the Cemetery Superintendent.
J. 
Markers, corner posts or material of any kind for the construction of vaults, mausoleums, monuments, etc., must not be brought into the cemetery on Saturday, and no work shall be commenced on that day which cannot be finished before 4:00 p.m. without special permission of the Cemetery Superintendent.
K. 
Vaults, monuments and such structures may not be erected in the cemetery during winter nor in the spring when the frost is coming out of the ground nor in wet weather without a special permit from the Cemetery Superintendent, and planks or boards must be used at all times to protect the grass on lots and in the walk while dumping, rolling and handling stone in the erection of all structures.
L. 
Guy ropes must not be fastened to trees or monuments without a special permit from the Cemetery Superintendent, and sufficient padding must be used around trees to protect them.

§ 77-15 General rules.

The following are hereby made the general rules governing the public cemeteries in the City of Glens Falls:
A. 
No heavy vehicle will be allowed in the cemetery in wet weather, and no vehicle shall exceed a speed of 10 miles per hour, nor shall any vehicle under any circumstances leave the roadways. Motors of automobiles must not be permitted to run during burial services.
B. 
No motor truck or other vehicle so loaded that the total weight of the portion of the vehicle and the load combined resting upon any wheel shall exceed 700 pounds for each inch in width of tire or having a total gross weight upon any wheel exceeding 6,000 pounds will be allowed in the cemetery, except that, should it be necessary to bring into the cemetery a load consisting of a single inseparable article weighing more than herein specified, a special permit may be obtained from the Cemetery Superintendent.
C. 
No vehicle which has any flange, rib, clamps or such device attached to or made a part of its wheels is permitted to operate over the roads in the cemetery, but automobiles equipped with ordinary chains are not excluded.
D. 
Workmen must suspend their labors if they are in the immediate vicinity of an interment until the conclusion of the services.
E. 
Workmen will not be allowed on the grounds in the evening after 5:00 p.m. unless by special permission.
F. 
All rubbish made by builders or their employees must be removed without delay.
G. 
No person shall wantonly injure or damage any monumental work, tree, shrub, plant, fence or memorial.
H. 
No sign indicating that a lot, vault or tomb is for sale will be permitted in the grounds.
I. 
The Cemetery Commission may from time to time lay out or alter the roadways or walks of the cemetery.
J. 
Sprinkling pots must not be left upon any lot, tree, shrub or fence. If so found, they will be removed by the Cemetery Superintendent.
K. 
Dogs will not be allowed in the cemetery at any time.
[Amended 9-14-1988]
L. 
The throwing of rubbish on the roadways or any part of the grounds is strictly prohibited.
M. 
No advertisements in any form will be allowed.
N. 
Trespassing through the cemetery for convenience is prohibited.
O. 
Children under the age of 14 years shall not enter the cemetery unless attended by some older person responsible for their conduct.
P. 
No person shall sit, walk upon or occupy any private lot not belonging to him or a member of his family, congregate about a grave while funeral ceremonies are in progress unless accompanying the funeral or discharge firearms within the cemetery except at military funerals.

§ 77-16 Penalties for offenses.

[Amended 12-18-1997 by L.L. No. 8-1997]
Any violation of any of the rules and regulations of the Glens Falls Cemetery shall, upon conviction thereof, subject the offending party to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both, for each offense.
[Adopted as §§ 13-16 and 13-17 of the 1967 Code]

§ 77-17 Use prohibited.

No person shall operate a bicycle, tricycle, velocipede or other vehicle propelled by foot or hand power within the limits of the Glens Falls Cemetery.

§ 77-18 Penalties for offenses.

[Amended 12-18-1987 by L.L. No. 8-1987]
Any person violating the provisions of this article shall, upon conviction, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.