[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]
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.
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.
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.
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.
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.
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.
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.
[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.
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.
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.
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.
[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.
[Added 11-28-2017 by L.L.
No. 8-2017]
Whereas the State of New York passed a law in 2016 allowing
New Yorkers to be buried with their cremated pets in the same cemetery
plot, and the Glens Falls Common Council, upon the recommendation
of the Cemetery Commission, hereby adopts a section allowing the burial
of the cremated remains of domestic animals (pets) to take place in
the Glens Falls Cemetery, with the exception of a lot, plot or part
thereof, whose owner of record is an incorporated or unincorporated
religious association or society controlled by a religious corporation,
the following regulations are hereby made concerning pet interments:
A.
That the cremains of said pet shall be buried within the casket of
the owner at their time of death or in a separate container within
the same grave as the owner and buried at the same time.
B.
That a separate grave will in no case be dug for the burial of a
pet and the burial of only a pet shall not be allowed and, after burial,
the City of Glens Falls will not disinter the remains of a pet for
any reason without a court order.
C.
That a cremation certificate or proof of cremation shall be required
before a pet can be buried in the Glens Falls Cemetery. This document
will be forwarded to the Glens Falls City Clerk's office with the
pet owner's burial or cremation certificate and retained with other
Glens Falls Cemetery records.
D.
That all pet ashes must be in a separate container from human ashes
and that the Glens Falls Cemetery does not allow the ashes of pets
or humans to be scattered on any lot within the cemetery.
E.
That the Glens Falls Cemetery shall allow the burial of a pet on
any lot in the cemetery as long as all of the guidelines are followed.
There will be a filing fee of $50 for this service.
F.
That the following information shall be required for a pet to be
interred at the Glens Falls Cemetery: proof of plot custodian's authorization
allowing for the burial of the pet on the plot, name of the pet and
animal type, date of death and interment date of pet, location of
interment and whether interred within the casket with the owner or
separately.
G.
That any revisions to these regulations may be made by the Glens
Falls Cemetery Commission and Glens Falls Common Council upon approval
and adoption of such regulations by both the Cemetery Commission and
the Common Council.
[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:
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.
|
[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.
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.
[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]
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.
[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.
