Town of Herman, WI
Dodge County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]

§ 179-1 Policy statement.

A. 
Purpose. The Town of Herman maintains three cemeteries for the benefit of all citizens. These rules and regulations are to ensure proper maintenance and beauty and to prevent abuse and destruction. The following rules and regulations are set forth in this chapter to govern the cemeteries. The Town reserves the right to amend or change any of these rules and regulations to conform to newly developed cemetery practices.
B. 
Management. Town cemeteries shall be subject to the control of the Town Board, and the Town Board may, from time to time, acquire land for cemetery purposes as the same is required, contiguous to said described premises, in the manner provided by law. The Town Board shall have full power and authority to exercise general supervision over said cemeteries and shall regulate the manner of burial and shall designate who shall be buried in the public grounds.
C. 
Sexton. The Town Board shall not appoint a sexton, and the duties and responsibilities of a sexton shall be performed by the Town Clerk.

§ 179-2 Platting of new cemetery lots.

A. 
Platting. Before any new block of a municipal cemetery is opened for the sale of lots, the Town Board shall cause it to be platted and recorded in the office of the Register of Deeds.
B. 
Single grave section. The Town Board shall designate certain lots as a single grave section, and lots therein shall be platted and sold as single grave lots. Unused portions of lots repossessed for nonpayment of assessments for care may likewise be designated and sold as single graves or otherwise.

§ 179-3 Purchase of lots.

A. 
Price of lots. The Town Board shall, by resolution, fix a price on all lots to be sold in a Town cemetery, a copy of which is on file with the Town Clerk.
B. 
Sale of lots. Persons or their agents desiring to purchase a lot in the cemetery shall be referred to the Town Clerk or to his/her duly authorized agent. The Town Clerk will have available suitable plats showing size and price of lots, and such other information as may be required, and will render assistance to those desiring to make lot purchases. Upon having made a lot selection, the Town Clerk will issue a deed to the lot in the form prescribed by the Town Attorney. The deed shall be signed by the Town Clerk and Town Chairperson and sealed with the corporate Seal and acknowledged so as to entitle it to be recorded. The purchaser may record this deed with the County Register of Deeds if desired, the cost thereof to be paid by the purchaser.

§ 179-4 Rights of interment.

A. 
Ownership rights.
(1) 
The lot owner or his/her authorized agent shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of the cemetery rules and regulations.
(2) 
Upon full payment of the purchase price of a lot, the Town Clerk will issue a cemetery deed, and the deed will be recorded in the records of the Town of Herman as evidence of ownership of the lot. All lots are exempt from taxation and cannot be seized for debt (except those owed to the cemetery), nor can they be mortgaged.
(3) 
The lot owner shall have acquired the lot for interment of himself/herself and members of his/her family. However, the lot owner may grant written permission (which must be notarized and placed on file with the Town Clerk) for the burial of other persons.
B. 
Burial of family members. Unless otherwise directed in writing and filed with the Town Clerk, the lot owner, his/her devisees, or his/her heirs, a Town cemetery will permit the interment of members of his/her family at the request of any interested person upon proof of eligibility for burial as follows:
(1) 
The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(2) 
When there is no surviving spouse, the devisees, or heirs of the owners, may, by agreement in writing, determine who among them shall have the right of interment or direction for interment, which agreement shall be filed with the Town Clerk.
(3) 
In the event that the owner, his/her devisees or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner shall have the right to interment in order of their need.
C. 
Ownership determination. All burial rights in cemetery lots purchased from the Town occupy the same position as real estate at the death of the owner. Only such persons whose names appear on the cemetery records of the Town will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by a will, and when ownership is to be determined, a certified copy of the will must be delivered to the Town Clerk before the Town will recognize the change of ownership. If the deceased lot owner left no will, satisfactory proof of descent must be provided. It is recommended that lot owners, in making their wills, include a provision covering the cemetery lots and devise the same to one person.
D. 
Resale or transfer. Lot owners may not resell or transfer their lots or parts of lots except as outlined below:
(1) 
The Town Clerk shall enter in the record kept for that purpose all deeds of transfer and reconveyance of cemetery lots. No such reconveyance shall be received and recorded by the Town Clerk until a fee has been paid therefor. Said fee shall go into the general cemetery fund.
(2) 
Reconveyance of lots or parts of lots may be made only by written application therefor upon forms furnished by the Town Clerk. Such application shall be executed by the owner(s) of the lots, or if the owner(s) is deceased, by the legal heirs. The application shall state the lot and block number.
(3) 
No owner of a cemetery lot shall sell, transfer or assign the same or the unused portion thereof to any other person without the Town's consent. The Town shall have a right of first refusal to repurchase such lot or part thereof at the current lot price. If the owner of any lot or part of a lot should sell or transfer the same without giving notice to the Town, except through probate, of such transaction, such sale or transfer shall be null and void.
E. 
Repossessed lots. Whenever possible, repossessed lots will be used for burials before new areas of the cemetery are used or platted.
F. 
Maintenance rights. The Town of Herman reserves the right for its workers and those persons necessary to the performance of normal cemetery operation to enter upon or cross over any lot in the cemetery in the performance of such duties.
G. 
Liability. The Town, or its employees, assumes no liability for damages to property or of person, or for physical or mental suffering arising out of the performance of its normal operations, or for loss by vandalism or other acts beyond its reasonable control.
H. 
Alterations. The Town reserves the right to alter, change or close alleys, roadways, water mains, and other physical public properties of the cemetery.

§ 179-5 Privileges and restrictions.

A. 
Plants and decorations.
(1) 
Planting restricted. The planting of trees and shrubs by private individuals is prohibited. Any planting must be done by cemetery personnel. The planting of trees and shrubs on newly purchased lots or parts of lots will not be permitted.
(2) 
Decorations. Decorations may only be placed in planters.
(3) 
Planters. Planters must be placed on the side or end of the monument.
(4) 
Liability. Decorations and planters are placed at the risk of the persons making such placement. The Town shall not be liable for any damage or loss of any plantings, decorations or planters.
(5) 
Enclosures. No hedges, fences or enclosures of any kind will be permitted on or around lots. Wooden boxes, wire containers, glass jars, bottles, toys, cans and other such objects may not be placed on lots and, if so placed, will be removed by the Town without notice.
(6) 
Artificial flowers. A limited number of artificial decorations may be used provided that they are in a vase or pot and, when used, will be treated as potted plants. Any artificial flowers not in containers will be removed from the cemetery by the Town Clerk. The Town Clerk or his/her designee reserves the right to remove unsightly or out-of-season decorations.
(7) 
Wire stands. Wreaths on wire stands must also be placed at the head of the lot near the monument or marker.
(8) 
Fresh flowers. Fresh cut flowers may be used any time. Containers for cut flowers are to be a type level with the ground surface and not holding water when not in use, or of the type to be disposed of when flowers are removed.
(9) 
Potted plants. Potted plants may be set on lots, without disturbing the sod, on special occasions, such as Memorial Day, birthday, anniversary, etc., but will be picked up and destroyed if unsightly.
(10) 
Mounds. No mound shall be raised upon any grave above the general level of the lot.
(11) 
Lot owners may remove, under the direction of the Town Clerk or his/her designee, large trees on grave sites that hinder the full usage of the grave site. The expense of the tree and stump removal will be paid for by the lot owners.
(12) 
Individual flowerbeds of growing plants are permitted but must be of a reasonable size. In case of doubt, the Town Clerk should be consulted. If these beds are not maintained and they become unsightly or undesirable, they will be removed by the Town.
(13) 
Plants or flowers may not be taken up or removed from the cemetery or cuttings removed from plants without permission from the Town Clerk or under his/her direction.
(14) 
Vines that interfere with the proper care of lots or graves and injure the grass will be removed when found objectionable.
B. 
Landscaping. All landscaping, care of lots and other work in the cemetery will be done by the Town of Herman. The Town shall retain the ownership of all aisles, including monument aisles.

§ 179-6 Rules for visitors.

In order to protect cemetery areas within the Town from injury, damage or desecration, these regulations are enacted. The term "cemetery" as hereinafter used in this section shall include all cemetery property, grounds, equipment and structures which are located within the Town of Herman. The Town Board shall have the authority to establish reasonable rules and regulations to regulate and govern the operation of any cemetery in accordance with state law and this Code of Ordinances. The Town shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flowerpots, urns or other objects on cemetery property. Placements of any such plantings, containers or objects shall be in accordance with established regulations of the Town.
A. 
Town cemeteries will be open to visitors at all times between the hours of 8:00 a.m. and 1/2 hour after the official sunset. Permission to enter the cemetery at any other time must be obtained from the Town Clerk or Town Board. No person shall be present upon any cemetery property without the Town's consent during posted hours when the cemetery is not open to the public. No person shall loiter or cause a nuisance or engage in any sport or exercise on any cemetery property without the Town Clerk's consent.
B. 
Children under 16 years of age will be admitted only when accompanied by parents or guardians.
C. 
Persons or picnic parties with refreshments or alcohol beverages are not permitted within any municipal cemetery. No person shall consume or have in his/her possession any open container containing an alcohol beverage upon any cemetery property within the Town unless the property is specifically named as being part of a licensed premises.
D. 
Firearms will not be allowed in the cemetery except in conjunction with military funerals. At all other times, firearms, bows and arrows, slingshots and other like articles will not be allowed. Driving golf balls is prohibited.
E. 
Pets, including animals of any species, are prohibited in any cemetery without the Town Clerk's consent. Dogs will only be allowed in the cemetery when confined in a vehicle.
F. 
No person shall trap in any cemetery without specific written authorization of the Town Clerk; nor shall any person kill, injure or disturb or attempt to injure or disturb any animals, birds or waterfowl, wild or domestic, within any cemetery in any manner except as provided by this Code of Ordinances; nor shall any person climb any tree or break, cut down, trample upon, remove or in any manner injure, deface, write upon or in any manner damage any tree, shrub, flower, flowerbed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery.
G. 
No person shall cut, remove, damage or carry away any flowers (either wild or cultivated), plants, vines, shrubs or trees from any cemetery lot or property, except the owner of the cemetery lot or a person with the cemetery lot owner's consent or any cemetery employee or representative engaged in official cemetery duties for the Town; nor shall any person without proper authority remove, deface, mark or damage in any manner any cemetery markers, headstones, monuments, fences or structures; nor shall any person without proper authority remove, damage or destroy any vases, flowerpots, urns or other objects which have been placed on any cemetery lot; nor shall any person move or remove any cemetery equipment without the Town Clerk's consent.
H. 
No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any cemetery without the Town Clerk's consent.
I. 
No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in any cemetery, except under these regulations.
J. 
Visitors are required to use the walks and drives whenever possible.
K. 
No person shall operate any motorized vehicle in any cemetery in excess of 15 miles per hour unless otherwise posted. No vehicle shall be driven in a reckless manner. Motor vehicles, including snowmobiles and all-terrain vehicles, are restricted to the roads and drives and parking areas. Except for authorized maintenance vehicles, no person shall operate a motorized vehicle, licensed or unlicensed, on any cemetery property outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. It shall be unlawful for a person to engage in any off-roadway operation of a motorized vehicle on cemetery property without the Town Clerk's consent.
L. 
No person, without the Town Clerk's consent, shall park any motor vehicle in any cemetery on any grassy or seeded area or upon any location except a designated parking area, nor shall any person park a motor vehicle on cemetery property for any purpose except engaging in official cemetery business. Any unlawfully parked motor vehicle may be towed or removed by the Town at the vehicle owner's expense.
M. 
No riding of bicycles, motorbikes, snowmobiles, motorcycles or other such vehicles will be allowed in a Town cemetery unless such vehicles are present in conjunction with cemetery business. No person shall operate or make use of a play vehicle upon any cemetery property without the Town Clerk's consent. As used in this subsection, "play vehicle" shall mean any coaster, skateboard, roller skates, sled, toboggan, unicycle, or toy vehicle upon which a person may ride.
N. 
No person shall operate or play any amplifying system or sound device in any cemetery without the Town Clerk's consent.

§ 179-7 Interments and disinterments.

A. 
Interments.
(1) 
Interments will be made only during daylight hours.
(2) 
All interments shall be made in a permanent outer container excluding the use of wood.
(3) 
All graves shall be dug by the Town under the direction of the Town Clerk or his/her authorized agent. Depth of graves shall conform to the Wisconsin Department of Health Services specifications. Seeding will be done by the Town.
(4) 
The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Department of Health Services.
(5) 
There will be no responsibility on the part of the Town for the protection and maintenance of flowers, wreaths, emblems, etc., used in conjunction with funerals.
(6) 
When definite information for locating a grave is not available 36 hours prior to grave preparation to meet the time requested for interment, the cemetery may exercise its best judgment in making a location in order that the requested time for interment may be met. The cemetery assumes no responsibility for any error or inconvenience of such location, and an additional charge will be made for any change requested.
(7) 
The Town Clerk or his/her agent shall, whenever possible, be given 36 hours' notice to assure the opening and preparation of a grave prior to interment. Banning unforeseen or other untoward circumstances, such grave shall be opened and prepared in time for interment.
(8) 
The interment of two bodies in one grave will not be allowed, except in case of a mother and infant, twin children, or two children buried at the same time, or in special circumstances with the approval of the Town Clerk or his/her agent. Two cremains may be buried on one lot. Only two markers will be allowed on a grave space of which one shall be flush with the ground and of a size which meets the approval of the Town Clerk or his/her agent.
(9) 
Aboveground burials will not be allowed.
(10) 
Pets or other animals shall not be buried in the cemetery.
B. 
Disinterments.
(1) 
Disinterments of bodies from graves in the cemetery will be made only by the Town in accordance with the requirements of the State Department of Health Services. Charges set by the Town for removal must be paid in advance.
(2) 
Lot owners, or their heirs, desiring graves opened may secure the necessary disinterment permit from the state and deliver the same to the Town Clerk or his/her designee. All removals will be made by the Town under the supervision of a licensed embalmer.
(3) 
For sanitary reasons, graves will not be reopened for inspection except for an official investigation.

§ 179-8 Monuments and markers.

A. 
Grave markers and foundations will be set only by the monument company according to regulations specified by the Town of Herman. Monuments shall be no higher than 36 inches in height. Except as herein otherwise provided, under no conditions will the Town construct monument or marker bases or erect monument or markers on bases. Grave markers shall be set with a suitable cement foundation with at least a four-inch wash for trimming of grass. The Town reserves the right to require the construction of a foundation of such size, material and design as will provide ample insurance against settlement or injury to the stone work. The top of the concrete foundation will be constructed flush with the ground line. Grave markers will be set on a straight line on the back side of the lot. Whenever possible, all markers will be set with a five-inch margin, with 12 to 15 inches on at least one end. Verbal permission is required and shall be available from the office of the Town Clerk or his/her designee.
B. 
The setting of monuments, stones and markers and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the Town Clerk or his/her designee. Unless special arrangements are made with the Town Clerk or his/her designee, such work shall be conducted between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, except on national holidays. Whenever possible, at least 24 hours' notice shall be given to the Town Clerk that said work is to take place. Heavy trucking will not be permitted within a Town cemetery when, in the opinion of the Town Clerk or his/her designee, such work might cause damage to the driveways. Except when special permission is obtained, all work as outlined above shall be completed and debris removed immediately.
C. 
The Town reserves the right to refuse permission to erect any monument work not in keeping with the good appearance of the grounds. The size of the monument and/or stone work must be given to the Town Clerk or his/her designee and approved before said work will be permitted on a lot. All monuments must be set in line with other monuments so far as possible as directed by the Town Clerk or his/her designee.
D. 
Stone work or monumental work, once placed on its foundation, shall not be removed, except by permission of the Town Clerk.
E. 
The lot must be paid in full or other assurance given of payment before markers and monuments are set.
F. 
Temporary markers must be removed or replaced with a permanent marker within one year.
G. 
Any additional head or foot markers must be set flush with the ground. Bronze government markers may be placed on the back side of a family stone.

§ 179-9 Vaults and mausoleums.

Construction of vaults and mausoleums is prohibited.

§ 179-10 General provisions.

A. 
It is urged that lot owners interest themselves in the present and future care of their lots, as a single neglected lot mars the beauty of the entire cemetery.
B. 
All fees and charges as outlined in the current schedule of fees and charges are payable at the office of the Town Clerk, where receipts will be issued for the amounts paid.
C. 
A schedule of the fees and charges, as established by the Town Board, shall be on file in the office of the Town Clerk. Such schedule may change from time to time without advance notice to conform to current economic conditions.
D. 
The Town will take reasonable precautions to protect all private property, lots and/or grave owners' property in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its control and especially from the acts of thieves, vandals and rioters and from all acts of Providence, including wind, tornadoes, hail, snow, rain and frost, whether the damage is indirect or proximate.