[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.]
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.
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.
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.
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.
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.
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.
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.
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.
Construction of vaults and mausoleums is prohibited.
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.
