[HISTORY: Adopted by the Common Council of the City of Fox Lake as Title 8, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
A. 
State statutes adopted. Chapter 157 of the Wisconsin Statutes is adopted by reference and made a part of this section insofar as such chapter is applicable.
B. 
Cemetery conveyed to City. The Waushara Cemetery Association having voted to convey cemetery property and all trust funds pertaining thereto to the City on April 4, 1952, and the Common Council having accepted such offer by resolution in accordance with § 157.064(5), Wis. Stats., such acceptance is hereby confirmed.
C. 
Liabilities not assumed. The liabilities of the Waushara Cemetery Association shall not be assumed by the City except by special consent of the Common Council.
D. 
Cemetery name. The name of the cemetery shall be Riverside Memorial Park.
E. 
Purpose. The Riverside Memorial Park Cemetery is owned and maintained by the City for the benefit of all citizens. The following rules and regulations are set forth in this chapter to govern the cemetery. The City reserves the right to amend or change this chapter to conform to newly developed cemetery practices.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Interments. All graves shall be opened and closed under the direct supervision and approval of the Cemetery, Transfer Station and Recycling Committee, which may collect charges for excavation and closing. All charges shall be paid in full prior to interment. The Cemetery, Transfer Station and Recycling Committee shall determine such charges.[1]
[1]
Editor's Note: Throughout this chapter, all references to the "Cemetery Board" were amended to "Cemetery, Transfer Station and Recycling Committee" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Regulations. The Cemetery, Transfer Station and Recycling Committee may make such regulations for management and care of the cemetery that it deems proper and necessary.
A. 
Sale of lots. The transfer of all lots in the Riverside Memorial Park shall be by action of the Cemetery, Transfer Station and Recycling Committee. The Mayor and the City Clerk shall execute all conveyances. No grave or lot shall be conveyed unless perpetual care has been paid for in full, such payment to be made prior to interment. No lot or grave shall be resold by a private owner without first offering the same to the City at cost.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Perpetual care.
(1) 
Fees. The sale of graves with perpetual care shall be according to the terms established by the Common Council.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Distribution of fees. Forty percent of the fees collected under Subsection B(1) shall be placed in the perpetual care fund, and 60% of such fees shall be placed in the operating fund of Riverside Memorial Park.
(3) 
Amendments to fee provisions. The fees for perpetual care may be changed by the Cemetery, Transfer Station and Recycling Committee subject to approval by the Common Council.
A. 
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.
(1) 
Upon full payment of the purchase price of a lot, the City Clerk will issue a cemetery deed, and the deed will be recorded in the records of the City as evidence of ownership of the lot. Lots, or fractions of lots, for which lot deeds have been issued by the City will not thereafter be divided except by consent of the City. All lots are exempt from taxation and cannot be seized for debt (except those owed to the cemetery) nor can they be mortgaged.
(2) 
All repossessed vacant grave spaces shall be subject to the same fees and charges.
(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 City Clerk) for the burial of other persons. No corpse shall be interred in a lot except the corpse of one having an interest therein, or a relative, or the husband or wife of such person, or his or her relative, except by the consent of all persons having an interest in the lot.
B. 
Unless otherwise directed in writing and filed with the City Clerk, the lot owner, his/her devisees, or his/her heirs, the 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 owner, 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 City Clerk.
(3) 
In the event 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. 
All burial rights in cemetery lots purchased from the City 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 City 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 City Clerk before the City 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. 
Lot owners may not resell or transfer their lots or parts of lots except as outlined below:
(1) 
The 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 Clerk until a conveyance fee has been paid therefor. Said fee shall go into the general municipal fund.
(2) 
Reconveyance of lots or parts of lots may be made only by written application therefor upon blanks furnished by the City Clerk, the same to be approved by the Cemetery, Transfer Station and Recycling Committee. 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 Cemetery, Transfer Station and Recycling Committee's consent. The Cemetery, Transfer Station and Recycling Committee shall have the right of first refusal to repurchase such lot or part thereof at the current grave price. If the owner of any lot or part of a lot should sell or transfer the same without giving notice to the Cemetery, Transfer Station and Recycling Committee, except through probate, of such transaction, such sale or transfer shall be null and void.
E. 
Whenever possible, repossessed lots will be used for burials before new areas of the cemetery are used or platted.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No mound shall be raised upon any grave above the general level of the lot.
B. 
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 Cemetery, Transfer Station and Recycling Committee without notice. Urns are not permitted on lots sold after the passage of this chapter. Existing urns shall be removed by the Cemetery, Transfer Station and Recycling Committee as they become unsightly or deteriorated and shall not be replaced. However, before any such urn is destroyed or discarded, the last owner of record of the lot shall be notified by registered or certified mail with return receipt requested that such urn has been removed from the grave and will be destroyed unless the owner thereof claims the same within 30 days after mailing of such letter.
C. 
All artificial flowers displayed in the cemetery must be in containers and placed at the head of the grave lot. Any artificial flowers not in containers will be removed from the cemetery by the caretaker.[2]
[2]
Editor's Note: Throughout this chapter, all references to "sexton" were amended to "caretaker" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Wreaths on wire stands must also be placed at the head of the lot.
E. 
Fresh cut flowers may be used any time and will remain until, in the judgment of the caretaker, they become wilted or unsightly. 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 the flowers are removed.
F. 
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 or preserved for use in the cemetery beds if suitable.
G. 
All landscaping, care of lots and other work in the cemetery will be done by the City, but it is desired that each lot owner feel free to consult with those in charge of the cemetery at all times. Their advice will be cheerfully given without charge and may be of much value to those contemplating the purchase of or improvements to cemetery lots. The City shall retain the ownership of all aisles, including monument aisles.
H. 
The City reserves the right for its personnel 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.
I. 
The City, or its employees, assumes no liability for damages to property or of persons, 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.
J. 
The City reserves the right to alter, change or close alleys, roadways, water mains and other physical public properties of the cemetery.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The cemetery 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 caretaker or the Cemetery, Transfer Station and Recycling Committee.
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.
D. 
Dogs will only be allowed in the cemetery when confined in a vehicle. This subsection does not apply to a service dog assisting a person with a disability.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
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.
F. 
Visitors are required to use the walks and drive whenever possible and shall not pick any flowers (either wild or cultivated), injure any shrub, tree or plant, or mar or deface any monument, stone or structure in the cemetery.
G. 
Vehicles traveling within the cemetery shall not exceed 15 miles per hour. No vehicle shall be driven except on roads designated for that purpose, nor shall such be driven in a reckless manner.
H. 
No riding of bicycles, motor bikes, motorcycles or other such vehicles will be allowed in the cemetery unless such vehicles are present in conjunction with cemetery business.
A. 
Interments.
(1) 
Interments will be made only during daylight hours. Interments will not be made on Sundays or official City holidays, except by order of a physician.
(2) 
All interments shall be made in a permanent outer container excluding the use of wood.
(3) 
All graves shall be dug by the City under the direction of the caretaker or his authorized agent. Depth of graves shall conform to the Dodge County Human Services and Health Department specifications. A charge for opening and closing a grave, including the sodding and seeding of the plot, will be made at a current rate set by the City. Said charge will be paid to the City Clerk prior to performance of the service. No burial will be allowed until all fees have been paid to the City Treasurer and an authorization has been issued. This authorization must be presented to the caretaker.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
No burial will be permitted until a legal burial transit permit has been presented to the caretaker. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the Dodge County Human Services and Health Department.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
There will be no responsibility on the part of the City for the protection and maintenance of flowers, wreaths, emblems, etc., used in conjunction with funerals.
(6) 
The lot owner or funeral director shall designate on the interment form the location of the grave on the lot to the caretaker, and any change in location made after the opening of a grave has begun shall be at the expense of the lot owner. 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 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 caretaker 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) 
When several burials occur in a one- or two-day period, said burials may be scheduled at the discretion of the caretaker, but in a prompt and efficient manner.
(9) 
The interments 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 caretaker or his agent.
(10) 
More than one cremains may be buried in a single grave space. Only two markers will be allowed on a grave space of which one will be flush with the ground and of a size which meets the approval of the caretaker.
B. 
Disinterments.
(1) 
Disinterments of bodies from graves in the cemetery will be made only by the City in accordance with the requirements of the Dodge County Human Services and Health Department. Charges set by the City for removal must be paid in advance.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Lot owners, or their heirs, desiring graves opened may secure the necessary disinterment permit from the state and deliver the same to the cemetery caretaker. All removals will be made by the City 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 City. Except as herein otherwise provided, under no conditions will the City construct monument or marker bases or erect monuments or markers on bases. The City 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. Whenever possible, all markers will be set with a five-inch margin. A permit shall be available from the office of the caretaker or his assistant.
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 caretaker. Unless special arrangements are made with the caretaker, such work shall be conducted between the hours of 8:00 a.m. and 4:00 p.m., Mondays through Fridays, except on national holidays. Whenever possible, at least 24 hours' notice shall be given to the caretaker that said work is to take place. Heavy trucking will not be permitted within the cemetery when, in the opinion of the caretaker, 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 City 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 caretaker or his/her agent 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 cemetery caretaker or his assistant.
D. 
Stone work or monumental work, once placed on its foundation, shall not be removed, except by permission of the cemetery caretaker.
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.
Construction of vaults and mausoleums is prohibited.
A. 
The planting of trees and shrubs on newly purchased lots or parts of lots will not be permitted except by approval of the caretaker.
B. 
Lot owners may remove under the direction of the caretaker 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.
C. 
Artificial decorations are prohibited unless in a vase or pot and, when used, will be treated as potted plants.
D. 
Individual flowerbeds of growing plants are permitted but must be of a reasonable size. In case of doubt, the caretaker should be consulted. If these beds are not maintained and when they become unsightly or undesirable, they will be removed by the City.
E. 
Plants or flowers may not be taken up or removed from the cemetery or cuttings removed from plants without permission from the caretaker or under his/her direction.
F. 
Vines that interfere with the proper care of lots or graves and injure the grass will be removed when found objectionable.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 City Treasurer, where receipts will be issued for the amounts paid.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A schedule of the fees and charges, as established by the Cemetery, Transfer Station and Recycling Committee, shall be on file in the office of the City Clerk. Such schedule may change from time to time without advance notice to conform to current economic conditions.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The City 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.
A. 
Purpose and definition. In order to protect cemetery areas within the City 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, both privately and publicly owned, which are located within the City of Fox Lake.
B. 
Authority to establish rules and regulations. The cemetery property owner 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 cemetery property owner shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flower pots, urns or other objects on cemetery property. Placement of any such plantings, containers or objects shall be in accordance with established regulations of the cemetery property owner.
C. 
Specific regulations.[1]
(1) 
Disturbing cemetery property. No person shall cut, remove, damage or carry away any flowers, 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 cemetery owner; 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 owner's consent.
(2) 
Protection of cemetery property. No person shall trap in any cemetery without specific written authorization of the owner; 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. No picnics, parties, or similar gatherings are permitted.
(3) 
Motor vehicles. Motor vehicles are restricted to the roads and drives and parking areas. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle 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 owner's consent.
(4) 
Speed limit. No person shall operate any motorized vehicle in any cemetery in excess of 15 miles per hour unless otherwise posted.
(5) 
Parking. No person, without the owner'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 cemetery property owner at the vehicle owner's expense.
(6) 
Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any cemetery without the owner's consent.
(7) 
Pets. Pets, including animals of any species, and horses are prohibited in any cemetery. Dogs may be allowed when confined in a vehicle. This subsection shall not apply to a service dog assisting a person with a disability.
(8) 
Sound devices. No person shall operate or play any amplifying system or sound device in any cemetery without the owner's consent.
(9) 
Authorized notices. 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 cemetery regulations and other signs authorized by the owner. No person shall remove, deface or damage in any manner any official sign or notice posted in any cemetery.
(10) 
Loitering prohibited. No person shall loiter or cause a nuisance or engage in any sport or exercise on any cemetery property without the owner's consent.
(11) 
Alcohol beverages prohibited. No person shall consume or have in his/her possession any open container containing an alcohol beverage upon any cemetery property within the City unless the property is specifically named as being part of a licensed premises.
(12) 
Play vehicles prohibited. No person shall operate or make use of a play vehicle upon any cemetery property without the owner'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.
(13) 
Presence after hours prohibited. No person shall be present upon any cemetery property without the owner's consent during posted hours when the cemetery is not open to the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).