City of Clifton, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Clifton 12-20-1960 by Ord. No. 3319 as Chapter 11 of the Revised Ordinances of the City of Clifton, New Jersey, 1960. Amendments noted where applicable.]

§ 193-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CEMETERY
A place used for the burial of the dead and shall apply to and include any tract or parcel of land used in whole or in part for the burial of the dead, or any mausoleum, vault, crypt or structure intended to hold or contain the bodies of the dead, or any graveyard operated, conducted and maintained as an appurtenance to a church organization.

§ 193-2 Legislative determination.

It is hereby determined that the establishment, operation, conduct and maintenance of any new cemetery, or the extension of and addition to any cemetery presently conducted as such in the City, is contrary to the City's public policy and general welfare and is injurious to its inhabitants.

§ 193-3 Lawful places for burial.

It shall be unlawful for any person to bury or permit the burial of any human body in any cemetery in the City, except within premises now owned by the East Ridgelawn, West Ridgelawn, Mount Hebron and Immaculate Conception Cemeteries:
A. 
As said cemeteries are now described and contained in any resolution or ordinance of the City granting consent to the location and establishment thereof, or as otherwise permitted by ordinance passed pursuant to §§ 193-5 and 193-6 hereof.
B. 
As said cemeteries are now or hereafter may be actually laid out and lawfully used for the burial of the dead.

§ 193-4 Establishment or extension prohibited; existing cemeteries.

A. 
It shall be unlawful for any person to establish, extend, enlarge, operate, conduct or maintain any cemetery, either public or private, within the City, or to use or permit the use of any lands in the City for the burial of the dead; or to erect, build, place or maintain any building, mausoleum, crypt or structure in the City intended or used to hold or contain the bodies of dead persons. The provisions of this section shall not be construed to affect the operation, conduct and maintenance of any cemetery lawfully established, operated or maintained as a cemetery on or before March 15, 1938.
B. 
The provisions of this section shall not prohibit the use of premises owned and lawfully used for cemetery purposes, as the same may now be described and contained in any resolution or ordinance granting consent to the location of said cemetery, or as otherwise permitted by ordinance passed pursuant to §§ 193-5 and 193-6.

§ 193-5 Enlargement of existing cemeteries.

Any cemetery lawfully operating on or before March 15, 1938, may apply for the consent of the City to the enlargement and extension of such existing cemetery, provided that:
A. 
Such enlargement and extension shall be necessary to straighten out the lines of such existing cemetery.
B. 
All statutes are complied with and such enlargement and extension are otherwise permitted by law.
C. 
Part of the lands of such applying cemetery included within any previous consent, equal to or greater in area than those described in the application for enlargement and extension, shall, in the manner provided by law, be released from any public rights to use the same for burial purposes.

§ 193-6 Application for enlargement.

A written application for an enlargement or extension, as provided in § 193-5, shall be filed with the City Clerk. It shall describe the lands for which consent is requested and shall be accompanied by a descriptive map thereof. The City may, by ordinance, consent and approve such enlargement and extension of an existing cemetery, provided that the applicant has fully complied with the requirements thereof and the lands so proposed to be used and occupied for burial purposes do not exceed the area of the lands released.

§ 193-7 Violations and penalties.

[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or, in default thereof, by imprisonment for a term not exceeding 10 days. A separate offense shall be deemed committed upon each day during which or on which a violation occurs or continues.