[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
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.
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.
[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.
