[HISTORY: Adopted by the Special Town Meeting
of the Town of North Reading 3-12-1973 by Art. 2, approved 10-11-1973. Amendments noted where applicable.]
A.
All Town-owned cemeteries shall be under the direction
and supervision of the Director of the Department of Public Works.[1]
[1]
Editor's Note: Throughout this chapter, all
references to the Superintendent of Public Works were amended to refer
to the Director of Public Works 10-2-2000 ATM by Art. 6, approved
3-29-2001.
B.
He shall be responsible for all maintenance, construction,
and all other duties generally associated with cemeteries, including
the enforcement of these by-laws.
C.
In subsequent sections of this chapter, the word Director
shall mean the Director of Public Works. The Director may delegate
his authority to a designee, who in turn shall have the same power
as the Director.
[Amended 10-5-2015 OTM
by Art. 18, approved 1-14-2016]
A.
Notice of 24 hours before the announced time of the
funeral will be required. In cases of extreme weather conditions,
causes beyond human control, documented religious or cultural limitations,
or because of any other extenuating circumstances, the Director may
schedule an interment as conditions permit. No funerals will be permitted
on Sundays or on any of the following holidays: July 4th, Labor Day,
Thanksgiving, Christmas, or New Year’s Day.
B.
Upon reaching the cemetery, all funerals shall be
under the charge of the Director.
C.
No interment shall be made until the Director has
been furnished with such permits, as required by the Laws of the Commonwealth,
together with an order of interment signed by the owner or legal representative
of the lot in which interment is to be made, and all charges against
said lot or grave and all fees for such interment have been paid.
D.
No interment will be permitted to be made other than
at a right angle to the avenue or path on which the lot or grave is
located. Exceptions to this rule may be allowed by the Director when
deemed in the best interest of the Town.
E.
Not more than one (1) adult and one (1) cremation
urn will be allowed to be interred in a single grave.
F.
A child under six (6) months of age may be interred
with an adult in a single grave.
When applicable a charge will be made for the
use of the receiving tomb as hereinafter provided. The Director reserves
the right to order the removal of a body from the receiving tomb at
any time.
The deed for a lot or grave will specify its
dimensions and the inhabitants of the Town shall not be held liable
for any statement, either expressed or implied, as to the number of
graves such lot may contain.
A.
Only one (1) grave marker will be allowed on a single
grave.
B.
Curbings, fences, corner posts, above grade urns,
platforms, steps, buttresses, settees, concrete or stone vases are
not allowed.
C.
Erection of above grade monuments shall be limited
to those complete sections and/or complete rows of sections as designated
by the Director of Public Works. Such monuments shall not exceed one
(1) foot deep by four (4) feet wide by three (3) feet high for each
lot containing two (2) or more graves.
[Amended 10-17-1977 ATM by Art. 21, approved 2-28-1978; 10-8-1981 ATM by Art.
16, approved 3-2-1982]
D.
All grave markers must be set so that the long dimensions
shall be placed parallel with the path or avenue on which the lot
or grave is deeded. Grave markers must be set flush with the grade
and must not exceed two (2) feet in length by one (1) foot in width,
and must be smooth on all edges and the bottom. All grave markers
must be set under the supervision of the Director. No upright markers
are permitted. Exceptions to the rules governing the placement of
grave markers may be allowed by the Director when deemed to be in
the best interests of the Town.
E.
Whenever a memorial is to be removed, cleaned, or
an inscription placed upon it, the proper order must be filled out
and signed by the owner of the lot.
F.
Workmen employed in the cutting of inscriptions or
the cleaning of existing monuments shall be under the control and
direction of the Director.
A.
There shall be no planting or disturbing the sod whatsoever.
B.
If any existing tree or shrub situated on any lot
of land shall, by means of its roots or branches or otherwise, become
detrimental to said lot or any adjacent lot or become dangerous or
inconvenient, it shall be the duty of the Director, and he shall have
the right, to enter upon said lot and remove said tree or shrub or
any part as he may determine dangerous or inconvenient.
C.
Baskets or other containers shall have legs so that
they will not rest directly on the ground and should be removed by
the owners if they wish to preserve them; otherwise, they shall be
removed by the Director when, in his judgment, the plants or flowers
have decayed. The Town is not responsible for any flowers, baskets,
or any other decoration placed on lots or graves by the owner.
D.
No person shall gather any flowers, remove, cut, or
damage any tree or shrub, or mark, deface, or disturb any monument.
No lots or graves shall be purchased without
payment of a perpetual care charge. Income derived from fees assessed
for perpetual care shall be used forever to fill, level, top, dress,
cut, and take care of the grass on such lot or grave.
A.
No lot or grave in the cemetery shall be sold to any
person other than a legal resident or former legal resident of the
Town or on behalf of a legal resident or former legal resident.
B.
Ownership in a burial lot or grave is not transferable,
except upon the decease of a proprietor of such lot, the title thereto
shall vest in his heirs-at-law or devisees, according to General Law,
Chapter 114, Section 29.
C.
Whenever a purchaser of a burial lot or grave removes
his residence from the Town he may, if he so desires, resell his ownership
back to the Town for a price not to exceed the original purchase price.
D.
No rights of burial shall be sold to nonresidents
of the Town other than former legal residents of the Town. There shall
be an additional charge for any nonresident buried in any lot or grave
purchased by a resident.
No work of any kind shall be performed on any
lot or grave except under the supervision of the Director.
No grave shall be opened for interment or removal
by any person not in the employ of the Department of Public Works.
A.
The Select Board is authorized to establish a schedule
of fees, charges, etc., for the sale of lots, interments, removals,
use of tombs, etc.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
B.
A copy of this schedule shall be placed with the Town
Clerk.
C.
The Select Board may, from time to time, review said
fees and charges and establish a new schedule. Such revisions shall
become effective thirty (30) days after public notice in a newspaper
having circulation within the Town.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
D.
Fees and charges shall be payable to the Town Collector.
Dogs and bicycles are not allowed in the cemetery
at any time.
There shall be no unauthorized persons allowed
in the cemetery after dark.
The Town is authorized to accept gifts for the
establishment of a fund for the purpose of beautifying the cemetery.
Such funds to be administered under the direction of the Director.
