[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 3-3-1997 by Ord. No. O97-03. Amendments noted where
applicable.]
A.
The Mayor and Town Council of Oakland shall assess
fees and charges as set forth by resolution.[1] The fees and charges so established may be amended by
the Mayor and Town Council of Oakland by its resolution, adopted by
a simple majority of any voting quorum.
[Amended 1-7-2008 by Ord. No. O2007-09]
[1]
Editor's Note: The current fees and charges
are available from the Town Clerk.
B.
All perpetual care money collected under Subsection A hereof shall be deposited by the Town Clerk in the Oakland Cemetery Trust Fund. The Mayor and Town Council are hereby appointed a committee of the whole to administer said Trust Fund, and the Mayor and Town Council shall have complete authority to invest the same as they see fit, to retain advisors for that purpose to pay the ongoing expenses of the cemetery therefrom, including the expenses of perpetual care, and any other expenses associated with the said Oakland Cemetery.
[Amended 1-7-2008 by Ord. No. O2007-09]
C.
The Clerk shall continue to maintain a record of fees
paid along with a copy of the burial permit.
A.
The Town Clerk shall periodically review the charges
and collections made pursuant to the Town's operation of the Oakland
Cemetery, and shall report to the Mayor and Town Council the names
of any person and/or business entity which has unpaid and outstanding
charges for any use of or services by or on behalf of the Oakland
Cemetery.
[Amended 1-7-2008 by Ord. No. O2007-09]
B.
The Mayor and Town Council, immediately upon verifying the delinquencies reported to it by the Town Clerk, shall provide to each delinquent person or business entity a demand for immediate payment, along with a copy of this chapter, notifying said delinquent person and/or business entity that this chapter, in § 111-2C hereof, requires payment within 10 days of receipt of said notice, and appraising the delinquent person and/or business entity of the penalties associated with failure to pay said delinquencies.
C.
In the event any delinquent person and/or entity, who receives notice under Subsection B above of a delinquency in the payment of any charges and/or assessments made by or on behalf of the Mayor and Town Council with respect to the cemetery, has not paid the same, in full, within 10 days of the date the said notice is mailed, the privilege of said person to enter upon the cemetery, to conduct burials in the said cemetery, or to do any other thing or provide any service with respect thereto, will be automatically and categorically suspended without further notice, and thereafter any person and/or entity so suspended who attempts to provide any service with respect to the cemetery, including any burial, the opening of any grave, or any other such service, shall be guilty of a municipal infraction and subject to the penalties set forth in Chapter 40, Municipal Infractions.
[Amended 1-7-2008 by Ord. No. O2007-09]
Upon and from the date of this chapter, interest shall accrue on all delinquent assessments and charges not paid within 15 days of their being posted at the legal rate, and said interest charges shall become part of the charges and assessments to which the provisions of § 111-2C hereof apply.
The Mayor and Town Council hereby establishes
the following rules and regulations with respect to the use and operation
of the Oakland Cemetery:
A.
Any person, including but not limited to funeral directors,
desiring to offer or perform grave opening services, to dig graves,
to maintain graves for profit, or to perform any service upon the
premises of the Oakland Cemetery, shall register for the same and
receive a written permit from the Mayor and Town Council of Oakland.
B.
All grave openings at the Oakland Cemetery, and all
burials, and other such services, shall be done with as little disturbance
to the surrounding graves and/or properties as possible, and the person
carrying out such grave opening and/or burial, and any funeral director
or other person directing or contracting for any grave opening and/or
burial, shall be responsible to see that the premises is left in good
order, free of debris and trash. Any person or business entity doing
damage to any surrounding gravesites or property, whether by the operation
of a backhoe or digging machinery, or whatever means, shall be responsible
to restore the same, or to pay the cost thereof in the event that
the Mayor and Town Council of Oakland is required to do such restoration.
C.
No graves shall be opened, and no services shall be performed on the said cemetery premises, including the commercial maintenance of any grave, any burial, or any other such services, except by a person registered pursuant to Subsection A hereof.
D.
Before any grave is opened, the funeral director must
complete and submit to City Hall the form shown as Attachment B.[1] Failure to follow this subsection shall result in a revocation
of the registration of said person and/or entity, and a prohibition
against said person and/or entity providing any further such services
on the Oakland Cemetery premises.
[1]
Editor's Note: Attachment B is available from
the Town Clerk.
E.
Within two working days of the date of any funeral, all charges and fees which are required to be paid in association with such grave opening, burial, etc., as provided for in § 111-1A hereof, must be paid to City Hall. Failure to follow this subsection shall result in a revocation of the registration of said person and/or entity, and a prohibition against said person and/or entity providing any further such services on the Oakland Cemetery premises.
F.
Within two working days of the date of any funeral,
the burial permit required and location of burial in association with
the burial must also be submitted to City Hall, who acting as Sexton
must sign and submit the permit to the Department of Health and Mental
Hygiene. Failure to follow this section shall result in a revocation
of the registration of said person and/or entity, and a prohibition
against said person and/or entity providing any further such services
on the Oakland Cemetery premises.
[Amended 1-7-2008 by Ord. No. O2007-09]
G.
In the event proper fees and paperwork are not submitted
to City Hall, the funeral director will be notified that his permit
is revoked and contact will be made with the family to collect the
fees and burial location.
H.
Any person or business entity who continues to enter upon the premises of the Oakland Cemetery for the purpose of performing any such services, or who contracts or causes any such services to be performed, including any funeral director involved in any burial, after a revocation of said privileges, shall be guilty of a municipal infraction and subject to the penalties and fines set forth in Chapter 40, Municipal Infractions.
[Amended 1-7-2008 by Ord. No. O2007-09]
I.
With regard to cremations, it shall be the policy
of the Mayor and Town Council to permit the burial of cremated remains
in the Oakland Cemetery. It shall be the policy to allow up to eight
cremations in a single grave lot. Permits, notification of location,
payment of perpetual care and other fees shall be required as with
normal burials. Only one headstone will be permitted per grave.
[Amended 1-7-2008 by Ord. No. O2007-09]
J.
It shall be the policy of the Mayor and Town Council
of Oakland that permanent flowers, decorations, fences, etc., shall
not be permitted at the Oakland Cemetery. Only temporary flowers and
decorations shall be permitted so as to allow proper care and maintenance
of the cemetery. The Town shall not be responsible for any flowers,
decorations, etc., placed in the Oakland Cemetery.
[Amended 1-7-2008 by Ord. No. O2007-09]
[Added 2-2-2015 by Ord. No. O2015-02]
A.
The Town of Oakland reserves the right to refuse admission or use
of any cemetery facility at any time, to any person or persons whose
conduct the Town of Oakland deems objectionable to the best interest
of the cemetery.
B.
The Town of Oakland may refuse to permit interment unless all fees
associated with a burial have been paid unless special permission
is granted. This would include any indebtedness of any kind due to
the Town of Oakland or cemetery perpetual care fund for the lot, burial,
perpetual care, etc., of those owning or heirs having right to the
grave plots.
C.
Only one person may be buried in a single grave burial space, with
the exception of certain infant burials, cremations, and double depth
burials. With permission from the Town of Oakland, an infant may be
buried in the same grave as an adult, provided that an eighteen-inch
cover is maintained on the infant. Up to two cremated remains may
be buried in a grave site with a single person. The Town of Oakland
will permit two people to be buried in a single gravel burial space
if the first grave is first dug double depth. No disinterment will
be permitted to achieve a grave site with two persons.
[Amended 5-3-2021 by Ord. No. O2021-03]
D.
Scattering of cremains is strictly forbidden. Up to eight buried
cremations shall be permitted in a single grave plot.
E.
A crypt or mausoleum will not be permitted in the Oakland Cemetery.
F.
For all burials, a casket is required and must be enclosed in an
outer container. Wooden boxes as outer containers are not permitted.
Steel vaults may be used as outer containers only if they are seven
gauge or better; otherwise they must be surrounded by at least two
inches of concrete reinforced on top. Only first-class vaults are
to be used. All outside containers are subject to the approval of
the Town of Oakland.
G.
Caskets shall not be opened on the cemetery grounds. Caskets shall
not be opened for viewing during any graveside services.
H.
All grave openings, lowering of bodies, grave filling, disinterment,
etc., must be performed by authorized contractor or personnel.
I.
Since the cemetery is a public place and is visited during various
times of the day, including weekends, it is not possible to police
the cemetery on a continuous basis. For this reason, the Town of Oakland
distinctly disclaims all responsibility for loss or damage from causes
beyond its reasonable control, and especially from damage caused by
the elements, an act of God, common enemy, thieves, vandals, strikers,
malicious mischief makers, explosions, unavoidable accidents, invasions,
insurrections, riots, or orders of the military or civil authority,
whether the damage be direct or collateral, other than as herein provided.
J.
Persons within the cemetery grounds shall use the access provided,
and any person injured while walking on the grass shall in no way
hold the Town of Oakland liable for any injuries sustained.
K.
Motorized vehicles/equipment shall not be driven through the grounds
at a speed greater than five miles per hour, and must always be kept
on the access roadway. Motorized vehicles/equipment are not allowed
to turn around on the driveway or roadway, and are not allowed to
park or come to a full stop in front of an open grave unless such
automobiles are in attendance at the funeral. At no time shall any
motorized vehicle/equipment leave the roadway and drive upon the grassy
parts of the cemetery.
L.
The Town of Oakland, its personnel or representatives reserve to
itself, and to those lawfully within the cemetery, a perpetual right
of ingress and egress over plots for the passage to and from other
plots.
M.
If any tree, shrub, or plant standing upon any lot, by means of its
roots, branches, or otherwise, be or become detrimental to adjacent
lot or avenues, or if for any reason its removal is deemed necessary,
the Town of Oakland shall have the right and it shall be their duty,
to remove such tree, shrub, or plant, or any part thereof, or otherwise
correct the condition existing as in their judgment seems best.
N.
If any memorial, or any structure, whatsoever, or any inscription
to be placed on the same, shall be determined by the Town to be offensive,
the Town shall have the right and it shall be its duty, to enter upon
such lot and remove, change, or correct the offensive or improper
object or objects.
O.
No enclosure of any kind, such as a fence, coping, hedge, or ditch,
shall be permitted around any grave or lot or memorial, unless installed
by the Town of Oakland for general beautification. Grave mounds will
not be allowed and no lot shall be raised above the established grade.
No person shall pluck or remove any plant or flower, either wild or
cultivated, from any part of the cemetery.
P.
No person shall be permitted to enter or leave the cemetery except
by the public access. The cemetery shall be considered to be open
from sunrise through sunset, according to the season of the year.
Q.
Any person found on the grounds after dark will be considered a trespasser
and may be fined or prosecuted.
R.
Once a casket containing the body is committed to the care of the
cemetery, no person or persons, without the consent of the legal representatives
of the deceased, or a court order, shall be permitted to move the
casket, open the casket or to touch the body. Policy on removal of
bodies where there is a contest between interested parties: see Cemetery
Legal Compass, August, 1948; Volume 13; No. 8; Page 616: "Upon the
death of a married person, the surviving husband or wife is entitled
to the custody of the dead body, and charged with the duty of furnishing
proper burial; that when the duty has been discharged, the remains
of the dead have been buried, the right of custody in the surviving
husband or wife at once ceases, and it may properly be said that the
dead body thereafter is in the custody of the law, because the disturbance
of its resting place and its removal is subject to the control and
direction of a court of equity in any case properly before it." See
Smith v. Shepherd, 54 AT. 806,807. The Town of Oakland, therefore,
will make no commitment on its position whether it will or will not
allow the disinterment to take place, unless it is presented with
a court order to do so.
S.
Any person desiring to remove a body from a grave space of another
must present a written permit signed by the owner for such removal,
and also himself sign a request to have such a removal made. These
shall remain on file in the office of the Town of Oakland. When a
removal is to be made, the cemetery shall have the right to require
a new outer box to be used, if a steel, concrete, plastic, or fiberglass
vault has not been used.
T.
The Town of Oakland or its representative reserves the right to decide
the depth and size that a grave shall be dug in the earth, subject
to legal and health requirements.
U.
The Town of Oakland or its representative shall have the authority
to remove all floral designs, flowers, weeds, shrubs, plants, herbage
of any kind, from the cemetery as soon as, in the judgment of personnel,
they become unsightly, dangerous, detrimental, or diseased, or when
they do not conform to the standards maintained. The cemetery shall
not be liable for any floral decorations, plants, or displays damaged
by the elements, thieves, vandals, or by other causes beyond its control.
V.
The general care of the cemetery grounds is assumed by the Town of
Oakland under the provisions of a care trust fund agreement. General
care does not apply to the repairs or replacement of memorials, unless
damaged by cemetery workers. It does not apply to the repairs or replacement
of structures, or other property when the damage is caused by vandals,
thieves, acts of God, common enemy, riots, or by the order of any
military of civil authority, or acts beyond the control of the Town
of Oakland.
W.
No plantings are permitted. All work and planting of any kind on
all lots and graves are prohibited without special permission.
X.
Only the owner of a plot and his relatives will be permitted on the
cemetery plot. Any other person thereon shall be considered as a trespasser,
and the corporation shall owe no duty to said trespasser to keep the
property, or the memorial thereon, in a reasonably safe condition.
Y.
Bringing lunches, beer or intoxicating liquors within the cemetery
is strictly forbidden.
Z.
Littering is prohibited.
AA.
Dogs or pets shall not be permitted in the cemetery.
BB.
The Town of Oakland is not responsible for theft or damage to anything
placed on graves or lots.
CC.
No wooden or cast-iron bench or chair, or any wooden or wire trellis,
shall be permitted to be or be brought upon the ground. Granite benches
may be permitted at defined spots only with permission from the Town
of Oakland.
DD.
The Town of Oakland or its personnel have the authority to enter
upon any lot and to remove any objectionable thing or any erection
that may have been placed there contrary to regulations, and may remove
any dead or damaged tree, shrub, or vine.
EE.
Firearms are prohibited in the cemetery. No person or persons, other
than the Military Guard of Honor and then only when in charge of an
officer and during a military service would firearms be permitted.
FF.
No signs or notices or advertisements of any kind shall be allowed
in the cemetery, unless placed by the Town of Oakland.
GG.
Peddling of flowers or plants, or soliciting the sale of any commodity,
is positively prohibited within the confines of the cemetery.
HH.
The throwing of rubbish on the driveways and paths, or on any part
of the grounds, or in the buildings, is prohibited.
II.
Unauthorized persons shall not be permitted to sit or lounge on any
part of the grounds, graves, or improvements in the cemetery, or in
or around any of the buildings.
JJ.
Children under the age of 15 years shall not be permitted within
the cemetery, or its buildings, unless accompanied by proper persons
to take care of them.
KK.
No person will be permitted to use profane or boisterous language
or in any way disturb the quiet and good order of the cemetery.
LL.
All persons are forbidden to hunt, feed, or disturb any animal about
the cemetery.
MM.
All persons are reminded that the grounds are sacredly devoted to
the burial of the dead and that the provisions and penalties of the
law, as provided by stature, will be strictly enforced in all cases
of wanton injury, disturbance and disregard of the rule.
NN.
It is of utmost importance that there should be a strict observance
of all proprieties, whether embraced in the foregoing regulations
or not, as no impropriety will be tolerated.
