[HISTORY: Adopted by the Town Board of the
Town of Lake Tomahawk 6-11-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also stated
that the Wilderness Rest Cemetery has been dedicated and turned over
to and accepted by the Town of Lake Tomahawk as a municipal cemetery
to be regulated and controlled by the Town and that its management
and operation shall be in accordance with Subchapter II of Chapter
157, Wis. Stats. The Town of Lake Tomahawk adopted this ordinance
pursuant to § 60.23(16), Wis. Stats.
[Amended 9-8-2010; 11-16-2022]
The day-to-day administration of the Wilderness
Rest Cemetery shall be vested in a Cemetery Board consisting of five
members appointed by the Lake Tomahawk Town Board (hereinafter "Town
Board") for an indefinite term. Any vacancies that occur in the composition
of the Cemetery Board shall be filled by the Town Board. Adoption
of policies governing administration of the cemetery and approval
of all expenditures shall be made by the Town Board.
[Amended 9-8-2010; 11-16-2022]
The Cemetery Board, after appointment, shall
proceed to elect from its membership a Chairperson, a Secretary, a
Deed Recorder, and a Sexton. The terms of office shall be indefinite
and continue until changed by the Cemetery Board.
A.
Chairperson. The Chairperson shall be the principal
executive officer of the Cemetery Board and shall in general supervise
and control all of the business and affairs of the Cemetery Board.
The Chairperson shall set the agenda for all meetings and post the
agenda in accordance with the provisions of the Wisconsin Statutes
and ordinances which control the Cemetery Board. He/she shall, when
present, preside at all meetings of the Cemetery Board and shall,
in general, perform all duties incident to the office of Chairperson
and such other duties as may be prescribed from time to time by the
Cemetery Board or the Town Board of Lake Tomahawk. If the Chairperson
is unable to preside, the Secretary shall preside.
B.
Secretary. The Secretary shall keep the minutes of
all meetings of the Cemetery Board in one or more books provided for
that purpose. In general, the Secretary shall perform all of the duties
incident to the office of Secretary and such other duties as from
time to time may be assigned to him/her by the Cemetery Board or the
Town Board and shall make an annual report for the Town of Lake Tomahawk.
A copy of said annual report shall be given to the Town Board. Secretary
shall comply with all open records laws and open meeting laws and
any other applicable Wisconsin Statutes.
C.
Sexton; duties of Sexton.
(1)
Sexton
shall have general charge of records, lot ownerships, plats and maps
of the Wilderness Rest Cemetery; collect and deliver all funds and
securities of the Wilderness Rest Cemetery to the Town Clerk and provide
written documentation of all such records to the Town Clerk; and shall
give a bond for the faithful discharge of his or her duties in such
form and with such surety or sureties as the Town Board shall determine.
(2)
The Sexton shall lay out the location and the boundaries
of each grave site to be opened. The Sexton shall keep an accurate
record of all burials, lot ownership, individual graves, cemetery
lot sales, and generally a complete record of all lots comprising
the Wilderness Rest Cemetery. The Sexton will be responsible for the
general management and control of the cemetery proper, sign and execute
all burial permits as required by State of Wisconsin law, and generally
do all things necessary in the operation and management of the Wilderness
Rest Cemetery as required or instructed from time to time by the Cemetery
Board or Town Board.
(3)
The salary of the Sexton shall be set by the Cemetery
Board and shall be approved by the Town Board.
(4)
The Sexton shall be reimbursed for all out-of-pocket
expenses.
D.
Deed Recorder.
The Deed Recorder shall be the custodian of all records, property
and documents of the Cemetery Board and shall sign, with the Chairperson,
all official documents and records, lot ownerships, plats and maps
of the Wilderness Rest Cemetery.
A.
Vaults are required. No interments shall be made except
in a vault.
B.
Before interment, the setup personnel from the vault
company are responsible for the placement of the vault. The Sexton
must be present to oversee the placement of the vault. No body except
that of a human being may be interred in the cemetery. All graves
shall be opened and closed under the supervision of the Sexton. No
interment or disinterment shall be allowed without the consent of
the Sexton. Interment or disinterment shall be made only by a contractor
authorized by the Sexton or Town personnel. All funeral processions
shall be entirely under the control of the Sexton upon entering the
cemetery. Notice of at least 48 hours shall be given to the Sexton
of any desired grave opening. An additional fee shall be charged for
any grave opened or interment or disinterment made on a weekend or
on the following holidays: New Year's Day, Christmas Day, Memorial
Day, Good Friday, Independence Day, Labor Day and Thanksgiving Day.
[Amended 11-16-2022]
C.
[1]After services. The soil should be packed or tamped down
around the vault sides and on top of the vault cover. Sufficient black
dirt shall be placed on the top layer before sod is replaced and packed
down, not to exceed two inches over the natural level of surrounding
soil.
D.
All interment charges shall be paid to the Sexton
on or before the day of burial.
E.
The Cemetery Board shall employ and hire any help
necessary in the management and control of the Wilderness Rest Cemetery.
[Amended 9-8-2010; 11-16-2022]
[Amended 9-8-2010]
A.
All receipts for cemetery purposes shall be collected
by the Sexton and be given to the Town Treasurer to be deposited.
[Amended 11-16-2022]
B.
Perpetual care. A Perpetual Care Fund shall be established
by the Town Board for the perpetual care of all lots in Wilderness
Rest Cemetery. The Town Board shall maintain the care fund in accordance
with § 157.50(6), Wis. Stats.
A.
Sales. All lot sales shall be handled by the Sexton
of the Cemetery Board or his Cemetery Board designee. Prices of lots
shall be fixed by the Cemetery Board. All lots must be paid for in
full when purchased, and a suitable cemetery deed will be issued by
the Deed Recorder for delivery to the purchaser and given to Sexton.
[Amended 9-8-2010; 11-16-2022]
B.
[1]No person shall purchase more than one block, or eight
lots, unless by consent of the Cemetery Board.
C.
A lot may be sold back to the Wilderness Rest Cemetery
at the price when purchased.
D.
No lot shall be used for any other purpose than for
the burial of the dead and/or the placing of appropriate markers as
memorials.
[Amended 11-16-2022]
E.
The transfer of lots or parts of a lot to another
party must be reported to the Sexton. No person will be recognized
as owner or part owner of a lot unless his/her name appears upon the
books of the Wilderness Rest Cemetery.
[Amended 11-16-2022]
F.
Persons desiring to allow the interment of bodies
other than members of their own family must secure a written permit
for the same, signed by the owner or by the legal representative,
to be filed with the Sexton.
[Amended 11-16-2022]
G.
Any person wishing to sell or transfer, or give away,
a lot or grave must first get permission from the Sexton. No person
shall be buried thereon unless his or her name is on the books of
the Wilderness Rest Cemetery and assessments are paid in full. The
selling price shall not be more than the original cost. In the event
of the death of a lot owner, an affidavit must be filed with the Sexton,
signed by one of the heirs at law, and in case of minors, by their
guardian, who shall be authorized to sign orders for interments, and
give other needful directions regarding the use of the lot.
[Amended 11-16-2022]
Section 1, Block 4, is dedicated for the burial
of infants under three months of age. No fee shall apply for the burial
of such infant. Deeds will be provided free of charge.
[Amended 8-12-2009]
Two cremations may be placed on one lot. One
stone or monument is permitted with two names placed thereon or two
flush markers or one monument and one flush marker. A flush marker
may be placed at the foot of the lot if there are two cremations.
[Amended 8-12-2009; 11-16-2022]
To prevent the excessive and unsightly crowding
of tombstones, not more than one monument shall be permitted on a
lot. The face of the monument/stone shall face west in part of Section
4, all of Section 5, all of Section 6, Lot Nos. 97-102, 109-114, 121-126,
133-136, 145 and 146, 153-158, 165-170, 177-182 and 189-194. All other
markers shall have the face or name side facing in an easterly direction.
All lots abutting the front (north-south) road shall not be sold until
such time as the road will be straightened and electrical wires moved
(encroaching on lots) (Lot Nos. 99, 100, 111, 112, 135, 136, 155,
156, 167, 168, 179, 180, 191, 192).
A.
Markers shall not exceed 56 inches in length, 20 inches
in width, and 43 inches in height.
[Amended 11-16-2022]
B.
Foundations shall not exceed 60 inches in length and
24 inches in width. Foundations shall be finished true and level,
be thick enough to carry the marker, and be flush with the sod and
shall be at least four inches larger than the base of the marker.
[Amended 11-16-2022]
C.
No marker, headstone or monument shall be placed at
any grave or upon any lot unless the space or lot has been paid for
in full and marked out by the Sexton in advance.
[Amended 11-16-2022]
D.
No material, except granite, a good grade of marble,
or standard bronze, shall be used for marker or monument, and bronze
may be used only if securely attached to a granite base. A solid,
thick, cement foundation base must also be used.
E.
Workmen engaged in placing stone shall provide suitable
planks on the ground on which to move the same or to run trucks over.
Immediately after a job is finished, all rubbish must be cleared away
and the ground left clean and in good condition. Adjoining lots, paths,
or roads where work is being done must not be blocked or injured.
[Amended 11-16-2022]
F.
Dealers or manufacturers, cards or advertisements
shall not be marked on any stone or placed anywhere within the cemetery.
G.
Objectionable monuments or inscriptions. If any monument,
effigy or any inscription that may be placed upon any lot be, in the
judgment of the Cemetery Board, offensive, improper or objectionable
from any cause, the Cemetery Board shall have the right to remove
the same.
[Amended 11-16-2022]
[Amended 11-16-2022]
Dogs will not be allowed in the cemetery, other
than Service dogs.
[Amended 11-16-2022]
Flag holders shall only be placed next to or
affixed to the base of the marker and not on the grass area.
[Amended 11-16-2022]
A.
There shall be no planting of flowers, shrubbery or
other foundations on any cemetery lot. If flowers or shrubbery are
desired, they shall be placed in a wire box or basket on a stand small
enough so that they can be moved to facilitate mowing of individual
cemetery lots. Cemetery urns now present may remain.
B.
Other than Sexton, no person or parties shall be allowed
to dig in the ground of any lot or grave without written permission
of the Cemetery Board.
[Amended 11-16-2022]
A.
The Sexton and Deed Recorder shall, at all times,
keep an accurate record of burials in the cemetery. This record, besides
containing all pertinent information relative to the person buried,
shall contain a plat showing the exact location of the lot on which
the grave is located. The Sexton shall make timely reports to the
Cemetery Board of the number of interments, funerals or burials.
B.
The Cemetery Board shall report to the Town Board
at the annual Town meeting and at the request of the Town Board and
shall provide the Town Board with copies of all documents as requested
by the Town Board.
[Amended 9-8-2010]
[Amended 11-16-2022]
Public hunting and trapping are not allowed
on the grounds of the Wilderness Rest Cemetery.
Members of the Wilderness Rest Cemetery Board
shall comply with all applicable statutes, including §§ 157.07,
157.08, 157.11 157.50, 157.62, 157.64 and 157.65, Wis. Stats., all
of which are incorporated herein by reference.
