[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992
(§§ 8-4-1 through 8-4-12 of the 1992 Code of Ordinances). Amendments
noted where applicable.]
A.
Municipal cemeteries are owned and maintained by the
City for the benefit of all citizens. Definite rules and regulations must
be set up by the Common Council to insure proper maintenance and beauty and
to prevent abuse and destruction. The following rules and regulations are
set forth in the ordinances of this chapter to govern the cemetery. The City
reserves the right to amend or change any of these ordinances to conform with
newly developed cemetery practices.
B.
Fees promulgated by the City for the administration of
this chapter are divided into "resident" and "nonresident" categories. Resident
fees are only for persons residing in the City of Bayfield or at a nursing
home facility since leaving their residence in the City.
C.
The City Cemetery is also the proxy for the Calvary (Catholic)
Cemetery.
[Amended 10-5-2004 by Ord. No. 321]
As used in this chapter, the following terms shall have the meanings
indicated:
Anyone dwelling within the City of Bayfield, the Town of Bayfield
or the Town of Russell. A resident leaving the City or either Town for a nursing
home facility or hospital would retain their residence status with regard
to the cemetery rates.
Someone other than a resident.
[1]A.
Platting. Before any new block of a municipal cemetery
is opened for the sale of lots, the Common Council or its designee shall cause
it to be platted and recorded in the office of the Register of Deeds.
B.
Single graves. Unused portions of lots repossessed for
nonpayment of assessments for care may likewise be designated and sold as
a single grave.
A.
Price of lots. The Common Council or its designee, shall,
from time to time, fix a price on all lots to be sold in the municipal cemetery.
B.
Sale of lots. Persons or their agents desiring to purchase
a lot in the cemetery are referred to the City Clerk or to his duly authorized
agent. The City Clerk will have available suitable plats showing size and
price of lots and such other information as may be required, and will render
assistance to those desiring to make lot purchases. Upon having made a lot
selection, the City Clerk will issue a lot order to the prospective purchaser,
or his agent, who will present the order at the office of the City Clerk.
Upon receipt of proper payment, the City Clerk shall issue a deed to the lot
in the form prescribed by the City Attorney. The deed shall be signed by the
City Clerk and Mayor and sealed with the corporate seal and acknowledged so
as to entitle it to be recorded. The purchaser may record this deed with the
Bayfield County Register of Deeds.
A.
Lots.
(1)
The lot owner, or his authorized agent, shall have the
right to use a lot or portion of a lot for burial purposes only in accordance
with the terms of the cemetery rules and regulations.
(2)
Upon full payment of the purchase price of a lot, the
City Clerk will issue a cemetery deed, under seal, and the deed will be recorded
in the records of the City as evidence of ownership of the lot. Lots, or fractions
of lots, for which lot deeds have been issued by the City, will not thereafter
be divided except by consent of the City. All lots are exempt from taxation
and cannot be seized for debt (except those owed to the cemetery) nor can
they be mortgaged.
(3)
All repossessed, vacant grave spaces shall be subject
to the same fees and charges.
(4)
The lot owner shall have acquired the lot for interment
of himself and members of his family. However, the lot owner may grant written
permission (which must be notarized and placed on file with the City Clerk)
for the burial of other persons. No corpse shall be interred in a lot except
the corpse of one having an interest therein, or a relative, or the husband
or wife of such person, or his or her relative, except by the consent of all
persons having an interest in the lot.
B.
Unless otherwise directed in writing and filed with the
City Clerk, the lot owner, his devisees or his heirs, the cemetery will permit
the interment of members of his family at the request of any interested person
upon proof of eligibility for burial as follows:
(1)
The surviving spouse of the lot owner shall have the
first right to interment or to direct the right of interment.
(2)
When there is no surviving spouse, the devisees or heirs
of the owners, may, by agreement in writing, determine who among them shall
have the right of interment or direction for interment, which agreement shall
be filed with the City Clerk.
(3)
In the event the owner, his devisees or heirs shall not
have arranged for future interments, then the devisees or the heirs, as the
case may be, of such owner, shall have the right to interment in order of
their need.
C.
All burial rights in cemetery lots purchased from the
City occupy the same position as real estate at the death of the owner. Only
such persons whose names appear on the cemetery records of the City will be
recognized as owners or part owners of lots. In case of the death of a lot
owner, when the cemetery lot is disposed of by a will and when ownership is
to be determined, a certified copy of the will must be delivered to the City
Clerk before the City will recognize the change of ownership. If the deceased
lot owner left no will, satisfactory proof of descent must be provided. It
is recommended that lot owners, in making their wills, include a provision
covering the cemetery lots and devise same to one person.
D.
Lot owners may not resell or transfer their lots or parts
of lots except as outlined below:
(1)
The Clerk shall enter in the record kept for that purpose
all deeds of transfer and reconveyance of cemetery lots. No such reconveyance
shall be received and recorded by the Clerk until a fee as set by the Common
Council has been paid therefor. Said fee shall go into the general municipal
fund.[1]
(2)
Reconveyance of lots or parts of lots may be made only
by written application therefor upon blanks furnished by the City Clerk, the
same to be approved by the Common Council. Such application shall be executed
by the owner(s) of the lots, or if the owner(s) is deceased, by the legal
heirs. The application shall state the lot and block number.
(3)
No owner of a cemetery lot shall sell, transfer or assign
the same or the unused portion thereof to any other person without the City's consent. The City shall have a right of
first refusal to repurchase such lot or part thereof at the current grave
price. If the owner of any lot or part of a lot should sell or transfer the
same without giving notice to the City, except through probate, of such transaction,
such sale or transfer shall be null and void.
E.
Whenever possible, repossessed lots will be used for
burials before new areas of the cemetery are used or platted.
A.
In order to assure reliable means for permanent care,
a perpetual care fund is created. Income from this fund will provide partial
maintenance costs of the cemetery. All lots sold in municipal cemeteries shall
be provided with perpetual care services, the expense to be included in the
price of the lot. A record shall be kept on file in the office of the Clerk
of the City. The fund may also be increased by gifts, bequests, a portion
of memorial charges and other service revenues.
B.
"Perpetual care" shall be construed to mean the obligation
which the City assumes to use the new annual income received from the investments
of the fund, in furnishing such care as is furnished similarly endowed lots
in the cemetery. Such perpetual care shall be limited to the maintenance of
lawn, leaf disposal, filling sunken graves and raising of markers, caring
for avenues, alleys, fences, buildings, and grounds in general. It is understood
that such expenditures shall be made at the discretion of the City. The City
shall not be bound to make a separate investment of money set aside for perpetual
care from a particular lot sale, but the same shall be added to the perpetual
care fund of the City and the proceeds therefrom used by the City in the manner
as heretofore provided.
A.
No mound shall be raised upon any grave above the general
level of the lot.
B.
No hedges, fences or enclosures of any kind will be permitted
on or around lots. Wooden boxes, wire containers, glass jars, bottles, toys,
cans and other such objects may not be placed on lots and if so placed, will
be removed by the City without notice. Urns are not permitted on lots sold
after the passage of the ordinance codified herein. Existing urns shall be
removed by the City as they become unsightly or deteriorated and shall not
be replaced. However, before such an urn is destroyed or discarded, the last
owner of record of the lot shall be notified by registered or certified mail
with return receipt requested that such urn has been removed from the grave
and will be destroyed unless the owner thereof claims same within 30 days
after mailing of such letter.
C.
All landscaping, care of lots, and other work in the
cemetery will be done by the City, but it is desired that each lot owner feel
free to consult with those in charge of the cemetery at all times. Their advice
will be cheerfully given without charge and may be of much value to those
contemplating the purchase of improvements to cemetery lots. The City shall
retain the ownership of all aisles, including monument aisles.
D.
The City reserves the right for its workmen and those
persons necessary to the performance of normal cemetery operation to enter
upon or cross over any lot in the cemetery in the performance of such duties.
E.
The City or its employees, assumes no liability for damages
to property or of person, or for physical or mental suffering arising out
of the performance of its normal operations; or for loss by vandalism or other
acts beyond its reasonable control.
F.
The City reserves the right to alter, change or close
alleys, roadways, water mains and other physical public properties of the
cemetery.
A.
The cemetery will be open to visitors at all times between
the hours of 8:00 a.m. and 1/2 hour after the official sunset. Permission
to enter the cemetery at any other time must be obtained from the City Clerk
or the Common Council.
B.
Children under 16 years of age will be admitted only
when accompanied by parents or guardians.
C.
Persons or picnic parties with refreshments or alcoholic
beverages are not permitted within any municipal cemetery.
E.
Firearms will not be allowed in the cemetery except in
conjunction with military funerals. At all other times firearms, bows and
arrows, slingshots and other like articles will not be allowed.
F.
Visitors are required to use the walks and drives whenever
possible, and shall not pick any flowers (either wild or cultivated); injure
any shrub, tree or plant; or mar or deface any monument, stone or structure
in the cemetery.
G.
Vehicles traveling within the cemetery shall not exceed
15 miles per hour. No vehicle shall be driven except on roads designated for
that purpose, nor shall such be driven in a reckless manner.
H.
No riding of bicycles, motorbikes, motorcycles, or other
such vehicles will be allowed in the cemetery unless such vehicles are present
in conjunction with cemetery business.
A.
Interments will be made only during daylight hours. Burials
are allowed only as authorized and directed by City officials.
[Amended 10-5-2004 by Ord. No. 321]
B.
All interments shall be made in a permanent outer container
excluding the use of wood.
C.
All graves shall be dug at no cost to the City, but shall
be under the direction of the City Clerk or his authorized agent. Depth of
graves shall conform to the Wisconsin State Department of Commerce specifications.
D.
No burial will be permitted until a legal burial transit
permit has been presented to the Public Works Director. The interment of bodies
of persons who have died of contagious disease shall be in strict accordance
with the rules of the State Department of Commerce.
E.
There will be no responsibility on the part of the City
for the protection and maintenance of the flowers, wreaths, emblems, etc.,
used in conjunction with funerals.
F.
The internment of two bodies in one grave
will not be allowed, except in case of a mother and infant, twin children,
or two children buried at the same time or in special circumstances, or one
full grave and one cremation, with the approval of the Public Works Director
or his agent. Only two markers will be allowed on grave space of which one
shall be flush with the ground and of a size which meets the approval of the
Public Works Director.
[Amended 10-5-2004 by Ord. No. 321]
G.
The interment of two cremated remains may be allowed
in one adult grave. The minimum container requirement for cremated remains
shall be as supplied by a crematorium.
H.
Animals are prohibited from being buried in the cemetery.
A.
Grave markers and foundations will be set only by the
monument company according to regulations specified by the City. Except as
herein otherwise provided, under no conditions will the City construct monument
or marker bases, or erect monuments or markers on bases. The City reserves
the right to require the construction of a foundation of such size, material
and design as will provide ample insurance against settlement or injury to
the stone work. The top of the concrete foundation will be constructed flush
with the ground line. Whenever possible, all markers will be set with a five
inch margin. A permit shall be available from the office of the Public Works
Director or his assistant.
B.
The setting of monuments, stones and markers and the
transportation of all tools, materials, etc., within the cemetery ground shall
be subject to the supervision and control of the Public Works Director. Unless
special arrangements are made with the Public Works Director, such work shall
be conducted between the hours of 8:00 a.m. and 4:00 p.m., Mondays through
Fridays except on national holidays. Heavy trucking will not be permitted
within the cemetery when, in the opinion of the Public Works Director, such
work might cause damage to the driveways. Except when special permission is
obtained, all work as outlined above shall be completed and debris removed
immediately.
C.
The City reserves the right to refuse permission to erect
any monument work not in keeping with the good appearance of the grounds.
The size of the monument and/or stone work must be given to the Cemetery Board
or its agent and approved before said work will be permitted on a lot. All
monuments must be set in line with other monuments so far as possible as directed
by the Public Works Director or his assistant.
D.
Stone work or monumental work, once placed on its foundation,
shall not be removed, except by permission of the Cemetery Board.
E.
The lot must be paid in full or other assurance given
of payment before markers and monument are set.
F.
Temporary markers must be removed or replaced with a
permanent marker within one year.
Construction of vaults and mausoleums is prohibited.
A.
The planting of trees and shrubs on newly purchased lots
or parts of lots will not be permitted except by approval of the Cemetery
Board.
B.
Lot owners may remove under the direction of the Public
Works Director large trees on grave sites that hinder the full usage of the
grave site. The expense of the tree and stump removal will be paid for by
the lot owners.
C.
Fresh cut flowers may be used any time. Containers for
cut flowers are to be a type level with the ground surface and not holding
water when not in use; or of the type to be disposed of when flowers are removed.
D.
Potted plants may be set on lots, without disturbing
the sod, on special occasions, such as Memorial Day, birthday, anniversary,
etc., but if not removed within five days, will be picked up and destroyed
if unsightly or preserved for use in beds within the cemetery if suitable.
E.
Artificial decorations are prohibited unless in a vase
or pot and when used will be treated as potted plants.
F.
Individual flower beds of growing plants are permitted
but must be of a reasonable size. In case of doubt, the Public Works Director
should be consulted. If these beds are not maintained and when they become
unsightly or undesirable, they will be removed by the City.
G.
Plants or flowers may not be taken up or removed from
the cemetery or cuttings removed from plants without permission from the Public
Works Director or under his direction.
H.
Vines that interfere with the proper care of lots or
graves and injure the grass will be removed when found objectionable.
A.
It is urged that lot owners interest themselves in the
present and future care of their lots, as a single neglected lot mars the
beauty of the entire cemetery.
B.
All fees and charges as outlined in the current schedule
of fees and charges are payable at the office of the City Clerk, where receipts
will be issued for the amounts paid.
C.
A schedule of the fees and charges, as established by
the Common Council, shall be on file in the office of the City Clerk. Such
schedule may change from time to time without advance notice to conform with
current economic conditions.
D.
The City will take reasonable precautions to protect
all private property, lots and/or grave owners' property in the cemetery from
loss or damage, but it distinctly disclaims all responsibility for loss or
damage from causes beyond its control and especially from the acts of thieves,
vandals and rioters and from all acts of Providence, including wind, tornadoes,
hail, snow, rain and frost, whether the damage be indirect or proximate.
