[HISTORY: Adopted by the Common Council of
the City of Gillett as Ch. XIV of the former Municipal Code; amended
in its entirety 2-5-2009 by Ord. No. 3-2009. Subsequent amendments
noted where applicable.]
A.
Dedication.
The grounds of the Wanderer's Rest Cemetery, Gillett, Wisconsin, described
as Sec. 21, T28, R18E, Outlot 12 of the City of Gillett and recorded
at the office of the Register of Deeds for Oconto County, have been
set aside and dedicated for cemetery purposes by the Common Council.
B.
City
jurisdiction. Any purchaser of lots in Wanderer's Rest Cemetery shall
agree to release to the City full jurisdiction over the cemetery grounds,
as is specified by this section and all regulations adopted by the
Common Council in conformity therewith.
A.
Appointment.
The Parks and Cemetery Committee Chairperson shall be designated as
the Caretaker.
B.
Powers
and duties.
(1)
The Caretaker, or the Caretaker's designee, shall exercise general
supervision of the Wanderer's Rest Cemetery and shall regulate the
manner of burial. The Caretaker shall also decide where headstones,
plant stands and other grave-related items shall be located.
(2)
The Caretaker, or the Caretaker's designee, shall show lots within
the cemetery. Payment shall be made to the City Clerk/Treasurer according
to the fee schedule as set by Common Council.
(a)
Graves throughout the cemetery shall be sold at a cost per grave
as set by Common Council, said sum to include perpetual care.
(b)
The charge for opening and closing a grave for a vault shall be set
by Common Council. Disinterment will only be done during the time
the ground is not frozen.
(c)
The charge for opening and closing a grave for an urn or an infant
vault shall be set by Common Council.
(d)
All grave openings and closings must be approved by the Caretaker
or their designee.
[Amended 5-7-2015 by Ord.
No. 4-2015]
A.
A
cemetery lot is defined as one grave.
B.
Sale
of lots. Whenever any lot in the cemetery shall be sold, the purchaser
thereof shall give the full and correct name of the person in whose
name said lot is to be conveyed and pay to the Clerk/Treasurer the
price fixed for such lot, and thereupon the Clerk/Treasurer shall
give to said purchaser a receipt and cemetery deed setting forth a
description of the lot sold, the name of the person paying such price
and the price paid by said purchaser.
C.
Resale
of lots. Any person owning a lot in the cemetery shall, before disposing,
selling or giving the same away, notify the Clerk/Treasurer of the
sale so that all records may be updated.
D.
Lot
records. The Caretaker, with the Clerk/Treasurer, shall make and cause
to be made a complete and accurate record of all lots and all persons
buried in the cemetery. Such record shall be kept in the office of
the Clerk/Treasurer.
E.
Payment
required before use. No lots shall be used unless such lots so procured
shall first have been paid for, and no person shall willfully inter
anyone in the cemetery before the purchase and payment of said lot
as herein provided.
F.
Use
of sale proceeds.
(1)
Cemetery care. Except for perpetual care funds, the money received
from the sale of lots shall be used to preserve and care for the cemetery
and for no other purpose, as provided by this section.
(2)
Perpetual care. The moneys received for perpetual care of cemetery
lots shall be deposited with the Clerk/Treasurer and shall be deposited
into the general fund to be used for perpetual care.
A.
No
walls or fences shall be allowed within the cemetery grounds.
B.
No
person shall ride or drive on any portion of the cemetery grounds
not laid out in the cemetery as a street or alley.
C.
No
person shall willfully destroy, mutilate, injure or remove any tomb,
monument, gravestone, building or other structure placed in the cemetery
or other work for the protection or ornamentation thereof, or shall
willfully destroy or injure any tree, shrub or plant within the limits
of the cemetery.
D.
No
burial shall be conducted or interment made in the cemetery on Sundays,
except in cases of contagious disease or for some other reason where
necessity for immediate burial may be urgent.
E.
Rules.
[Amended 5-7-2015 by Ord.
No. 4-2015]
(1)
All lots and graves shall be purchased with perpetual care.
(2)
Any stone, other than a head or foot stone, must be flush with the
ground.
(3)
All head or foot stones must be centered on concrete foundation.
(4)
The only flowers allowed are artificial or live plants in urns or
planters.
(5)
All urns, planters and summer decorations must be removed by October
1.
(6)
All winter decorations must be removed by May 1.
(7)
All placement of memorials and monuments must be approved by the
Clerk/Treasurer or Caretaker.
(8)
Incorrectly placed headstones, markers or monuments are the responsibility
of the owner or person ordering the headstone, marker or monument.
(10)
All burial urns must be registered with the Clerk/Treasurer.
(11)
Planting any shrubbery and evergreens will not be permitted. Tree
planting must be approved by the Cemetery Caretaker.
(12)
Unsightly bouquets, plants or decorations will be removed at the
discretion of the Cemetery Caretaker or their designee.
(13)
The interment of two bodies in one grave (that is one above the other)
will not be permitted, except in the case of adult and child, or twin
children, or two children buried at the same time.
(14)
Picking flowers, driving or running over lots and graves, bringing
animals into the cemetery grounds are strictly prohibited.
(15)
The interment of one urn and one body is allowed in one grave with
urn being placed above casket.
A.
Prior
approval by the City Clerk/Treasurer is mandatory for all grave openings.
B.
Grave
digger. The grave digger will be notified by the Caretaker, or the
Caretaker's designee, as to the need for a grave to be dug. The Caretaker/designee
will mark the grave boundaries. The grave digger will be required
to remove the sod in blocks two inches thick and cut it into squares
which would be small enough to handle. Dirt removed from the grave
must be placed on plywood or a tarp. Any excess dirt must be hauled
away. When backfilling the grave, it will be required to backfill
around the sides of the vault first, compacting the backfill as it
is added, then backfill on top of the vault, compacting the backfill
in lifts of eight inches to within one inch of the top of the grave.
The sod will be replaced and remain one inch above the surrounding
ground. The digger will be responsible for one year of maintenance
on each grave, which will include filling a grave that has settled
and seeding the grave if necessary.
C.
Payment
for digging grave. The City of Gillett will pay the grave digger a
sum as set by the Common Council. The payment will be made in two
payments, the first, being 75%, will be paid upon completion of the
burial. The second, being 25%, will be paid 90 days after the burial,
contingent upon the grave site being returned to its original state.
[Amended 5-17-2004 by Ord. No. 2004-6]
D.
Mausoleum
regulations. The City currently owns a mausoleum located in the Wanderer's
Rest Cemetery. Anyone can rent a space within the mausoleum for temporary
holding of a body at a cost not to exceed a fee established by the
Council, which fee is set forth in the City's current Fee Schedule.
A space can be rented for a period not to exceed six months.
[Added 4-1-2010 by Ord.
No. 3-2010; amended 11-4-2021]
Perpetual care and land acquisition is mandatory and shall be
included in the price of the lot. Perpetual care does not include
maintenance or repair of any gravestones or monumental structures
erected upon lots or graves nor the planting of flowers or ornamental
plants. Perpetual care accounts for 25% of the cost of a cemetery
lot and is required.
[Amended 5-7-2015 by Ord.
No. 4-2015]
Two cremated remains shall be allowed together in one grave.
Each cremation must be in an urn vault with no more than two cremains
per lot allowed. Two cremains are allowed in a headstone with no more
than two cremains buried per lot. All urn burials must be performed
by the Grave Digger.[1]
[1]
Editor's Note: On 11-3-2022, the City Council voted "to approve not requiring an urn vault,
but the urn must be made of a hard material that will not degrade."
The City of Gillett, its employees and its contractors will
take every reasonable precaution to protect all property in the cemetery
from loss or damage. However, the City distinctly disclaims all responsibility
for loss or damage from causes beyond its reasonable control and especially
from the acts of thieves, vandals, rioters and malicious mischief
makers and from all acts of Providence, including wind, tornadoes,
cyclones, hail, snow and frost, whether the damage is indirect or
proximate.
