[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.
(9) 
Burial vaults: Internments must be in vaults of concrete, slate, copper, stainless steel or similar material.[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."
(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.
Any person who shall violate the provisions of this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, Article II, of this Code.