City of Northampton, MA
Hampshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Northampton as Ch. 8 of the 1977 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-17.
Fees — See Ch. 174.

§ 153-1 through § 153-3. (Reserved) [1]

[1]
Editor's Note: Former §§ 153-1, Control by Board of Public Works, 153-2, Appointment of superintendents and caretakers, and 153-3, Recordkeeping and report required of Board of Public Works, were repealed 12-4-2014. See now the Administrative Code, included in the City Code following the Charter.

§ 153-4 Perpetual care.

A. 
The City shall receive of any persons any sum of money, and the interest thereon at the rate of 6% per annum shall be applied to the annual care of such lots in the City cemeteries as the persons paying the money shall designate.
B. 
The City Treasurer shall receive all sums of money paid in accordance with the provisions of Subsection A giving a proper receipt of the City therefor, and shall annually at such times as the Board of Public Works shall request, pay over to the Board, 6% interest upon all sums so paid to and receipted for by him, with a statement of the several lots in the cemeteries upon which the interest so paid is to be expended.
C. 
The Board of Public Works shall receipt for and faithfully apply all sums of interest so received by it, in accordance with the statements so made by the Treasurer, and shall apply all appropriations and sums of money that may be granted from time to time by the City Council, to the proper care and maintenance of the City cemeteries.
D. 
The funds so created by Subsections A, B and C shall be denominated the "Cemetery Fund for the Perpetual Care of Lots."

§ 153-5 Use of Clarke Cemetery Fund.

By the terms of the will of the late John Clarke, the income of the Clarke Cemetery Fund shall be expended in the care and maintenance of the Bridge Street Cemetery by the Board of Public Works.

§ 153-6 Use of funds from sale of lots.

All receipts from the sale of lots in the City cemeteries shall annually be appropriated by the City Council for the care and maintenance of all the City cemeteries.

§ 153-7 Bridge Street Cemetery.

Upon the sums of money received by the City from the sale of lots in the Bridge Street Cemetery and paid into the City treasury, the City Treasurer shall annually, at the request of the Board of Public Works, pay interest at the rate of 6% per annum, and the Board of Public Works shall faithfully apply all sums of interest so received to the proper care and maintenance of the Bridge Street Cemetery.

§ 153-8 Sale of burial lots; recording fee.

[Amended 2-1-2007]
The Board of Public Works shall have the authority to sell burial lots in City cemeteries, but all deeds and conveyances shall be executed by the Mayor in the name of the City and recorded by the City Clerk in a book kept for that purpose. The fee for recording shall be as set forth in Chapter 174, Fees.

§ 153-9 Regulations as to burial lots.

The following regulations shall apply to all lots sold:
A. 
The lot shall not be used for any other purpose than as a place for burial of the dead, and no trees within the lot or border shall be cut down or destroyed without the consent of the Board of Public Works.
B. 
The proprietor of such lot shall have the right to erect monuments, cenotaphs, or stones commemorative of the dead, or to cultivate trees, shrubs or plants in the same, subject to the approval of such Board. If any trees or shrubs in such lot shall become in any way detrimental to the adjacent lots or avenues, or dangerous or inconvenient, it shall be the duty of the Board, for the time being, to enter into the lot and remove the trees or shrubs or such parts thereof as are thus detrimental, dangerous or inconvenient.
C. 
If any monument, effigy, cenotaph or other structure whatever, or any inscription be placed in or upon such lot, which shall be determined by a majority of the Board of Public Works, for the time being, to be offensive or improper, the Board, or a majority of it, shall have the right and it shall be its duty to enter upon the lot and remove the offensive or improper object or objects. No fence shall at any time be erected or placed in or around such lot, nor shall any curbing be placed on or around the same, the material or design of which shall not first have been approved by the Board, and if any such fence shall not be kept in good repair, the same may be removed by the Board of Public Works.
D. 
No tomb shall be constructed or allowed within the bounds of the cemetery unless by special permission of the Board of Public Works, and in such places and in such manner as the Board shall direct, and no proprietor shall suffer the remains of any person to be deposited within the bounds of his lot for hire.
E. 
The lot shall be held subject to all bylaws, rules and regulations, made and to be made by the Board, pursuant to the authority granted to it by any ordinance of the City.

§ 153-10 Removal of trees, flowers and fixtures by other than lot owner prohibited.

No person, not the owner of a lot in a cemetery, shall remove therefrom any trees, flowers, shrubs, vases, or any fixtures whatsoever, except as otherwise provided in this chapter.

§ 153-11 Committing nuisances or depredations prohibited.

No person shall commit a nuisance or depredation in any cemetery within the City limits.

§ 153-12 Burial less than four feet deep prohibited.

No person shall bury a dead body or cause one to be buried in a grave which is less than four feet deep from the surface of the ground surrounding the grave to the top of the coffin.

§ 153-13 Burial other than in daytime restricted.

No person shall bury a dead body or cause one to be buried at any other time than between sunrise and sunset, except in accordance with a permit from the Board of Health.

§ 153-14 Removal of contents of grave and disturbing tombs or graves restricted.

No person shall remove a dead body or its remains from a grave or tomb in the City, or disturb in a tomb or grave such body or its remains, except in accordance with a permit from the Board of Health.

§ 153-15 Opening of graves during certain months restricted.

No person shall open a grave or tomb between the first day of June and the first day of October for any other purpose than that of interring the dead, except in accordance with a permit from the Board of Health.

§ 153-16 Permit required for opening or digging graves.

No person shall open or dig a grave in any burial ground except in accordance with a permit from the Board of Health.