The Director of the Department of Public Works
(DPW) shall have overall responsibility for the proper management
of City cemeteries in accordance with these rules and regulations
and applicable federal and state laws.
Cemeteries will be open for visitation between
the hours of dawn and dusk in accordance with MGL c. 114, § 42A.
Mount Prospect Cemetery lower gate closes to motor vehicles at 3:00
p.m. The upper gate will remain open for pedestrian access during
cemetery hours.
As used in this chapter, the following terms
shall have the meanings indicated:
CORNER MARKER
A one-piece stone or other approved material set at all four
corners, flush with the ground, of a lot to mark the location of the
particular grave or lot.
FOOT STONE
A stone to mark the location of a particular grave and shall
be set at or below ground level at the foot of the grave. No more
than one foot stone measuring no more than two feet by one foot by
eight inches is allowed on each grave.
GRAVE
Applies to a space of approximately 3 1/2 feet by 10 feet
to accommodate one vault for single-depth burial or two vaults for
double-depth burial or up to four cremations interments.
HEADSTONE
A stone set vertical or flush to mark the location of a particular
grave and shall be erected at the head of the grave.
LOT
Applies to a space laid out in the cemetery to accommodate
multiple graves.
LOT/GRAVE DEED
An instrument issued by the City giving the lot purchaser
the right of interment of human remains only.
LOT MARKER
Any marker or means used by DPW to locate the corner of the
lot.
MONUMENT
Any memorial structure of granite, marble or other natural
stone which shall extend above the surface of the ground, other than
a tomb, mausoleum, headstone, foot stone, or grave marker.
Any person who violates the cemetery rules and
regulations and/or willfully or neglectfully damages, defaces or destroys
cemetery property, including fences, gates, grounds, markers, monuments
and graves, shall be subject to fines and/or prosecution by the proper
authority, to include but not be limited to the following:
A. Any person violating this chapter shall be liable to the City in the amount of $50 for the first violation and $100 for each subsequent violation. Fines shall be recovered by or on complaint before the District Court or by noncriminal disposition in accordance with MGL c. 40, § 21D and Chapter
1, Article
I of this Code. Each day of violation shall constitute a separate offense. The Director of the Department of Public Works and his designees are authorized as enforcing persons for this purpose. Section
237-4M may be enforced by the Animal Control Officer.
B. Massachusetts General Laws Chapter 272, § 73,
which addresses the willful destruction, removing or injuring of tombs,
graves, memorials, trees, or plants within a cemetery, punishable
by a fine of not more than $5,000 or imprisonment.
C. Massachusetts General Laws Chapter 272, § 74,
which addresses the desecration of a burial place, which includes
fences, trees, shrubs, paths and plants, punishable by a fine of up
to $100.
D. Massachusetts General Laws Chapter 272, § 75,
which addresses the removal of flowers, flags or memorial tokens from
a burial lot, punishable by a fine of not more than $1,000 or imprisonment.
City-maintained cemeteries are nondenominational
and all burial lots are available regardless of religious affiliation.
For any disinterment, a funeral director must
be engaged to ensure compliance with relevant Massachusetts laws.
Removals are prohibited between May 15 and October 15.
During the winter season, the decision as to
whether a grave can be dug or whether the body must be placed in the
vault rests with the Director of Public Works or designee. It is the
intention of the DPW to perform burials throughout the winter but
this is weather dependent and delays should be anticipated.