Village of Black Earth, WI Cemeteries

Persons, or their authorized agents, desiring to purchase a lot in any Village cemetery for burial are referred to the Village Board, Village Clerk, or sexton. The Village Board, Village Clerk, or sexton shall have available suitable plats showing size and price of lots, and any other information that may be required, and render assistance to those desiring to make lot purchases. The Village Board, Village Clerk, or sexton shall issue a lot order for a selected lot to the prospective purchaser, or his or her agent, who shall present the order at the office of the Village Clerk. Upon receipt of proper payment to the Village treasurer, the Village Chair and Village Clerk shall issue a cemetery lot deed to the lot in the form prescribed by the Village Attorney. The original deed from the Village and the records of the cemetery kept by the Village Clerk or other designee of the Village Board are the only evidence of title to any lot. The deed shall be signed by the Village Clerk and Village Chair or other persons so designated by the Village Board and sealed and acknowledged so as to entitle the purchaser to record the deed with the Register of Deeds for Dane County, Wisconsin.

Persons conveying any cemetery lot in any Village cemetery shall comply with § 157.08, Wis. Stats., and this chapter.

§ 122-8 Ownership rights of burial.

Ownership conditions.

The owner of a Village cemetery lot, or his or her 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 this chapter or any Village cemetery bylaws and regulations.

Upon full payment by any person of the purchase price of a Village cemetery lot, the Village Clerk and Village chair shall issue a cemetery lot deed, under seal, as provided in Subsection B, and a copy of the deed shall be filed in the records of the Village as evidence of ownership of the lot. Lots for which lot deeds have been issued by the Village may not be subdivided except by consent, in writing, of the Village Board.

All repossessed vacant lots in any Village cemetery when resold are subject to the same fees and charges as other unoccupied lots.

Burial.

In this subsection, "relative" means a parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law or sister-in-law, uncle or aunt, and nephew or niece.

Any lot owner at any Village cemetery acquires the lot solely for the purpose of burial of the owner at the time of the owner's death, and if the lot is owned jointly by spouses, either spouse is entitled to burial at that lot. The lot owner may grant written permission, which must be notarized and filed with the Village Clerk, for the burial of specific persons other than the owner and the owner's spouse. If more than one person has an ownership interest in the lot, the written consent of all persons having an ownership interest in the lot is required to permit the burial of a person other than an owner or owner's spouse.

Unless otherwise directed in a writing filed with the Village Clerk by the lot owner under Subsection B(2), the Village Board or the sexton shall permit the burial of persons at any Village cemetery lot at the request of any interested person upon proof of eligibility for burial at the cemetery lot as follows:

The lot owner, and surviving spouse of the lot owner, have the first right to burial or to direct the right of burial.

When there is no surviving spouse, the devisees or heirs of the owner may, by agreement in writing of all the heirs or devisees, determine who shall have the right of burial or direction for burial, which agreement shall be filed with the Village Clerk.

If no agreement under Subsection B(3)(b) is filed, the Village Board or the sexton may determine use, giving preference to relatives in the order listed in Subsection B(1)

Ownership rights. All burial rights in the cemetery lots located at any Village cemetery and purchased from the Village shall occupy the same position as real estate at the death of the owner. Only persons whose names appear on the cemetery records of the Village will be recognized as owners or part owners of lots. Lot owners may not allow burials to be made in their lots for any remuneration or financial consideration. 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 or final judgment in the decedent's estate must be delivered to the Village Clerk before the Village 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 Village cemetery lots and devise the lots to one person.

Resale. Lot owners may not resell or transfer lots or parts of lots in any Village cemetery except as follows:

Reconveyance of lots or parts of lots may be made only upon written application filed with and approved by the Village Clerk. The application shall be executed by the owner of the lots or, if the owner is deceased, by the legal heirs. The application shall state the lot and block number. Upon approval by the Village Clerk, the owner of the lot shall execute a deed in the same form as an original deed from the Village under Subsection B so as to entitle the purchaser to record the deed with the Register of Deeds for Dane County, Wisconsin.

The Village Clerk shall enter in the record kept for those purpose copies of all deeds of transfer and reconveyance of cemetery lots. No deed reconveyance may be received and filed by the Village Clerk until a fee of $100 has been paid therefor.

The fee shall be deposited into the general Village municipal fund.

Reburial.

In this subsection "reburial" means to disentomb, disinurn, or disinter human remains that are buried in a cemetery and reentomb, reinurn, or reinter the human remains in another grave, mausoleum space, or other place used or intended to be used for the burial of human remains that is located in the same cemetery.

Any reburial of any person buried in a Village cemetery, or in any other cemetery in the Village, shall comply with the provisions of § 157.112, Wis. Stats. Any person seeking burial shall seek approval from the appropriate cemetery authority. A reburial permit shall be required prior to any reburial under § 69.18(4), Wis. Stats.

Use of repossessed lots. Whenever possible, lots repossessed under Chapter 157, Wis. Stats., in any Village cemetery will be resold and used for burials before new areas of the cemetery are used or platted.

§ 122-9 Care of lots.

Perpetual care fund for Village cemetery. In order to assure reliable means for permanent care of Village cemeteries, a perpetual care fund is created for Village cemeteries. Income from this fund shall provide all or partial maintenance costs of the Village cemeteries. All lots sold in any Village cemetery shall be charged a perpetual care fee included in the price of the lot, and each grave shall be provided with perpetual care services under Subsection B. A record of the perpetual care fund shall be kept in the office of the Village Clerk. The fund may be increased by gifts, bequests, a portion of memorial charges, and other service revenues. Gifts shall be received, kept, and maintained pursuant to § 157.11(8) and (9), Wis. Stats.

Perpetual care. The Village assumes to use the net annual income received from the investments of the perpetual care fund under Subsection A in furnishing perpetual care of graves in Village cemeteries. Perpetual care is limited to the maintenance of lawn, leaf disposal, filling sunken graves, raising markers, and caring for avenues, alleys, fences, buildings, and grounds in general. Expenditures of income from the perpetual care fund shall be made at the discretion of the Village Board or the sexton. The Village shall not be bound to make a separate investment of money set aside for perpetual care from a particular lot sale, but the proceeds of each lot sale shall be added to the perpetual care fund of the Village and the proceeds from the fund used by the Village as provided in this subsection. Nothing in this chapter shall be construed as obligating the Village as to any alleged existing contract as to perpetual care. The Village Board shall operate and maintain the Village cemetery to provide proper and decent care of Village cemeteries, and the graves, and it may employ a sexton, staff, and any independent contractor necessary to provide such care.

Costs of care fixed. The Village Board shall annually fix, as required under § 157.11(5), Wis. Stats., a sum necessary for the proper and decent care of graves and unoccupied cemetery lots and improvement of any Village cemetery to be paid from the following sources as determined by the Village Board:

Payments from Dane County to the Village for veteran's graves under Subsection F and § 45.84, Wis. Stats.

Income of the perpetual care fund.

Assessments made under Subsection D.

(4)

A tax levied by the Village Board.

Assessments against unoccupied lots. The Village Board may annually assess upon Village cemetery lots not occupied by graves amounts not to exceed the amounts reasonably required for actual and necessary costs for care of cemetery lots and care and improvement of the cemetery pursuant to § 157.11(7), Wis. Stats. Notice of the assessment, along with a copy of § 157.11, Wis. Stats., shall be mailed to each owner or person having charge of a cemetery lot, at the owner's or person's last-known post-office address, directing payment to the cemetery authority within 30 days and specifying that such assessments are a personal liability of the owner or person. When uniform care of a cemetery lot has been given for two consecutive years or more, for which assessments are unpaid, after notice as provided in § 157.11(2), Wis. Stats., the right to burial is forfeited until delinquent assessments are paid. When uniform care has been given for five consecutive years or more and the assessments are unpaid, upon like notice, title to all unoccupied parts of the cemetery lot shall pass to the Village, as cemetery authority, and may be sold, the payment of principal to be deposited into the perpetual care fund. Before depositing the payment of principal into the perpetual care fund, the cemetery authority may retain an amount necessary to cover the cemetery authority's administrative and other expenses related to the sale, but the amount retained may not exceed 50% of the proceeds.

General improvements. The Village Board shall direct and administer all improvements and maintenance within the cemetery before and after any burials. The Village Board shall be responsible for determining proper and decent care of the cemetery. All graves shall be sodded and mowed, when determined necessary by the Village Board or the sexton. The grade of the cemetery lots shall be determined by the Village Board or the sexton. The corners of all cemetery lots shall, when purchased, if possible, be permanently marked by the Village Board or the sexton. Resodding of existing graves or following disinterment will be done when determined necessary by the Village Board or the sexton.

Veteran's graves.

Pursuant to § 45.85, Wis. Stats., the Village Board shall at all times see that the graves and tombstones of all veterans, including women's auxiliary organizations created by act of Congress, who shall at any time have served in any branch of the Armed Forces of the United States, and of the spouses or surviving spouses of all those veterans, receive proper and decent care, and may employ all necessary assistance to carry out this subsection.

Pursuant to § 45.85(1), Wis. Stats., the expense of the care of the graves and tombstones shall be borne by the county where the graves are located, except where suitable care is otherwise provided and the amount of expense charged the county for the care may not exceed the charge made for the care of other graves in the same cemetery. The Village Board shall report to the Dane County Clerk, on or before September 1 of each year, the locations of the graves cared for by the Village Board under § 45.85, Wis. Stats., together with the names of the deceased and the amount claimed for care of the graves for the fiscal year from the previous July 1 to June 30.

§ 122-10 Privileges and restriction; enforcement.

Bylaws and regulations. The Village Board may adopt bylaws and regulations for the management and care of any Village cemetery and may enforce those bylaws and regulations under § 157.11(2), Wis. Stats. The Village Board may require any person owning or controlling a cemetery lot to do anything necessary to comply with the bylaws or regulations by giving reasonable personal notice in writing if the person is a resident of the state, otherwise by publishing a Class 3 notice, under Chapter 985, Wis. Stats., in the county. If the person fails to comply within 20 days thereafter, the Village Board may cause the action required to be done and recover the expense from the person required to take the action. The Village Board may also impose a forfeiture not exceeding $10 for violation of the bylaws or regulations posted in three conspicuous places in the cemetery, recoverable under Chapter 778, Wis. Stats.

Limitations on structures and urns. No structures, hedges, fences, railings, embankments, depressions, or other enclosures of any kind are permitted on or around lots in any Village cemetery. Wooden boxes, wire containers, glass jars, bottles, toys, cans, memorials, memorabilia, personal items, and other similar objects may not be placed on lots without written approval of the Village Board or the sexton, and if so placed may be removed by the Village Board or the sexton without oral or written notice. Urns are not permitted at any Village cemetery on lots sold after the passage of this chapter. Urns existing in Village cemeteries prior to the passage of this chapter shall be removed by the Village or the sexton as they become unsightly or deteriorated and shall not be replaced. Before an urn is destroyed or discarded, the last owner of record of the lot on which it is located shall be notified by registered or certified mail with return receipt requested by the Village Clerk that the urn has been removed from the lot and will be destroyed or discarded unless the owner of the urn claims it within 30 days after mailing of such letter.

Landscaping. All landscaping, mowing, and general care of lots, and other work, construction or maintenance in the Village cemetery shall be performed by the Village by its officers, employees, independent contractors, or agents, including any sexton, unless otherwise provided in writing by the Village Board.

Access to lots; opening and closing of burial places. The Village reserves the right for its officers, employees, contractors, and agents, including the sexton and the Village Board, necessary to the performance of normal Village cemetery operations to enter upon or cross over any lot in any Village cemetery in the performance of any duties or work necessary under this chapter. The Village Board, by its officers, employees, contractors and agents, including the sexton, has the sole right to the opening and closing of burial places used or to be used for burial of human remains in the Village cemetery, unless so ordered by a court of record to open or close such places.

No assumption of liability for damages. The Village, and its officers, employees, contractors, and agents, including the sexton and the Village Board, assume no liability for damages to property or person, or for physical or mental suffering arising out of the performance of its normal operations related to the construction, management, operation, maintenance, care, and platting of any Village cemetery, including care of the cemetery, any lot, and the graves, or for loss by vandalism or other acts beyond its reasonable control at a Village cemetery.

Altering physical conditions. The Village Board reserves the right to alter, change, or close alleys, roadways, walkways, water mains, and other physical public properties at any Village cemetery.

Enforcement of regulations and ordinance. The Village Board may appoint, with citation issuance and service powers, any employee or agent of the Village, including the sexton, to administer and enforce its Village cemetery bylaws and regulations and this chapter.

§ 122-11 Rules for conduct and visitors.

Visiting hours. Every Village cemetery shall be open to visitors at all times between the hours of 8:00 a.m. and 8:00 p.m. or one-half hour after the official sunset. Permission to enter any Village cemetery at any other time must be obtained from the Village Board or the sexton.

Children. Children under 16 years of age shall not enter upon any Village cemetery except when accompanied by parents or guardians, unless waived in writing by the Village Board or the sexton.

Dogs and other animals. Dogs are permitted in any Village cemetery only when confined in a vehicle or if the dog is a service animal accompanying a person with sight-impairment or other disability while in the Village cemetery. All other pets or domestic animals are prohibited without written consent of the Village Board or the sexton, except a service animal other than a dog accompanying a person with sight-impairment or other disability while in the Village cemetery.

Firearms. Firearms are prohibited in any Village cemetery except in conjunction with military funerals or specific memorial events permitted by the Village Board, the sexton, or other designees of the Village Board. At all other times firearms, bows and arrows, slingshots, and other like articles are prohibited.

Visitors.

Visitors to Village cemeteries are required to use existing walkways and roadways whenever possible.

Except as provided in § 122-15, no person in any Village cemetery may do any of the following:

Pick or cut any flowers, either wild or cultivated.

Injure any shrub, tree, or plant.

Mar or deface any monument, stone, or structure.

(d)

Loiter, cause a public nuisance, or engage in any sport or other recreational activity on any Village cemetery property without the written consent of the Village Board or the sexton.

No person, except the owner of the cemetery lot, a person with the cemetery lot owner's consent, or a person with the written consent of the Village Board or the sexton who is engaged in official cemetery management and care duties for the Village, may do any of the following in a Village cemetery:

Damage any grave or lot.

Remove, deface, mark, or damage in any manner any cemetery markers, headstones, monuments, fences, or structures.

Remove, damage, or destroy any vases, flower pots, urns, or other objects that have been placed on any cemetery lot.

(d)

Move or remove any cemetery equipment without the written consent of the Village Board or the sexton.

(e)

Remove or damage any Village cemetery property not included within Subsection E(3)(a) to (d).

(Reserved)

Vehicles.

Motor vehicles traveling within any Village cemetery may not exceed 15 miles per hour. No motor vehicle, except authorized maintenance vehicles for the Village, shall be driven except on roadways designated for that purpose, nor shall any motor vehicles be driven in a reckless manner in the cemetery.

No person may ride, operate, or make use of any of the following vehicles in any cemetery unless the vehicles are present in conjunction with Village cemetery business or are authorized in writing by the Village Board or the sexton:

Snowmobiles.

Go-carts.

All-terrain vehicles.

Mopeds.

Motor bicycles.

Motorcycles.

Play vehicles and other amusement vehicles, including any coaster, skateboard, roller skates, sled, toboggan, unicycle, or toy vehicle upon which a person may ride.

No person, without the written consent of the Village Board or the sexton, may park or abandon any motor vehicle in any Village cemetery on any grassy or seeded area or upon any other location except a designated parking area; nor shall any person park or abandon a motor vehicle on any Village cemetery property for any purpose except engaging in official cemetery business. Any motor vehicle parked more than 24 hours, without written consent of the Village Board or the sexton, shall be declared abandoned by the Village Board and may be towed or removed, or caused to be towed or removed, by the Village Board or the sexton.

Protection of cemetery property. No person, without written consent of the Village Board or the sexton, may do any of the following:

Trap, hunt, kill, injure, or disturb, or attempt to trap, hunt, kill, injure, or disturb any animal, bird, or waterfowl, wild or domestic.

Climb any tree.

Break, cut down, trample upon, remove, or in any manner injure, deface, write upon, or damage any tree, shrub, flower, flower bed, turf, grassy area, soil, building, structure, equipment, official notice, sign, or other property within any Village cemetery, except as otherwise provided in this chapter.

Littering, soliciting, and advertising prohibited. No person may litter, dump, or deposit any rubbish, refuse, earth, or other material, including any placement of advertising, in any Village cemetery without the written consent of the Village Board or the sexton.

Sound devices. No person may operate or play any amplifying system or sound device in any Village cemetery without the written consent of the Village Board or the sexton.

Authorized notices. No person may post, paste, fasten, paint, or attach any placard, bill, notice, sign, or advertising matter upon any structure, tree, or other natural object in any Village cemetery, except with the written consent, or at the direction, of the Village Board or the sexton. No person shall remove, deface, or damage in any manner any sign or notice posted in any Village cemetery by or at the direction of the Village Board or sexton unless approved by the Village Board or the sexton.

Working in cemetery. All contractors or other persons having work in the Village cemetery shall notify the Village Clerk or the sexton prior to commencement of the work. All contractors or others doing work in the Village cemetery are responsible for the cost for any damages or losses resulting from the work and shall promptly, upon determination of the amount of damages or loss by the Village Board, pay that sum to the Village Board.

§ 122-12 Village cemetery burials.

Daylight burials. Burials at any Village cemetery shall be made only during daylight hours, unless with written approval of the Village Board or the sexton.

Outer containers. All burials and reinterments, at any Village cemetery, shall be made in a permanent outer burial container not constructed of wood.

Grave digging. All graves at a Village cemetery and any other cemetery in the Village to be used for burials shall be opened and dug at no cost or expense to the Village, but shall be under the direction of the Village Board or the sexton. Depth of graves shall conform to State of Wisconsin rules specifications. The Village Board or the sexton may charge the full cost for any grave digging and opening service provided by the Village at any Village cemetery, including the fees for the sexton or other designee of the Village Board, for staking the plot, if the Village Board has authorized the Village or its officers, employees, contractors, or agents, including the sexton or other designees, to provide grave staking, grave openings, or digging services. The Village Board or the sexton may also establish charges for snowplowing and seasonal additional access costs to the lot owner incurred by the Village to provide for burial or disinterment services. Arrangements for any disinterment or burial services, including payments due to the Village, shall be made with the Village Clerk, the sexton, or other person designated by the Village Board at least 48 hours in advance of the service. The time for any disinterment or burial service shall be arranged so that the grave shall be properly filled and all surplus earth removed before 4:30 p.m. on the day of the disinterment or burial service, unless that requirement is specifically waived in writing by the Village Clerk or the sexton.

Burial permit. No burial in the Village cemetery shall be permitted until a legal burial permit has been issued by the Village Clerk or the sexton. The burial of bodies of persons who have died of contagious disease shall be in strict accordance with the rules of the State of Wisconsin.

Maintenance of flowers, wreaths and other personal items at burial sites. There shall be no responsibility on the part of the Village, its officers, employees, contractors, or agents, including the sexton or other designees of the Village Board, for the protection and maintenance of flowers, wreaths, plants, emblems, urns, family or personal items, memorials, or similar items used or placed at any Village cemetery in conjunction with funerals or burials, including disinterments, or memorial events. The Village Board shall place or cause to have placed a notice of disclaimer of responsibility consistent with this subsection at vehicle access locations to each Village cemetery.

Number of graves per lot. No lot at any Village cemetery may be used for the burial of more than one body except in the following circumstances:

Two remains from cremation shall be allowed in one lot with one headstone or two flat markets to be placed only in line with other stones.

One full body and one remains from cremation shall be allowed in one lot, with one headstone or two flat markers to be placed only in line with other stones.

All cremation remains shall be placed in a permanent outer burial container not constructed of wood.

Seasonal burial; duty to bury. The Village Board or the sexton shall provide for cemetery services and burials at any Village cemetery during each season, including winter, whenever practicable, in compliance with § 157.114, Wis. Stats. However, the Village has no duty to bury, remove any human remains, or allow the burial or removal of any human remains, unless those requesting burial or disinterment are or will be in full compliance with this chapter, state law, and any bylaws and regulation established by the Village Board. The Village Board may, at its discretion, charge additional costs to the person requesting burial in order to provide safe and timely access to and from the grave or burial site during burial services burial.

§ 122-13 Monuments and markers.

Setting grave markers.

Grave markers, monuments, and foundations at any Village cemetery may be set only after the person desiring to set the marker, monument, or foundation obtains a permit therefor from the office of the Village Clerk or the sexton. Grave markers, monuments, and foundations at any Village cemetery may be set by monument company employees or agents or other persons authorized by the lot owners, but not the Village Board or the sexton. Except as otherwise provided in this chapter, under no conditions will the Village Board or the sexton construct monument or marker bases or erect monument or markers on bases.

All markers and monuments must have a cement foundation. The construction of a foundation shall be of such size and design as will provide ample insurance against settlement or injury to the monument or marker as determined by the Village Board or the sexton. The top of the foundation shall be constructed flush with the ground line. Whenever possible, all markers shall be set with, at minimum, a five-inch margin from the outer edges of the foundation.

The setting of grave markers, monuments, and foundations and the transportation of all tools, and related materials within any Village cemetery is subject to the supervision and control of the Village Board or the sexton. Unless special arrangements are made in writing with the Village Board or the sexton, such work shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. Mondays through Fridays, except national holidays. Truck operation is not permitted within any Village cemetery when, in the opinion of the Village Board or the sexton, the truck operation may cause damage to the driveways or other Village cemetery property. Except with written permission of the Village Board or sexton, all work in the setting of grave markers, monuments, and foundations shall be completed promptly and debris removed immediately.

Limitations. All of the following apply to monuments and markers in Village cemeteries:

The Village Board or the sexton may refuse permission to erect any monument, marker, or foundation not in keeping with the good appearance of the grounds at a Village cemetery. The size of any monument or stonework must be provided to the Village Board or the sexton and approved before any work related to any monument, marker, or foundation will be permitted on a lot in a Village cemetery.

Only one monument or marker shall be allowed per lot.