[HISTORY: Adopted by the Town Council of
the Town of Sanford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-29-2009[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. I, Oakdale Cemetery, adopted 4-11-1977 as Ch. 3 of the 1977 Code,
as amended.
All land purchased from Oakdale Cemetery Association situated
on Berwick Road in the Town of Sanford shall be held for a perpetual
burying place of the human dead and shall be known as the Oakdale
Cemetery.
A.
Members; appointment; term.
(1)
The general care and management of the property expenditures, business
and prudential affairs of said cemetery shall be in a Board of three
Trustees, to include the following members: a member of the Town Council,
to be appointed annually by the Town Council at the first regular
meeting in January, or as soon thereafter as may be, the Town Manager
or the Town Manager's designee, and the Town Treasurer.
(2)
Said Board shall, on or before the first regular meeting of December
in each year, make to the Town Council a full report of its doings.
B.
Organization of Trustees. The Board of Trustees immediately after
the first regular meeting of the Town Council shall organize by choosing
from their number a Chairperson and a Secretary. The Town Treasurer
shall serve as the Treasurer of the organization.
C.
Grants, donations, bequests.
(1)
The Board of Trustees, when so authorized by statute, may accept
and hold any grant, donation, or bequest of money or property, in
trust, for and in behalf of the Town of Sanford, and apply the income
thereof and the principal when so stated, to the improvement and embellishment
of said cemetery; or for the erection, repair, preservation or renewal
of any monument or other structure; or for the planting or cultivation
of trees, shrubs or plants in or around any lot or lots; or for improving
said grounds in any other manner or form consistent with the purposes
for which said cemetery is established, and in accordance with the
terms of such grant, donation or bequest.
(2)
And whenever any such grant, donation or bequest, or any deposit
of money, shall be made to said Trustees, by the owner of any lot
or lots, in said cemetery, for the annual or perpetual care, repair,
preservation or embellishment of such lot or lots, or the erections
thereon, said Trustees may give to such owner or his legal representative,
when so authorized by statute, an agreement or obligation in such
form and upon such conditions as they or the statute may establish,
binding themselves and their successors for and in behalf of the Town
of Sanford, to preserve and keep in repair said lots or lot forever,
or for such period as may be agreed upon. Any sums of money so received
shall be invested by them in such manner as the laws of the State
provide for investing such funds.
D.
Grants, donations, bequests; income. The income of such funds or
fund and the principal, when so stated, shall be expended by said
Board of Trustees in such manner as shall, in their opinion, best
promote the purposes for which said grant donation, bequest or deposit
was made.
E.
Property held, how applied. All personal property now belonging to
said cemetery, and the proceeds of all sales of lots, now held, or
hereafter to be acquired, by said cemetery, together with all donations,
bequests, and all other incomes of whatever nature, shall be forever
devoted and applied, in accordance with the provisions of this article,
to the preservation, improvement, embellishment, protection and enlargements
of said cemetery, and to the necessary incidental expenses thereof
and to no other account.
F.
Payment procedure. All bills against said cemetery shall be examined
and approved by at least two members of the Board of Trustees before
payment.
G.
Chairman. The Chairman shall preside at all meetings of the Trustees.
A.
Secretary. The Secretary shall keep a correct record of all the doings
of the Board of Trustees and attend to all necessary correspondence.
B.
Treasurer. The Treasurer shall receive all money due and payable
on account of the cemetery.
C.
Treasurer; financial statement. The Treasurer shall make out and
submit to the Board of Trustees a statement of the financial condition
of the cemetery, which statement shall contain a detailed account
of receipts and expenditures, made for and in behalf of the cemetery,
whenever requested so to do by said Board.
D.
Treasurer; annual statement. The Treasurer shall, annually, on June
30, make out a statement of all receipts and expenditures, and submit
the same to the Town Council.
E.
Treasurer; payroll. The Treasurer shall carefully examine the Superintendent's
time book, and make up therefrom the payroll of all the employees
of the cemetery; and, upon approval of said payroll by the Trustees,
the Treasurer shall pay the same.
F.
Town Treasurer; statement. It shall be the duty of the Town Treasurer to furnish the Board of Trustees, for the report required in § 101-3C, an itemized statement of the current receipts and expenditures of the Town Treasurer's office, for and in behalf of Oakdale Cemetery, for the month ending as aforesaid; which statement shall include, under the appropriate heads, any interest or other income, due from the Town to said cemetery account, by reason of any loan or invested fund.
G.
Purchase Committee. The Trustees shall designate not less than two
of their number to act as a committee for purchasing all necessary
supplies for the cemetery.
A.
Appointment; general duties. The Board of Trustees, at its organization
or as soon thereafter as may be, shall appoint some suitable person
as Superintendent of the cemetery, who, under the direction of the
Trustees, shall have entire charge of the cemetery grounds. The Superintendent
shall keep the avenues, paths and lots in a neat and satisfactory
condition, and, upon approval of the Trustees, shall engage and discharge
workmen, and order and arrange their respective duties.
B.
Enforcement duty. It shall be the Superintendent's duty at all
times, in connection with the Trustees, to see that the provisions
of this article are faithfully and impartially enforced.
C.
Rules and regulations. The Superintendent shall see that all rules
and regulations of the cemetery are observed by persons employed in
the cemetery, either by the Superintendent or by owners of lots; and
that all regulations in regard to interments and the construction
of tombs, monuments, foundations, care and improvement of lots be
complied with, and cause all contracts made with owners to be fulfilled.
D.
Actuarial duties; records; other.
(1)
The Superintendent shall perform the duties of actuary by keeping
in books or cards provided for that purpose regular and accurate records
of all interments, with proper indices of the same, for immediate
reference, by lot owners and others, at any time. The Superintendent
shall, ex officio, be an undertaker and have all the powers of the
same.
(2)
The Superintendent shall keep a record in a book, or on cards properly
ruled, according to the plan of said cemetery, giving the number,
section, name of purchaser, price and date of every lot sold, transferred
or exchanged.
(3)
The Superintendent shall hold the office at the pleasure of the Board
of Trustees. Subject to the provisions of this article, the Trustees
may require the Superintendent to perform such other duties as they
deem advisable.
A.
Perpetual care fund. All sums received from bonds given by the Town
or Board of Trustees for the perpetual care of lots, tombs and other
structures upon any lots shall be known as the "perpetual care fund,"
and the income from the same shall be exclusively expended by the
Trustees in maintaining, according to the terms of the various bonds
given therefor, a perpetual care of said lots, tombs, and other structures.
B.
General fund. The Town Treasurer shall open a cemetery account known
as the "general fund" in a book kept for that purpose, in which shall
be entered all moneys received for and on account of the cemetery,
not including the above-mentioned funds, and all moneys so received
shall be and are hereby constituted a general fund, to be used for
the purpose of paying current expenses, as well as improving and ornamenting
said cemetery.
C.
Treasurer; report. The Town Treasurer shall, annually, make a report
to the Town Council, giving a detailed statement of all receipts from
and expenditures and investments of the above-mentioned funds received
or made by him for the fiscal year.
A.
Price, certificate for sale, deed. The Trustees are authorized to
determine the price and sale of lots in the cemetery, fixing such
price as in their judgment the location, surroundings and condition
of the same seem to warrant. The Town Treasurer, upon receipt of a
certificate signed by the Trustees, giving the name or names of the
purchasers, the section, number and price of the lot or lots, shall
make out and deliver to such person or persons (on payment of the
specified price) a deed.
B.
Purchase of lots. The Trustees are hereby authorized to purchase
outright or by exchange for other lots, on behalf of the Town, any
unoccupied lot or lots, at such price or prices as may be agreed upon
by the owner or owners and the Trustees.
C.
Single graves; condition of sale.
(1)
The Trustees are hereby authorized to set apart any unoccupied tract
or tracts of land in the cemetery, for the purpose of selling the
right of burial, in single graves, to persons who do not desire to
purchase regular lots. And said Trustees are hereby empowered to adopt
and regulate the price for such graves as in their judgment is just
and proper. It shall be conditioned in the same of every such grave
that if any person purchasing such a grave shall thereafter purchase
any lot or lots in the cemetery, the body buried in such grave will
be removed therefrom to the lot or lots purchased, when desired, and
the price paid for the grave, less the charge for two interments,
shall be credited on the lot or lots so purchased. After such removal,
the space so vacated and the right to occupy the same shall revert
to the Town.
(2)
Single graves may be purchased in the section or sections set apart
for that purpose, by the Trustees, at such price as they may determine.
D.
Single graves; perpetual care. The price for a single grave shall
include perpetual care.
A.
Uniform grade. The grade of all lots hereafter sold or exchanged
shall be at a uniform grade unless otherwise determined by the Trustees.
All lots shall be graded by the Town under the direction of the Trustees
at such a price as may be agreed upon.
B.
Restriction against; penalty. The grading of any lot in the cemetery
or any changing of a grade once established by the Town, except by
an employee of the cemetery acting under the direction of the Superintendent,
is prohibited; and any lot owner, or his representative, who violates
this section shall be liable to a fine of not less than $25 for each
offense, to be recovered by complaint or an action of debt, in the
name of the Trustees, for the use of the cemetery.
A.
Determination of cost; satisfactory condition. The Trustees are authorized
to agree upon such a price for perpetual, annual or special care of
any lot or lots by the Town, as in their judgment would be just and
proper, between the Town and the owners of such lots. They may refuse
to grant perpetual care upon any lot until it is put in a condition
satisfactory to them.
B.
Classification of care. There shall be the following classifications
for the perpetual care by the Town of lots, monuments, or other structures
upon lots.
(1)
One.
(a)
Shall include keeping the sward or turf even and in good condition,
the grass properly cut and the trees and shrubbery trimmed.
(2)
Two. May embrace any or all the divisions enumerated in Classification
One, as well as the proper care of all granite, stone, marble, bronze
or other structures on the lot at the time the care is assumed, or
any future erections that may be expressly specified, but not the
replacing of the same.
(3)
Three. Assuming the same care as in Classification Two, and, in addition,
replacing when necessary such granite, stone, marble, bronze or other
structures.
C.
Annual care; special care.
(1)
The Trustees or Superintendent may contract with lot owners or their
representatives, for the care of lots by the year, on such terms as
may be agreed upon, to be known as "annual care." It may embrace any
or all of the provisions designated in Classification One.
(2)
Special or extra care may be contracted for in writing by any lot
holder, in addition to the perpetual or annual care mentioned in this
and the preceding subsection.
D.
Neglect of lots. If any lot or structure or growth thereon shall,
by reason of the neglect or absence of the owner, become unsightly
or inconvenient, the Trustees shall have the right, at their discretion,
after due notice to said owner or the designated representative, to
put said lot or structure in proper condition and repair, and make
a reasonable charge for the same; or any structure or growth thereon
or any part of it may be removed, if deemed advisable, and the expense
of the same shall be charged to the owner or owners of said lot or
lots. And the Trustees shall not consent to the transfer of such lot
or lots until the expense for such repairs has been paid.
E.
Perpetual care bond. Upon the receipt of a certificate from the Trustees
setting forth the section, number and lot, owner's name and residence,
together with this class of care and the price for the same, the Town
Treasurer shall issue to the party or parties therein named, a bond
for perpetual care of lots, upon the payment of the price agreed upon
in such certificate.
F.
Trusts and conveyances. Upon receipt of a properly executed deed
to the Town of Sanford by any lot holder or holders in Oakdale Cemetery,
conveying in trust any lot or lots in said cemetery as a place of
interment for the grantor and such persons as the grantor may designate
to be buried therein accompanied by a certificate from the Trustees,
for the time being, of said cemetery, giving the section, number and
lots, the name and residence of the grantor, together with the class
of perpetual care and the price for the same, the Town Treasurer and
said Trustees, for the time being, for and in behalf of the Town of
Sanford may accept the conveyance of such lot or lots, for the uses
and upon the trusts which may be set forth in said conveyance, and
may bind the Town to keep and perform the agreements, uses and trusts,
as are contained in the deed of conveyance of such lot or lots, in
accordance with the laws of the State of Maine.
G.
Entry privilege for upkeep of lots. No person, except a lot owner,
his legal representative or an employee of the cemetery acting under
the direction of the Superintendent or Trustees, shall enter Oakdale
Cemetery for the purpose of caring for lots, unless by special permission
or vote of the Trustees.
H.
No personal interest or compensation allowed. No Trustee, Superintendent or employee of this cemetery shall be allowed to be personally interested in or receive compensation for the care of any lot, but any and all receipts for such care, unless otherwise provided, shall go into the general fund provided in § 101-5B.
A.
Boundary markers; lot numbers. Each lot shall be bounded or designated
by posts or markers at each corner, set level with the ground, the
same to be furnished by the Trustees on or before the sale of the
lot. The number of the lot shall be cast or cut in a post or marker
set for that purpose.
B.
Removal of trees, shrubs, etc. If any tree, shrub, hedge or plant
situated on any lot by means of its roots, branches or otherwise becomes
unsightly or obnoxious to adjacent lot owners, or detrimental or inconvenient
to avenues or paths, it shall be the duty of the Trustees to enter
upon such lot and remove the same in whole or in part, at their discretion.
C.
Cultivation of trees, shrubs, etc. The owner of any lot shall have
a right to cultivate shrubs and plants on the same, subject to the
regulations of the cemetery, but they shall not be cultivated without
first obtaining permission from the Trustees.
A.
Right to erect, restriction. The owner of any lot shall have the
right to erect any proper stones or a monument thereon. Only one monument
shall be allowed on a lot and this must be located at the center,
unless special permission is given by the Trustees for placing it
otherwise. No monument will be allowed on any lot platted for less
than five burials unless by special vote of the Trustees.
B.
Tombs; vaults; mausoleums. Tombs, vaults or mausoleums can be constructed
only in such places and upon such lots and of such a design as shall
be approved by the Trustees. Complete plans and specifications of
the same must be furnished when application for permission to build
is made. No bodies shall be placed therein except in hermetically
sealed, single apartments, in a manner satisfactory to the Trustees.
C.
Materials allowed. No monument or headstone, and no portion of any
vault, tomb, or mausoleum above the ground, shall be constructed of
any other material than cut marble or stone or real bronze. No artificial
material will be allowed.
A.
Reservation of right to construct foundations. As a guarantee of
good work, for the general welfare of the cemetery, and as a protection
to lot holders, the Town reserves the right to excavate for and build
all foundations for monuments, headstones, etc. The Trustees may,
however, if deemed advisable, authorize, under their supervision,
the construction of such foundations by other parties than the Town.
B.
Foundation specifications.
(1)
No stone, tablet, tomb, vault or other super-structures shall be
erected in Oakdale Cemetery until a suitable foundation is laid.
(2)
All foundations for monuments, shall be not less than four feet deep.
For all other structures, the depth of the foundation shall be at
the discretion of the Trustees. Cement shall be used throughout for
monument foundations.
A.
Restriction on removal or deposit for burial; penalty. No person, except a licensed undertaker or the Superintendent acting as such, shall remove to or deposit for burial in Oakdale Cemetery any body of a deceased person; and any person violating this subsection shall be liable to a fine of not less than $50 for each offense, to be recovered as in § 101-7B.
B.
Notification requirements; record.
(1)
It shall be the duty of every undertaker, who shall hereafter remove
to Oakdale Cemetery any body of a deceased person for burial or for
deposit in the receiving tomb, to first notify the Superintendent
of the burials, upon a blank for that purpose, furnished by the Superintendent
of the cemetery, giving the name, age, late residence and nature of
the disease of which such person died; and, if buried, the section,
number and name of the lot owner upon whose lot such burial is made;
and, if the body is placed in the receiving tomb to await burial,
it shall be so stated upon such return.
(2)
In addition to the above, the date of such deposits and when such
body will be removed for burial, the number and lot holder's
name to which it is to be removed shall be given. And the Trustees
shall cause a record of every such notice and return to be kept at
the Superintendent's office, for the use and information of the
cemetery.
C.
Hours for burial and deposit. No body of a deceased person shall
hereafter be removed to Oakdale Cemetery, either for burial or deposit
in the receiving tomb, except between the hours of 7:00 a.m. and 5:00
p.m., without permission of the Trustees.
A.
Conformance with law; fees. No burial shall be permitted in any lot
in the cemetery until the laws regarding burials in force in the Town
of Sanford have been complied with, and all burial fees paid.
B.
Permission required. No body shall be buried in any lot in the cemetery
for hire nor except on the written permission of the lot owner or
his designated representative filed in the office of the Superintendent
12 hours before such interment. The Trustees, at their discretion,
may permit such interment when unable to get the permission above
mentioned.
C.
Burial on Town-owned lots; failure to purchase. Burials are prohibited
upon any lot the title to which is in the Town of Sanford, but the
Trustees, by written consent, may allow burials to be made, for a
stated period, on such lots when the persons or person interested
shall contract to purchase the lot or lots so buried upon. And it
shall be stipulated in such contract that if such person or persons
shall fail to purchase within the time specified, the Trustees may,
after 30 days from the date of a notice to that effect to the person
or persons interested, cause such body or bodies to be removed to
a single grave section, at the expense of the person or persons for
whom such burials were made.
A.
Contagious remains; public vault. The remains of a person dying of
cholera, scarlet fever, diphtheria, small pox, typhus or yellow fever,
or any other recognized contagious disease, shall not be allowed in
the public vault, unless same is sealed in an airtight receptacle.
B.
Contagious remains, restriction on removal. Should the remains of
any person dying of any disease mentioned in the preceding section,
be buried in any lot or section of Oakdale Cemetery, such remains
shall not be removed within two years from the date of such interment.
C.
Temporary winter placement. Persons not owning lots may, during the
winter months on payment of such sum as may be determined upon by
the Trustees, have a body placed in the receiving tomb for a term
not exceeding three months. All bodies deposited in the receiving
tomb shall be removed therefrom on or before the fifteenth day of
May, annually, unless allowed to remain longer by special permission
of the Trustees.
Any person who shall be found within the limits of the grounds
making unseemly noise, discharging firearms, driving at a rapid rate
on the avenues throwing stones or other missiles, or otherwise conducting
themselves in a manner unsuitable to the purposes to which the grounds
are dedicated or in violation of any ordinance or regulation of the
cemetery shall be liable to a fine of not less than $10.
A.
Rules and regulations. The Trustees are hereby empowered to adopt
such rules and regulations as may be necessary for the government
of said cemetery, as long as the same are not inconsistent with the
ordinances of the Town and the laws of the State.
The Trustees shall set aside a section of the cemetery for the
burial of servicemen of all wars who have no relatives who might provide
a plot for the interment of their remains. The area has previously
been selected and some veterans already interred therein. The Trustees
shall establish rules and regulations to govern under which conditions
of burials therein will be authorized.
