[HISTORY: Adopted by the Town of Islesboro 4-26-2003. Amendments
noted where applicable.]
[Added 6-6-2012]
This chapter shall be known as the “Town of Islesboro
Cemetery Ordinance.”
[Amended 6-6-2012]
This chapter is enacted in accordance with the provisions of
30-A M.R.S.A. § 3301.
[Amended 6-6-2012]
This chapter is enacted to:
A.
Establish
a Cemetery Committee (“Committee”) to administer this
chapter;
B.
Provide
regulations for cemetery lot owners in the Town-owned cemeteries known
as "Bayview Cemetery" and "Sprague Cemetery";
C.
Regulate
the sale of Town-owned cemetery lots; and
D.
Regulate
the operation and care of the cemeteries and plots therein.
[Added 6-6-2012]
A.
The members
of the Cemetery Committee shall be appointed by the Board of Selectmen
annually with terms running from July 1 to June 30.
B.
There shall
be seven members of the Committee of which at least five members shall
be residents of the Town of Islesboro at the time of their appointment.
C.
When a member
is unable to serve or is removed for cause by the Board of Selectmen,
the Board may appoint a person to complete the term of that member.
D.
The Committee
shall elect a Chair who shall call the meetings of the Committee as
needed to administer this chapter. The Committee shall meet at least
semiannually, the first meeting to elect a Chair.
The cemeteries of the Town to which these regulations apply
are the two Town-owned cemeteries, Bayview Cemetery and Sprague
Cemetery.
As used in this chapter, the following terms shall have the
meanings indicated:
The duly elected Board of Selectmen of the Town of Islesboro.
The persons duly authorized by the Board of Selectmen to
administer, control and order all persons, vehicles and funerals in
all Town cemeteries. Hereafter referred to as the "Committee."
Includes husband, wife, mother, father, children, siblings,
grandmother, grandfather and grandchildren.
[Amended 6-6-2012]
The permanent disposition of the remains of a deceased person
by cremation and inurnment, or burial.
Used interchangeably and shall apply with like effect to
one or more than one adjoining grave(s).
Includes a monument, marker or headstone for family or individual
use.
At time of lot purchase, an individual who is/does any two
of the following three things:
Its inhabitants as a corporate body.
A.
A state certificate (Disposition of Human Remains) is required for
all interments, removals and disinterments, including cremated remains,
and shall be submitted to the Town Clerk in order to provide a record
of the burial(s).
B.
Every earth interment shall be made enclosed in an outer container
or receptacle, the design and installation of which shall meet the
state standards. Cremains are not required to be enclosed in another
container or receptacle.
C.
The Committee reserves the right to refuse interment in any lot or
open any burial place for any purpose, except on application by the
plot owner or owners of record or their duly authorized agent.
D.
The Committee reserves the right to make an interment of any member
of the immediate family or any one of several plot owners upon his
or her written authorization. No other person may be interred in any
plot without the consent of all those owners of the plot who are recorded
as such on the books of the cemetery. If there are no immediate family
members who are still living, a nonimmediate family member may be
interned with the permission of the Committee.
No transfer or assignment of any plot, or interest therein,
shall be valid without the consent of the Committee in writing first
to be had and endorsed upon such transfer or assignment and thereafter
being recorded in the Town's cemetery records.
A.
All grading, landscaping and improvements of any kind and all care
on plots shall be done, and all trees, shrubs and herbage of any kind
shall be planted, trimmed, cut or removed and all openings and closing
of plots, and all interments, disinterments and removals shall be
made only by or under the direction of the Committee.
B.
The throwing of rubbish in any part of the cemetery is prohibited.
A.
The Committee shall have the authority to remove all floral designs,
flowers, weeds, trees, shrubs, plants or herbage of any kind from
the cemetery as soon as, in the judgment of the Committee, they become
unsightly, dangerous, detrimental, or diseased, or when they do not
conform to the standards listed above.
B.
The Town shall not be liable for floral pieces, baskets or frames
in which or to which such floral pieces are attached, beyond the acceptance
of such floral pieces for funeral services held in the cemetery. The
Town shall not be liable for lost, misplaced or broken flower vases,
for frozen plants or herbage of any kind, or for plantings damaged
by the elements, thieves, vandals, or by other causes beyond its control.
C.
The planting of trees, bushes, flowers and shrubs is allowed with
the recommendation of small shrubs, such as Alberta spruce, that are
slow growing (dwarf species) and that no yews be allowed. All care
for trees and shrubs planted on lots shall be the responsibility of
the lot owner.
D.
Flags that are placed on graves shall have a maximum height of 48
inches. The Town shall be notified when a veteran dies so that the
Committee can be sure to place a flag on the lot at the appropriate
time. Flags shall be placed on veterans' lots from mid-May through
November.
The Town shall take reasonable precautions to protect plot owners,
within the cemetery, from loss or damage, but it distinctly disclaims
all responsibility for loss or damage from causes beyond its reasonable
control, and especially from damage caused by the elements, acts of
God, common enemy, thieves, vandals, strikers, malicious mischief
makers, explosives, unavoidable accidents, invasions, insurrections,
riots, or order of any military or civil authority, whether the damage
be direct or collateral, other than as herein provided.
A.
The term "perpetual care" as used in reference to plots shall be
held to mean the cutting of the grass upon said plots at reasonable
intervals and the marking and cleaning of the plots. It also means
and intends to mean the general preservation of the plots and the
grounds, walks, roadways and boundaries, to the end that said grounds
shall remain and be reasonably cared for as cemetery grounds forever.
See mowing and maintenance contract for specifications.
B.
Unless otherwise provided for by separate agreement, perpetual care
shall not be construed to mean the maintenance, repair, reconstruction
or replacement of any memorial, marker, monument or of any object,
material or construction upon the lot; nor the planting of flowers
or ornamental plants; nor watering or sprinkling of lots.
[Amended 6-6-2012]
C.
The Board of Selectmen upon recommendation of the Committee is hereby
empowered to determine and regulate the size plots to be laid out
in the various sections of the cemetery, from time to time, as it
is improved.
D.
The Board of Selectmen upon recommendation of the Committee shall
determine and regulate as it may deem fit the cost to plot purchasers,
taking into consideration the plot location, physical differences
in character of the ground, financial considerations of the purchasers,
and other such factors as may tend to influence the value of the lot.
E.
Perpetual care is required on all lots purchased. The fee for perpetual
care varies depending on the size of the lot. The fee for perpetual
care will be invested in the Town of Islesboro Cemetery Trust Fund;
said amount goes to the principal, and the interest generated from
the trust account is budgeted into the Town revenue budget by vote
at Town Meeting, to be put toward cemetery lot maintenance. Perpetual
care shall be limited absolutely to the income received from the investment
of the perpetual care funds, no part of the principal being expended.[1]
[Amended 6-6-2012]
F.
It is understood and agreed between the purchaser and the Town that
all of said funds may be deposited with others of like character and
intent, to the end that the income from such accumulated general fund
shall be used for the general improvement and perpetual care of those
portions of the cemetery designated for perpetual care.
G.
The income from perpetual care funds shall be expended by the Town
in such manner as will, in its judgment, be most advantageous to the
property owners as a whole, and in accordance with the purposes and
provisions of the laws of the state applicable to the expenditure
of such funds.
[Amended 6-6-2012]
The certificate of ownership and the rules along with any amendments
thereto shall constitute the sole agreement between the Town and the
plot owner. The statement of any employee or agent, unless confirmed
in writing by the Board of Selectmen, shall in no way bind the Town.
[Amended 6-6-2012]
Special cases may arise in which the literal enforcement of
a rule may impose unnecessary hardship. When emergencies arise or
special cases occur where literal enforcement of the rules may be
impractical or cause undue hardship, the Board of Selectmen, upon
recommendation of the Committee, may make exceptions, suspensions
or modifications of the rules without notice. Such exceptions, suspensions,
or modifications of the rules shall in no way be construed to affect
the validity or continued application of the provisions of this chapter.
[Amended 6-6-2012]
Monuments, including stone or concrete benches, shall be placed
on foundations excavated to the frost line (approximately four feet
deep) or to bedrock. The foundations shall be two inches wider on
all sides than the base of the monument.
A.
Any violation of this chapter shall be deemed to be a nuisance.
B.
Violation of the provisions of this chapter shall be reported to
the Codes Enforcement Officer by the Committee for appropriate enforcement
action.
[Amended 6-6-2012]
C.
The Board of Selectmen, or its authorized agent, is hereby authorized
to enter into administrative consent agreements for the purpose of
eliminating violations of this chapter and recovering fines without
court action. Such agreements shall not allow an illegal structure
or use to continue unless there is clear and convincing evidence that
the illegal structure or use was constructed or conducted as a direct
result of erroneous advice given by an authorized municipal official
and there is no evidence that the owner, owner's agent, or contractor
acted in bad faith, or unless the removal of the structure or use
will result in substantial environmental damage.
D.
Any person who orders or conducts any activity in violation of this
chapter shall be penalized in accordance with 30-A M.R.S.A. § 4452.
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Note: Current penalties include fines of not less than $100
nor more than $2,500 per violation for each day that the violation
continues.
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