[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.
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:
CEMETERY COMMITTEE
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."
IMMEDIATE FAMILY
Includes husband, wife, mother, father, children, siblings,
grandmother, grandfather and grandchildren.
[Amended 6-6-2012]
INTERMENT
The permanent disposition of the remains of a deceased person
by cremation and inurnment, or burial.
MEMORIAL
Includes a monument, marker or headstone for family or individual
use.
RESIDENT
At time of lot purchase, an individual who is/does any two
of the following three things:
A.
Currently registered to vote in the Town of Islesboro;
B.
Currently registers his or her vehicle(s) in the Town; and/or
C.
Is an owner of record of property either real or personal in
the Town.
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.
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.
[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.