Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dundee 9-27-2011 by L.L. No. 2-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 45, Cemeteries, which was comprised of Art. I, Rules and Regulations for Hillside cemetery, adopted 4-9-1996 by L.L. No. 1-1996; Art. II, Hillside cemetery Memorial Decorations, adopted 10-11-1994, as amended; Art. III, Hillside Cemetery Hours of Operation, adopted 9-12-1995 by L.L. No. 1-1995; and Art. IV, Fees, adopted 8-12-2008 by Res. No. 2008-16.
The purpose of this chapter is to provide rules and regulations concerning the use and sales of cemetery lots in the Hillside Cemetery, located in the Village of Dundee.
The Village of Dundee Public Works Department, Village-appointed person or contractor is responsible for all cemetery maintenance.
A. 
Persons desiring to purchase a lot(s) are referred to the Superintendent of Public Works. Following the selection of a lot, the prospective purchaser shall pay for the lot(s). The transaction will be receipted and a lot certificate will be prepared by the Village Clerk and mailed to the purchaser.
B. 
Cemetery lot certificates will be placed only in the name(s) of a living person(s), except in the case of a single space purchased by the estate of the deceased when there are no living relatives. At the time of need, the cemetery lot must be fully paid prior to the opening of the grave.
C. 
There shall be no reserving of lots. All lots will be available to the public at large until payment in full is received by the Village Clerk. No partial payments shall be accepted.
A. 
The term "lot owner" or "ownership" shall be defined as the right to use a lot or part of a lot, as purchased from the Village for burial purposes only, and under the existing and subsequent rules and regulations as prescribed by the Village for such use.
B. 
Lots or fractional lots, for which the Village has issued lot certificates, will not thereafter be divided except by consent of the Village. All lots are exempt from taxation and cannot be seized for debt (except those owed to the cemetery) nor can they be mortgaged.
C. 
The Village shall have the right to assume, at all times, that the lot owner acquired the lot for the interment of herself/himself and family members. Unless otherwise directed in writing and filed with the Village Clerk by the owner, devisees, or heirs, the Village will permit the interment of family members at the request of any interested person upon the proof of eligibility for burials as follows:
(1) 
The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(2) 
When there is no surviving spouse, the devisees or heirs of the owner may, by order of will or by an agreement in writing, determine who among them shall have the right of interment or direction of interment, which agreement shall be notarized and filed with the Village Clerk.
(3) 
In the event the owner, devisees, or heirs shall not have arranged for future interment, then the devisees or heirs as the case may be, of such owner, shall have the right to interment in order of their need.
(4) 
All burial rights in cemetery lots purchased from the Village 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. In the case of a will, a certified copy of the will shall be delivered to the Village Clerk before the Village will recognize the change in ownership. If the deceased lot owner left no will, satisfactory proof of descent shall be presented.
(5) 
A lot certificate invests the owner the right to use such lot(s) for burial purposes only, for themselves, their heirs, or any such person(s) as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the cemetery rules and regulations. Lot owners may not resell or transfer their lots or parts of lots to anyone whomsoever. Transfer may be made only to the owner's spouse or children by the surrender of the original lot certificate and issuance of a new lot certificate by the Village to the new owners of lots or parts of lots so transferred. Lot owners desiring to dispose of lots or parts of lots, may upon surrender of the original lot certificates, sell the lots or part of the lots, back to the Village for a price not to exceed the original purchase price of the lot.
(6) 
Certain older lots, no longer usable due to their small size, would have no resale value and are best left open. Said lots could be used, with the permission of the owners or heirs thereof, to further cemetery beautification plans.
A. 
The funeral director, or person(s) making arrangements, for the interment shall, as soon as there is knowledge of a pending service, notify the Superintendent of Public Works. Said notification, including all information pertaining to the gravesite and additional information as required, shall be provided by the funeral director or person(s) assuming responsibility for the service. Based on the information given to them, the Superintendent of Public Works will locate the exact site and determine the earliest possible time a service can be held. When definite information for location of the gravesite is not available, the Superintendent of Public Works will exercise his/her best judgment in making the location. The cemetery assumes no responsibility for any error in such location.
B. 
No burial will be allowed until a burial permit is provided to the Superintendent of Public Works or the Village Clerk.
C. 
A charge for opening the grave will be made at a current rate set by the Village Board of Trustees. The payment of said charge becomes the responsibility of the individual(s) in charge of interment. Individuals, who make the arrangements, if not a funeral director, must make payment prior to the grave opening.
D. 
Graves shall be dug by the Village or Village-appointed person or contractor and shall conform to all applicable state laws. Only the Village shall open grave sites.
E. 
The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Board of Health.
F. 
The interment of more than one body in a single casket will not be allowed except in the case of a parent and infant or two children interred at the same time. The limitation of numbers of cremated remains allowed in one full body grave space are limited to a maximum of five cremated remains each or one cremated remains and one casket.
G. 
Interments requiring special consideration(s) of utilizing equipment not normally available to the Village could be provided upon request. Adequate time must be allowed for preparation. Fees and charges must reflect the cost of the extra equipment, time and materials. Such practices must be arranged by advance notification.
H. 
No interments of a body other than that of a human being will be permitted.
I. 
Should weather become a factor, or when several burials occur on the same date, the Superintendent of Public Works shall schedule interments, working in close cooperation with the funeral directors or person assuming responsibility. To avoid conflict, it will be necessary to honor service communications from the funeral directors or person assuming responsibility according to the time received.
J. 
Whenever possible, interments will be scheduled to enter the Hillside cemetery no later than 2:00 p.m., Monday through Friday. Interments not completed by 3:00 p.m., will have an extra charge determined by resolution of the Village Board of Trustees. Interment normally will not be scheduled on Sunday or an official Village holiday.
A. 
Removal of bodies from graves in Hillside cemetery will be done only by the Village or Village appointed person or contractor in accordance with the requirements or the statutes of the state and the rules of the Public Health Department.
B. 
Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit.
A. 
Monument dealers and the purchasers are encouraged to contact the Village prior to ordering a monument to check on monument restrictions.
B. 
The Village of Dundee does not engage in stone or monument installation or repair; however, all stone and monument work within the Hillside cemetery shall be subject to the following regulations and requirements:
(1) 
No monument may be installed in such a fashion that it extends beyond the boundaries of the designated lot or grave, or that will interfere with future grave openings or the movement of the cemetery maintenance equipment.
(2) 
The setting of monuments and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the Village. No unnecessary damage to the existing turf will be allowed, and all debris is to be removed from the cemetery except soil. Excess soil must either be removed from the cemetery or may be placed in the cemetery stockpile. It may not be used to fill in low areas or distributed on adjacent lots.
(3) 
Heavy trucking will not be permitted within the cemetery when, in the opinion of the Village, such work might cause damage to the grounds or driveways. Once begun, all monument and stone work is to be completed and any accumulated debris is to be removed from the site within a seven-day period. All work must be done during regular cemetery hours of operation, Monday through Friday, unless by special permission from the cemetery management.
(4) 
No work shall be done with the cemetery without providing proof of liability insurance coverage of at least $1,000,000 and worker's compensation insurance.
(5) 
All corner markers are set by the Village or Village-appointed person or contractor.
(6) 
Stone work or monuments of any sort, once established in the cemetery, may not be removed except by permission of the Village.
(7) 
Stone or monuments must be placed at the head of the grave and facing east (towards the Village).
C. 
Foundations may be done by the Village for a fee.
The construction of vaults and mausoleums must be approved by the Village.
A. 
Permanent plantings that are planted will be removed without notice.
B. 
No hedges, fences, or enclosures of any kind will be permitted on or around lots. Any objects that are obstructing the general maintenance of the cemetery shall be removed without notice. Existing enclosures will be removed when they have deteriorated to an unattractive or unsafe condition.
C. 
Artificial wreaths, artificial flowers, and decorations may be used, but all artificial flowers and decorations that remain from the previous year will be removed by April 1 or when considered to be unsightly by staff.
D. 
All objects that might create a mowing hazard will not be permitted during the mowing season except as designated and, when used, will be removed and disposed of by the cemetery staff without notice.
E. 
The Village reserves the right for its staff and other persons to enter upon or cross over any lot in the cemetery when deemed necessary to the performance for normal cemetery operation.
F. 
The Village reserves the right to move monuments for the purpose of machine digging graves. The Village assumes the responsibility for resetting the monument in a timely manner.
G. 
The Village or its employees assume no responsibility for actual damages or mental anguish in the performance of its normal operation, or loss by vandalism or other acts beyond its reasonable control.
H. 
The lot owner should feel free to consult with the Superintendent of Public Works regarding any item or clarification of the rules and regulations at any time.
A. 
Visiting hours for the cemetery are from dusk to dawn. Visitors are requested to use designated walks and drives and not to trespass unnecessarily on cemetery lots, pick any flowers, damage any shrub, tree or plant, or mar or deface any monument, stone or structure in the cemetery.
B. 
All persons entering the cemetery grounds shall conduct themselves in a respectful manner.
C. 
Children under 12 shall not be permitted in the cemetery grounds unless accompanied by an adult who is responsible for their conduct.
D. 
Vehicles traveling within the cemetery shall observe the hours of visitation as previously stated and shall proceed at a rate not to exceed five miles per hour. Drivers should be aware at all times of the Village's right to alter, change or close alleyways, roadways, and other physical properties of the cemetery.
E. 
No unauthorized vehicles shall be allowed with the cemetery grounds. This includes all off-road vehicles such as four-wheelers or snow mobiles.
F. 
Firearms will be allowed inside the cemetery only for use at military funerals, Memorial Day and any other military or police functions. Special permission must be obtained in advance from the Village.
G. 
It is unlawful to bring, cause, or permit a dog or any animal to enter the cemetery except seeing-eye dogs, unless confined inside a vehicle.
H. 
It is unlawful to use weed eaters, lawn mowers and pesticides within the cemetery.
I. 
Any person who shall be found to violate visitor rules shall be subject to penalties as applicable in Village of Dundee.
Veterans and other civic organizations may place a marker/flag holder and the American flag to honor their dead.
A. 
No glass containers, barrels, blocks or benches and no planting of trees, shrubs, or flowers will be allowed.
B. 
Persons may place a combination of three of the following memorial decorations on each gravesite:
(1) 
One eternal light, placed against the headstone
(2) 
Two single shepherd's hooks or one double shepherd's hook with two hanging plants. The shepherd's hook pole shall be placed against the headstone.
(3) 
One wreath or floral piece placed on the headstone.
(4) 
One urn or crock with plastic or real flowers placed against the headstone.
A fee schedule shall be established by resolution of the Village Board of this Village. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the cemetery plot, grave opening, cremation burial, stillborn burial, Saturday burials, disinterment, vault storage, deed recording fee, foundations, and funeral services not completed by 3:00 p.m.
A violation of any provision of this chapter shall be punishable by a fine not to exceed $250 and/or a maximum of 15 days imprisonment, except where penalties establish by statue apply.