[HISTORY: Adopted by the Village Board of the Village of
Belleville as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 6, Ch. 6, of the 1994 Code]
The Belleville Cemetery ("cemetery") is owned and maintained
by the Village of Belleville for the benefit of all its citizens.
This article is established to ensure the proper maintenance and to
prevent the abuse and destruction of the cemetery.
A.
Management. The cemetery is under the control and management of the
Village Board of the Village of Belleville.
B.
Area. The cemetery is located within the Village of Belleville, Dane
and Green Counties, Wisconsin, as more particularly described in real
estate documents located in the office of the Village Clerk/Treasurer.
C.
Conveyance. On April 24, 1997, the Belleville Cemetery Association,
which was organized to care for and maintain the cemetery, voted to
convey the cemetery property and all of the trust funds pertaining
thereto to the Village of Belleville. The Wisconsin Department of
Regulation and Licensing issued a notice of approval dated October
31, 1997, approving the conveyance. By resolution dated December 1,
1997, the Village Board accepted the conveyance of the cemetery property
and trust funds.
D.
Regulation. The cemetery shall be cared for and maintained by the
Village of Belleville and placed under the control and management
of the Village Board under the following terms and conditions, which
terms and conditions may be modified or changed by the acts of the
Village Board as conditions warrant:
Before any new block of the cemetery is opened for the sale
of lots, the Village Board shall cause it to be platted and recorded
in the office of the Dane County Register of Deeds.
A.
Definition of cemetery lot. Pursuant to § 157.061(2m),
Wis. Stats., "cemetery lot" means a grave or two or more contiguous
graves and, when used in reference to the sale, purchase or ownership
of a cemetery lot, includes the right to bury human remains in that
cemetery lot.
B.
Price of lots. The Village Board shall, from time to time, fix a
price on all lots to be sold or transferred in the Belleville Cemetery.
C.
Sale of lots. Persons or their agents desiring to purchase a lot
in the cemetery are referred to the Village of Belleville Public Works
Department ("Public Works Department"). The Public Works Department
will have available suitable plats showing size and price of lots,
and such other information as may be required, and will render assistance
to those desiring to make lot purchases.
D.
Site preparation fee. Fees shall be established annually by the Village
Board. The fee will be charged at time of internment. Fees will cover
such costs as marking the graves at time of burial, marking placement
of monument and assisting with grave digging activities.
A.
The lot owner of 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 state law and the terms of this article.
(1)
Upon full payment of the purchase price of a lot, the Village Clerk/Treasurer
shall issue a cemetery deed. The cemetery deed shall be signed by
the Village Clerk/Treasurer and Village President, sealed with the
Village Seal and acknowledged so as to entitle it to be recorded with
the Dane County Register of Deeds.
(2)
While any person is buried in a cemetery lot, the cemetery lot shall
be inalienable, without the consent of the Village, and on the death
of the owner, ownership of the cemetery lot shall descend to the owner's
heirs, but any one or more of such heirs may convey to any other heir
his or her interest in the cemetery lot. No human remains may be buried
in a cemetery lot except the human remains of one having an interest
in the cemetery lot, or a relative, or the husband or wife of such
person, or his or her relative, except by the consent of all persons
having an interest in the cemetery lot and the Village.
B.
Lot owners may not resell or transfer their lots or parts of lots
except as outlined below:
(1)
The Village Clerk/Treasurer shall enter in the record kept for that
purpose all deeds of transfer and reconveyance of cemetery lots. No
such reconveyance shall be received and recorded by the Village Clerk/Treasurer
until a fee set by the Village Board has been paid therefor. Said
fee shall go into the general municipal fund.
(2)
Reconveyance of lots or parts of lots may be made only by written
application to the Village Clerk/Treasurer. Such 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 section, block
and grave number.
(3)
No owner of a cemetery lot shall sell, transfer or assign the same
or the unused portion thereof to any other person without the Village's
written consent. If the owner of any lot or part thereof should sell
or transfer the same without giving notice to the Village, except
through probate, of such transaction, such sale or transfer shall
be null and void.
A.
In order to ensure reliable means for permanent care, a care fund
is created. Income from this fund will provide partial maintenance
costs of the cemetery. All lots sold in the cemetery shall be provided
with care services, the cost of which will be included in the price
of the lot.
B.
Such permanent care funds shall be used for, but not be limited to,
the maintenance of lawn, leaf disposal, filling sunken graves, and
caring for avenues, alleys, fences, and grounds in general. It is
understood that such expenditures shall be made at the discretion
of the Village.
A.
The Public Works Department shall maintain a privileges and restrictions
list. The list shall be provided to all lot owners at the time of
sale and to the owner's heirs at time of interment.
B.
All landscaping, care of lots and other work in the cemetery will
be done by the Village, its employees, agents or contractors.
C.
The Village reserves the right for its employees, agents, and those
persons necessary to the performance of normal cemetery operation
to enter upon or cross over any lot in the cemetery in the performance
of such duties.
D.
The Village, its agents or its employees, assumes no liability for
damages to property or to person, or for physical or mental suffering
arising out of the performance of its operations, or for loss by vandalism,
or for other acts beyond its control.
E.
The Village reserves the right to alter, change or close alleys,
roadways, water mains and other physical public properties of the
cemetery.
A.
The cemetery will be open to visitors at all times from dawn to dusk.
Permission to enter the cemetery at any other time must be obtained
from the Public Works Department.
B.
Children under 16 years of age will be admitted only when accompanied
by parents or guardians.
C.
Persons or picnic parties with refreshments or alcohol beverages
are not permitted within any municipal cemetery.
D.
Firearms will not be allowed in the cemetery except in conjunction
with military funerals. At all other times, firearms, bows and arrows,
slingshots and other like articles will not be allowed.
E.
Visitors are required to use the walks and drives whenever possible
and shall not pick any flowers (either wild or cultivated); injure
any shrub, tree or plant; or mar or deface any monument, stone or
structure in the cemetery.
F.
No riding of bicycles, motor bikes, motorcycles, snowmobiles or other
such vehicles will be allowed in the cemetery unless such vehicles
are present in conjunction with cemetery business.
G.
No vehicle shall be driven in a municipal cemetery except on roads
designated for that purpose, nor shall such vehicle be driven in a
reckless manner.
A.
Interments will be made only during daylight hours unless with prior
approval of the Public Works Department.
B.
All interments shall be made in a permanent outer burial container
as defined in § 157.061(11g), Wis. Stats., excluding the
use of wood.
C.
All graves shall be dug at no cost to the Village but with the permission
of the Public Works Department.
D.
No burial will be permitted until a report for final disposition
of a human corpse has been presented to the Village Clerk/Treasurer
and an authorization to open grave form has been completed.
E.
There will be no responsibility on the part of the Village for the
protection and maintenance of items used in conjunction with funerals,
including but not limited to flowers, wreaths, and emblems.
F.
The interment of two or more bodies, none of which are cremated remains,
in one grave will not be allowed, except in special circumstances
with the approval of the Village Board.
G.
The interment of four cremated remains may be allowed in one lot.
The minimum container requirement for cremated remains shall be as
supplied by a crematorium.
A.
Regardless of the number of interments per grave, only one marker
will be allowed on a lot. Grave markers and foundations will be set
only by the monument company according to regulations specified by
the Public Works Department. Except as herein otherwise provided,
under no conditions will the Village construct monument or marker
bases or erect monument or markers on bases. The Village reserves
the right to require the construction of a foundation of such size,
material and design as will provide ample protection against settlement
or injury to the stone work. The top of the concrete foundation will
be constructed flush with the ground line. Whenever possible, all
markers will be set with a five-inch margin.
B.
Unless special arrangements are made with the Public Works Department,
the setting of monuments, stones and markers and the transportation
of all tools and materials within the cemetery grounds shall be conducted
between the hours of 7:00 a.m. and 3:00 p.m., Mondays through Fridays,
except on national holidays. Heavy trucking will not be permitted
within the cemetery when, in the opinion of the Public Works Department,
such work might cause damage to the driveways. Except when special
permission from the Public Works Department is obtained, all work
as described in this section shall be completed and debris removed
immediately.
C.
The Village reserves the right to refuse permission to erect any
monument not in keeping with the good appearance of the grounds. The
size of the monument and/or stone work must be given to the Public
Works Department and approved before said work will be permitted on
a lot. All monuments must be set in line with other monuments so far
as possible as directed by the Public Works Department.
D.
Stone work or monument work, once placed on its foundation, shall
not be removed, except by permission of the Village Board.
E.
Temporary markers must be removed or replaced with a permanent marker
within nine months.
A.
The planting of trees and shrubs or any other plant or flower on
any lot will not be permitted.
B.
The removal of any trees, shrubs and/or stumps will be done by the
Village under the direction of the Public Works Department.
C.
Fresh cut, potted or artificial plants and flowers are permitted
on the lot; however, all plantings must be either attached directly
to the monument or staked in the ground (using plant stands or shepherd
hooks) directly adjacent to the cement wash at the base of the monument
at the ends of the monument. No plants, flowers, etc., except during
the months of December and January, may be placed at the front or
back of the monument that will impede lawn maintenance. If these plants
and flowers are not maintained and they become unsightly or undesirable,
they will be removed by the Village.
A.
It is urged that lot owners interest themselves in the present and
future care of their lots, as a single neglected lot mars the beauty
of the entire cemetery.
B.
A schedule of the fees and charges, as established by the Village
Board, shall be on file in the office of the Public Works Department.
Such schedule may change from time to time without advance notice
to conform to current economic conditions.
C.
The Village will take reasonable precautions to protect all private
property, lots and/or grave owners' property in the cemetery
from loss and damage, but it expressly disclaims all responsibility
for loss or damage to such property. By purchasing a cemetery lot,
the purchaser expressly agrees to release and hold the Village harmless
for any damage to such property.
D.
The Belleville Cemetery trust funds shall be managed in accordance
with state law.
[Adopted as Sec. 11-3-5 of the 1994 Code]
In order to protect cemetery areas within the Village from injury,
damage or desecration, these regulations are enacted. The term "cemetery"
as hereinafter used in this article shall include all cemetery property,
grounds, equipment and structures, both privately and publicly owned,
which are located within the Village of Belleville.
The cemetery property owner shall have the authority to establish
reasonable rules and regulations to regulate and govern the operation
of any cemetery in accordance with state law and this Code. The cemetery
property owner shall reserve the right to prohibit and regulate the
planting or placement of any flowers, plants, vines, shrubs, trees,
flower pots, urns or other objects on cemetery property. Placements
of any such plantings, containers or objects shall be in accordance
with established regulations of the cemetery property owner.
A.
Disturbing cemetery property. No person shall cut, remove, damage
or carry away any flowers, plants, vines, shrubs or trees from any
cemetery lot or property, except the owner of the cemetery lot or
a person with the cemetery lot owner's consent or any cemetery
employee or representative engaged in official cemetery duties for
the cemetery owner; nor shall any person without proper authority
remove, deface, mark or damage in any manner any cemetery markers,
headstones, monuments, fences or structures; nor shall any person
without proper authority remove, damage or destroy any vases, flowerpots,
urns or other objects which have been placed on any cemetery lot;
nor shall any person move or remove any cemetery equipment without
the owner's consent.
B.
Protection of cemetery property. No person shall trap in any cemetery
without specific written authorization of the owner; nor shall any
person kill, injure or disturb or attempt to injure or disturb any
animals, birds or waterfowl, wild or domestic, within any cemetery
in any manner except as provided by this Code; nor shall any person
climb any tree or break, cut down, trample upon, remove or in any
manner injure, deface, write upon or in any manner damage any tree,
shrub, flower, flowerbed, turf, grassy area, soil, building, structure,
equipment, official notice, sign or other property within any cemetery.
No picnics, parties, or similar gatherings are permitted.
C.
Motor vehicles. Motor vehicles are restricted to the roads and drives
and parking areas. Except for authorized maintenance vehicles, no
person shall operate an unlicensed or licensed motorized vehicle on
any cemetery property outside of areas specifically designated as
parking areas or areas where the operation of such vehicles is specifically
permitted. It shall be unlawful for a person to engage in any off-roadway
operation of a motorized vehicle on cemetery property without the
owner's consent.
D.
Speed limit. No person shall operate any motorized vehicle in any
cemetery in excess of 15 miles per hour unless otherwise posted.
E.
Parking. No person, without the owner's consent, shall park
any motor vehicle in any cemetery on any grassy or seeded area or
upon any location except a designated parking area, nor shall any
person park a motor vehicle on cemetery property for any purpose except
engaging in official cemetery business. Any unlawfully parked motor
vehicle may be towed or removed by the cemetery property owner at
the vehicle owner's expense.
F.
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any cemetery without the
owner's consent.
H.
Sound devices. No person shall operate or play any amplifying system
or sound device in any cemetery without the owner's consent.
I.
Authorized notices. No person shall post, paste, fasten, paint or
attach any placard, bill, notice, sign or advertising matter upon
any structure, tree or other natural object in any cemetery, except
cemetery regulations and other signs authorized by the owner. No person
shall remove, deface or damage in any manner any official sign or
notice posted in any cemetery.
J.
Loitering prohibited. No person shall loiter or cause a nuisance
or engage in any sport or exercise on any cemetery property without
the owner's consent.
K.
Alcohol beverages prohibited. No person shall consume or have in
his or her possession any open container containing an alcohol beverage
upon any cemetery property within the Village unless the property
is specifically named as being part of a licensed premises.
L.
Play vehicles prohibited. No person shall operate or make use of
a play vehicle upon any cemetery property without the owner's
consent. As used in this subsection, "play vehicle" shall mean any
coaster, skateboard, roller skates, sled, toboggan, unicycle or toy
vehicle upon which a person may ride.
M.
Presence after hours prohibited. No person shall be present upon
any cemetery property without the owner's consent during posted
hours when the cemetery is not open to the public.
