[HISTORY: Adopted by the Town Board of the Town of Naples 6-14-2011 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 11,
but was renumbered to maintain the organization of the Code.
In order to establish a complete set of rules and regulations
to govern the Town cemeteries by the Town Board of the Town of Naples,
it is determined that this chapter be adopted for the proper care,
management and use of the Town cemeteries.
At the annual organization meeting of the Town Board, the Town
Board is authorized to appoint a Cemetery Committee from the Town
Board of at least two members, one of whom shall be designated by
the Town Board as the Chairperson. The Cemetery Committee shall be
responsible to the Town Board for the proper care, management and
use of cemetery grounds.
A.
The care, management and use of the lots in the cemetery shall be
under the supervision of the Cemetery Committee.
B.
The planting of grass and mowing of the same shall be performed periodically
to give a neat appearance at all times. Debris and leaves shall be
removed as required.
C.
The Town Board is authorized to remove any objectionable items or
structures that may have been placed on lots contrary to regulations
or which may have deteriorated. The Town may remove any dangerous
or objectionable tree, shrub or vine.
D.
The Cemetery Committee is authorized to request the responsible person
to remove any objectionable item or debris from the lots that has
been placed or left there by such person.
A.
The purchaser of a lot shall be the owner of that lot. The owner's
name shall be so recorded in the Town records and a deed issued for
same.
B.
In the event of the death of the owner, the ownership of the lot
descends to the heirs or distributees of decedent.
C.
In the event that the owner disposes of the lot by will, a copy of
the will and proof of probate thereof must be filed with the Town
Clerk, and the new owner's name shall be so recorded.
D.
Before an interment on a lot, the owner may sell or dispose of the
lot by deed thereof. A copy of such deed shall be filed with the Town
Clerk. The deed must be dated, signed by the transferor and the signature
acknowledged in the form to enable a deed to be recorded with a county
clerk in the State of New York.
E.
After interment, a lot may not be sold or transferred unless the
bodies buried on the lot have been lawfully removed therefrom and
then only with the approval of the Town Board. All costs for removal
of any body shall be paid for by the person seeking such removal.
F.
Any portion of a multiple grave lot upon which no interment has been
made may be sold by the owner, as previously provided herein.
G.
Lots may be purchased at any time prior to burial. The full purchase
price shall be paid in advance of burial.
H.
The purchase of a cemetery lot or plot, or part thereof, for the
sole purpose of resale, is prohibited.
A.
Upright monuments are not allowed on a single grave or on a single
grave lot containing ash burials of one or more person. A one-grave
lot or a single-grave lot containing ash burials of one or more persons
may be marked by a flat stone marker, laid level with the sod, not
exceeding a length of 24 inches and a width of 12 inches.
B.
The location of the monument shall be at a spot designated by the
Cemetery Committee. It shall be the responsibility of the monument
purchaser to verify the placement thereof before ordering and cutting
the monument.
C.
The foundation of all monuments shall be of solid masonry and at
least 30 inches in depth. The erection of monuments shall be under
the direction of the Cemetery Committee. The Town reserves the right,
at its option, to build the foundation of any monument and to charge
a reasonable compensation therefor.
D.
The responsibility for the care and maintenance of monuments is that
of the lot owner or the heirs or distributees thereof.
E.
The erection of improper monuments or effigies on any burial lot
is prohibited.
F.
Advertising in any form is prohibited.
G.
The decision as to monuments being improper shall be determined by
the Cemetery Committee, which shall have any monument removed if determined
to be improper.
H.
No fences or enclosures of any kind shall be allowed around or upon
any lot or any part of it.
I.
Mounds over new graves shall remain until the earth has settled and
must then be removed.
A.
The planting of floral adornment shall be subject to approval of
the Cemetery Committee prior to such planting.
B.
No tree, bush or shrub shall be placed upon any portion of the cemetery
grounds, except by permission of the Cemetery Committee.
C.
Artificial flowers that are improperly placed or unattached shall
be removed and disposed of at the direction of the Cemetery Committee.
D.
Glass containers of flowers and/or adornments are not permitted.
A.
When interment is arranged by a funeral director, a complete burial
plan must be presented to the Cemetery Committee. Whenever an interment
is to be made, the Cemetery Committee shall be notified through the
Town Clerk at least eight working hours before burial.
B.
The rates for grave openings are as approved by the Town Board, which
rates shall be posted at the Town Clerk's office.
C.
Interments are to be made on the lot only with express written permission
of the lot owner of record, the heirs or distributees or by filed
deed prior to grave openings.
D.
Any owner or joint owner of a lot has a right to give permission
for the interment of remains of others on such lot, other than the
immediate members of the family, but such permission shall be made
in writing, with the date, signature and printed or typed name of
the person granting permission.
E.
The location of a grave on a lot shall be designated by the lot owner,
heirs or distributees in time to avoid a delay of interment. Instructions
shall be specific.
F.
All noncremated bodies interred in a cemetery must be enclosed in
a container made of concrete or steel outer enclosure, and interred
at a depth not less than four feet from the ground level to the top
surface of the container.
G.
The cemetery grounds shall not be used for interment prior to 8:00
a.m. nor after sunset in any day.
H.
The Cemetery Committee, under the instructions of the Town Board,
has the authority to prevent the burial in any lot or part of lot
of any person not entitled to be buried therein.
I.
The committal of ashes after cremation is permitted on lots, subject
to the fees set by the Town Board.
J.
Interment of cremain ashes is permitted in occupied graves. The cremains
container shall be buried not less than 24 inches from the ground
level to the top surface of the container. A diagram shall be filed
with the Town Clerk indicating location of the cremains container
on the lot.
Any person violating any of the provisions of this chapter shall
be guilty of a violation punishable by a fine not to exceed $250 and/or
by incarceration for not more than 15 days, or both. Such fine and/or
incarceration for each day of continued violation shall constitute
a separate offense.