Town of Naples, NY Chapter 65 Cemeteries

[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.

§ 65-1 Purpose.

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.

§ 65-2 Cemetery Committee.

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.

§ 65-3 Care and protection of lots.

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.

§ 65-4 Conduct in cemetery.

A. All persons entering the cemetery grounds shall conduct themselves in a respectful manner.

B. The Town Board is authorized to have any persons removed or ordered from the cemetery who are not conducting themselves properly.

§ 65-5 Regulation of lots.

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.

§ 65-6 Monuments.

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.

§ 65-7 Trees and shrubs.

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.

§ 65-8 Interments.

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.

§ 65-9 Penalties for offenses.

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.