[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Editor's Note: This chapter also repealed former Ch.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.
