Village of Tigerton, WI Chapter 240 Cemetery

[HISTORY: Adopted by the Village Board of the Village of Tigerton 4-5-1988 as Title 6, Ch. 4, of the 1988 Code. Amendments noted where applicable.]

§ 240-1 Policy statement.

A. Purpose. The Village of Tigerton Union Cemetery is owned and maintained by the Village for the benefit of all citizens. Definite rules and regulations must be set up by the Village Board to ensure proper maintenance and beauty and to prevent abuse and destruction. The following rules and regulations are set forth in the ordinances of this chapter to govern the cemetery. The Village reserves the right to amend or change any of these ordinances to conform with newly developed cemetery practices.

B. Description. The pieces or parcels of land more particularly described as follows shall be and the same are hereby set aside and declared to be the cemetery of the Village of Tigerton, and as such be called "Tigerton Union Cemetery":

(1) Commencing at the southwest corner of the SE 1/4 of the NW 1/4 of Section 9 in township 26 north of Range 12 East, thence running south along the east line of Lynn Street 235 feet, thence running east 371 feet to the west line of Greenwood Street, thence north along the west line of Greenwood Street 235 feet, to one quarter section line, thence east along one quarter line 309 feet one inch, thence north 368 feet 6 inches, thence west 134 feet 7 inches, to the south line of public highway, thence 577 feet to an iron pin in 1-16 section line, thence south along 1-16 section line 188 feet to the place of beginning, being a part of the SE 1/4 of the NW 1/4 and NE 1/4 of the Southwest 1/4 of the Section 9-26-12 East. A part of the Southeast Quarter of the Northwest Quarter (SE 1/4 - NW 1/4) of Section number Nine (9), Township number Twenty-six (26) North, of Range number Twelve (12) East, in Shawano County, Wisconsin, bounded and described as follows: Commencing at the northwest corner of Block number Five (5), Section number Three (3) of Union Cemetery, Tigerton, Wisconsin, thence N. 72 degrees 02' E. along the North line of the said Block number Five (5), 31.59 feet; thence N. 89 degrees 40' E. 11.40 feet; thence N. 16 degrees 27' E. 14.62 feet to the place of beginning; thence continue on the same line 548.68 feet; thence N. 81 degrees 32' W. 137.20 feet; thence S. 66 degrees 42' W. 82.05 feet; thence S. 35 degrees 20' W. 654.94 feet; thence S. 54 degrees 40' E. 141.65 feet; thence N. 72 degrees 02' E. 332.18 feet; thence N. 89 degrees 40' E. 3.23 feet to the place of beginning excepting that part used for town road purposes.

C. Management. The Tigerton Union Cemetery shall be subject to the control of the Village Board, and the Board may from time to time acquire lands for cemetery purposes as the same require, contiguous to said described premises, in the manner provided by law. The Board shall have full power and authority to exercise general supervision over said cemetery and shall regulate the manner of burial and shall designate who shall be buried in the public grounds or potter's field.

D. Sexton. The Board shall appoint a cemetery attendant, who for purposes of this chapter shall be known as the Sexton, and shall prescribe his duties and fix the salary to be received by him for the discharge of such duties. Such duties shall include:

(1) Maintain grass height over entire cemetery.

(2) Trim grass around grave stones.

(3) Rake and dispose of leaves, twigs, branches, pine needles, etc., when needed.

(4) Maintain all grass-cutting equipment and keep an orderly storage shed.

(5) Mark out new grave sites for grave digger.

(6) Add black dirt to new grave sites and compact.

(7) Plant grass on new grave sites.

(8) Maintain grave stones.

(a) Any stones that may be warrantied by a memorial company should be referred to it for repair.

(b) If memorial company cannot be located or is not responsible, Sexton should correct the stones as best as possible.

(c) Any stones tipped to one side are the responsibility of the Sexton.

(d) If the stone is too large to correct by the Sexton alone, Sexton should contact Work Coordinator.

(9) Trim and cut trees or bushes that are dead, dying or wind-damaged. If owner of grave site submits a written request for removal of tree, shrubs, etc., a special assessment will be levied before work is completed.

(10) Do any other job duties that the Village Board or Work Coordinator assigns and see that all other cemetery ordinances are observed.

§ 240-2 Platting of new cemetery lots.

A. Platting. Before any new block of a municipal cemetery is opened for the sale of lots, the Village Board shall cause it to be platted and recorded in the office of the Register of Deeds.

B. Single grave section. The Village Board or its designee shall designate certain lots as a single grave section, and lots therein shall be platted and sold as single grave lots. Unused portions of lots repossessed for nonpayment of assessments for care may likewise be designated and sold as single graves or otherwise.

§ 240-3 Purchase of lots.

A. Price of lots. The Village Board shall by resolution fix a price on all lots to be sold in the municipal cemetery, a copy of which is on file with the Village Clerk-Treasurer.

B. Sale of lots. Persons or their agents desiring to purchase a lot in the cemetery shall be referred to the Cemetery Sexton or to his duly authorized agent. The Sexton 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. Upon having made a lot selection, the Sexton will issue a lot order to the prospective purchaser or his agent, who will present the order at the office of the Village Clerk-Treasurer. Upon receipt of proper payment, the Village Clerk-Treasurer shall issue a deed to the lot in the form prescribed by the Village Attorney. The deed shall be signed by the Village Clerk-Treasurer and Village President and sealed with the corporate seal and acknowledged so as to entitle it to be recorded. The purchaser may record this deed with the Shawano County Register of Deeds.

§ 240-4 Ownership rights of interment.

A. Lots.

(1) The lot owner or his authorized agent shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of the cemetery rules and regulations.

(2) Upon full payment of the purchase price of a lot, the Village Clerk-Treasurer will issue a cemetery deed, under seal, and the deed will be recorded in the records of the Village as evidence of ownership of the lot. Lots, or fractions of lots, for which lot deeds have been issued by the Village 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.

(3) All repossessed vacant grave spaces shall be subject to the same fees and charges.

(4) The lot owner shall have acquired the lot for interment of himself and members of his family. However, the lot owner may grant written permission (which must be notarized and placed on file with the Village Clerk-Treasurer for the burial of other persons. No corpse shall be interred in a lot except the corpse of one having an interest therein, 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 lot.

B. Unless otherwise directed in writing and filed with the Village Clerk-Treasurer, the lot owner, his devisees or his heirs, the cemetery will permit the interment of members of his family at the request of any interested person upon proof of eligibility for burial 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 owners may, by agreement in writing, determine who among them shall have the right of interment or direction for interment, which agreement shall be filed with the Village Clerk-Treasurer.

(3) In the event the owner, his devisees or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner, shall have the right to interment in order of their need.

C. All burial rights in cemetery lots purchased from the Village occupy the same position as real estate at the death of the owner. Only such persons whose names appear on the cemetery records of the Village will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by a will, and when ownership is to be determined, a certified copy of the will must be delivered to the Village Clerk-Treasurer before the Village will recognize the change of ownership. If the deceased lot owner left no will, satisfactory proof of descent must be provided. It is recommended that lot owners, in making their wills, include a provision covering the cemetery lots and devise same to one person.

D. Lot owners may not resell or transfer their lots or parts of lots except as outlined below:

(1) The 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 Clerk-Treasurer until a fee as set by the Village Board has been paid therefor. Said fee shall go into the general municipal fund.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Reconveyance of lots or parts of lots may be made only by written application therefor upon blanks furnished by the Village Clerk-Treasurer, the same to be approved by the Village Board. Such application shall be executed by the owner(s) of the lots or, if the owner(s) is deceased, by the legal heirs. The application shall state the lot and block 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 consent. The Village shall have a right of first refusal to repurchase such lot or part thereof at the current grave price. If the owner of any lot or part of a lot 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.

E. Whenever possible, repossessed lots will be used for burials before new areas of the cemetery are used or platted.

§ 240-5 Care of lots.

A. In order to assure reliable means for permanent care, a perpetual care fund is created. Income from this fund will provide partial maintenance costs of the cemetery. All lots sold in municipal cemeteries shall be provided with perpetual care services, the expense to be included in the price of the lot. A record shall be kept on file in the office of the Clerk-Treasurer of the Village. The fund may also be increased by gifts, bequests, a portion of memorial charges, and other service revenues.

B. "Perpetual care" shall be construed to mean the obligation which the Village assumes to use the net annual income received from the investments of the fund in furnishing such care as is furnished similarly endowed lots in the cemetery. Such perpetual care shall be limited to the maintenance of lawn, leaf disposal, filling sunken graves and raising of markers, caring for avenues, alleys, fences, buildings and grounds in general. It is understood that such expenditures shall be made at the discretion of the Village. The Village shall not be bound to make a separate investment of money set aside for perpetual care from a particular lot sale, but the same shall be added to the perpetual care fund of the Village and the proceeds therefrom used by the Village in the manner as heretofore provided. Nothing herein shall be construed as obligating the Village as to any alleged existing contract as to perpetual care.

§ 240-6 Privileges and restrictions.

A. No mound shall be raised upon any grave above the general level of the lot.

B. No hedges, fences or enclosures of any kind will be permitted on or around lots. Wooden boxes, memorial tablets, wire containers, glass, bottles, cans and other such objects may not be placed on lots and, if so placed, will be removed by the Village without notice. Items that are permitted include artificial flowers if in a vase, shepherd's hooks, solar lights, toys, knickknacks and such other items as may be approved by the Sexton. After one year of the burial, a maximum of two items and one Veteran flag may be allowed as long as they are in line with the monument. Urns are permitted only when in line with the monument. Existing urns shall be removed by the Village as they become unsightly or deteriorated and shall not be replaced. However, before such an urn is destroyed or discarded, the last owner of record of the lot shall be notified by registered or certified mail with return receipt requested that such urn has been removed from the grave and will be destroyed unless the owner thereof claims same within 30 days after mailing of such letter.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. All landscaping, care of lots, and other work in the cemetery will be done by the Village, but it is desired that each lot owner feel free to consult with those in charge of the cemetery at all times. Their advice will be cheerfully given without charge and may be of much value to those contemplating the purchase of or improvements to cemetery lots. The Village shall retain the ownership of all aisles, including monument aisles.

D. The Village reserves the right for its workmen 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.

E. The Village or its employees assume no liability for damages to property or of person or for physical or mental suffering arising out of the performance of normal operations or for loss by vandalism or other acts beyond the Village's reasonable control.

F. The Village reserves the right to alter, change or close alleys, roadways, water mains, and other physical public properties of the cemetery.

§ 240-7 Rules for visitors.

A. The cemetery will be open to visitors at all times between the hours of 8:00 a.m. and 1/2 hour after the official sunset. Permission to enter the cemetery at any other time must be obtained from the Sexton or the Village Board.

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 alcoholic beverages are not permitted within any municipal cemetery.

D. Dogs will only be allowed in the cemetery when confined in a vehicle. Every dog specially trained to lead blind persons shall be exempt from this section.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. 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.

F. 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.

G. Vehicles traveling within the cemetery shall not exceed 15 miles per hour. No vehicle shall be driven except on roads designated for that purpose, nor shall such be driven in a reckless manner.

H. No riding of bicycles, motor bikes, motorcycles or other such vehicles will be allowed in the cemetery unless such vehicles are present in conjunction with cemetery business.

§ 240-8 Interments.

A. Interments will be made only during daylight hours.

B. All interments shall be made in a permanent outer container excluding the use of wood.

C. All graves shall be dug by the Village. The costs shall be as from time to time set by the Village Board.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). This ordinance also deleted original subsection (d), no grave digging to be done by Village employees or Village time, which immediately followed this subsection.

D. Graves shall be dug to a standard dimension: four feet three inches deep, eight feet in length, 40 inches in width, minimum.

E. Backfill grave with available material; if suitable, the material that was dug out of the grave site. No large rocks or tree roots shall be used as backfill material. Graves shall be backfilled to within six inches of ground level. Backfilling should be done the same day as burial.

F. There will be no responsibility on the part of the Village for the protection and maintenance of flowers, wreaths, emblems, etc., used in conjunction with funerals.

G. The interment of two bodies in one grave will not be allowed, except in case of a mother and infant, twin children, or two children buried at the same time, or in special circumstances with the approval of the Sexton or his agent. Only two markers will be allowed on grave space, of which one shall be flush with the ground and of a size which meets the approval of the Sexton.

H. The interment of two cremated remains may be allowed in one adult grave. The minimum container requirement for cremated remains shall be as supplied by a crematorium.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 240-9 Monuments and markers.

A. Grave markers and foundations will be set only by the monument company according to regulations specified by the Village. 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 insurance 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. The setting of monuments, stones and markers and the transportation of all tools, materials, etc., within the cemetery ground shall be subject to the supervision and control of the Sexton. Unless special arrangements are made with the Sexton, such work shall be conducted between the hours of 8:00 a.m. and 4:00 p.m. Mondays through Fridays except on national holidays. Heavy trucking will not be permitted within the cemetery when, in the opinion of the Sexton, such work might cause damage to the driveways. Except when special permission is obtained, all work as outlined above shall be completed and debris removed immediately.

C. The Village reserves the right to refuse permission to erect any monument work not in keeping with the good appearance of the grounds. The size of the monument and/or stone work must be given to the Sexton or his agent 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 Cemetery Sexton or his assistant.

D. Stone work or monumental work, once placed on its foundation, shall not be removed, except by permission of the Cemetery Sexton.

E. The lot must be paid in full or other assurance given of payment before markers and monuments are set.

F. Temporary markers must be removed or replaced with a permanent marker within one year.

§ 240-10 Vaults and mausoleums.

Construction of vaults and mausoleums is prohibited unless permission is first secured from the Village Board.

§ 240-11 Trees, shrubs and flowers.

A. The planting of trees and shrubs on newly purchased lots or parts of lots will not be permitted except by approval of the Sexton.

B. Fresh-cut flowers may be used anytime. Containers for cut flowers are to be a type level with the ground surface and not holding water when not in use; or of the type to be disposed of when flowers are removed.

C. Potted plants may be set on lots, without disturbing the sod, on special occasions, such as Memorial Day, birthday, anniversary, etc., but if not removed within five days, will be picked up and destroyed if unsightly or preserved for use in beds within the cemetery if suitable.

D. Artificial decorations are prohibited unless in a vase or pot and, when used, will be treated as potted plants.

E. Individual flower beds of growing plants are permitted but must be of a reasonable size. In case of doubt, the Sexton should be consulted. If these beds are not maintained and when they become unsightly or undesirable, they will be removed by the Village.

F. Plants or flowers may not be taken up or removed from the cemetery or cuttings removed from plants without permission from the Sexton or under his direction.

G. Vines that interfere with the proper care of lots or graves and injure the grass will be removed when found objectionable.

§ 240-12 Miscellaneous.

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. All fees and charges as outlined in the current schedule of fees and charges are payable at the office of the Village Clerk-Treasurer, where receipts will be issued for the amounts paid.

C. A schedule of the fees and charges, as established by the Village Board, shall be on file in the office of the Village Clerk-Treasurer. Such schedule may change from time to time without advance notice to conform with current economic conditions.

D. The Village will take reasonable precautions to protect all private property, lots and/or grave owners' property in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its control and especially from the acts of thieves, vandals and rioters and from all acts of providence, including wind, tornadoes, hail, snow, rain and frost, whether the damage be indirect or proximate.