[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 8, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
A.
State statutes adopted. Chapter 157 of the Wisconsin Statutes is
adopted by reference and made a part of this section insofar as such
chapter is applicable.
B.
Cemetery conveyed to City. The Waushara Cemetery Association having
voted to convey cemetery property and all trust funds pertaining thereto
to the City on April 4, 1952, and the Common Council having accepted
such offer by resolution in accordance with § 157.064(5),
Wis. Stats., such acceptance is hereby confirmed.
C.
Liabilities not assumed. The liabilities of the Waushara Cemetery
Association shall not be assumed by the City except by special consent
of the Common Council.
D.
Cemetery name. The name of the cemetery shall be Riverside Memorial
Park.
E.
Purpose. The Riverside Memorial Park Cemetery is owned and maintained
by the City for the benefit of all citizens. The following rules and
regulations are set forth in this chapter to govern the cemetery.
The City reserves the right to amend or change this chapter to conform
to newly developed cemetery practices.[1]
A.
Interments. All graves shall be opened and closed under the direct
supervision and approval of the Cemetery, Transfer Station and Recycling
Committee, which may collect charges for excavation and closing. All
charges shall be paid in full prior to interment. The Cemetery, Transfer
Station and Recycling Committee shall determine such charges.[1]
B.
Regulations. The Cemetery, Transfer Station and Recycling Committee
may make such regulations for management and care of the cemetery
that it deems proper and necessary.
A.
Sale of lots. The transfer of all lots in the Riverside Memorial
Park shall be by action of the Cemetery, Transfer Station and Recycling
Committee. The Mayor and the City Clerk shall execute all conveyances.
No grave or lot shall be conveyed unless perpetual care has been paid
for in full, such payment to be made prior to interment. No lot or
grave shall be resold by a private owner without first offering the
same to the City at cost.[1]
B.
Perpetual care.
(2)
Distribution of fees. Forty percent of the fees collected under Subsection B(1) shall be placed in the perpetual care fund, and 60% of such fees shall be placed in the operating fund of Riverside Memorial Park.
(3)
Amendments to fee provisions. The fees for perpetual care may be
changed by the Cemetery, Transfer Station and Recycling Committee
subject to approval by the Common Council.
A.
The lot owner or his/her 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.
(1)
Upon full payment of the purchase price of a lot, the City Clerk
will issue a cemetery deed, and the deed will be recorded in the records
of the City as evidence of ownership of the lot. Lots, or fractions
of lots, for which lot deeds have been issued by the City will not
thereafter be divided except by consent of the City. All lots are
exempt from taxation and cannot be seized for debt (except those owed
to the cemetery) nor can they be mortgaged.
(2)
All repossessed vacant grave spaces shall be subject to the same
fees and charges.
(3)
The lot owner shall have acquired the lot for interment of himself/herself
and members of his/her family. However, the lot owner may grant written
permission (which must be notarized and placed on file with the City
Clerk) 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 City Clerk,
the lot owner, his/her devisees, or his/her heirs, the cemetery will
permit the interment of members of his/her 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
owner, 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 City Clerk.
(3)
In the event the owner, his/her 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 City 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 City 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 City Clerk before the City 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 the 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 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 until a conveyance fee
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 therefor upon blanks furnished by the City Clerk, the
same to be approved by the Cemetery, Transfer Station and Recycling
Committee. 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 Cemetery,
Transfer Station and Recycling Committee's consent. The Cemetery,
Transfer Station and Recycling Committee shall have the 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 Cemetery, Transfer Station and
Recycling Committee, 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.
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, wire containers, glass jars, bottles,
toys, cans and other such objects may not be placed on lots and, if
so placed, will be removed by the Cemetery, Transfer Station and Recycling
Committee without notice. Urns are not permitted on lots sold after
the passage of this chapter. Existing urns shall be removed by the
Cemetery, Transfer Station and Recycling Committee as they become
unsightly or deteriorated and shall not be replaced. However, before
any such 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 the same within
30 days after mailing of such letter.
C.
All artificial flowers displayed in the cemetery must be in containers
and placed at the head of the grave lot. Any artificial flowers not
in containers will be removed from the cemetery by the caretaker.[2]
D.
Wreaths on wire stands must also be placed at the head of the lot.
E.
Fresh cut flowers may be used any time and will remain until, in
the judgment of the caretaker, they become wilted or unsightly. 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 the flowers are removed.
F.
Potted plants may be set on lots, without disturbing the sod, on
special occasions, such as Memorial Day, birthday, anniversary, etc.,
but will be picked up and destroyed if unsightly or preserved for
use in the cemetery beds if suitable.
G.
All landscaping, care of lots and other work in the cemetery will
be done by the City, 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 City shall retain the ownership of all aisles, including
monument aisles.
H.
The City reserves the right for its personnel 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.
I.
The City, or its employees, assumes no liability for damages to property
or of persons, or for physical or mental suffering arising out of
the performance of its normal operations, or for loss by vandalism
or other acts beyond its reasonable control.
J.
The City 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 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 caretaker
or the Cemetery, Transfer Station and Recycling Committee.
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.
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 drive 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.
A.
Interments.
(1)
Interments will be made only during daylight hours. Interments will
not be made on Sundays or official City holidays, except by order
of a physician.
(2)
All interments shall be made in a permanent outer container excluding
the use of wood.
(3)
All graves shall be dug by the City under the direction of the caretaker
or his authorized agent. Depth of graves shall conform to the Dodge
County Human Services and Health Department specifications. A charge
for opening and closing a grave, including the sodding and seeding
of the plot, will be made at a current rate set by the City. Said
charge will be paid to the City Clerk prior to performance of the
service. No burial will be allowed until all fees have been paid to
the City Treasurer and an authorization has been issued. This authorization
must be presented to the caretaker.[1]
(4)
No burial will be permitted until a legal burial transit permit has
been presented to the caretaker. The interment of bodies of persons
who have died of a contagious disease shall be in strict accordance
with the rules of the Dodge County Human Services and Health Department.[2]
(5)
There will be no responsibility on the part of the City for the protection
and maintenance of flowers, wreaths, emblems, etc., used in conjunction
with funerals.
(6)
The lot owner or funeral director shall designate on the interment
form the location of the grave on the lot to the caretaker, and any
change in location made after the opening of a grave has begun shall
be at the expense of the lot owner. When definite information for
locating a grave is not available 36 hours prior to grave preparation
to meet the time requested for interment, the cemetery may exercise
its best judgment in making a location order that the requested time
for interment may be met. The cemetery assumes no responsibility for
any error or inconvenience of such location, and an additional charge
will be made for any change requested.
(7)
The caretaker or his/her agent shall, whenever possible, be given
36 hours' notice to assure the opening and preparation of a grave
prior to interment. Banning unforeseen or other untoward circumstances,
such grave shall be opened and prepared in time for interment.
(8)
When several burials occur in a one- or two-day period, said burials
may be scheduled at the discretion of the caretaker, but in a prompt
and efficient manner.
(9)
The interments 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 caretaker or his agent.
(10)
More than one cremains may be buried in a single grave space.
Only two markers will be allowed on a grave space of which one will
be flush with the ground and of a size which meets the approval of
the caretaker.
B.
Disinterments.
(1)
Disinterments of bodies from graves in the cemetery will be made
only by the City in accordance with the requirements of the Dodge
County Human Services and Health Department. Charges set by the City
for removal must be paid in advance.[3]
(2)
Lot owners, or their heirs, desiring graves opened may secure the
necessary disinterment permit from the state and deliver the same
to the cemetery caretaker. All removals will be made by the City under
the supervision of a licensed embalmer.
(3)
For sanitary reasons, graves will not be reopened for inspection
except for an official investigation.
A.
Grave markers and foundations will be set only by the monument company
according to regulations specified by the City. Except as herein otherwise
provided, under no conditions will the City construct monument or
marker bases or erect monuments or markers on bases. The City 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. A permit shall be available
from the office of the caretaker or his assistant.
B.
The setting of monuments, stones and markers and the transportation
of all tools, materials, etc., within the cemetery grounds shall be
subject to the supervision and control of the caretaker. Unless special
arrangements are made with the caretaker, 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. Whenever possible, at least 24 hours'
notice shall be given to the caretaker that said work is to take place.
Heavy trucking will not be permitted within the cemetery when, in
the opinion of the caretaker, 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 City 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 caretaker or
his/her 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 caretaker or his assistant.
D.
Stone work or monumental work, once placed on its foundation, shall
not be removed, except by permission of the cemetery caretaker.
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.
Construction of vaults and mausoleums is prohibited.
A.
The planting of trees and shrubs on newly purchased lots or parts
of lots will not be permitted except by approval of the caretaker.
B.
Lot owners may remove under the direction of the caretaker large
trees on grave sites that hinder the full usage of the grave site.
The expense of the tree and stump removal will be paid for by the
lot owners.
C.
Artificial decorations are prohibited unless in a vase or pot and,
when used, will be treated as potted plants.
D.
Individual flowerbeds of growing plants are permitted but must be
of a reasonable size. In case of doubt, the caretaker should be consulted.
If these beds are not maintained and when they become unsightly or
undesirable, they will be removed by the City.
E.
Plants or flowers may not be taken up or removed from the cemetery
or cuttings removed from plants without permission from the caretaker
or under his/her direction.
F.
Vines that interfere with the proper care of lots or graves and injure
the grass will be removed when found objectionable.
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.
C.
A schedule of the fees and charges, as established by the Cemetery,
Transfer Station and Recycling Committee, shall be on file in the
office of the City Clerk. Such schedule may change from time to time
without advance notice to conform to current economic conditions.[2]
D.
The City 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 is indirect or proximate.
A.
Purpose and definition. In order to protect cemetery areas within
the City from injury, damage or desecration, these regulations are
enacted. The term "cemetery" as hereinafter used in this section shall
include all cemetery property, grounds, equipment and structures,
both privately and publicly owned, which are located within the City
of Fox Lake.
B.
Authority to establish rules and regulations. 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 of Ordinances. 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. Placement of any
such plantings, containers or objects shall be in accordance with
established regulations of the cemetery property owner.
C.
Specific regulations.[1]
(1)
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.
(2)
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 of Ordinances; 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.
(3)
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.
(4)
Speed limit. No person shall operate any motorized vehicle in any
cemetery in excess of 15 miles per hour unless otherwise posted.
(5)
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.
(6)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any cemetery without the
owner's consent.
(7)
Pets. Pets, including animals of any species, and horses are prohibited
in any cemetery. Dogs may be allowed when confined in a vehicle. This
subsection shall not apply to a service dog assisting a person with
a disability.
(8)
Sound devices. No person shall operate or play any amplifying system
or sound device in any cemetery without the owner's consent.
(9)
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.
(10)
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.
(11)
Alcohol beverages prohibited. No person shall consume or have
in his/her possession any open container containing an alcohol beverage
upon any cemetery property within the City unless the property is
specifically named as being part of a licensed premises.
(12)
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.
(13)
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.
