[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan 6-17-2014 by L.L. No. 7-2014.[1] Amendments noted where applicable.]
In order to establish a complete set of rules and regulations
to govern the Lakeview Cemetery by the Penn Yan Village Board of Trustees
in accordance with § 15-1500 et seq. of the Village Law,
it is hereby resolved that this chapter be presented to the Board
for its approval, to govern the following:
A.
The
care, management and protection of the cemetery grounds, road, fencing
and buildings located thereon.
B.
The
use, care and protection of lots in such cemetery.
C.
The
conduct of persons within the cemetery grounds and the exclusion of
improper persons therefrom.
D.
The
regulation of the dividing marks between the various lots and parts
of lots in the cemetery and their size, shape and location.
E.
The
prevention of improper monuments, effigies and structures within the
same.
F.
The
regulation of the introduction of growth of plants, trees and shrubs
within such grounds.
G.
The
prevention of the burial in any lot or part of any lot of any person
not entitled to burial therein.
H.
The
establishment and maintenance of a veterans' burial section and
authorization of the burial of honorably discharged veterans or active-duty
personnel and prevention of the burial of any person or veteran not
entitled to be buried therein.
I.
(Reserved)
J.
The
supervision of the burial vault and regulation of its time or period
of its use.
K.
The
maintenance of the cemetery roads and determination of their use;
also, the regulation and control of the drainage of surface waters.
A.
At
the annual meeting of the Village Board of Trustees, the Mayor shall
be authorized by procedures set by the Village Board of Trustees to
appoint a committee from the Village Board of at least two (2) members,
one (1) of whom shall be the Chairman, to be responsible to the Village
for proper care, protection and supervision of the cemetery grounds,
building, fences and roads and cemetery employees.
B.
The
cemetery grounds shall be supervised and maintained by the Department
of Public Works under the direction of the Board of Trustees.
C.
The
Director of Public Works, and/or his/her designee, shall be responsible
for all the cemetery grounds, roads, fences, buildings, vault, equipment,
trees and shrubs and for the installing and care of the monuments
in the veterans' section.
D.
The
Director of Public Works, and/or his/her designee, shall have charge
of all cemetery employees and supervise and direct their work and
be responsible for the satisfactory performance of the same.
E.
The
Director of Public Works, and/or his/her designee, shall make an accurate
record of mortality and interments and make a report to the Village
Clerk, indicating the lot or place in the cemetery for interments.
F.
The
Director of Public Works, and/or his/her designee, has full authority
to regulate the use of the cemetery chapel for interment services.
G.
The
Director of Public Works, and/or his/her designee, in the interest
of public safety shall have full authority to limit or prohibit access
to any grave site due to unsafe ground conditions.
H.
The
Board of Trustees shall regulate the hours that the cemetery shall
be open and approve the applications for annual Memorial Day activities.
I.
The
schedule of rates for lots, burials, vault storage and the placing
of bases for monuments shall be approved by the Board of Trustees.
J.
The rates of wages paid to cemetery employees shall be approved by
the Board of Trustees.
K.
Geneology requests or research shall be by appointment only, arranged
through the cemetery staff.
A.
The
use, care and protection of the lots in the cemetery shall be under
the supervision of the Director of Public Works, or his/her designee.
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
Director of Public Works, or his/her designee, is authorized to remove
any objectionable items or structure that may have been placed on
lots contrary to regulations or which may have collapsed and may remove
any dangerous tree, shrub or vine.
D.
The
Director of Public Works, or his/her designee, is authorized to request
the responsible person to remove any objectionable item or debris
from the lots as may have been placed or left there by such a person.
E.
Lakeview Cemetery is a "carry-in/carry-out" cemetery. There will
be no garbage receptacles on site for plant waste, flower pots, wreaths
or other ornamentation. Any garbage, including animal waste, must
be removed from the cemetery and disposed of off site.
A.
All
persons entering the cemetery grounds shall conduct themselves in
a respectful manner.
B.
The
Director of Public Works, or his/her designee, is authorized to have
any persons removed or ordered from the cemetery who are not conducting
themselves properly.
C.
Children
under 12 years of age shall not be admitted to the cemetery grounds
unless accompanied by an adult person responsible for their conduct.
D.
Playing
in the cemetery or climbing upon monuments or headstones is forbidden.
Any adult person accompanying children in the cemetery will be responsible
for damage, injury or accident resulting from violation of this rule.
A.
The
Director of Public Works, or his/her designee, shall lay out all lots,
determine the dividing marks between lots or parts of lots and determine
size, shape and location.
B.
The
Board of Trustees shall set the cost of lost and the cost of the digging
and backfilling of a grave by adoption of a resolution. These prices
shall be posted at the cemetery.
C.
Lots
free to encumbrances are to be conveyed by deed, assuring to the purchaser,
his family and heirs a burial place forever, exempt from taxes and
which cannot be attached for debts.
D.
A
deed for a lot or lots conveyed for burial purposes only confers upon
the grantee a right to use the lot or lots for the purposes for interment
of a body or bodies or the ashes after cremation.
E.
Lots
are available in one-through-eight-graves plots, at prices which are
set by the Board of Trustees.
F.
The
purchaser of the lot shall be recognized as the owner of the lot,
and the owner's name shall be so recorded as such on deed and
record.
G.
In
the event of death of the owner of a lot, the ownership of the lot
vests pursuant to decedent's will, or in the absence thereof pursuant
to the laws of intestacy.
H.
In
the event that the owner disposes of the lot by will, a certified
or notarized statement procured from the appropriate Surrogate Court
Clerk indicating the name and address of the new owner, and a notice
thereof shall be delivered to the Village Clerk. The new owner's
name shall be so recorded in the Village cemetery records.
I.
Before
an interment on the lot, the owner may, with the consent of the Village
Clerk, sell or dispose of the lot the same as he would any other piece
of property. Such sale or transfer shall be duly recorded in the Village
records.
J.
All
deeds for the sale or transfer of a lot or lots shall be signed by
the Mayor.
K.
After
interment, a lot cannot be sold or transferred unless the bodies buried
on the lot have been lawfully removed therefrom, and, then only with
the approval of the Director of Public Works, such transaction duly
recorded. All costs for removal of any body is to be paid for by the
person requesting the transfer.
L.
Any
portion of a multiple-grave lot upon which no interment has been made
may be sold by the owner, which shall require a deed to be recorded
with the Village Clerk.
M.
There
shall be no more than two cremain ash burials placed on a one-grave
lot. Cremain grave sites shall be limited to four separate burials
per plot. Complete records shall be made and kept of such interments.
N.
No
non-human remains cremated or otherwise, will be allowed to be buried
in the Lakeview Cemetery.
O.
Lots
may be purchased at any time previous to burials; however, the full
purchase price must be paid for in advance of burials.
P.
The
Director of Public Works, or his/her designee, is authorized to sell
lots and to accept or receive payment in full for the same. All funds
for lots received are to be turned over to the Village Clerk and receipts
made in triplicate; one to the purchaser, one to the Village Clerk
and one to the Director of Public Works, or his/her designee.
Q.
It shall be unlawful for any person, firm or corporation to purchase
a cemetery lot or plot or part thereof for the sole purpose of resale.
R.
There shall be no disinterment of remains or cremains without an
order from a court of competent jurisdiction.
A.
Except
for the veterans' section, upright monuments are not allowed
on a single grave or on a single-grave lot containing ash burials
of one or more persons. A one-grave lot, or a single-grave lot containing
ash burials of one or more person, 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. Upright monuments are permitted on multiple grave
lots but shall be no more than 48 inches in height, no deeper than
16 inches and no wider than the width of the multiple grave lot.
B.
(Reserved)
C.
All
monuments shall be granite or bronze and must be purchased from a
licensed monument dealer or the Veterans' Administration. Monuments
must be installed by the dealer or a professional monument installer.
D.
The
location of the monument shall be at a spot designated by the Director
of Public Works, or his/her designee, and it is the responsibility
of the monument purchaser to verify the placement of the stone before
ordering and cutting the same.
E.
The
foundation of all monuments shall be of solid masonry and at least
30 inches in depth. It shall be the duty of the Director of Public
Works, or his/her designee, to see that the above regulations in regard
to foundation of monuments and grass markers are complied with, and,
so far as is necessary for that purpose, the erection of the same
shall be under his inspection and control. The Village reserves the
right, at its option, to build the foundation of any monument head
or footstone, charging a reasonable compensation therefor.
F.
The
responsibility for the care and maintenance of monuments on the lot
belongs to the lot owner or the heirs.
G.
The
erection of improper monuments or effigies on any burial lot is not
permitted. Advertising in any form is prohibited.
H.
The
decision as to monuments being improper shall be determined by the
Village Board of Trustees, which shall have the same removed if found
to be improper.
I.
Corner
markers placed on all graves after the effective date of this chapter
must be kept at grade level of the cemetery.
J.
Veterans' graves are limited to either a stone no larger than
42 inches high, 13 inches in width and 3 1/2 inches in thickness
or a standard bronze plaque provided by the Veterans Administration.
K.
No fences or enclosures of any kind shall be allowed around or upon
any lot or any part of it. Mounds over graves will be suffered to
remain until the earth has settled and will then be removed.
L.
The provisions under the agreement concerning the Wagener Plot (Purchase
4) shall be strictly adhered to in respect to headstones, markers,
cornerstones and grade.
A.
No
tree, bush or shrub shall be placed upon any portion of the cemetery
grounds. Such plantings will be removed and discarded by cemetery
personnel.
B.
Artificial
flowers and ornamentation that are broken or unattached will be removed
and disposed of at the discretion of the Director of Public Works,
or his/her designee.
C.
Glass-contained
flowers and/or adornments are prohibited.
A.
When
interment is arranged by the funeral director, a complete burial must
be presented to the Director of Public Works, or his/her designee.
Whenever an interment is to be made, the Director of Public Works,
or his/her designee, shall be notified at least eight working hours
before burial or public notice is planned or desired. The rates for
grave openings are as approved by the Village Board, which rates are
posted at the cemetery.
B.
Interments
are to be made on the lot only with the permission of the lot owner
on record or the heirs or by a recorded purchase prior to grave openings.
C.
Any
owner or joint owner of a lot may permit the interment of remains
of other than the immediate members of the lot owner's family.
Such permission shall be written with the owner(s)' signature affixed
thereto. Such signature(s) shall be properly notarized.
D.
The
location of a grave on the lot should be designated by the lot owner
or heirs in time to avoid a delay of interment. Instructions should
be specific to avoid a misunderstanding.
E.
All
bodies delivered to the cemetery must be enclosed in a box made of
wood or other substantial material, whether it is placed in the vault
or grave. This includes stillborn babies. Upon burial in any lot of
said box, it shall be enclosed in a concrete or steel outer enclosure.
F.
Only
Village of Penn Yan employees may be used for burial preparation,
including both cremation and full burials. Contractors or private
individuals will not be allowed to perform this work unless preapproved
by the Director of Public Works, or his/her designee.
G.
At
the discretion of Village of Penn Yan staff, families will be allowed
to fill a cremation burial site by hand.
H.
The
cemetery grounds will not be opened for interment before 9:00 a.m.
There will be a fee for services not completed by 3:00 p.m. Winter
Rules will be in effect from November 1 through March 31. When Winter
Rules are in effect the Director of Public Works or his/her designee
may limit graveside services to grass and device only. "Device" refers
to any apparatus used for lowering the casket into the burial ground.
"Grass" refers to artificial carpet that is used with the device during
burial. At all other times during the year, the Director of Public
Works and/or his/her designee, may apply Winter Rules due to weather
or other factors.
I.
The Director of Public Works, or his/her designee, under the instructions
of the Village Board of Trustees, has the authority to prevent the
burial in any lot or part of lot of any person not entitled to be
buried therein.
J.
The committal of ashes after cremation is permitted on lots subject
to the fees set in the schedule of rates, which is posted in the cemetery,
approved by the Village Board of Trustees.
A.
The
Director of Public Works, or his/her designee, is to maintain and
take care of the existing veterans' burial plot established by
the Veterans' Monumental and Memorial Association (organized
after the Civil War, nonexisting at present), including the placing
of monuments and markers and keeping the same in alignment.
B.
Interment
in the veterans' section is limited to honorably discharged veterans
of the armed forces having served in one of the wars or conflicts
with the United States Forces.
C.
Interment
is limited to indigent veterans only, upon the request of the members
of his family or a veterans' organization, after his status as
an honorably discharged veteran has been established.
D.
For
a veteran who was a resident of the Village of Penn Yan, no charge
will be made for placing his monument or marker or the care thereof;
however, the charge for digging and backfilling the grave will be
in accordance with the schedule of rates posted in the cemetery.
E.
Veterans
who reside in Yates County, outside the Village of Penn Yan, will
be interred in the existing veterans' plot upon appropriate request
only and the payment of a fee in an amount set from time to time by
the Board of Trustees to cover the cost to place and maintain the
monument or marker, in addition to the charge for excavating and backfilling
the grave.
F.
After the existing veterans' plot is filled, the Village Board of Trustees is authorized to provide an additional veterans' plot for commitments of veterans of the Village only, meeting the requirements of § 64-9B. Such burials will be made upon the request of the survivors or a veterans' organization.
The cemetery does not accept human remains for storage, temporary
or otherwise.
A.
The layout and maintenance of roads in the cemetery is the responsibility
of the Director of Public Works, or his/her designee, who also is
to perform such work as may be required to prevent damage to the cemetery
grounds by flooding or washout.
B.
(Reserved)
C.
Drivers of motor-operated vehicles entering the cemetery shall remain
on the road unless permitted by the Director of Public Works, or his/her
designee, to drive and park elsewhere.
D.
The driver of the vehicle is responsible for any damage caused by
his vehicle while in the cemetery.
E.
Speeds of vehicles within the cemetery shall not exceed 15 miles
per hour.
Any person committing an offense against any of the provisions
of this chapter shall be guilty of a violation under the Penal Law
and, upon conviction thereof, shall be punishable by a fine of not
less than $25 up to a maximum of $250 or by imprisonment for not more
than 15 days, or both. Each day of continued offense shall constitute
a separate additional violation.
No burial shall be allowed on any Sunday, New Year's Day,
Memorial Day, July 4, Labor Day, Thanksgiving Day or Christmas Day
or the legal holiday honoring any such holiday. Should any of these
days fall on Sunday, then the following day is to be observed as a
holiday in accordance with the usual practice.
