This chapter shall be known as "A Local Law Regulating Backyard
Burials in the Town of East Bloomfield, New York."
The purpose of this chapter shall be to regulate backyard burials
to preserve the quality of the environment and the public health of
the community in general.
It shall be unlawful for any person to cause the remains of
a human being to be buried or to establish a burial ground for such
purpose, in the Town of East Bloomfield, in any ground not set apart
and recognized as a municipal, religious, not-for-profit corporation,
cemetery or registered cemetery.
This chapter shall be enforced by the Town Code Enforcement
Officer or by any individual so authorized by the East Bloomfield
Town Board to enforce the East Bloomfield Town Code.
Any person may file a complaint with the Code Enforcement Officer
that a violation of this chapter may have taken place.
The written notice to comply should contain the following information:
A. The name of the owner or occupant of the property to whom the notice
shall be addressed.
B. The location of the premises involved in the violation.
C. The statement of facts, which are alleged, that violate this chapter.
D. A statement that a failure to comply with the demand may result in
prosecution.
The Enforcement Officer is hereby authorized pursuant to Criminal
Procedure Law to issue an appearance ticket to any person who the
enforcement officer has reason to believe has violated this chapter
and shall cause such person to appear before the Justice(s) of the
Town of East Bloomfield in the East Bloomfield Town Court.
Any violation of this chapter is punishable, after a finding
of guilt in the East Bloomfield Town Court, by a fine fixed by the
Justice Court in its sole discretion in an amount of not less than
$250 or no more than $2,000. The Town may also seek injunctive relief
or any other equitable remedies to prevent the continued violation
of this chapter.