Village of Monticello, WI Chapter 167 Cemetery

[HISTORY: Adopted by the Village Board of the Village of Monticello as Title 8, Ch. 4, of the 1989 Code of Ordinances. Amendments noted where applicable.]

§ 167-1 Policy statement.

A. Purpose. All cemeteries in the Village of Monticello are owned by the Village. Care, custody, maintenance and control are mandated by Chapter 157 of the Wis. Stats. and further governed by this Chapter 167, Cemetery, of the Code of the Village of Monticello. The following rules and regulations are set forth in the ordinances to govern the cemetery. The Village reserves the right to amend or change any of the Code of the Village of Monticello to conform to newly developed cemetery practices.

B. Management. The Village of Monticello 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 is required, 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.

C. Sexton. The Street Superintendent shall act as the Cemetery Sexton.

D. Financial. All funds generated from each lot sold shall be deposited in the general fund.

E. Liability. 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 including, but not limited to, 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.

§ 167-2 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 be designated and sold as single graves or otherwise.

§ 167-3 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 Village Clerk-Treasurer or to his/her duly authorized agent. The Village Clerk-Treasurer 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 purchase. 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 sealed with the corporate seal and acknowledged so as to entitle it to be recorded. The purchaser may record this deed with the County Register of Deeds.

§ 167-4 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 purpose only in accordance with the terms of the Village of Monticello cemetery rules and regulations.

(2) Upon full payment of the purchase price of a lot, the Village Clerk-Treasurer will issue a cemetery deed, 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 satisfaction of debt (excepting 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) A lot owner shall have acquired the lot for interment of himself and/or members of his family. However, a 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 a 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 and said 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 the 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 through 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 shall be from time to time determined by resolution of the Village Board has been paid therefor. Said fee shall go into the general fund.

[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 therefore 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 section, lot and space number to be conveyed.

(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 the right of first refusal to repurchase such lot or part thereof at the current space 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.

§ 167-5 Cemetery cleanup schedule.

Owners of cemetery lots wishing to retain specific items must remove them prior to the start of cleanup of May 1st and October 1st, including the removal of vases. No decorations may be displayed during the periods of May 1st through May 15th and October 1st through October 15th for the purpose of cleaning the cemetery.

§ 167-6 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, 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 Village without notice. Urns are not permitted on lots. Existing urns shall be removed by the Village 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 same within 30 days after mailing of such letter.

C. Each block in the cemetery will, prior to sale, be suitably marked by the Village with metal, brick or concrete.[1]

[1] Editor's Note: Original Sec. 8-4-5(d) of the 1989 Code of Ordinances, providing that no planting be permitted on any lots, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the regulations in § 167-11.

D. 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 Sexton.

E. Wreaths and similar displays on wire stands or shepherd hooks must also be placed at the head of the lot as close to the marker or monument as possible.[2]

[2] Editor's Note: The following subsections of original Sec. 8-4-5 of the 1989 Code of Ordinances, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): (g), fresh cut flowers and (h), potted plants. See the regulations in § 167-11.

F. 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.

G. Decorations made from absorbent materials (stuffed animals, toys, etc.) will not be allowed in the cemetery. Any small decorations and/or personal items of nonabsorbent materials will be allowed if affixed to the marker or monument, but will be removed and disposed of when they become unsightly in the judgment of the Sexton.

H. The Village reserves the right for its workmen and those persons necessary for the performance of normal cemetery operations and maintenance to enter upon or cross over any lot or space in the cemetery in the performance of such duties and to remove any decorations that impede the performance of proper maintenance.

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

§ 167-7 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 guardian.

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.

E. Firearms will not be allowed in the cemetery except in conjunction with military funerals. At all other times, firearms, bows and arrows, sling shots and other similar articles will not be allowed.

F. Visitors are required to use the walks and drive whenever possible and shall not pick 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.

§ 167-8 Interments and disinterments.

A. Interments.

(1) Interments will be made only during daylight hours. Interment will not be made on Sundays or official Village 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 Village under the direction of the Sexton or his authorized agent. The minimum depth of graves shall be established by the Village Board from time to time. 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 Village via resolution. Said charge will be paid to the Village Clerk-Treasurer prior to performance of the service. No burial will be allowed until all fees have been paid to the Village Clerk-Treasurer and an authorization for burial has been issued. This authorization must be presented to the Sexton.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(4) No burial will be permitted until a legal burial transit permit has been presented to the Sexton. The interment of bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Department of Health Services.

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

(6) The lot owner or funeral director shall designate on the interment form the location of the graves on the lot to the Sexton and any change in location made after the opening of a grave has began 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 Sexton may exercise his/her best judgment in making a location available in 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 Sexton or his agent shall, whenever possible, be given 36 hours' notice to ensure the opening and preparation of a grave prior to interment. Barring 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 scheduled at the discretion of the Sexton, but in a prompt and efficient manner.

(9) Number of graves per lot.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(a) 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, all with the prior approval of the Sexton or his agent.

(b) One full body and one remains from cremation shall be allowed in one lot, with one headstone or two flat markers to be placed only in line with other stones.

(c) No more than two cremains may be buried in a single grave space. Only two markers will be allowed on any grave space of which one will be flush with the ground and of a size which meets the approval of the Sexton.

(10) All cremains received for burial must be accompanied with proper identification and/or certifications by the processing crematorium facility and provide adequate decedent information for internal record keeping.

B. Disinterment.

(1) Disinterment of bodies from graves in the cemetery will be made only by the Village in accordance with the requirements of §157.112, Wis. Stats. Charges set by the Village for removal must be paid in advance.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(2) Lot owners, or their heirs, desiring graves opened may secure the necessary disinterment permit from the appropriate cemetery authority and deliver the same to the Cemetery Sexton. A county authorization for disinterment and reinterment shall be required prior to any reburial under § 69.18(4), Wis. Stats. All removals will be made by the Village under the supervision of a licensed embalmer.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) For sanitary reasons, graves will not be opened for inspection except for an official investigation.

§ 167-9 Monuments and marker.

A. Grave markers and foundations shall be set only by an authorized monument company in accordance with Village required specifications, shall be of proper construction and use only quality materials. These standards are designed to prevent costly monument repairs to the families, future generations, and the Village of Monticello.

B. Great care should be taken in selecting designs for monuments and markers. A monument should be designed with reference to its surroundings, consideration being given to the size and character of other monuments standing near it.

C. Monument adjustments due to heaving, frost or other occurrences are not the responsibility of the cemetery department. The family of the deceased is responsible for maintaining and adjusting markers or monuments.

D. No marker, headstone or monument shall be placed at any grave or upon any lot unless the space or lot has been paid in full.

E. Temporary monuments or markers. No statues or wooden markers are allowed unless the wooden marker is a temporary marker for the winter months, or until a permanent marker can be placed. Temporary markers may not exceed three feet in height or the width of the space (four feet by nine feet). The markers must be firmly secured and not at risk to blow over and must be replaced with a permanent marker in the summer months (a temporary marker's placement may not be in excess of one year).

F. There shall be no advertising allowed. No dealers or manufacturers cards or advertisement shall be marked on any stone or placed anywhere within the limits of the cemetery.

G. The Village is not responsible for property that is lost, damaged or stolen in the cemeteries.

H. All flat markers, slant markers, monuments and obelisk are allowed in all sections of the Village of Monticello cemeteries.

I. All flat markers, slant markers, monuments, and bases constructed in all Village of Monticello cemeteries shall conform to material and dimensional specifications as outlined in Exhibits AA, BB, and CC included as attachments to this chapter.

J. Exhibit AA defines the typical foundation required to install all flat, slant markers, and monuments.

K. Exhibit BB defines all foundation, and dimensional requirements, required to properly place marker or on a foundation and meeting specification requirements as defined in Exhibit AA.

L. Exhibit CC defines steel mesh reinforcement required in all foundations, along with concrete depth in all marker and monument foundations. A concrete mix for all foundations shall require a standard Redi-Mix formula as defined in Exhibit CC.

M. 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. Whenever possible, at least 48 hours' notice shall be given to the Sexton that said work is to take place. Heavy trucking will not be permitted within the cemetery when, in the opinion of the Sexton, such work may cause damage to the driveways. Except when special permission is obtained, all work as outlined above shall be completed and debris removed immediately.

N. All marker or monument installers must complete an application form, provided by the Sexton, which must be approved before installation commences.[1] The Village reserves the right to refuse permission to erect any monument not in keeping with the general appearance of the grounds.

[Amended by Ord. No. 2015-0603]

[1] Editor's Note: The Monument Installation Form is included as an attachment to this chapter.

O. Removal of monuments. A marker or monument, once placed at a Village cemetery on its foundation, may not be removed, except by written permission of the Village Board or the Sexton.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 167-10 Vaults and mausoleums.

Construction of vaults and mausoleums is prohibited.

§ 167-11 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. Lot owners may remove, under the direction of the Sexton, 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. 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.

D. Potted plants may be on lots, without disturbing the sod, on special occasions, such as Memorial Day, birthday, anniversary, etc., but will be removed after five days and destroyed if unsightly, or preserved for use in beds within the cemetery if suitable.

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

F. 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 become unsightly or undesirable, they will be removed by the Village.

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

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

§ 167-12 Annual cemetery grooming, maintenance, and repair.

A. The Village of Monticello will maintain and groom its cemeteries in the most prudent manner possible to create an atmosphere befitting a cemetery for citizens to memorialize loved ones.

B. Each spring as early as practicable and as time permits, the Village Clerk and Sexton along with cemetery maintenance employees may inspect the cemetery and determine what monuments are in the greatest need of repair or replacing. A list shall then be established. The Village Clerk may then seek proposals on the repair work, starting with the oldest monument, and complete as much as work as the then current year's budget will allow, if any.

C. After proposals are received, and if there are no current cemetery budget funds available for repairs, the Village Clerk-Treasurer shall seek to identify living family members, notify them in writing that their family stone is in need of repair and the lowest bid amount if they wish to proceed with and pay for the repairs.

D. The cemetery budget derives a portion of funds from the sale of each lot sold and opening and closing fees and these funds are used by the Village for maintenance and general operations. It shall be in the best interests of the Village Board to review the Cemetery fee structure annually and make adjustments when and where necessary in order to maintain adequate funding levels.

§ 167-13 Highland Cemetery rate schedule.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Highland Cemetery rates shall be as from time to time determined by resolution of the Village Board.