[HISTORY: Adopted by the Board of Trustees
of the Village of Horseheads 12-14-2017 by L.L. No. 4-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: this local law also provided for the repeal
of former Ch. 113, Cemeteries, adopted 12-8-1977 by L.L. No. 15-1977,
as amended.
A.
The Board of Trustees of the Village of Horseheads hereby establishes
a Board of Cemetery Commissioners.
B.
The members of the Cemetery Commission shall be the members of the
Board of Trustees. The Trustees shall automatically be Cemetery Commissioners
only for the duration of their terms as Trustees. The Chairperson
of the Board of Cemetery Commissioners shall be the Mayor of the Village.
C.
GRAVE
LOT
OWNER
Throughout this chapter, the terms "Village," "Board of Trustees,"
"Commissioners" or "Cemetery Commissioners" shall mean the Board of
Trustees of the Village of Horseheads and those persons then currently
serving in such capacity. As used in this chapter, the following terms
shall have the meanings indicated:
The individual feature or area in the cemetery where a body
or human remains (occasionally more than one) is buried in a pit or
its equivalent, including any marker or monuments associated with
it.
A portion of the spatial organization of the cemetery, located
in a section, laid out to contain up to six or seven graves.
The person(s) to whom the cemetery has conveyed the right
of burial or the person(s) who holds such right by inheritance pursuant
to New York State General Municipal Law § 163.
In its capacity as the Board of Cemetery Commissioners and pursuant
to § 15-1504 of the Village Law,[1] the Board of Trustees hereby establishes the following
rules and regulations for the operation of Maple Grove Cemetery:
A.
Sale of lots.
(1)
Application for the purchase of a grave in Maple Grove Cemetery for
the purpose of interment shall be made to the Village Clerk.
(2)
Upon payment in full of the price of such grave, as established from
time to time by the Board of Trustees by local law or resolution,
the Clerk shall issue to such applicant a cemetery deed for the same.
(3)
No grave shall be sold unless at the same time such applicant gives
to and deposits with the Clerk a sum of money to be held in trust
by the Village for the perpetual care of said grave, which sum shall
be in an amount as determined by the Board of Trustees from time to
time by local law or resolution. At such time, the applicant shall
be issued a perpetual care receipt.
B.
Ownership rights. The purchaser of a cemetery grave acquires no title
to the soil but merely an easement or right of burial therein. Such
right of burial descends to his or her heirs at law or devisees. While
an owner may convey such grave to any other party if no burials have
been made therein, after a burial, he or she can do no more than permit
others to be buried thereon. Upon the death of such owner, the rights
of burial descend unto his or her heirs or devisees, who may exercise
such burial rights or permit others to be buried therein. Nothing
prevents the owner or owners of the burial rights from surrendering
such rights to the unused portion of a lot to the Village for the
purpose of resale by such Village. Descent and devise of such burial
rights is subject to the privilege of a surviving spouse and children
as set forth in § 163 of the New York State General Municipal
Law. An owner may not allow interment to be made in a grave for compensation.
C.
Care of graves.
(1)
Owners of cemetery graves shall be subject to an annual assessment
charge for the purpose of keeping such graves in good and proper condition
pursuant to § 15-1506 of the Village Law.
(2)
The receipt of perpetual care funds shall not prevent the Village
from levying an annual care assessment on all cemetery graves; and
in the event that such an assessment is levied, such perpetual care
funds will be used for special care of such graves over that given
other graves for which no perpetual care has been received.
(3)
The Trustees have the power, as provided in § 15-1506 of
the Village Law, to enforce annual assessments which remain unpaid.
D.
Privileges and restrictions.
(1)
Each grave in the cemetery will, prior to its sale, be marked with
a suitable marker, placed on each grave corner and set level with
the adjacent ground.
(2)
No mounds shall be raised upon any grave above the general level
of the lot. The Village reserves the right at any time to remove unsightly
mounds and to resod the grave at the general level of the lot.
(3)
No hedges, fences or enclosures, curbing, decorative rocks or borders
of any kind will be permitted on or around graves or lots. Standup
decorations, wooden boxes, wreaths, glass jars, glass containers,
glass ornaments or bottles, plastic containers, toys, cans and other
unsightly objects will not be permitted and, when used, will be removed
by the Village without notice and without responsibility for preservation.
Flags and emblems not exceeding 12 inches by 18 inches may be used.
No decorations of any type are permitted in trees or other plantings.
(4)
All landscaping, care of graves or lots and other work in the cemetery
will be done by the Village. Individual lots are not permitted to
have trees, planting or shrubs.
(5)
The Cemetery Commission reserves the right for its workers and those
other 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.
(6)
The Cemetery Commission or its employees assume no liability for
damage as the result of physical or mental injury in the performance
of its normal operation or loss by vandalism or other acts beyond
its reasonable control.
(7)
The Village reserves the right to amend or change rules and regulations
to conform to newly developed cemetery practice.
(8)
The Village retains to itself, for the benefit of all interment right
owners, full and complete supervision, control and management of the
land, buildings, improvements, roads, walks, utilities, development,
books and records, and the full and complete authority, rights and
privileges to make, change, administer and enforce all rules and regulations.
E.
Rules for visitors.
(1)
The cemetery will be open to visitors at all times between the hours
of 8:00 a.m. and sunset. Permission to enter the cemetery at any other
time must be obtained from the Cemetery Sexton or Police Department.
(2)
Visitors are required to use the walks and drives and are forbidden
to trespass on cemetery graves or lots, any garden or grassy area,
or pick any flowers (either wild or cultivated) or injure any shrub,
tree or plant or mar or deface any monument, stone or structure in
the cemetery.
(3)
Vehicles traveling within the cemetery shall not exceed 15 miles
per hour.
(4)
Visitors and contractors performing work within the cemetery shall
be subject to these rules and regulations.
F.
Interments.
(1)
All interments shall be made in a permanent-type outer container.
The Village reserves the right to supply a minimum-quality outer case
of sufficient strength to support earth covering, at cost plus a handling
charge, if not otherwise supplied.
(2)
All graves shall be dug by the Village under the direction of the
Cemetery Sexton. Depth of graves shall conform to ruling by the State
Board of Health.
(3)
A charge for opening and closing a grave will be made at a current
rate, as determined from time to time by the Board of Trustees by
local law or resolution, which charge shall include opening of the
grave, removal of excess material, refilling and sodding with grass.
(4)
No burial will be permitted until a legal burial permit has been
presented to the Cemetery Sexton. The interment of the bodies of persons
who have died of a contagious disease shall be in strict accordance
with the rules of the State Board of Health.
(5)
The Village reserves the right to designate and set aside portions
of the cemetery for the exclusive use of fraternal and religious groups;
however, it shall not discriminate in the sale of lots.
(6)
The grave owner or funeral director shall designate the location
of the interment in the lot or grave to the Cemetery Sexton, and any
change of location made after the opening of the grave has begun shall
be at the expense of the party requesting the change. When definite
information for locating a grave is not available in ample time for
grave preparation so as to meet the time requested for interment,
the Cemetery Sexton will exercise its best judgment in making a location
in order that the requested time for interment may be met. The Cemetery
Sexton assumes no responsibility for any error in such location, and
an additional charge will be made for any change requested.
(7)
The Cemetery Sexton shall be given at least 24 hours' notice
in summer and 36 hours' notice in winter, when the ground is
frozen, for the opening and preparation of the grave prior to interment.
(8)
The interment of two bodies in one grave will not be allowed, except
in case of an adult and infant or twin children or two children buried
at the same time; one adult and two urns of cremated remains; or four
urns of cremated remains. No interment of any body other than that
of a human being will be permitted.
(9)
On a semiannual basis, the Village will conduct a cleanout of the
cemetery. These will be done the first week of April and the first
week of November. During these cleanouts, all flowers, wreaths, emblems,
etc., used at funerals or placed on graves at other times will be
removed, and no responsibility for their protection or maintenance
is assumed.
(10)
It shall be the obligation of the funeral director to supply
such items as artificial grass, lowering device or devices, shelters,
tents or similar items as may be necessary for interment to the satisfaction
of the Cemetery Sexton.
G.
Removals. Removal of bodies from graves in the cemetery will only
be made by the Village or at the direction of the Village Manager
in accordance with the requirements of the statutes of the State of
New York and the rules of the State Board of Health. Charges made
by the Village for removal will be made in accordance with the difficulty
of the work and are payable in advance. The minimum charge shall be
equal to twice the current charge for opening a grave of similar size.
H.
Stone and monumental work.
(1)
All memorial foundations shall be placed on solid ground not included
in the actual grave space, except where the grave liner is of permanent
type and of sufficient strength to support the weight of the foundation
and memorial and will not interfere with future grave openings.
(2)
Each monument or grave marker shall rest on a foundation constructed
by the Village and paid for by the grave owner or party requesting
the same. Charges for foundation work will be in accordance with those
established by the Board of Trustees, acting as the Cemetery Commission,
from time to time except for very large monuments or those requiring
special foundation design. Such foundations shall be specifically
approved by the Cemetery Sexton before construction, and the charges
for such work will be made in accordance with the costs of such work.
(3)
Foundation work will be done by the Village between the 15th day
of April and the first day of November and other times at the discretion
of the Cemetery Sexton.
(4)
For large monuments, the Village reserves the right to require the
construction of a foundation of such material, size and design as
will provide ample insurance against possible settlement or injury
to the stone work.
(5)
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 Cemetery Sexton.
(6)
All grave markers (sometimes called "headstones" or "footstones")
shall be on bronze, granite or government-issued, except when duplicating
a grave marker previously erected on that particular plot. All grave
markers or monument bases shall be rock pitch. All nosers shall be
at least two inches in height and rock pitch. Texas slant or similar
markers shall have a minimum of two-inch rock pitch base. Pictures
and similar items affixed to the grave markers are strictly forbidden.
Grave markers or monuments of any kind shall have no artificial coloring
except only as hereinbefore authorized. Individual grave markers which
are in addition to family plot memorial monuments shall be restricted
to grass markers only, unless they are to duplicate previously erected
markers on that particular plot.
(7)
Stone or monumental work will not be permitted on a grave until the
grave is fully paid for, and the Village reserves the right to refuse
permission to erect any monumental work not in keeping with the good
appearance of the grounds.
(8)
Unrestricted monument section. Certain designated portions of the
older part of the cemetery have unrestricted monument privileges which
permit the erection of monuments or grave markers of any selected
size and design where grave area is sufficient to place monuments
on solid ground and where they will not interfere with future grave
openings.
(9)
Restricted monument sections. In these newer sections of the cemetery,
all grave markers for a single grave shall not exceed two feet in
length, and double grave markers shall not exceed four feet in length;
monuments larger than double headstones will be permitted only on
designated lots containing a minimum of 200 square feet. The base
area of memorials in such section when exceeding double graves shall
not be larger than 6% of the grave area.
I.
Trees, shrubs and flowers.
(1)
All landscaping, including planting of trees, shrubs and flowers
will be done by the Village. The Cemetery Sexton has sole and complete
authority in regard to planting, maintenance and removal of all trees,
shrubs, plants and grass ornamentation in the cemetery and matters
pertaining to its beautification, including graves, lots, roadways
and grounds. Individual grave or lot plantings may be removed by the
Village, without responsibility for preservation.
(2)
In the event that a grave owner desires to provide for a mausoleum,
memorial or landscaping of such grave in a manner herein not specifically
permitted, an application shall be made to the Village Board of Trustees
for its consideration and approval. In the event that any grave owner
desires to create a special fund for the purpose of providing any
care for a specific grave or plot over and above that contemplated
herein, namely perpetual care or general care of the cemetery, an
application shall be made to said Board of Trustees for its consideration
and approval.
(3)
Fresh-cut flowers may be used any time and will remain until, in
the judgment of the Cemetery Sexton or his or her staff, they become
wilted or unsightly.
(4)
Potted plants in containers not in excess of 10 inches in diameter
may be set on graves or lots without disturbing sod. Artificial pieces
may be used between November 15 and March 15. No person will be permitted
to trim, prune or remove branches from any tree or ornamental shrub
in the cemetery whether on his or her lot or not. All work of pruning
or trimming trees and shrubs will be done by the Cemetery Sexton or
under his or her direction. Upon request, the Cemetery Sexton will
do any pruning without charge.
J.
Fees, charges and payments.
(1)
All fees and charges are payable at the office of the Village Clerk
in the Village Hall, where receipts will be issued for all amounts
paid.
(2)
A schedule of fees and charges as established by the Village shall
be on file in the offices of the Cemetery Sexton and the Village Clerk.
Such schedule may be changed from time to time without advance notice
to conform to current economic conditions.
(3)
The price of graves does not include perpetual care. Perpetual care
funds will be accepted in addition thereto as provided above.
K.
Miscellaneous.
(1)
No person, other than employees of the Village, shall be allowed
to perform any work within the cemetery without permission from the
Cemetery Sexton.
(2)
Use of the cemetery land as a thoroughfare will not be permitted.
(3)
Any person found in the cemetery grounds after closing will be considered
a trespasser.
(4)
Vehicles, bicycles, skates, ATVs, snowmobiles, motorcycles, horses,
etc., will not be used or operated on cemetery lands in a manner which
is disrespectful of the rights and interests of the grave owners,
the interment, and/or the Village.
(5)
Dogs are not permitted on cemetery lands.
(6)
Bringing alcoholic beverages or illegal drugs onto cemetery lands
is prohibited.
(7)
No signs, notices or advertisements of any kind shall be allowed
in the cemetery unless placed by the Village.
(8)
Peddling or any kind or soliciting the sale of any commodity is prohibited
within the cemetery lands, other than by the Village.
[1]
Editor's Note: NY Village § 1-100 et seq.
