[HISTORY: Adopted by the Village Board of the Village of Fairwater at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 288.
A. 
Purpose. The Fairwater Cemetery is owned by the Village of Fairwater. The Fairwater Cemetery is maintained by the Village for the benefit of all citizens. Definite rules and regulations must be set up by the Village Board to ensure proper maintenance and beauty and to prevent abuse and destruction. The following rules and regulations are set forth in this chapter to govern the cemetery. The Village reserves the right to amend or change any of these regulations to conform to newly developed cemetery practices.
B. 
Management. The Fairwater 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 the same are 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.
C. 
Sexton. The Board may appoint a Sexton and shall prescribe his/her duties and fix the salary to be received by him/her for the discharge of such duties.
Before any new block of the 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. For definition purposes in this chapter, a "grave site" is a single site; a "lot(s)" is considered to be six platted grave sites in the old section of the cemetery and seven platted grave sites in the new section of the cemetery.
A. 
Price of lots or grave sites. The Village Board shall, by resolution, set a price on all grave sites to be sold in the municipal cemetery, a copy of which is on file with the Village Clerk or Sexton.
B. 
Sale of lots or grave sites. Persons or their agents desiring to purchase a grave site in the cemetery shall be referred to the Village Clerk or duly authorized agent. The Village Clerk or Sexton will have available suitable plats showing size and price of lots or grave sites, and such other information as may be required, and will render assistance to those desiring to make grave site purchases. Upon having made a grave site selection, the Village Clerk or duly authorized agent will issue a deed to the grave site. The deed shall be signed by the Village Clerk or duly authorized agent. The purchaser may record this deed with the Fond du Lac County Register of Deeds. The duly authorized agent will report each sale to the Village Clerk.
A. 
Grave site owner.
(1) 
The grave site owner or his/her authorized agent shall have the right to use a grave site or portion of a grave site for burial purposes only in accordance with the terms of the cemetery rules and regulations.
(2) 
Upon full payment of the purchase price of a grave site, the Village Clerk or duly authorized agent will issue a cemetery deed, and the deed will be recorded in the records of the Village as evidence of ownership of the grave site. All grave sites are exempt from taxation and cannot be seized for debt (except those owed to the cemetery) nor can they be mortgaged.
(3) 
The grave site owner shall have acquired the grave site for interment of himself/herself and members of his/her family. However, the grave site owner may grant written permission for the burial of other persons. The written information will be placed on file with the Village Clerk or duly authorized agent.
B. 
Unless otherwise directed, in writing, and filed with the Village Clerk, the grave site 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 grave site 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 Village 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 grave sites 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 owner of grave sites. In case of the death of a grave site owner, when the cemetery grave site is disposed of by a will, and when ownership is to be determined, a certified copy of the will must be delivered to the Village Clerk before the Village will recognize the change of ownership. If the deceased grave site owner left no will, satisfactory proof of descent must be provided. It is recommended that grave site owners, in making their wills, include a provision covering the cemetery grave sites and devise the same to one person.
D. 
Owners may not resell of transfer their grave sites or parts of grave sites except as outlined below:
(1) 
The Village Clerk shall enter in the record kept for that purpose all deeds of transfer and reconveyance of cemetery grave sites. No such reconveyance shall be received and recorded by the Village Clerk until a fee has been paid therefor. The Village Board shall, by resolution, set a price for reconveyance. Said fee shall go into the general cemetery fund.
(2) 
Reconveyance of grave sites or parts of grave sites may be made only with the permission of the Village Clerk. Such application shall be executed by the owner(s) of the grave sites or, if the owner(s) is deceased, by the legal heirs. The application shall state the grave site location.
A. 
The funds from the sale of each grave site shall be put into the Village of Fairwater's cemetery savings account. These monies will be used for the following: trimming of trees, mowing the lawn, weed eating, leaf disposal, maintenance of roads, filling of sunken graves, trimming of shrubs, location of grave sites, cleaning of roads when necessary for a winter burial and any other activity that the Department of Public Works deems necessary.
B. 
The monies currently invested in a certificate of deposit at the NBW Bank shall remain invested. The dividends and interest earned shall be put into the Village of Fairwater's cemetery savings account. These monies will be used for head stone restoration. It is recognized that from time to time head stones may need to be repaired and the funds for such activities shall come from this account.
A. 
No mound shall be raised upon any grave above the general level of the grave site.
B. 
No hedges, fences or enclosures of any kind will be permitted on or around grave sites. Wooden boxes, glass jars, toys, cans and other such objects may not be placed on grave sites and, if so placed, will be removed by the Village without notice. Urns are not permitted on grave sites sold after the passage of this chapter unless placed on a cement foundation extension. A fifteen-inch cement foundation extension, if feasible, is recommended for all markers or monuments installed after adoption of this chapter. Existing urns shall be removed by the Village as they become unsightly or deteriorated and shall not be replaced.
C. 
Each lot in the cemetery will, prior to sale, be suitably marked by the Village with metal, brick or concrete.
D. 
No planting of shrubs or trees will be permitted.
E. 
A limited amount of artificial flowers may be displayed in the cemetery, provided they are placed on the extension, if available.
F. 
Wreaths on wire stands must also be placed at the head on the grave near the monument or marker.
G. 
Cut flowers, plants or artificial flowers may be removed by the Village if they become unsightly or are deteriorated.
H. 
Potted plants may be set on grave sites, without disturbing the sod, on special occasions, such as Memorial Day, birthday, anniversary, etc., but will be picked up and destroyed if unsightly.
I. 
All landscaping, care of grave sites and other work in the cemetery will be done by the Village.
J. 
The Village reserves the right for its workers and those persons necessary to the performance of normal cemetery operation to enter upon or cross over any grave site in the cemetery in the performance of such duties.
K. 
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 performances of its normal operations, or for loss by vandalism or other acts beyond its reasonable control.
L. 
The Village reserves the right to alter, sell, use, change or close alleys, roadways, water mains and other physical public properties of the cemetery.
M. 
All flowers and urns may be placed at the grave site on May 1 and shall be removed by October 1. Any flowers or urns not removed by October 1 will be removed and destroyed. If the flowers, plants or urns become unsightly or broken, they will be picked up and destroyed.
N. 
Cement foundation extensions will be added upon request. Refer to the schedule of fees for the cost of the extensions. This shall only be done by the Village.
A. 
The cemetery will be open to visitors during daylight hours.
B. 
Children under 16 years of age will be admitted only when accompanied by parents and guardians.
C. 
Persons or picnic parties with refreshments or alcohol beverages are not permitted in the cemetery.
D. 
Dogs will only be allowed in the cemetery when confined in a vehicle. This subsection does not apply to a service dog assisting a person with a disability.
E. 
Firearms will not be allowed in the cemetery except in conjunction with military funerals and Memorial Day services. At all other times firearms, bows and arrows, sling shots and other like articles will not be allowed. Hitting of golf balls is prohibited.
F. 
Visitors are required to use the walks and drives 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 10 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 motor bikes, all-terrain vehicles, bicycles, snowmobiles, 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.
(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's authorized digger under the direction of the Village Clerk or his/her authorized agent. Depth of graves shall conform to the Wisconsin State Department of Health Services specifications. A charge for opening and closing a grave will come from the funeral director. Seeding will be done by the Village.
(4) 
A legal burial transit permit must be presented to the Village Clerk. 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, wreaths, emblems, etc., used in conjunction with funerals.
(6) 
The grave site owner or funeral director shall designate the location of the graves on the lot to the Village Clerk and any change in location made after the opening of a grave has begun shall be at the expense of the 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 Village Clerk or designated 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 untold circumstances, such grave shall be opened and prepared in time for interment.
(8) 
The interment of two bodies in one grave will not be allowed, except in the case of a parent and infant, twin children or two children buried at the same time or in special circumstances with the approval of the Village Clerk or designated agent. One body and one cremain will be permitted in one grave.
(9) 
Up to two cremains may be buried in a single grave space. Only two markers will be allowed per grave space of which one will be flush with the ground and of a size which meets the approval of the Village Board.
(10) 
No outer urn container is required with cremains.
B. 
Disinterments.
(1) 
Disinterments of bodies from graves in the cemetery will be made only by the Village in accordance with the requirements of the State Department of Health Services. Charges set by the Village for removal must be paid in advance.
(2) 
Grave site owners, or their heirs, desiring graves opened may secure the necessary disinterment permit from the state and deliver the same to the Village Clerk. All removals will be made by the Village 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 monuments and foundations will be set only by the monument company according to regulations specified by the Village. Except as herein otherwise provided, under no conditions will the Village construct monument or marker bases or erect monuments or markers on bases. The Village requires the construction of a foundation of such size, material and design as will provide ample insurance against settlement or injury to the monument. The top of the concrete foundation will be constructed flush with the ground line. Whenever possible, all monuments will be set with a five-inch margin. Verbal permission is required and shall be available from the office of the Village Clerk or authorized agent.
B. 
The setting of monuments and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the Department of Public Works. Unless special arrangements are made with the Department of Public Works, such work shall be conducted between the hours of 7:30 a.m. and 3:00 p.m., Monday through Friday, except on national holidays. Whenever possible, at least 24 hours' notice shall be given to the Department of Public Works that said work is to take place. Heavy trucking will not be permitted within the cemetery when, in the opinion of the Department of Public Works, 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 Village 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 Department of Public Works or Village Clerk. The assigned agent of the Department of Public Works marks the location where the cement foundation should be placed.
D. 
Stone work or monumental work, once placed on its foundation, shall not be removed, except by permission of the Department of Public Works.
E. 
The grave site 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.
A. 
The planting of trees and shrubs on newly purchased grave sites or parts of grave sites will not be permitted.
B. 
Grave site owners may remove under the direction of the Department of Public Works 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 grave site owners.
A. 
It is urged that grave site owners interest themselves in the present and future care of their grave sites, as a single neglected grave site mars the beauty of the entire cemetery.
B. 
All fees and charges as outlined in the current schedule of fees and charges are payable at the office of the Village Clerk. Payment is recorded on the deed.
C. 
A schedule of the fees and charges, as established by the Village Board, shall be on file in the office of the Village Clerk and Department of Public Works. Such schedule may change from time to time without advance notice to conform to current economic conditions.
D. 
The Village will take reasonable precautions to protect all private property, grave sites 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 be indirect or proximate.