City of Two Rivers, WI
Manitowoc County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 4, Ch. 3, of the 1981 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: Original Ch. 4-3 was renumbered as Chapter 7-5 at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).
A. 
The cemeteries of the City shall be Pioneer's Rest Cemetery, Calvary Cemetery, Forest View Cemetery and Holy Cross Cemetery.
B. 
The Council may, by resolution, authorize the conveyance of all or any part of any City cemetery or may alter or vacate a cemetery plat or any part thereof.
A. 
Application; procedure. All applications for the purchase of lots or parts of lots in the cemetery shall be made to the Sexton of Cemeteries; he shall be provided with a map on which all lots or parts of lots shall be designated by writing the name of the purchaser thereon. The Sexton shall issue to persons wishing to purchase a lot or part of a lot a certificate describing the lot or part of a lot desired, the price, and certify that the same has not been sold. If purchase is not made within 30 days of the granting of such certificate, the Sexton shall issue another certificate to any person applying therefor.
B. 
Sales to be recorded; deed. Upon payment to the Parks and Recreation Office of the sum of money named in the Sexton's certificate, the Parks and Recreation Office shall file an ownership card with the Sexton, who shall then record said purchase on the official cemetery map. The Director of Parks and Recreation and City Clerk shall thereupon be authorized and are directed in the name of the City of Two Rivers to sign a cemetery conveyance deed, showing the owner's name, the lot or part of lots purchased, and the total sales price received by the City. The City Manager is authorized to sign such deed on behalf of the City in the absence of the Director of Parks and Recreation.[1]
[1]
Editor's Note: Original Sec. 4-3-3, Resident And Nonresident Defined, which immediately followed this section, was repealed 1-6-2020 and subsequent sections were renumbered.
[Amended 1-20-2020]
A. 
Price of lots. The price of lots shall be determined by the number of adult grave spaces the lot will accommodate.
B. 
Price of grave spaces.
(1) 
The price per grave space shall be in accordance with Title 1, Chapter 1-2, Fees, § 1-2-1.
Regular lots and portions thereof may be sold to the purchaser on the installment plan. The first installment shall be the price of one space. The balance of the purchase price shall be paid within one year from the date of the purchase. There shall not be more than one burial until the full price is paid. Upon failure to pay any deferred payments of the purchase price of such lot or part of lot within such year, the purchaser shall forfeit all his rights and title to all unoccupied portions of such lot or part of lot purchased.
[Amended 1-6-2020; at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
"Perpetual care" shall mean the maintenance of the turf upon the lot or grave at reasonable intervals, the pruning of shrubs and trees and such work as may be necessary to keep the lot or grave in good and neat condition. It does not include maintenance or repair of any gravestones or monumental structures erected upon lots or graves therein, nor the planting of flowers or ornamental plants.
Cemetery burial charges in all cemeteries shall be in accordance with Title 1, Chapter 1-2, Fees, § 1-2-1.
A. 
Not more than one regular lot or the equivalent thereof in any cemetery shall be sold to any one person.
B. 
No party or parties, listed as the owner in the cemetery conveyance issued by the City of Two Rivers, shall transfer such rights of burial by any means other than affidavit as permitted under Subsection C, except to their heirs. All other transfers shall be null and void.
C. 
The owner of the burial rights may consent to the burial of persons other than the owners as listed in the cemetery conveyance by the completion of an affidavit authorizing such burial as consented to by the owners. Such affidavits, available from the City of Two Rivers, must be signed by present owners, notarized and returned to the City of Two Rivers for recording.
D. 
The City of Two Rivers, upon the cemetery sexton's approval, may repurchase the unused spaces of burial, as described in the cemetery conveyance, if requested by the owner or successor. The maximum amount of repayment is based on 50% of the current grave prices, but shall not exceed the original purchase price.
A. 
Type of required vault. The use of wooden grave boxes shall not be allowed in any of said cemeteries. No burial of the remains of any person more than six months of age at the time of death shall be permitted unless the casket is enclosed in a grave box or vault made of concrete, marble or rustproof metal. All grave boxes over five feet in length must be buried on a lot at least three feet four inches by 10 feet in size.
B. 
Baby caskets. For infants less than six months of age, a polystyrene sealer-type casket is to be used for burial and is considered a permanent vault.
A. 
If flowers are planted, they must be planted or placed in metal containers in that area described as adjacent to and not more than 18 inches in back of and not greater than the length of any grave marker. The planting or placing of any article in front of any grave marker is prohibited. The area in front of grave markers is defined as paths between lots and blocks in this case. Planting or placing of flowers shall be permitted in front only of monuments in all City cemeteries in that area described as not more than 18 inches in front of and not more than the length of the monument. No planting of any type of plant, tree, or shrub or placement of any article shall be permitted at either end of any grave marker or monument.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
B. 
No fences or hedges shall be erected around the lots. All cornerstones or other stones or copings shall be placed at ground level so a lawn mower can be operated over the same. Grave mounds shall not be raised above the level of the lots. Monuments and grave markers shall be permitted only upon lots which have been fully paid for when they do not conflict with the restrictions herein contained.
C. 
No monument shall be permitted on any lot of less than 200 square feet. No monument shall be permitted on any lot if the base covers more than 10% of the lot area.
D. 
All monuments shall be erected near the long line of the lot equidistant between the ends of such line and within 12 inches thereof. The Sexton shall approve the location of any monument before it is placed on the lot.
E. 
The maximum height of single, double, and triple markers shall not be more than 18 inches above ground.
F. 
Grave markers shall be placed at the head of the grave. The maximum length of a single marker shall be 24 inches. The maximum length of a double or triple marker shall be 42 inches. Grave markers shall not be more than 12 inches thick.
G. 
"Monument" means a memorial which exceeds the maximum size of one or more of the dimensions of a grave marker. The monument shall be placed at the foot of the lot and only on lots where monuments are permitted in accordance with § 7-5-11.
H. 
The use of vigil lights in City cemeteries is prohibited. There shall be no winter wreaths on cemeteries prior to November 15 or after April 15.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
I. 
Urns may be placed at the west cemetery lot line only on full-sized lots and are prohibited on any portion thereof. The maximum height of metal, wood, cement, or stone urns shall not exceed 26 inches, and the base or the top of which shall not exceed 18 inches square or diameter. "Urn" means a vase-like container used only for the planting of live plants. Only one urn shall be permitted per lot. Removal and inversion of the bowl of the urn to prevent winter frost damage is recommended.
J. 
Wire-basket-type plant holders, whether for live, cut or artificial flowers, shall not exceed 31 inches in height, 18 inches diameter of top or base, and shall be light enough to be moved by one man; and shall be removed from the cemetery between November 15 and April 15. There shall be a limit of one such planter per owner's combined number of grave spaces, either full lot or portion thereof.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
K. 
Statuary shall not exceed 22 inches in height and can be placed only directly behind the headstones at the west lot line so as not to interfere or set wholly or partially on another person's lot. When statuary is of a monumental structural size to be used in lieu of a monument, it shall be in accordance with this section and § 7-5-11.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
No marble, sandstone, or man-made stone, except Portland cement concrete, shall be used for foundations in any City cemetery. No columnar or pillar-type headstone and monuments shall be placed in any City cemetery. No grave markers shall be permitted at the foot of graves in Forest View and Holy Cross Cemeteries. Flush grave marker may be permitted per single space. In case of more than one burial per space, additional names may be on the same stone, using its face or back. Monuments shall be placed only at the foot on easterly lots in all blocks of all sections of Holy Cross and Forest View Cemeteries. No monuments shall be permitted on westerly lots. If a monument were placed on a westerly lot, it would interfere with grave markers on the easterly lot. No monuments shall be permitted on portions of lots in any cemetery.
The City Manager may, by written order, provide that when monuments, gravestones, or ornamental structures are broken beyond repair, or are in an unsafe condition so as to constitute a hazard to the public, said debris may be removed. The City Manager, prior to ordering the removal of said debris, shall give six months' notice to the general public and proprietors of faulty stones and order the persons interested in said graves to remove the stones or to replace them with a marker of a size or material within cemetery regulations.
A. 
Except by authority, no person shall dig up, pull up, break down, or in any manner injure, remove, or deface any shrubbery, flowers, plants, grass plot or turf growing or being in and upon any part of the grounds of any cemetery, or injure or deface any building, monument, marker, or other structure on a cemetery.
B. 
No tree shall be removed, no wooden fence or other wood structure shall be erected, no trees or shrubbery shall be planted, and no vases, glasses, or other obstructions shall be placed on any lot in a cemetery, and no rubbish shall be deposited anywhere in a cemetery except in such places as designated.
A. 
Sunday or holiday burial. There shall be no burial or committal on Sundays or holidays, unless ordered by the Public Health Officers.
B. 
Sexton records. No person shall inter any body or remains in any lot or part of the cemetery without first notifying the Sexton of such intention and furnishing him with the necessary information to enable him to complete his records. No burial will be made without a proper death certificate or burial permit.
C. 
Notice to Sexton. The Sexton shall be notified at least eight working hours prior to any interment in City cemeteries, except that Monday funerals must be arranged by 3:00 p.m. Friday. Cemetery interment hours shall be 7:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m., Monday through Friday; and Saturday 7:00 a.m. to 12:00 noon, by special arrangement.
D. 
Additional fees. An additional fee shall be charged in accordance with Title 1, Chapter 1-2, Fees, § 1-2-1.
E. 
Severe weather. During severe weather conditions, the Sexton shall decide, upon consultation with the undertaker responsible for burial, to postpone burial until suitable conditions exist. The undertaker shall provide care and storage for the remains until proper burial can be made.
F. 
Grave space and lot defined. The term "grave space," as used herein, shall be construed as the space required for one adult burial. Standard grave space dimensions shall be set at 10 feet by three feet four inches, but may be a reasonable variance from the standard. The term "standard lot" shall refer to a lot with dimensions of 10 feet by 20 feet. Variations from the standard are permitted.
G. 
Interment of two bodies in one grave.
(1) 
The interment of two adult bodies in one grave (that is one above the other) will not be allowed, except in case of an adult and infant child, or two infant children buried at the same time.
(2) 
The interment of two cremated remains may be allowed in one adult grave, or with other remains in one and the same grave. The minimum container requirement for a cremated remains shall be as supplied by a crematorium.
H. 
Orders of undertaker, how construed. Orders for burial given by the undertaker having charge of the burial of any person will be construed by the Sexton as orders from the lot owner himself, and after interment no changes in location of graves will be made except at the expense of the lot owners. Undertakers making arrangements for the deposit of a body will be held responsible for the charges.
I. 
Reinterments. Any exhumation for reinterment within the City cemetery shall be charged at double the burial fee of opening and closing of a single grave of the size grave involved. The reinterment at another location in the cemetery shall be charged the established burial fee. All fee charges shall be in accordance with and as provided in § 7-5-6.
J. 
Undertaker's responsibility. It shall be the undertaker's responsibility to provide the necessary pallbearers to adequately carry the casket to the grave site for burial. Except for postponed burials due to severe weather conditions when pallbearers are not available, cemetery personnel may assist.
Disinterment must be made by City cemetery employees in compliance with the statutes and public authorities of the State of Wisconsin.
The City of Two Rivers will take every reasonable precaution to protect all private property or lot and grave owner's property in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control and especially from the act of thieves, vandals, rioters and malicious mischief makers and from all acts of providence, including unusual wind, tornadoes, cyclones, hail, snow and frost, whether the damage be indirect or proximate.
A. 
All municipal cemeteries shall be closed to the public after dark.
B. 
Driving over lots and graves is prohibited, with the exception of cemetery personnel in the performance of their job duties.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
C. 
Domestic animals are not permitted in the cemeteries, nor are they allowed to be buried there for any reason.
D. 
Shooting; destruction; animals. No person shall be allowed to destroy bird nests, shoot or throw stones at birds, or catch or kill any wild animal on the cemetery grounds.
E. 
Firearms; air guns; slingshots. All persons are prohibited from carrying or discharging firearms, spring and air guns, or using slingshots, archery equipment or other weapons in the City's cemeteries. Exception: military rites.[1]
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
[1]
Editor's Note: Original Sec. 4-3-18(f), Planks To Be Laid, which immediately followed this subsection, was repealed at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III).