City of Williston, ND
Williams County
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Table of Contents
Table of Contents
Editor's Note: Prior ordinance history includes portions of 1957 Code §§ 21.1 — 21.15 and Ordinance Nos. 453, 470, 480, 484, 524, 539, 578 and 627.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
CEMETERY
Riverview Cemetery and/or Hillside Memory Gardens Cemetery.
RIVERVIEW CEMETERY
Riverview Cemetery, St. Joseph's Cemetery, St. Joseph's Cemetery First Addition, St. Joseph's Cemetery North Addition, Green Acres Addition, and all present and future contiguous additions thereto.
SEXTON
The person appointed by the Board of City Commissioners serving until such appointment is revoked by same.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001; Ord. No. 857, 9-10-2002; amended 6-25-2019 by Ord. No. 1104]
A Cemetery Board of five residents of the City is hereby created, and the duties of the Cemetery Board shall be to generally superintend and exercise control under the Board of City Commissioners over the cemetery. The Cemetery Board shall hold at least six meetings a year and shall make recommendations to the Board of City Commissioners as it deems necessary and advisable, and the members thereof shall serve without pay. The terms of the Cemetery Board members shall be for three-year periods. The appointments to the Board shall be made in such a manner as to stagger the terms so one member's term expires each year. This shall be done upon resignation or expiration of the terms of the existing members or may be done by voluntary consent of all the existing members by drawing for a one-, two- or three-year term.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
The sexton shall have the general superintending jurisdiction over the cemetery, and it shall be the sexton's duty to enforce all of the rules and regulations in this chapter. Subject to the provisions of this chapter, the sexton shall have the power to make such reasonable rules and regulations, approved by the Board of City Commissioners, that the sexton may deem necessary with reference to the use, care and improvement of the cemetery. The sexton, subject to the approval of the Board of City Commissioners, may employ such assistants as may be required for the operation and management of the cemetery. The Board of City Commissioners would determine chain of command (department head).
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
The City will take every reasonable precaution to protect the property of lot owners within the cemetery, but it specifically disclaims all responsibility for loss or damage, whether direct or collateral, from the acts of thieves, vandals, rioters, and malicious mischief-makers; from all acts of Providence, including winds, tornadoes, cyclones, hail, snow, frost, fire, explosion or lightning; and from breakage or accident to equipment of whatsoever kind and character and from all causes beyond its reasonable control.
(b) 
The City shall not be held responsible for inaccuracies or mistakes occurring as a result of orders taken via telephone, or for any mistakes occurring for lack of precise and complete instructions as to the particular space, size and location in the plot where interment is desired.
(c) 
The City reserves the right to correct any errors resulting in misdescription, improper transfer of burial rights, duplication of transfer of burial rights, surveying errors, improper placement of interments, and improper disinterments and removals. Corrections may include, but not limited to, canceling of conveyance or assignment and substituting in lieu thereof other interment property of equal value and similar location as far as possible or as may be selected by the City, or, in the sole discretion of the City, by refunding the amount of money paid on account of said purchase.
(d) 
In the event the error shall involve the interment of the remains of any person in such property, the City reserves and shall have the right to remove and reinter the remains to such property of equal value and similar location as may be substituted and transferred in lieu thereof.
(e) 
In the event of correction pursuant to this section, notice to the owner or to the immediate family shall be given by certified mail at the last known address of such party.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
The cemetery shall be maintained as a burial ground for residents of the City of Williston and nonresidents.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
Lot owners, their families and visitors will be admitted daily and are required to observe all rules adopted for the regulation of visitors.
(b) 
Persons under the age of 15, unattended by persons who will be responsible for their conduct, will not be admitted.
(c) 
Bicycle riding shall be permitted on road surfaces only.
(d) 
Bicycles must not be leaned up against stone work of any kind.
(e) 
Automobiles must proceed within the posted speed limits and be kept under complete control at all times.
(f) 
Refreshments, liquors or drugs will not be allowed on the grounds.
(g) 
No person with firearms or dogs (other than dogs used by the sight impaired) will be permitted on the premises.
(h) 
Discharging of firearms, other than regular volleys at burial services, is prohibited in and around the cemetery grounds.
(i) 
Trucks and vehicles of cumbersome description will not be allowed to enter the grounds without special permission of the sexton. No vehicles (except grave digging equipment) will be permitted off the established roadways in the cemetery without the permission of the sexton.
(j) 
All persons are prohibited from plucking any plants, whether wild or cultivated, breaking any tree or shrub, marring any stone work or in any way defacing the property of lot owners or of the City.
(k) 
To prevent injury to adjoining lots and to preserve the beauty of the grounds, no trees, shrubs or plants shall be planted in the cemetery, nor shall any existing trees, shrubs or plants be cut down, removed or trimmed except by permission of and under the direction of the sexton.
(l) 
No improper use of the national flag will be permitted in the cemetery, nor will the display of any worn out and tattered flag be allowed.
(m) 
Vases not properly cared for will be removed from the cemetery grounds.
(n) 
The decoration of graves shall be limited to the placing of wreaths, sprays, or flower boxes and the placing of cut flowers shall be restricted to those graves which have a regular container for that purpose. The use of jars, tin cans, etc., is prohibited. Decorations placed on the grave site, other than listed above, or temporary markers may be removed by the sexton or the sexton's designee for the purpose of mowing or other maintenance duties.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
Persons desiring to purchase burial rights shall visit the cemetery where the sexton will assist in making a selection.
(b) 
Lots in the cemetery are to be conveyed by burial right to the purchaser, his family and heirs, a right forever for the purpose of burying the human dead, subject to the rules and regulations that are now in force or may be adopted by the City, but exempt from taxation and liability for debt.
(c) 
No burial right will be issued until a lot is fully paid for, and if interment is permitted before such time, the City retains the right to refuse future interments or any improvements until any balance due on such lots is fully paid, and in case of persistent default, to remove any remains already interred to the single grave section. When lots are purchased for pre-need, the lots need to be paid-in-full at time of purchase.
(d) 
A burial right document and its record on the books of the City kept under the direction of the City Auditor is the only evidence of ownership of the proprietor recognized by the City; therefore, no lot shall be subdivided or transferred except with permission of the sexton and upon recording the same with the City Auditor. In the event of subdivision or transfer or other use of such rights contrary to the provisions of this chapter, the whole of such rights shall revert to the City.
(e) 
The City authorizes the sexton to repurchase lots and burial rights in the name of the City when desired by the owner. The price shall be negotiated by the parties but may not exceed the current price of burial rights.
(f) 
No burial rights will be issued for ground that has not been surveyed and platted.
(g) 
On the death of an owner or part owner of a lot, the heirs or devisees of the deceased, if required, shall file in the office of the City Auditor satisfactory proof of their heirship for the purpose of establishing the new ownership in the books of the City.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
When the buyer desires to purchase two or more single grave lots, the City reserves the right to require that the selection shall be made in such a location and manner as not to leave any isolated single grave lots alongside those purchased.
(b) 
Single grave lots shall be sold only from single grave lot sections except as isolated single grave lots may be elsewhere available. In single grave lot sections there can be no choice of location as these lots must be filled in regular order, nor can any such lots be reserved or sold for future use.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
The price of lots (burial rights), interment charges, opening and closing of graves and disinterment shall be set by resolution of the Board of City Commissioners.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
All charges for lots, services and devices are payable in advance unless it is otherwise agreed, with a guarantee by an approved, responsible person, and in no event shall the time of payment be extended beyond 30 days from the date of purchase or ordering of work done, or use of devices.
(b) 
In all instances where a mortician arranges for the purchase of a lot or for the interment, such mortician shall assume the liability for payments to the City of the cost of such lot or interment.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
Burial services will not be allowed on Sundays and legal holidays. Holidays are designated as those set forth in North Dakota Century Code § 1-03-01.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
During the period from April 15th to October 15th, orders for interments must be given 24 hours in advance of the funerals, and such orders must be accompanied by legal burial permits. During the period from October 15th to April 15th, such orders must be given 48 hours in advance of the funerals.
(b) 
Charges for interment in the county plot are pursuant to state law.
(c) 
The following particulars are required for record: Name of deceased, place of birth, last residence, age, date of death, date of interment, place of death, whether married, widowed or single, the name of the nearest kindred, the address of the nearest kindred, and military information pursuant to state law. No burials will be allowed without such information.
(d) 
If the order for an interment is for a deceased not of the immediate family of the lot owner, permission in writing from such lot owner or authorized person must be filed with the sexton.
(e) 
When lots are held jointly by two or more persons, either by descent, devise or purchase, an order will be accepted from either of them or their heirs for interment in such lots as they shall require.
(f) 
Orders for burials over the telephone will be accepted only at the option of the sexton because of the potential for mistakes, and a lot owner or other authorized person in ordering an interment may be required to call at the cemetery personally to obviate the possibility of error.
(g) 
Only one interment will be allowed in one grave, except in case of a parent and infant, or twin children, or two children buried at the same time.
(h) 
The interment of up to two cremation remains will be allowed with an approved vault on an occupied lot or in an unoccupied lot with written permission of the immediate family. The spreading of ashes is not allowed in the cemetery. Cremains must receive earth burial or columbarium interment, if available.
(i) 
Funeral activities, while within the cemetery grounds, will be under the control of the sexton.
(j) 
It shall be mandatory that all rough boxes used shall be of concrete or in the alternative steel vaults. A permanent type of outside burial receptacle shall be required in all sections of the cemetery. Outside receptacles made out of fiberglass shall not be permitted.
(k) 
The "Garden of the Angels" is for the interment of infants and children only with a box size opening limited to two by four feet.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
Any stone flush with ground level shall be classified as a marker. All markers need to be installed flush with the border and the existing ground.
(b) 
Markers for use in marking graves for infants' and children's plots must not exceed 16 inches in length or eight inches in width with borders not to exceed three inches in width.
(c) 
No permanent marker, or portion thereof, made of any material other than granite, marble or standard bronze will be permitted for use in the cemetery.
(d) 
All markers shall be set in a concrete foundation which will provide a four inch concrete border around the marker, such concrete border to be flush with the level of the ground, except those markers with pre-manufactured borders allowed in the "Garden of the Angels."
(e) 
Markers shall be located at the foot of the grave except in Block 11 of Riverview Cemetery and all of Hillside Memory Gardens Cemetery where markers shall be located at the head of the grave unless an additional military marker is requested. Marker with border shall be no more than two feet in width. The location of markers and all work in connection with setting them shall be under the direction of the sexton.
(f) 
No foot marker will be allowed to be installed prior to the interments, except as allowed in § 6-13(e) above.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
The use of monuments is permitted in Riverview Cemetery except in Block 11. Monuments are not permitted in Hillside Memory Gardens Cemetery.
(b) 
Any stone or bronze above ground level shall be classified as a monument but cannot exceed 42 inches in height.
(c) 
All monuments shall be located at the head of the grave lot.
(d) 
Grave covers or ledgers are not allowed in Williston cemeteries.
(e) 
The maximum size of the monument is based upon lot size. The length of the base shall not exceed 75% of the width of the lot.
(f) 
No person shall erect or place any monument until the monument and location have been permitted and approved by the sexton.
(g) 
No monuments made of any material other than granite, marble or standard bronze will be allowed in the cemetery. Appurtenances made of other materials than listed above must be approved by the sexton.
(h) 
The rolling of stone work across cemetery property shall not be done without the consent and supervision of the sexton.
(i) 
The turf around and near where work is to be done must always be thoroughly protected by planks and boards when required by the sexton.
(j) 
All stone work shall have the surface next to the foundation squared so as to allow full bearing on the foundation.
(k) 
Foundations shall be required for all monuments, and shall be built so as to provide a border not less than four inches in width around the bottom of the base of the monument and shall be adequate to permanently support the monument in true position. Total width of monument and base shall be no greater than 24 inches. Vases shall be installed on the monument or base and not the foundation as the City shall not be held responsible for damaged vases. In the case where a marker serves as the monument, a below ground receptacle shall be provided for the vase.
(l) 
After the foundation for any monument has been set sufficiently, as determined by the sexton, the monument shall be installed on the foundation by a representative of the manufacturer of the particular monument.
(m) 
No person is allowed to remove any monument from the cemetery or to alter any monument erected in the cemetery without first securing permission from the sexton.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
Graves will be reopened for official inspection or for any other purpose only when all statutory provisions relating to the opening of graves have been complied with and the regular charge for disinterment paid to the City.
(b) 
Should a member of the immediate family of an interred person wish to secure two or more laterally adjacent lots available elsewhere in the cemetery in order to provide for contiguous burials, he may have the body in the single lot disinterred and reinterred in the new location by paying the regular charges for disinterment and reinterment and by assigning the burial rights of the vacated lot to the City.
(c) 
Should any single lot be vacated and the body removed from the cemetery, the regular charge for disinterment must be paid and the right to the lot so vacated shall revert to the City.
(d) 
No disinterment, except a court ordered disinterment, will be allowed from October 15th to April 15th unless ground conditions as determined by the sexton allows for a disinterment.
(e) 
If a disinterment is permitted, a licensed mortician must be present to perform the final retrieval of the remains.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
Any person violating any of the prohibitions set forth in this chapter shall be guilty of a misdemeanor and subject to a maximum criminal penalty of a $500 fine, 30 days imprisonment, or both such fine and imprisonment.
(b) 
The City reserves the right to pursue civil remedies for damages caused by any party to the grounds, improvements, monuments and markers, and vegetation on the cemetery property.
[Ord. No. 746, 11-12-1991; Ord. No. 844, 3-13-2001]
(a) 
There is hereby created a perpetual care fund to be administered by the City Auditor of the City of Williston.
(b) 
The principal of the fund shall remain in trust with the interest on said principal to be utilized as either operating funds for the care and maintenance of the cemeteries or added to the principal for the fund.
(c) 
The City is hereby authorized to accept donations from any and all sources to such fund.
(d) 
Ten percent of the proceeds of burial rights sales as set forth in this chapter and set by resolution of the Board of City Commissioners shall be allocated to the principal of said fund and be subject to the restrictions on use set forth herein.