The City Council of the City of Lebanon hereby ordains that
the following rules and regulations are hereby established to constitute
an ordinance for the proper operation and use of municipal cemeteries
within the City of Lebanon. The City Council recognizes that the municipal
cemeteries are places of honor and respect reserved as a final resting
place for the people of the City and desires to have the cemeteries
maintained in the best possible manner and firmly believes that these
rules and regulations are necessary for the protection of the City
and of lot and grave owners, and for the proper conduct and good order
of the cemeteries.
The following shall be the general rules and regulations for use of municipal cemeteries as specified in §
46-5 herein. No person shall:
A. Enter a cemetery except through an established gate or entranceway.
B. Deposit rubbish or debris on cemetery grounds.
C. Pick or damage any flowers, tree, shrub, (either wild or domestic)
soil, or other plant material.
D. Use the cemeteries as picnic grounds, or consume any liquor or alcoholic beverages, in accordance with RSA 175:I, XIII, and Article
I, Consumption in Certain Places, of Chapter
14 of the Code of the City of Lebanon in a cemetery, or bring the same upon the premises.
E. Use any form of advertising on municipal cemetery premises.
F. In any way injure or deface any monument, stone, fence or other structure,
or property within any municipal cemetery.
G. Allow any unleashed dogs in any municipal cemetery.
H. Cause or allow any horses or horseback riding within or through cemeteries
expressly prohibited except when authorized by the Director of Public
Works or his/her designee for a burial ceremony.
I. Allow a child under the age of 14 years of age in any municipal cemetery
unless accompanied by an adult.
J. Use skates, a skateboard, bike or dirt bike, or similar instrumentalities
on municipal cemetery property.
K. Enter any municipal cemetery between the hours of 10:00 p.m. and
6:00 a.m.
L. In accordance with Chapter
18, Animals, §
18-12, an owner or person having custody of any dog or other animal shall not permit said dog or other animal to defecate in any cemetery unless said defecation is removed immediately and properly disposed of in a container for trash or litter or similar manner. Any person having control over a dog or any other animal, whether or not the owner, and has knowledge that such dog or other animal is defecating on cemetery grounds and does not remove and properly dispose of the defecation in a container of trash or litter or similar manner, shall be in violation of this chapter.
[Amended 9-2-2020 by Ord. No. 2020-03; 3-16-2022 by Ord. No. 2021-16]
A. General conditions.
(1) Condition for burial. No burial, including a cremation burial, shall
take place without first obtaining a burial permit from the City Clerk
or State Registrar where the death occurred. All conditions of laws
and ordinances must be complied with, including the payment of any
back charges, securance of perpetual care, and/or maintenance and
preservation, or purchase of any lot(s).
(2) Holiday burials. Holidays formally recognized by the City of Lebanon
include the following:
*New Year's Day
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Martin Luther King, Jr./Civil Rights Day
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Presidents' Day
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*Memorial Day
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*Independence Day
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*Labor Day
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Veterans' Day
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*Thanksgiving Day
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Day after Thanksgiving
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*Christmas Day
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*Burials are not permitted on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day
unless otherwise approved by the Director of Public Works.
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Burials are permitted on Martin Luther King, Jr./Civil Rights
Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving,
subject to the rates listed below.
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(3) Errors in grave location. Neither the City of Lebanon nor the Department
of Public Works shall be responsible for errors in location of graves
on lots arising from improper instructions from persons making arrangements.
In all cases, orders for grave openings shall be communicated to the
Department of Public Works in writing or can be taken verbally over
the phone. Orders from funeral directors shall be construed as orders
from owners.
(4) No movement or upgrading of monuments, and no opening or shifting of location of any grave or its placement on a lot shall occur without approval of the City, and all relevant provisions of this §
46-7 shall apply to such activities.
(5) Preparation of grave. The digging of graves and replacement of excavated materials, other than those for natural burials as outlined in Subsection
B(2)(f) below, shall be the responsibility of the Department of Public Works unless other arrangements are approved by the Director of Public Works.
(6) Ceremonial materials, if used, and lowering of remains shall be the
responsibility of the funeral director or other responsible party.
(7) Permanent outside containers. For burials other than natural burials as outlined in Subsection
B below, remains for all interments, cremation or full, shall be enclosed in a permanent outside container which shall be provided by the owner of the lot or his agent, and installed under the supervision of the Cemetery Sexton or his/her designee. The following are considered permanent outside containers: concrete boxes, copper or steel vaults or cremation urns designed to withstand the deteriorating factor of the elements of burial.
(8) Winter burials. The Department of Public Works will prepare graves for burial during the winter months, weather and other circumstances permitting. The preparation of graves by the Department of Public Works for natural burials that require hand digging shall be the loosening and removal of only as much material is required to remove frozen ground. Removal of remaining soil to achieve minimum burial depth shall be the responsibility of the next of kin, designated agent, or his/her designee and shall be supervised by the Cemetery Sexton or his/her designee. If circumstances are such that burial cannot be made, temporary interment may be in the cemetery tomb as stipulated in Subsection
A(9) below.
(9) Entombments in City Tomb. Entombment is only available for remains
that have been embalmed and are to be buried in a permanent outside
container. No entombment shall take place without notification of
the Department of Public Works. Entombment will be made until such
time that burial is arranged. No entombment shall be accepted prior
to November 1st of any year. All human remains must be removed from
the City Tomb no later than the following June 15th.
(10) Burial of indigents. In the case of single grave lots for the burial
of indigents, the city will provide space and maintenance of a section
for such. However, no aboveground monumentation will be allowed until
such lot has been paid for and the required payment made to the Cemetery
Maintenance Special Revenue Fund.
B. Natural burials.
"Natural" or "green" burial promotes the decomposition of the body with minimal impact to the environment. The deceased are buried without the use of embalming fluids, permanent outside containers, or modern caskets. In the spirit of natural burials, gravesites will be minimally maintained by the City of Lebanon pursuant to §
46-8B(4).
All other rules and regulations for Lebanon Cemeteries shall
apply to natural burial grounds unless policies and procedures are
inconsistent with this section or with the purpose and intent of natural
burials, in which case this section will govern.
(1) Permitted location. Natural burials are permitted in Old Pine Tree
Cemetery and in Section "F" of the West Lebanon Cemetery.
(2) Burial process:
(a)
All burials and services must be overseen by the Cemetery Sexton
or his/her designee.
(b)
Remains will be buried without the use of a permanent outside
container.
(c)
Human remains must be contained within a rigid casket, coffin,
or biodegradable burial container and should have minimal use of nails,
staples, glue, or other fasteners. External finishes of casket or
container must not include latex or metallic products. Use of any
oil-based finish must be plant-based. Upon ordering of grave opening
and service, next of kin, designated agent or his/her designee will
be required to sign an acknowledgement that the casket, coffin, or
container meets all requirements stated herein.
(d)
At time of scheduling burial, a filed certified copy of death
must be submitted to the Department of Public Works. If upon review,
there is a question of the cause of death being related to a contagious
or potentially hazardous virus or disease, the question will be referred
to and reviewed by the New Hampshire Department of Health, Center
for Disease Control and/or the State of New Hampshire Chief Medical
Examiner's Office. Should it be determined that the cause of
death could result in possible infection and/or spread of a contagious
or potentially hazardous virus or disease, a natural burial will not
be permitted.
(e)
Prior to burial, next of kin, designated agent, or other responsible
party must sign and submit a release of liability and waiver form
to include responsibility for all attendees of services.
(f)
Graves must be dug by hand if those lots are inaccessible to
excavation equipment as a result of the location of previous burials.
Hand digging will not be performed by the Department of Public Works
and is therefore the responsibility of the next of kin, designated
agent, or his/her designee and shall be supervised by the Cemetery
Sexton or his/her designee.
(g)
Natural burials require the bottom of the outside coffin, casket,
or burial container to be at a depth of four feet below the natural
surface of the ground with a minimum of three feet previously excavated
material on top of the coffin, casket, or burial container to the
natural surface of the ground. All material must be compacted, and
an additional 18 inches of topsoil be mounded above the natural surface
of the ground to accommodate for settling. Depth will be verified
by the Cemetery Sexton or his/her designee.
C. Burial and entombment rates.
Full Burials
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Weekday during operating business hours
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$500
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Weekday after operating business hours
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$500 plus $100 per hour after operating business hours
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Weekend
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$750
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Holiday [as permitted in § 46-7A(2) above]
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$875
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Cremation Burials (In ground or columbarium)
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Weekday during operating business hours
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$250
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Weekday after operating business hours
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$250 plus $100 per hour after operating business hours
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Weekend
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$400
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Holiday [as permitted in § 46-7A(2) above]
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$450
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Columbarium niche inscription and service fee
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$100
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Natural Burials
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Weekday during operating business hours
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$500
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Weekday after operating business hours
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$500 plus $100 per hour after operating business hours
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Weekend
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$750
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Holiday [as permitted in § 46-7A(2) above]
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$875
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Infant Burials
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Weekday during operating business hours
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$175
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Weekday after operating business hours
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$175 plus $100 per hour after operating business hours
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Weekend or holiday
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$350
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Entombments
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Any period of time between November 1st and June 30th
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$500
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(1) Burial rates will be reviewed by the Board of Cemetery Trustees on
an annual basis. If changes to the rates are proposed, the Board of
Cemetery Trustees shall make recommendations to the City Council for
consideration.
(2) All receipts from burial fees, as set forth in Subsection
C above, shall be deemed general fund revenues, and shall not be placed into either of the separate funds created under this chapter.
[Amended 9-2-2020 by Ord. No. 2020-03]
A. Monuments and markers. All municipal cemeteries allow monumentation, markers and cornerstones of such dimension and material as shall be approved by the Department of Public Works. Monumentation shall be the total responsibility of the lot owner. Dimensions for monuments shall not exceed 24 inches width for a single grave, 72 inches width for two graves, and 84 inches width for three graves. Monuments are to be centered in lot and in line with other monuments located in that row. All reference to "monuments and markers" is to mean monumentation of a permanent nature that protrudes above the lawn surface. All such monumentation requires a concrete foundation (refer to Subsection
B of this section). Only one aboveground monument per owner's lot (grave or group of graves) is permitted unless additional monuments are approved by the Board of Cemetery Trustees pursuant to §
46-12B. All other structures, including cornerstones, grass markers, and markers, shall be set flush with the lawn surface so that no part shall protrude above the surface of the ground. In areas designated for cremation-only burials, only a single grass marker not to exceed 12 inches by 24 inches set flush with the lawn so that no part shall protrude above the surface of the ground is permitted. An exception to the preceding is an allowance of one brass plaque and one flag on a veteran's grave, which should be placed on the upright monument end of the lot.
B. In areas
designated for natural burials, a single flat stone may be placed
at the foot of the plot as a marker. The stone must be level with
the ground and may not exceed 12 inches by 24 inches. An exception
to the preceding is an allowance of one brass plaque and one flag
on a veteran's grave.
[Added 3-16-2022 by Ord. No. 2021-16]
C. Monument foundation and marker setting.
(1) Foundations for monuments shall be constructed of concrete by the Department of Public Works upon request or by a monument company with the approval of the Department of Public Works. Those requesting foundations shall make the request in writing stating the location on the lot and size of foundation desired, both of which are subject to Subsection
A.
(2) The charge to the owner for foundations for monuments shall be:
(a)
$35 per cubic foot (minimum size - one foot [12 inches] by two
feet [24 inches]. Additionally, for every new foundation installed,
there will be a $75 fee for future maintenance and preservation, to
be placed in the Cemetery Maintenance and Preservation Trust Fund.
(b)
The charge for setting cornerstones: $40 per lot ($10 each).
(c)
The charge for setting grass (flat two-foot by one-foot) markers:
$50 per marker (Additional charges may be applied for lager size markers).
There is no fee for setting government provided military markers.
(3) Foundations are set three times per year. Orders are accepted up
to May 1, July 1 and October 1 and are coordinated through the Department
of Public Works.
[Amended 9-2-2020 by Ord. No. 2020-03]
A. Beginning on the date of adoption of the 2020 amendment to this chapter
(September 2, 2020), the buyers of lots in Lebanon municipal cemeteries
shall no longer be required to create a separate perpetual care trust
fund.
B. There is hereby established - pursuant to the authority of RSA 31:19-a, as applied to the City by way of RSA 47:1 - an expendable trust fund to be known as the Cemetery Maintenance and Preservation Trust Fund. Interest income received from perpetual care trusts created prior to the adoption of the 2020 amendment to this chapter shall be transferred annually by the Trustees of the Trust Fund to the Cemetery Maintenance and Preservation Trust Fund. Total income or principal from the fund may be expended by the Board of Cemetery Trustees in accordance with the City's normal budgeting and appropriations procedures, for the aims and purposes delineated as the City's responsibilities under §
46-8 of this chapter, including the "Exception" set forth in §
46-8B(3).
C. As set forth in RSA 31:19-a, III, custody and investment of the Cemetery
Maintenance and Preservation Trust Fund shall rest with the Trustees
of Trust Funds. In accord with RSA 31:19-a, IV, the Trustees are authorized
to accept privately donated amounts to be placed in the fund, provided
that, as set forth therein, such privately donated amounts shall be
invested and accounted for separately from, and not commingled with,
amounts appropriated to the fund by the City. The Cemetery Trustees
shall adopt a Statement of Intent form to be executed by the purchaser
or agent at the time such contributions are made.
D. Perpetual care trusts created prior to the adoption of the 2020 amendment
to this chapter shall remain in effect and continue to be administered
as was required prior to said amendment; provided however, that interest
income received from those trusts may be transferred annually by the
Trustees of Trust Funds to the Cemetery Maintenance and Preservation
Trust Fund, as long as such transfers are consistent with the terms
of those trusts.
E. Previous owners. Owners of cemetery lots purchased prior to August
1, 1966, shall secure perpetual care service by applying to the Trustees
of Trust Funds through the Department of Public Works for the acceptance
into the Cemetery Maintenance and Preservation Trust Fund of a sum
sufficient to provide the income necessary for the care and maintenance
of the lot.