[HISTORY: Adopted by the Town Council of the Town of Windham 12-14-1999 by Order 99-285; amended 7-9-2019 by Order 19-119 (Ch. 15 of the 1991 Code). Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Cemetery Ordinance of the Town of Windham, Maine."
The purpose of this chapter is to set fees for cemetery burial plots; establish regulations and procedures to govern burials, placement of monuments and decorations; ensure the safety of employees; and provide a beautiful and dignified resting place for deceased loved ones.
A. 
All cemeteries operated by the Town of Windham shall be open to the public from dawn to dusk every day. Any person found in a cemetery between dusk and dawn may be charged with trespassing.
B. 
Winter operations. The cemeteries will remain open until the first snow that covers the ground or until the ground is frozen, whichever comes first, and reopen the following spring once the snow has melted and the ground dry enough to support activity without causing damage to the grounds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No dogs or other domestic animals, except a service animal as defined in 5 M.R.S.A. § 4553, shall be allowed in cemeteries. Picnics, horseplay, sports activities, or any gatherings not in keeping with the purpose and dignity of a cemetery are prohibited.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Persons desiring to purchase a cemetery plot(s) should contact the Facilities and Grounds Manager by phone (207) 892-1904 or at 185 Windham Center Road.
B. 
The resident and nonresident costs for one standard grave site, one lot comprised of four adjoining grave sites and one cremains site which accommodates two cremains shall be established by the Town Council.
C. 
All proceeds from the sale of sites shall be deposited into the Cemetery Trust Account.
A. 
Transfers of ownership will not be recognized without the consent of the Facilities and Grounds Manager.
B. 
In order to be buried on a family plot, there must be proper documentation stating permission from the owner granting permission, such as a will or notary-signed document.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Town of Windham does not provide excavation service for opening or closing graves and will not bear any associated costs. Excavators and/or funeral directors must contact the Town of Windham's Facilities and Grounds Manager at least 48 hours prior to any grave opening, interment or disinterment to locate and mark the correct burial space.
B. 
Proper documentation, i.e., a copy of burial transit permit, cremation certificate or other required authorizations for any interments or disinterments within Town of Windham cemeteries, is required.
C. 
Following an interment or disinterment, excavators shall be responsible for restoring and leveling the grave site. No sites shall be mounded, except where consistent with existing practice. Excavators shall remove all excess material from the site, repair damage to any other plots, and shall repair any settling of the site for one year following any excavation, grave opening or closing.
In order to maintain a high standard of care and to eliminate sunken graves, all burials, whether standard or cremation, must use rigid and durable outside containers (commonly known as "vaults") constructed of reinforced concrete.
A. 
The location of headstones, lot markers and corner markers shall be approved by the Town's Facilities and Grounds Manager prior to placement. The Manager shall be contacted at least 48 hours prior to placement of headstones, lot markers or corner markers.
B. 
Headstones shall be no larger than 42 inches in width for a single grave. All grass markers shall be no less than four inches in thickness.
A. 
Aboveground memorials are prohibited in the Arlington Cemetery Cremains Garden.
B. 
Markers must be installed flush to the ground and shall be no larger than 12 inches by 30 inches. No more than two markers shall be placed on a single lot. All other planting and decoration restrictions apply to this section.
A. 
To ensure the cleanliness and the beauty of the cemeteries, the use of artificial flowers, solar lighting or alcohol containers is not permitted. Trinkets are allowed to be placed only on the headstone.
B. 
Any planting of flowers is restricted to nonspreading annual varieties. Shepherd hooks shall be placed as close to the headstone as possible with a maximum of two allowed.
C. 
The planting of shrubs and trees is not permitted in any cemetery without granted permission from the Facilities and Grounds Manager.
D. 
The Town reserves the right to remove trees or shrubs planted on a grave site which become dangerous or detrimental to the adjacent grounds because of encroachment of roots or branches.
E. 
No hedges, fencing, walls, curbing, railings, or similar structures or enclosures shall be erected around grave sites following adoption of this chapter. Existing structures or enclosures may be maintained, but not expanded or replaced.
F. 
All winter decorations shall be removed prior to mowing season.
A. 
This chapter shall be administered and enforced by the Town Manager or his/her designee.
B. 
Appeal of decisions made by the Town Manager's designee under the authority granted by this chapter may be made, in writing, to the Town Manager. Appeal of decisions made by the Town Manager under the authority granted by this chapter may be made, in writing, to the Town Council. The Town Council or Town Manager (whichever is appropriate) shall schedule a hearing as soon as possible and render a written decision on the appeal within 15 days.