[Amended 4-9-2024 by Ord. No. 1784-2024]
A.
Policy Statement.
1.
Purpose. The City of Onalaska Cemetery is owned and
maintained by the City for the benefit of all residents and cemetery
users. Definite rules and regulations must be set up by the Common
Council to insure proper maintenance and beauty and to prevent abuse
and destruction. The following rules and regulations are set forth
in the sections of this division to govern the cemetery. The City
reserves the right to amend or change any of these sections to conform
with newly developed cemetery practices.
2.
Management.
a.
Management. The management and control of the cemetery
of the City of Onalaska shall be vested in the Council's Administrative
Committee.
b.
Powers.
i.
The Committee shall have the power to adopt rules, regulations,
terms and conditions of sales of lots, perpetual care, opening of
graves and to make any and all regulations necessary to maintain and
manage the cemetery.
ii.
The Committee shall have the authority to employ necessary personnel
for the proper care and maintenance of the cemetery and to determine
the conditions and remuneration for the employees.
iii.
The City Clerk and City Treasurer shall be the Secretary-Treasurer
of the Cemetery Fund and shall keep records of all receipts and disbursements.
3.
Administration and Maintenance. The City Cemetery shall
not have a Sexton. The City of Onalaska Department of Public Works
shall be responsible for the daily administration and maintenance
of the City of Onalaska cemetery.
B.
Platting of New Cemetery Lots.
1.
Platting. Before any new block of a municipal cemetery
is opened for the sale of lots, the City shall cause it to be platted
and recorded in the office of the La Crosse County Register of Deeds.
2.
Single Grave Section. The Common Council or its designee
shall designate certain lots as a single grave section, and lots therein
shall be platted and sold as single grave lots. Unused portions of
lots repossessed for nonpayment of assessments for care may likewise
be designated and sold as single graves or otherwise.
C.
Privileges and Restrictions.
1.
No mound shall be raised upon any grave above the general level of
the lot.
2.
No hedges, fences or enclosures of any kind will be permitted on
or around lots. Wooden boxes, wire containers, glass jars, bottles,
toys, cans and other such objects may not be placed on lots and, if
so placed, will be removed by the City without notice. Urns and vases
are not permitted on lots.
3.
Each block in the cemetery will, prior to sale, be suitably marked
by the City with metal, brick or concrete.
4.
The City reserves the right for its workers and those persons necessary
to the performance of normal cemetery operation to enter upon or cross
over any lot in the cemetery in the performance of such duties.
5.
The City, or its employees, assumes no liability for damages to property
or of persons, or for physical or mental suffering arising out of
the performance of its normal operations, or for loss by vandalism
or other acts beyond its reasonable control.
6.
The City reserves the right to alter, change or close alleys, roadways,
water mains and other physical public properties of the cemetery.
D.
Miscellaneous.
1.
It is urged that lot owners interest themselves in the present and
future care of their lots, as a single neglected lot mars the beauty
of the entire cemetery.
2.
All fees and charges as outlined in the current schedule of fees
and charged are payable at the office of the City Clerk, where receipts
will be issued for the amounts paid.
3.
The City will take reasonable precautions to protect all private
property, lots 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.
4.
For purposes of this section, an infant shall be defined as a person
under the age of two (2) years old.
A.
Sale of Lots. Persons or their agents desiring to purchase
a lot in the cemetery shall be referred to the City of Onalaska Department
of Public Works. The City of Onalaska Department of Public Works will
have available suitable plats showing size and price of lots, and
such other information as may be required, and will render assistance
to those desiring to make lot purchases. Upon having a lot selection,
the City of Onalaska Department of Public Works will issue a lot order
to the prospective purchaser, or their agent, who will present the
order at the office of the City Clerk. Upon receipt of proper payment,
the City Clerk shall issue a deed to the lot in the form prescribed
by the City Attorney. The deed shall be signed by the City Clerk and
Mayor and sealed with the corporate seal and acknowledged so as to
entitle it to be recorded. The purchaser may record this deed with
the La Crosse County Register of Deeds. Lots are sold on a first-come-first-served
basis. Payment must be made in full, lots will not be held or reserved.
B.
Price of Lots. The price of a lot shall be as set forth
on the City of Onalaska Fee Schedule. The price of a lot(s) shall
be paid at the office of the Financial Services Director no later
than 5:00 p.m. two (2) business days prior to the day of the grave
opening or the grave will not be opened.
C.
Fees. The fees charged for opening graves or vaults
(including ashes buried in a vault) shall be as set forth on the City
of Onalaska Fee Schedule. All fees shall be paid at the office of
the City Clerk no later than 5:00 p.m. two (2) business days prior
to the day of the grave opening or the grave will not be opened.
D.
Cemetery Deed and Transfer Charges.
1.
The consideration for the cemetery lots must be paid in full prior
to the transfer of the deed.
2.
There shall be a charge for the transfer of the ownership of cemetery
gravesites in order to cover the various administrative costs in effecting
a transfer. Cost of transfer of a gravesite shall be as set forth
on the City of Onalaska Fee Schedule[1] and this expense shall be borne by the seller of the gravesite.
[1]
Editor's Note: The current Fee Schedule is on file in
the City offices.
A.
The lot owner or their authorized agent shall have the right to use
a lot or portion of a lot for burial purposes only in accordance with
the terms of the cemetery rules and regulations.
1.
Upon full payment of the purchase price of a lot, the City Clerk
will issue a cemetery deed, and the deed will be recorded in the records
of the City as evidence of ownership of the lot. Lots, or fractions
of lots, for which lot deeds have been issued by the City, will not
thereafter be divided except by consent of the City. All lots are
exempt from taxation and cannot be seized for debt (except those owed
to the cemetery) nor can they be mortgaged.
2.
All repossessed vacant grave spaces shall be subject to the same
fees and charges.
3.
The lot owner shall have acquired the lot for interment of themselves
and members of the owner's family. However, the lot owner may
grant written permission (which must be notarized and placed on file
with the Clerk) for the burial of other persons. No corpse shall be
interred in a lot except the corpse of one having an interest therein,
or a relative, or the husband, or wife of such person, or their relative,
except by the consent of all persons having an interest in the lot.
B.
Unless otherwise directed in writing and filed with the City Clerk,
the lot owner, the owner's devisees, or the owner's heirs,
the cemetery will permit the interment of members of the owner's
family at the request of any interested person upon proof of eligibility
for burial as follows:
1.
The surviving spouse of the lot 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
owners, 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 City Clerk.
3.
In the event the owner, the owner's 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 lots purchased from the City 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 City will
be recognized as owners or part owners of lots. In case of the death
of a lot owner, when the cemetery lot is disposed of by a will, and
when ownership is to be determined, a certified copy of the will must
be delivered to the City Clerk before the City will recognize the
change of ownership. If the deceased lot owner left no will, satisfactory
proof of descent must be provided. It is recommended that lot owners,
in making their wills, include a provision covering the cemetery lots
and devise the same to one (1) person.
D.
Lot owners may not resell or transfer their lots or parts of lots
except as outlined below:
1.
The City Clerk shall enter in the record kept for that purpose all
deeds of transfer and reconveyance of cemetery lots. No such reconveyance
shall be received and recorded by the City Clerk until the transfer
fee has been paid therefor. Said fee shall go into the general municipal
fund.
2.
Reconveyance of lots or parts of lots may be made only by written
application therefor upon blanks furnished by the City Clerk, the
same to be approved by the Administrative Committee. Such application
shall be executed by the owner(s) of the lots, or if the owner(s)
is deceased, by the legal heirs. The application shall state the lot
and block number.
3.
No owner of a cemetery lot shall sell, transfer or assign the same
or the unused portion thereof to any other person without the City's
consent. The City shall have the right of first refusal to repurchase
such lot or part thereof at the current grave price. If the owner
of any lot or part of a lot should sell or transfer the same without
giving notice to the City, except through probate, of such transaction,
such sale or transfer shall be null and void.
E.
Whenever possible, repossessed lots will be used for burials before
new areas of the cemetery are used or platted.
A.
For each saleable lot the distribution of funds is as follows: eighty
percent (80%) for cemetery operating, ten percent (10%) for perpetual
care, and ten percent (10%) for capital improvements in the cemetery.
A record shall be kept on file in the office of the City Clerk. The
fund may also be increased by gifts, bequests, a portion of memorial
charges and other service revenues.
B.
"Perpetual care" shall be construed to mean the obligation which
the City assumes to use the net annual income received from the investments
of the fund in furnishing such care as is furnished similarly endowed
lots in the cemetery. Such perpetual care shall be limited to the
maintenance of lawn, leaf disposal, filling sunken graves and raising
of markers, caring for avenues, alleys, fences, buildings and grounds
in general. It is understood that such expenditures shall be made
at the discretion of the City. The City shall not be bound to make
a separate investment of money set aside for perpetual care from a
particular lot sale, but the same shall be added to the perpetual
care fund of the City and the proceeds therefrom used by the City
in the manner as heretofore provided. Nothing herein shall be construed
as obligating the City to any alleged existing contract as to perpetual
care.
A.
The cemetery will be open to visitors between the hours of 1/2 hour
before sunrise and 1/2 hour after the official sunset. Permission
to enter the cemetery at any other time must be obtained from the
City of Onalaska Department of Public Works.
B.
Children under sixteen (16) years of age will be admitted only when
accompanied by parents or guardians.
C.
No food or beverage is permitted within the cemetery. No food or
beverage may be left at any grave, food or beverage will be removed
immediately.
D.
All pets must be on a leash no longer than six (6) feet and under
the control of the owner at all times. Pets shall only be allowed
on paved surfaces. Pet owners are required to curb their pets and
dispose of waste in an appropriate waste receptacle.
E.
Firearms shall not be allowed in the cemetery except in conjunction
with military funerals. At all other times, firearms, bows and arrows,
slingshots and other like articles shall not be allowed.
F.
Visitors are required to use the walks and drive 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 five (5)
miles per hour. No vehicle shall be driven except on roads designated
for that purpose, nor shall such be driven in a reckless manner. Vehicles
may only park on established roadways.
H.
Recreational walking, running, and bicycling are allowed only on
paved surfaces.
I.
The disposal of waste and litter is prohibited unless in the conjunction
with general cleanup and cemetery business.
A.
Interments.
1.
Interments will be made only during daylight hours.
2.
All interments shall be made in a permanent, nonbiodegradable, outer
container. The use of wood is not allowed for an outer container.
3.
All graves shall be dug by the City under the direction of the City
of Onalaska Department of Public Works. Depth of graves shall conform
to the Wisconsin State Board of Health specifications. A charge for
opening and closing a grave, including the sodding and seeding of
the plot, will be made at a current rate set by the City. Said charge
will be paid to the City Clerk prior to performance of the service.
No burial will be allowed until all fees have been paid to the City
Clerk and an authorization has been issued. This authorization must
be presented to the City of Onalaska Department of Public Works.
4.
No burial will be permitted until a legal burial transit permit has
been presented to the City of Onalaska Department of Public Works.
The interment of bodies of persons who have died of a contagious disease
shall be in strict accordance with the rules of the State Board of
Health.
5.
There will be no responsibility on the part of the City for the protection
and maintenance of flowers, wreaths, emblems, etc., used in conjunction
with funerals.
6.
The lot owner or funeral director shall designate on the interment
form the location of the graves on the lot to the City of Onalaska
Department of Public Works and any change in location made after the
opening of a grave has begun shall be at the expense of the lot owner.
When the definite information for locating a grave is not available
forty-eight (48) 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 City of Onalaska Department of Public Works shall, whenever possible,
be given forty-eight (48) hours' notice to assure the opening
and preparation of a grave prior to interment. Banning unforeseen
or other untoward circumstances, such grave shall be opened and prepared
in time for interment.
8.
When several burials occur in a one- or two-day period, said burials
may be scheduled at the discretion of the City of Onalaska Department
of Public Works, but in a prompt and efficient manner. A minimum of
two (2) hours will be scheduled between interments.
9.
The interments of two (2) adult bodies in one (1) grave will not
be allowed, except in case of mother and infant, twin children, or
two (2) children buried at the same time or in special circumstances
with the approval of the Administrative Committee.
10.
An approved concrete liner or approved concrete vault shall
be required when a body is interred.
11.
No interment of any body or cremains of any body other than
that of a human being will be permitted in the cemetery.
12.
Where a human body has been cremated, the cremains may be interred.
The Administrative Committee shall make proper regulations as to the
receptacles and the number of interments allowed on a single lot.
Four (4) cremains or three (3) cremains and one (1) full body burial
shall be allowed on any one (1) lot, provided that the one (1) full
body burial must be placed first before any cremains can be buried.
No exceptions to the maximum number of interments shall be made. No
cremains shall be scattered on private lots or on cemetery property.
13.
If any structure, display or inscription placed in or on any
lot is determined by the Administrative Committee to be offensive
or improper or injurious to the appearance of the surrounding lots
or grounds, the Administrative Committee shall have the right to enter
upon such lot and remove the offensive or improper object or objects.
14.
No tree growing within or beside any lot shall be cut down or
disturbed or any structure upon or around any lot be removed or disturbed
without the consent of the Administrative Committee.
15.
The interment of up to four (4) cremains shall be allowed in
a single adult grave space, as set forth above. This grave space can
have only one (1) single upright marker in addition to one flush mount
monument and may contain the names of each individual interred.
B.
Infant Burial.
1.
When infants are buried in the infant burial section of the cemetery,
all markers shall be placed at the head of the grave site and shall
be flush with the ground.
2.
When infants are buried on existing occupied grave sites not designated as "infant burial section," markers shall be flush with the ground. See Subsection A.15 above for monument and marker limitations.
3.
Infants buried on unoccupied grave sites other than in the "Infant Burial Section" shall be buried at the head of the grave site so as not to interfere with future burial in the same grave. See Subsection A.15 above for monument and marker limitations.
4.
The interment of only one (1) cremains will be allowed in a single
infant grave site within the infant burial section.
C.
Disinterments.
1.
Disinterments of bodies from graves in the cemetery shall be made
only by the City in accordance with the requirements of the State
Board of Health. Charges set by the City for removal must be paid
in advance.
2.
Lot owners, or their heirs, desiring graves opened may secure the
necessary disinterment permit from the state and deliver the same
to the City of Onalaska Department of Public Works.
3.
For sanitary reasons, graves will not be reopened for inspection
except for an official investigation.
D.
Interment of Ashes in Monuments. In the event that ashes
of a deceased are to be interred inside a monument, the City shall
be notified in writing of such interment prior to the interment. In
addition, the name of each deceased whose ashes are so interred shall
be engraved on the monument. A charge as set forth on the City of
Onalaska Fee Schedule[1] shall be paid to the City for the ashes of each deceased
interred in a monument, which sum shall be paid prior to such interment.
[1]
Editor's Note: The current Fee Schedule is on file in
the City offices.
A.
Monuments and Markers.
1.
Grave markers and foundations will be set only by the monument company
according to regulations specified by the City. Except as herein otherwise
provided, under no conditions will the City construct monument or
marker bases or erect monument or markers on bases. The City reserves
the right to require the construction of a foundation of such size,
material and design as will provide ample insurance against settlement
or injury to the stone work. The top of the concrete foundation will
be constructed flush with the ground line. All foundations must be
six (6) inches thick with a four-inch overlap of the base of the monument
and have a one-and-one-half-inch diameter hole on top for placement
of a flower pot holder. Large monuments may require thicker foundations
unless reinforcing is used. A permit shall be required from the office
of the City Clerk, with a fee as outlined in the City Fee Schedule.
Monuments or markers are allowed on single grave sites with a maximum
length of thirty-four (34) inches by sixteen (16) inches wide, except
in the infant burial section where flush markers are allowed only.
Two (2) grave lots can have either single or double markers or monuments
of sixty-eight (68) inches in length and sixteen (16) inches in width.
Three (3) graves may have a monument suitable to the size of the lot.
2.
The setting and design of monuments, stones and markers and the transportation
of all tools, materials, etc., within the cemetery ground shall be
subject to the supervision and approval of the City of Onalaska Department
of Public Works. Unless special arrangements are made with the City
of Onalaska Department of Public Works, such work shall be conducted
between the hours of 8:00 a.m. and 3:00 p.m., Mondays through Fridays,
except on national holidays. Whenever possible, at least twenty-four
(24) hours' notice shall be given to the City of Onalaska 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 City
of Onalaska 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.
3.
The City 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 City of Onalaska
Department of Public Works and approved before said work will be permitted
on a lot. All monuments must be set in line with other monuments so
far as possible as directed by the City of Onalaska Department of
Public Works.
4.
Stone work or monument work, once placed on its foundation, shall
not be removed, except by permission of the City of Onalaska Department
of Public Works.
5.
The lot must be paid in full or other assurance given of payment
before markers and monuments are set.
6.
Temporary markers must be removed or replaced with a permanent marker
within one (1) year.
7.
All monuments and markers must be of granite which has a known reputation
for durability and permanence in color. Veterans' Administration
markers of bronze are acceptable.
A.
The planting of trees and shrubs on lots or parts of lots will not
be permitted except by approval of the City of Onalaska Department
of Public Works. No yew trees or evergreens of any kind will be allowed
on cemetery lots. If any existing yew trees or evergreens die, they
cannot be replaced. If not taken care of properly, they will be removed.
Nothing will be allowed to hang from any tree, shrub, monument or
marker, etc. (e.g., bird feeders, windsocks, bird houses, etc.).
B.
Lot owners may request the City of Onalaska Department of Public
Works remove large trees on gravesites that hinder the full usage
of the gravesite. The expense of the tree and stump removal shall
be paid for by the lot owners.
C.
Fresh cut flowers may be used anytime. Containers for cut flowers
are to be of a type level with the ground surface and not holding
water when not in use, or of the type to be disposed of when flowers
are removed. The planting of perennial flowers is prohibited. If these
plants and flowers are not maintained and when they become unsightly
or undesirable they will be removed by the City without notice.
D.
A flower vase as recommended by the cemetery in front of markers
or monuments is permissible. Any vase or vase stand that is not in
use for one (1) year or more will be removed by the City of Onalaska
Department of Public Works without notice. Shepherds hooks will be
allowed, one (1) per site, and must be at least twenty-four (24) inches
from the lowest part of the hanging pot to the ground, and installed
immediately against the monument. Winter decorations will be allowed
after November 15 but will be removed April 15 and disposed of. Other
artificial pieces, including grave blankets and wreaths, may be used
during this period only. Wreaths on wire stands must also be placed
at the head of the lot.
E.
Artificial decorations are prohibited unless in a vase or pot and,
when used, will be treated as potted plants. All artificial flowers
displayed in the cemetery must be in containers and placed at the
head of the grave lot. Any artificial flowers not in containers will
be removed from the cemetery by the City of Onalaska Department of
Public Works without notice. Urns are not permitted. Existing urns
shall be removed by the City as they become unsightly or deteriorated
and shall not be replaced. However, before such an urn is disposed
of the last owner of record of the lot shall be notified by registered
or certified mail with return receipt requested that such urn has
been removed from the grave and will be disposed of unless the owner
thereof claims the same within 30 days after mailing of such letter.
F.
Plants or flowers may not be taken up or removed from the cemetery
or cuttings removed from plants without permission from the City of
Onalaska Department of Public Works or under its direction.
G.
Vines that interfere with the proper care of lots or graves and injure
the grass will be removed when found objectionable.
H.
No benches will be allowed on private lots.
I.
All landscaping, care of lots and other work in the cemetery shall
be done by the City of Onalaska Public Works department or its designee,
but it is desired that each lot owner feet free to consult with those
in charge of the cemetery at all times. The City shall retain the
ownership of all aisles, including monument aisles.
J.
Twice per year, spring and fall, all decorations, natural or artificial
must be removed from grave spaces to allow for the general cleanup
of the cemetery. The cemetery is open to the public for cleanup and
removal of decorations from April 1 to April 15 and October 15 to
November 1. New summer decorations may be placed after May 1. New
winter decorations may be placed after November 15. The City is not
responsible for decorations disposed of during spring or fall cleanup.
Public Works staff will start City cleanups on April 15 and November
1 of each year.
K.
The following decorations/memorials are not permitted: toys, mementos,
food, figurines, lighting, border edging, fencing, benches, rocks,
gravel, bricks, or mulch. Styrofoam constructed decorations, vases,
solar lights, hanging decorations and standing easels are prohibited.
L.
All shepherd hooks must be placed as close as possible to the left
or right side of the marker. Baskets must hang over the marker with
no decorations infringing upon adjacent grave lots. One shepherd hook
is allowed per lot.
M.
The City is not responsible for reimbursement for any plants, memorials
or decorations removed or damaged by City Staff during normal maintenance
activities.
N.
The City has the right to remove and maintain (trim) any tree or
shrub situated on any lot which becomes, by means of roots, branches,
condition or in any other respect, detrimental to the adjacent lots,
roads or general appearance of the grounds. Trees or shrubs may also
be removed or trimmed which restrict access to grave sites for burials
or maintenance purposes.
O.
Funeral flowers and other decorations/memorials may be placed and
left on a grave site for up to five (5) days after interment has taken
place. Public Works staff will remove flowers and decorations after
five (5) days and dispose of them if they do not meet the requirements
of this section.
