[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (Ch. 14 of the 1993 Municipal Code). Amendments noted where applicable.]
[Amended 7-17-2023 by Ord. No. 23-10]
The transfer and conveyance of the real property known as the
Fassett Cemetery located in the City of Edgerton, Rock County, Wisconsin,
and the personal property used in connection therewith, from the Fassett
Cemetery Association, is accepted and the conditions therein contained
complied with.
[Amended by Ord. No. 96-16]
A.
Authority. The Committee is created pursuant to § 157.50,
Wis. Stats., and § 14.7 of this Code and shall advise the
City Council as to the regulations on care and management of the Edgerton
Fassett Cemetery.
B.
Powers. Said Committee shall have full control and authority to care
for, manage and regulate the cemetery and any additions thereto, and
to adopt such rules and regulations subject to the approval of the
City Council for the use of the cemetery and interments therein, to
determine the sale price of cemetery lots, the amount of annual assessments,
perpetual care and charge for work done by cemetery employees, and
when any such cemetery rules and regulations have been approved by
the Council, they shall be deemed part of this chapter, and any person
violating the same shall be subject to the penalty provided for in
violation of this chapter.
C.
Separate budget. Said Committee shall annually submit to the Council,
at the time provided by law, a separate budget for the operation and
maintenance of the cemetery. The City Finance Director shall keep
an account of all moneys received and disbursed for the cemetery.
A.
The Director of Public Works in his capacity as superintendent of
the cemetery, under the direction of the Public Works Committee, shall
have the general supervision, control, charge and management of the
cemetery and all grounds connected therewith, the laying out and subdividing
of the cemetery grounds into lots and the ornamentation thereof and
shall have charge of all interments in the cemetery and the recording
of the ownership of all lots therein.
B.
To keep all cemetery records. The superintendent shall keep all necessary
records of all burials in the cemetery and of all burial permits and
of the transfer of ownership of cemetery lots and shall turn the same
over to the City Finance Director to be entered into a permanent record
to be kept by the Finance Director.
C.
Responsible to committee. The superintendent shall be directly responsible
to the Public Works Committee and shall abide by such rules and regulations
as may be adopted from time to time by the Committee and approved
by the Council.
[Amended 9-5-2023 by Ord. No. 23-21]
A.
How constituted; control of expenditure by City Council. All moneys
derived in any manner from the Fassett Cemetery, whether it be from
assessments collected from lot owners, moneys paid for work done by
the superintendent or its employees, moneys received from the sale
of lots or moneys received in any manner or from any other source,
shall be placed in the City of Edgerton General Fund and the City
Council shall have and is hereby vested with full power to control
the expenditure of these funds.
B.
Committee to submit budget to Council. The Public Works Committee
shall, as directed each year, file with the City Finance Director
an itemized statement of the receipts and disbursements pertaining
to the cemetery for the current year and an estimate for the ensuing
year.
[Amended by Ord. No. 96-5; 7-20-2020 by Ord. No. 20-04]
A.
Sale and transfer of lots.
(2)
Sale of lots. The sale of lots shall be under the control of the
superintendent, subject to such rules and regulations as the Committee
and the City Council may from time to time prescribe.
(3)
Conveyance of lots, recording. All conveyance of lots shall be by
deed executed by the City Finance Director and the City Administrator.
No deed to any lot shall be delivered until said lot is fully paid
for. All deeds of lots in said cemetery shall be recorded at length
in a book to be kept for that purpose by the City Finance Director
and, when so executed and recorded, shall vest the title for burial
purposes only in the grantee, his heirs and assigns, subject to the
following rules, regulations, conditions, limitations and reservations
now established and those which may be hereafter adopted by the City
Council for the government or maintenance of said cemetery.
B.
Foundation permits. A fee will be charged for issuance of a "foundation
permit" (for pricing see Cemetery Fee Resolution). This permit is
required before a foundation can be placed in the cemetery. The location
and construction of the foundation has to be approved by the superintendent
of the cemetery.
C.
Interment and disinterment.
(1)
Superintendent to issue permit. No interment shall be allowed in
said cemetery without a written permit issued by the superintendent
or other duly authorized person in charge of said cemetery. The applicant
for a permit shall furnish to the superintendent the name, sex, nativity,
age, cause and date of death of the person to be buried, if known
to such applicant, and shall pay to the City Finance Director for
such interment to cover the opening of the grave, filling the same,
and for attendance at the burial, such sums as may be fixed by the
City Council. The superintendent shall thereupon issue a permit for
such burial and shall keep a record thereof and of the facts furnished
as aforesaid, together with the date of burial and the number of the
lot upon which said interment is made. Said superintendent shall report
monthly to the Committee the permits issued by him and the facts with
reference thereto as above recorded, and the amount paid to the Finance
Director for burial fees. Said Committee shall embody the reports
of the superintendent in their normal annual report, which shall be
filed in the office of the City Administrator. The owners of lots
may allow the interment of other than their immediate family, provided
permission is given in writing and the same filed with the superintendent.
Disinterment and removal of the body shall not be made without the
permission of the Committee or superintendent, the lot owner and the
next of kin of the deceased.
(2)
No burial unless lot paid for. No burial shall be permitted upon
any lot in said cemetery unless the lot is paid for or security for
payment made thereof.
D.
Graves.
(1)
Opening, filling.
(a)
The superintendent shall have charge of digging and filling
of all graves. The cost of digging and filling in of graves shall
be set by the Committee and payment for the same shall be made to
the City Finance Director before any grave is opened.
(b)
Winter grave opening regulations shall go into effect from December
1 to April 1 of each year. Additional fees will be charged for funerals
and/or grave preparation on Saturdays, Sundays and City-recognized
holidays.
(2)
Flowers and plants. The planting of perennials or annuals of taller
than 24 inches on graves shall not be permitted. One flower container
or one shepherd's hook with hanging basket and one solar light shall
be allowed per grave. One flower bed will be allowed on a lot, the
width of the same to be not over eight inches and the length not greater
than 24 inches. All summer flowers and hanging baskets shall be removed
by November 1 of each year or will be removed and destroyed by cemetery
personnel. No trees or shrubs shall be planted without the approval
of the superintendent. (A suggested list may be obtained from the
superintendent.)
(3)
Plastic wreaths or plastic floral arrangements shall be limited to
one for each grave space. All such plastic wreaths or plastic floral
arrangements will be removed and destroyed by cemetery personnel on
April 15 of each year.
(4)
No other objects or memorials are allowed that cannot be placed on
the headstone or its foundation.
E.
Monuments, markers and vaults.
(1)
Lots must be paid for. No monument or grave marker will be permitted
to be erected on a lot which has not been fully paid for.
(2)
Permit. Before any monument or headstone is constructed or placed
upon any lot or grave site, a permit therefor shall be secured by
lot owners or monument firms from the superintendent which shall contain
such information and data as may be prescribed by the Committee.
(3)
Foundation, expense. All foundations for monuments, headstones and markers shall be constructed by monument companies selling or providing such monuments, headstones or markers, and shall be placed, constructed, and provided to conform to the rules and regulations adopted by the Public Works Committee. All expense and costs of said foundation, shall be the responsibility of and be paid by the company or organization selling monument, headstone or marker. A foundation permit is required. (See Subsection B.)
(4)
No advertising allowed. No dealers' or manufacturers' cards or advertisements
shall be marked on any stone or placed anywhere within the limits
of the cemetery.
(5)
Rules for placing monuments. Workmen engaged in placing monuments,
headstones or markers or doing any other work shall provide suitable
planks on which to move the same, and immediately after the work is
completed all rubbish must be cleared away and the ground left clean
and in good condition. Adjoining lots, paths or roads where work is
being done must not be blocked or damaged. All workmen engaged in
erecting markers or other structures are prohibited from tying ropes
to trees, shrubbery or other objects, and are prohibited from littering
grounds longer than is absolutely necessary, and the surrounding lots
must be restored to their proper condition. In cases of neglect such
removal or repair work will be made by the cemetery employees at the
expense of the lot owner or the contractor. Locations for monuments
and foundations must be done under the direction of the superintendent.
(6)
No responsibility for damage. The Committee, the superintendent or
other employee thereof shall not be responsible for any damage to
the lots or structures thereon, or for flowers or plants removed from
any lot. Any damage or loss shall be reported to the superintendent,
who shall endeavor to discover the offender.
(7)
Curbing, fences, etc., prohibited. Curbing or fences of any nature
around lots, or cornerstones or foot markers thereon are prohibited,
and the superintendent may remove the same at the cost of the owner
of such lot.
(8)
Vaults or mausoleums not allowed. No vaults or mausoleums shall be
constructed or erected in said cemetery.
(9)
Concrete boxes or better required. No burials will be allowed unless
the casket is enclosed in a concrete box or better.
A.
Loitering prohibited. No person shall loiter in said cemetery after
dark.
B.
No walking on lots. All visitors shall walk on paths and avenues
and shall refrain from walking over lots to make a shortcut through
the cemetery.
C.
Speed limit. No automobiles or other motor vehicles shall be operated
or driven in the cemetery in excess of 10 miles per hour.
D.
Dogs not allowed. No dogs shall be allowed in the cemetery.
E.
U-turns not permitted. No U-turns shall be permitted on any drive
or avenue.
F.
Rubbish to be deposited in receptacles. No rubbish shall be thrown
on any avenues, walks or any part of the grounds, but shall be deposited
in receptacles provided for that purpose.
G.
Picking flowers, defacing monuments prohibited. No person shall pluck
or remove any flowers, either wild or cultivated, or break any tree,
shrub or plant, or write upon, deface or injure any marker, monument,
or structure in or belonging to the cemetery or any lot owner.
H.
Discharging firearms, catching animals, etc., prohibited. No person
shall destroy bird nests, discharge firearms of any kind or nature,
throw stones or catch or kill any animal on the cemetery grounds.
I.
Firearms prohibited except by military companies, etc. No person
carrying firearms, excepting police or military companies attending
funerals, will be permitted in said cemetery.
J.
Disturbance prohibited. No person shall disturb the quiet and good
order of the cemetery by noise or other improper conduct.
K.
Advertising prohibited. No advertising signs may be erected or maintained
in said cemetery.
L.
Snowmobiles, all-terrain vehicles. No snowmobiles or all-terrain
vehicles are permitted in the cemetery.
A.
By the Committee:
(1)
Power to lay out and alter walks, etc., and make rules. The Committee
may from time to time lay out or alter avenues and walks and make
such rules, regulations, conditions, limitations and restrictions
as it may deem necessary for the government and improvement of said
cemetery, subject to the approval of the City Council. All lots and
owners thereof shall be subject to the conditions, restrictions, limitations,
reservations, rules and regulations now in effect or such as the City
Council may from time to time adopt for the government and improvement
of said cemetery.
(2)
Trees may be trimmed or removed. The superintendent shall have the
right to enter upon any lot and trim or remove therefrom any tree
or shrubbery on such lots when the same becomes detrimental to adjacent
lots, avenues, walks or roads, or inconveniences people passing by,
because of roots, branches or otherwise.
[Amended 9-5-2023 by Ord. No. 23-21]
Definition. As used in this section, the following terms shall
have the meanings indicated:
The cutting of grass at reasonable intervals, the raking
and cleaning of a lot or grave, the pruning and trimming of shrubs
and trees, and such work as may be necessary to keep the lot or grave
in a good and neat condition in the manner as is now regularly done
upon the lots or graves located in said cemetery. It shall also include
the removal of snow from the roadway to the cemetery lot, and the
clearance of a sufficient space adjacent to the lot to facilitate
the conducting of a burial. The construction, repair or replacement
of any foundation, marker, headstone, monument or other structure,
the planting of flowers or plants, the cleaning of monuments or stones,
or any other special work is not included in the term "perpetual care,"
and such work shall be paid for by the lot owner at rates to be determined
by the City Council. The same service given to lots upon which perpetual
care has been paid shall likewise be given lots the upkeep of which
is paid for on the annual assessment plan.
