[HISTORY: Comes from L.L.
No. 30-2022, adopted 4-5-2022, effective 5-3-2022.[1]]
[1]
Editor's Note: This local law also repealed former Ch. 55,
Department of Cemeteries, adopted 3-25-1980 by L.L. No. 32-1980.
This chapter shall be known and cited as the "Town Cemetery
Ordinance."
A.
This chapter shall apply only to cemeteries owned, controlled or
operated by the Town.
B.
The provisions of this chapter shall apply to Town officials or their
agents or designees involved with the upgrading, maintenance, administration
or care of a Town cemetery.
C.
The provisions of this chapter shall not apply to police officers
or firefighting officials or officers involved in carrying out their
official duties.
A.
DIRECTOR
DISTRIBUTEE
DIVISION OF CEMETERIES
GRAVE
GRAVE SECTION
HEIR AT LAW
INTERMENT
LOT
OWNER
PERPETUAL CARE
RESIDENT
TOWN
Definitions. The following definitions shall apply in the enforcement
and interpretation of this chapter.
The person designated by the Commissioner of the Department
of General Services of who is vested with the authority, direction
and control over the operation of the Division of Cemeteries.
See definition of "heir at law."
The Division of Cemeteries of the Department of General Services
of the Town of Hempstead.
The conversion from a lot to an excavated place of burial.
The designated area on a lot which provides space for a grave.
A relative by blood or by marriage who is entitled to take
or share in the estate of a decedent under the New York State estates,
powers and trust statutes governing descent and distribution.
Burial or the act of depositing a dead body in the earth
or family tomb or vault.
A parcel of land within a Town-owned cemetery or burial ground
which entitles the owner thereof to a burial place only, subject to
the provisions of this chapter.
The person or persons named in a deed to a cemetery lot or
his or their heirs at law.
The maintenance and general preservation of graves and lots
to the end that they shall remain and be reasonably cared for as cemetery
grounds forever.
Includes any person domiciled in the Town of Hempstead or
a person who pays taxes on real property situated within the Town
of Hempstead.
The Town of Hempstead.
A.
A cemetery lot, or burial space, shall consist of a deed of conveyance
for a land area or niche. No deed of conveyance will be issued until
payment is made in full. The purchase of a deed of conveyance shall
include perpetual care fee as set by the Commissioner of General Services.
B.
Cemetery lots in Town-owned cemeteries are exclusively for residents
of the Town.
C.
Proof of residence in the Town is required of all purchasers before
a deed conveying a burial space will be issued.
D.
After purchase by and conveyance of a deed to a burial space to a
legal resident, the purchaser thereof, his heirs or distributes will
not be denied the right of burial in said space should the purchaser's
legal residence change thereafter from that of the Town of Hempstead.
A.
Cemetery lots or burial spaces shall be conveyed only for the purpose
of the burial of the purchaser, his or her heirs at law, parents,
siblings or spouse.
B.
All purchases shall be recorded on a deed of conveyance issued by
Division of Cemeteries. The deed of conveyance grants only the right
of burial and does not convey any other right to the lot or burial
space lease. The Town shall complete and, along, sign the form. The
deed shall be subject to the rules and regulations set forth by the
Division of Cemeteries from time to time.
C.
The final decision to sell or not to sell a plot shall rest with
the Division of Cemeteries, at its discretion, pursuant to the rules
and regulations in place at time of potential purchase.
A.
A body, or cremated remains, may be removed from its place of interment
in one grave to another grave or lot in the cemetery where there has
been an exchange or purchase for the disinterment and interment.
B.
Prior to interment, all caskets shall be contained within a vault
or liner made of concrete or other material approved by the Division
of Cemeteries, except that no vault/liner shall be required when the
casket will be placed above an existing casket which is not enclosed
within a vault/liner.
C.
A purchaser may only bequeath or devise the burial rights of his/her
plot to qualified heirs who have relationships to the purchaser-testator/testatrix
by blood or marriage. If there is no will at the time of the purchaser's
death, the laws of intestate distribution as stated in the New York
State Estates, Powers and Trusts Law will govern. A lawful heir or
distributee, as defined hereinabove, may assign his burial rights
to his next of kin, and a joint owner may assign his burial rights
to his joint tenants.
D.
Where more than one person is legally entitled to the possession
of a deed conveying burial rights to a grave or lot, they shall file
a written designation with the Division of Cemeteries for the purpose
of designating a responsible member of the family to retain ownership
and control of said deed, and in the absence, failure or refusal to
make such a designation, the Director shall be empowered to act on
behalf of the person who otherwise would have such authority.
E.
Where a grave or lot is devised and bequeathed by a will admitted
to probate to a relation by blood or marriage, a certified copy of
the will must be filed with the Division of Cemeteries.
F.
In the absence of probate or where there is a probated will which
does not dispose of a grave or lot, an affidavit of heirship will
be required for filing with the Division of Cemeteries in a form approved
by the Division and which states the names and addresses of all heirs
and their relationship to the deceased owner of the grave or lot.
G.
Upon entering the cemetery grounds, all funerals shall be under the
supervision of the Director or designated representative.
H.
After a casket/urn shall enter upon cemetery grounds, under no conditions
shall it be permitted to be opened without written authority from
the Director, after the consent of legal representatives of the deceased
or pursuant to a court order by a court of competent jurisdiction,
as the case may be.
I.
The burial rights of any stepchildren and/or adopted children of
the original plot owner or the lawful heir thereof in the subject
plot shall be governed by the provisions of New York State Estates,
Powers and Trusts Law.
Monuments and headstones shall be permitted in the cemetery,
subject to the following regulations:
A.
All monument bases (foundations) upon which any monument, marker
or other approved memorial must be placed shall be constructed by
the Town.
B.
The installation or removal of a monument, headstone or other memorial
requires the written consent of the Division of Cemeteries.
C.
Inscriptions shall be in English letters, except that foreign inscriptions
may be added after approval is obtained upon application containing
a translation of the foreign inscription into English.
D.
No monument, headstone or other memorial shall be permitted to be
installed unless any indebtedness against the lot or grave is satisfied
and the lot or grave is under perpetual care.
E.
The number, sizes and placement of monuments, headstones or other
memorials shall be determined by rules established by the Division
of Cemeteries to with the view of making all lots correspond with
the uniform grade and aesthetics of the sections and of the surrounding
land.
F.
All monuments and markers must show lot and grave numbers on the
lower left corner, in three-fourths-inch numbers, in a frosted panel.
G.
Other than engravings on the monument, nothing extra shall be added
or annexed to the monument, such as ceramic pictures or like memorabilia.
A.
All interments shall be arranged with the Division of Cemeteries
and performed by town employees or a contractor designated by the
Town.
B.
Appropriate 36 hours' prior notice of interment shall be given
to the Town in advance of any burial, to allow sufficient time for
the for opening of the burial space.
C.
The appropriate application for interment and appropriate identification
of the person to be buried, when necessary, shall be presented to
the Division of Cemeteries prior to interment. If a document has been
lost or destroyed, the Division of Cemeteries shall be satisfied,
from his or her records, that the person to be buried in the space
is an authorized and appropriate one before starting any interment.
D.
All burials, except those of cremated remains, shall be within a
standard vault made of materials as approved by the Division of Cemeteries.
E.
No burial shall take place unless the burial space fee, the fee for
services required to open and close the grave, and all other fees
have been paid in full to the Town. Funeral directors as agents of
the funeral home making arrangements for burials will be responsible
for all financial interment charges if not paid by the owner or his
or her agent.
F.
No burial spaces shall be opened or closed except under the direction
and control of the Division of Cemeteries. This provision shall not
apply to proceedings for the removal and reinternment of bodies and
remains; as the matter is subject to the control of the local health
department.
G.
The town assumes no responsibility for errors in opening graves when
those errors are caused by others.
H.
No lot shall be used for any purpose other than burial of human remains.
A.
All improvement hereafter made shall be made with the view of making
all lots correspond with the uniform grade of the surrounding land.
B.
No grading, leveling or excavating upon a burial space shall be allowed.
Mounds that hinder the free use of lawnmower or other lawn-care device
are prohibited. Surfaces other than earth or sod are prohibited; this
includes stone, limestone, wood chips and the like.
C.
No lot or part thereof shall be enclosed by a fence, railing, coping,
hedge, ditch, post and chain or other similar device.
D.
Only one shrub will be permitted on any one lot, with prior approval
of type of shrub and location by the Division of Cemeteries. The Division
of Cemeteries has the right to order the removal of any trees, plants
and shrubs which are not planted in accordance with these provisions.
E.
Borders, hedges or any type of shrub or flowers around any grave
or lot and the planting of ivy, barberry or rose bushes is strictly
prohibited throughout the cemetery.
F.
The placing or installation of signs, boxes, shells, toys, metal
designs, ornaments, chairs, settees, vases, wood or iron crosses and
similar articles upon or within graves or lots is prohibited, and
the Director may order the removal of any of said articles. Vigil
lights are permitted, subject, however, to the owner's risk of
damage or loss.
G.
Cut flowers may be placed on burial spaces at any time and The town
shall remove same when they become unsightly. Plantings must be no
more than 18 inches from the headstone.
H.
The Division of Cemeteries shall have the right and authority to
remove and dispose of any and all growth, emblems, displays or containers
therefore that through decay, deterioration, damage or otherwise become
unsightly, a source of litter, maintenance problem or are otherwise
a violation of this section. This provision shall not apply to monuments
or markers. Except where the violation or item must be immediately
removed for necessary maintenance or to perform a burial.
I.
Cemetery care includes only seeding and top dressing; cutting and
trimming grass, shrubs and trees; and general upkeep of the cemetery.
Cemetery care does not include the maintenance of monuments, markers
and other memorials.
J.
In Section 26-A of Greenfield Cemetery, no plantings or artificial
flowers of any type are permitted. Only fresh cut flowers placed in
a vase at ground level in back of the marker will be permitted. Glass
containers and vigil lights will not be allowed, and, if found on
graves contrary to these regulations, they will be removed immediately.
The Division of Cemeteries reserves the right to install a committal
shelter for interment services in lieu of a grave side service and
issue rules and fees for the use thereof.
The Town may repurchase any burial space from the owner for
the original price paid minus a 20% owner transfer fee upon written
request of the owner or his or her legal heirs or representatives.
A.
Use of profane or boisterous language is prohibited.
B.
Alcohol is not permitted in the cemetery.
C.
Animals, except leader dogs, are not permitted in the cemetery.
D.
Driving off the established roads is prohibited.
E.
No firearms are allowed in the cemetery, except in the case of military
funerals or ceremonies performed by official veterans' organizations
on federal holidays.
F.
No person shall injure, deface or destroy any burial space, marker
monument, memorial, tree, shrub or other item in the cemetery.
G.
Use of recreational vehicles (ATVs) within the cemetery is prohibited.
H.
Picking of flowers or breaking or damaging trees, shrubs or plants.
I.
Soliciting business of any kind or soliciting contracts or orders
for monuments, headstones or any other work.
J.
Signs, notices or advertisements of contractors, stonecutters, undertakers
or others.
K.
Selling refreshments of any kind.
L.
Hours of interments shall be as follows:
M.
Interments will not be conducted on holidays in which the Town of
Hempstead municipal offices are closed.
N.
Persons operating motor vehicles within the grounds of Greenfield
Cemetery shall observe a fifteen-mile-per-hour maximum speed limit.
O.
No truck, cart or other commercial vehicle shall be permitted within
the grounds of the cemetery except when such vehicle is used in the
conduct of official business with the Division of Cemeteries.
The erection of a mausoleum shall be subject to the following
provisions:
A.
Lots for mausoleums or underground vaults must be at least 1,000
square feet in area.
B.
Plans and specifications for the erection of a mausoleum must first
be submitted for approval by the Division of Cemeteries, as well as
the site and grade of the lot on which the mausoleum is to be erected.
C.
The mausoleum or underground vault shall not occupy more than 30%
of the area of the lot.
D.
No interments shall be permitted within the area of the lot not occupied
by the mausoleums or underground vault.
E.
Perpetual care of the lot to be occupied by the mausoleum or underground
vault must be contracted for by the owner with the Director of the
Division of Cemeteries.
F.
A duplicate key to the door of the mausoleum or underground vault
must be on deposit with the Division of Cemeteries.
Greenfield Cemetery shall maintain a receiving vault for the
repose of bodies, subject to the following regulations:
A.
The receiving vault is for temporary use only, and under no circumstances
shall a body be considered as interred or buried by reason of repose
therein.
B.
The receiving vault may be used by those who desire to make provisions
for final interment, either in this cemetery or elsewhere, upon payment
of the usual charges in advance, subject, however, to the rules of
the Board of Health regarding public vaults.
C.
Before the vault is used, a responsible member of the family of the
deceased must sign an affidavit stating the length of time the receiving
vault will be used.
D.
The remains of any person who has died of an infectious and/or contagious
disease shall not be allowed to be deposited in the receiving vault
unless the body is placed in a metallic-lined box hermetically sealed.
This rule applies also if the body is to be kept longer than 10 days.
E.
The Division of Cemeteries reserves the right to refuse the depositing
of bodies in the vault during the extreme warm weather or during the
prevalence of epidemics.
F.
Upon failure to make suitable arrangements for the final disposition
of the remains temporarily placed in the receiving vault within a
reasonable time or upon failure to pay rental the cemetery may, in
its discretion, remove the body and inter it, after first having mailed
a registered letter to the last known person who made the placement,
stating its intention of making said removal.
G.
The Division of Cemeteries reserves the right, without notice, to
remove from its vault, at once, and inter any remains not in good
state of preservation or when the condition of the body renders its
interment necessary.
H.
The Division of Cemeteries reserves the right to exclude flowers
from the receiving vault.
A.
The Director of Cemeteries may promulgate rules related to the use
and operation of the columbarium, and may set and adjust any fees
reasonably related to the use and operation thereof.
B.
The Town is responsible for the reservation and maintenance of columbarium
niches. The Town will establish records regarding the columbarium.
These records will include the names of those who have purchased a
niche, copies of columbarium right agreements, copies of certificates
of cremation, and columbarium rules and regulations.
C.
A columbarium niche is for the internment of human remains only.
Deceased pets, valuables, flowers, mementoes, etc. will not be allowed
in a niche.
D.
Niche openings can only be performed by Town employees. Anyone, other
than a Town employee, who attempts to open a niche will be prosecuted
under applicable state and local laws.
E.
Any acts of vandalism will also be prosecuted under applicable state
and local laws.
F.
The Town will be responsible for repairs to the columbarium. The
Town will take all reasonable care to ensure the safety of interred
remains. However, the Town will not be held responsible for the loss
or destruction of interred remains due to vandalism, acts of nature
or any unforeseen circumstances.
A.
Independent contractors who undertake various projects within cemeteries
and burial grounds under the jurisdiction of the Town of Hempstead
are hereby designated as either of the following two categories:
(1)
Independent contractors who are engaged in projects under contract
on behalf of the Town of Hempstead; or
(2)
Independent contractors as, for example, monument setters and sandblasters
who are engaged in projects on behalf of individuals, partnerships
or corporations other than the Town of Hempstead.
B.
Independent contractors in Subsection A(1) shall be subject to the following regulations and insurance coverage:
(1)
Independent contractors, their agents or employees shall report to
the Division of Cemeteries before work is instituted in order to obtain
written authorization to work on any particular project and to verify
the location of the job site.
(2)
The independent contractor shall provide a certificate of insurance
showing compliance with worker's compensation and disability
insurance requirements, and, in case any work is sublet, the independent
contractor shall require his subcontractor to provide the same protection
to his employees. The independent contractor shall furnish the Town
with said certificates of insurance attesting to their being in full
force and effect, with an insurance company approved by the Town or
licensed to do business in the State of New York.
(3)
The independent contractor shall furnish the Town with a certificate
evidencing a public liability policy covering the independent contractor's
own operations and those of his subcontractors, which policy shall
include completed operations coverage, as well as contractual liability
coverage, to insure the assumption of liability elsewhere set forth
in the contract.
(4)
The independent contractor shall furnish the Town with a certificate
evidencing automobile liability coverage in comprehensive form for
owned, hired and nonowned automobiles for $1,000,000 bodily injury
for each person, and $1,000,000 for each occurrence, and for property
damage in the amount of $500,000. All automobile coverage shall be
in full force and effect, and notice of cancellation thereof, if any,
must be mailed simultaneously to the Town.
(5)
The independent contractor shall furnish to the Town an owner's
protective liability policy in the name of the Town of Hempstead,
which shall cover any liability of the Town which may arise out of
the operations of the independent contractor or any of his subcontractors.
All liability insurance policies issued shall be in an amount not
less than $1,000,000 for bodily injuries, including death, to any
one person, and subject to the same limit for each person, in an amount
not less than $1,000,000 on account of each occurrence; and for property
damage in an amount not less than $500,000 for each occurrence, and
in an amount not less than $1,000,000 on account of all occurrences.
Said insurance policy shall be obtained by and at the sole expense
of the independent contractor and shall provide that said policy shall
not be in any manner whatsoever changed or canceled, unless not less
than 10 days' prior written notice shall be made to the Town
of Hempstead without any exception to such notice requirement.
C.
Independent contractors in Subsection A(2) shall be subject to the following regulations and insurance coverage:
(1)
Independent contractors, their agents or employees shall report to
the Division of Cemeteries before work is instituted in order to obtain
written authorization to work on any particular project and to verify
the location of the job site.
(2)
The independent contractor shall provide a certificate of insurance
showing compliance with worker's compensation and disability
insurance requirements, and, in case any work is sublet, the independent
contractor shall require the subcontractor to provide the same protection
to his employees. The contractor shall furnish the Town with said
certificates of insurance attesting to their being in full force and
effect, with an insurance company approved by the Town or licensed
to do business in the State of New York.
(3)
The independent contractor shall furnish the Town with a certificate
evidencing automobile coverage in comprehensive form for owned, hired
and nonowned automobiles for $1,000,000 for bodily injury to each
person, and $1,000,000 for each occurrence, and for property damage
in the amount of $500,000. All automobile coverage shall be in full
force and effect, and notice of cancellation thereof, if any, must
be mailed simultaneously to the Town.
(4)
The independent contractor shall furnish the Town with a certificate
evidencing a public liability policy covering the independent contractor's
own operations and those of his subcontractors in an amount of not
less than $100,000 for all damages arising out of bodily injury to
one person and a limit of $300,000 for each occurrence, and for property
damage in an amount not less than $50,000 for any occurrence and in
an amount not less than $100,000 on account of all occurrences. This
liability coverage shall be in full force and effect, and notice of
cancellation thereof, if any, must be mailed simultaneously to the
Town.
D.
Independent contractors, their agents and employees are to abide
by the same designated working hours as exist for employees of the
Division of Cemeteries.
E.
Labor shall be dispensed with when in conflict with the reverence
expected during funeral services at the grave site.
F.
Independent contractors shall reinstate the area of the work site,
after the project is completed, in as nearly the same condition as
it was before work was commenced on the project, so that no unkempt
condition shall remain; accordingly, rubbish shall be removed and
deposited in containers within the cemetery reserved for that purpose.
The Director of the Division of Cemeteries shall have supervision
of all matters, including personnel and maintenance of personnel records,
maintenance of accounting and divisional records, including budget
control and statistical analysis and overall direction and coordination
of activities of the Division. The Director shall supervise the employees
of the Division of Cemeteries both in the office and outside the office
in the cemetery burial grounds.
A.
A single niche is 12 inches by 12 inches.
B.
The urn must be of a material suitable for interment (no cardboard).
The Town shall have full authority to refuse to accept for interment
any receptacle deemed unsuitable. Leaving the cremated remains in
the urn sent by crematorium is allowed as long as it meets the above
requirements.
A.
Upon payment in full, a columbarium right agreement will be given
to the person or persons who purchased the rights to the niche, hereby
known as the lessee(s). This is their proof of payment and should
be kept in a safe place that is known to family members or friends.
The lessee(s) will receive a copy of the columbarium rules and regulations.
B.
The holder of the agreement acquires no property rights in the columbarium
or any of its niches. Legal title to the columbarium and niches remains
with the Town at all times. The agreement attests only to the right
to inter cremated remains of the person(s) named on the agreement
in the specific niche, also stated on the agreement, pursuant to the
columbarium rules and regulations, as amended from time to time. In
the event of a discrepancy between the agreement and the administrative
records, the latter shall take preference.
C.
Columbarium right agreement for a niche can only be made through
the Town. A niche must be paid in full before internment. The Town
will buy back a niche from the owner for the original price minus
a 20% ownership transfer fee paid upon written request of said owner
or his/her legal heirs or representatives.
D.
A niche reservation cannot be transferred or sold.
A.
Interment arrangements must be made by the lessee or the lessee's
family; this can be done through a funeral home or by contracting
the Town directly.
B.
A copy of the certificate of cremation must accompany the cremated
remains. Any orders from the funeral home are considered orders from
a family.
C.
Any funeral home costs are the responsibility of the lessee or the
lessee's family. An opening and closing fee will be assessed
at the time of the opening at the current rate.
A.
To maintain the columbarium in a uniform manner, the town will arrange
for the engraving of the niche plaque and/or scroll. Only first and
last name, date of birth, and death date will be allowed.
B.
Only one font scroll will be allowed on all niche plaques.
C.
An engraving fee will be assessed at the time of interment. Niche
plaques are required to be engraved.
No flower arrangements, plants, wreaths, toys, or mementoes
will be allowed to be placed near the columbarium at any time, except
at the time of interment.
A.
In the event that the columbarium requires repairs in order to maintain
its integrity, the lessee(s) agrees to permit the temporary removal
of any cremated remains until those repairs are completed. The cremated
remains will be returned to the proper niche by the Town.
B.
If cremated remains must be removed from the columbarium by the family
or an authorized person, a written request must be made to the Town.
This request must explain the reason for the removal, who is making
the request, their relationship to the deceased, the day and time
requested for the removal, and who will take possession of the cremated
remains. Additional information or documentation may be required.
C.
An opening and closing fee will be assessed at the time of the opening.
The Town will exercise reasonable care in making a removal, but it
assumes no liability for damage to any urn in the process of making
a removal.
D.
If a niche's cover has already been engraved, the cost of replacement
cover is not the responsibility of the Town. Replacement covers can
be obtained from the Town at the current established price.
Any person or persons, association or corporation committing
an offense against any provision of this chapter shall be guilty of
a violation, and shall be subject to a fine of up to $500 as may be
determined by a court of jurisdiction.
