Mount View cemetery, as the same is designated on the plat on
file in the office of the town clerk-treasurer and town sexton, is
hereby made and designated the "Mount View cemetery."
(Ord. 454, 7-8-1985)
A. Employment:
The mayor and the town council may employ suitable and competent persons
as sexton and deputy sexton. The sexton and deputy sexton shall be
in charge of the Mount View cemetery, under the direction of the mayor
and town council, with the duties and responsibilities as set forth.
B. Responsibilities:
1. Sale
of Lots: Any person desiring to purchase a burial lot in Mount View
cemetery shall make application to the sexton, who shall, upon payment
to him or her of the price of the lot, issue a receipt for such payment.
2. Reports:
The sexton of the Mount View cemetery shall, quarterly, render a full,
true, correct and accurate report to the governing body of the municipality
of all burial lots sold, graves opened and closed and money received
during the preceding quarter, to which report shall be attached a
receipt from the town clerk-treasurer evidencing that all money collected
by the sexton has been remitted to the town clerk-treasurer.
3. Monuments:
The sexton shall be in charge of all supervision and settings of all
monuments.
4. Graves:
A layout of all graves, opening and closing of the graves will be
authorized under the direction of the sexton.
5. Installation
of Family Memorial, Headstone or Marker:
a. Verification
of Location: In order to properly assure compliance with the provisions
of this chapter, no individual may erect a family memorial, headstone
or marker in the Mount View cemetery until its location has been verified
by the sexton.
b. Installation:
Such installation must conform in all respects with the specifications
and regulations herein set forth governing the erection of memorials,
headstones and markers.
6. Sites
Available for Sale: The sexton shall make available for sale gravesites
designated on the plat by a suitable check, and only those gravesites
so marked will be sold.
(Ord. 454, 7-8-1985; 2003 Code; Ord. 650, 8-10-2017)
A. Rates:
Each gravesite shall be sold at the rate of:
Town Resident
|
$300.00
|
Non-Resident
|
$600.00
|
B. Opening
or Closing: The opening or closing of graves shall be charged the
following prices per grave. There shall be no opening or closing of
graves on Sundays.
Opening and closing grave—Burial
|
Town Resident
|
$480.00
|
Non-Resident
|
$960.00
|
After Hours/Saturday/Holiday
|
Town Resident
|
$720.00
|
Non-Resident
|
$1,440.00
|
Opening and closing grave—Cremation
|
Town Resident
|
$300.00
|
Non-Resident
|
$600.00
|
After Hours/Saturday/Holiday
|
Town Resident
|
$450.00
|
Non-Resident
|
$900.00
|
C. Filing
Fee: A filing fee of $15 to file the cemetery deed must be paid at
the time the plot is purchased.
D. Perpetual
Care: All lots hereafter sold in Mount View cemetery shall be sold
with perpetual care.
E. Purchase
for Resale: No cemetery lot or grave space in Mount View cemetery
shall be sold to anyone for the purpose of resale.
F. Resale
of Unused Lots: Lots not in use may not be resold to the town; however,
they may be resold to other individuals at a price no higher than
what they were purchased for.
G. Requests
for Opening—Sales: All requests for opening and all sales must
go through the office of the Mount View cemetery sexton.
(Ord. 454, 7-8-1985; Ord. 575, 8-4-2008; Ord. 684, 9-24-2020; Ord. 699, 4-28-2022)
No person shall arrange for or cause human remains to be interred on Sundays or legal holidays in Mount View cemetery. Interments may be made Monday through Saturday from 9:00 a.m. to 4:00 p.m. Opening and closing of graves may be done at other hours, subject to direction by the council. The county health officer shall also have discretion to provide opening and closing at other hours. (See also subsection
6-4-3B.)
(Ord. 454, 7-8-1985; 2003 Code)
Before any disinterment shall be made, satisfactory evidence
shall be given to the town clerk-treasurer of the approval of the
town, as well as the consent of next of kin and/or an order from the
district court.
(Ord. 454, 7-8-1985; 2003 Code)
A. Power to
Declare Abandoned: The municipality may declare abandoned the ownership
of any unoccupied parcels of land in Mount View cemetery whenever
there has been no contact with or knowledge of the owners, heirs,
or assigns, as the case may be, of such lots or parcels for more than
25 years.
B. Notice:
Prior to declaring such abandonment, notice shall be served by registered
mail at the last known address of such owners, heirs, or assigns.
In the event that the address cannot be ascertained, notice shall
be given by one publication in the Basin Republican Rustler. Said
notice shall allow 30 days for the owners, heirs, or assigns to advise
the municipality of their identity and address; and if they do so,
the municipality shall not declare the abandonment.
C. Failure
to Communicate: Upon the failure of the owners, heirs, or assigns
to so communicate with the municipality, it may, by resolution, declare
such lots or parcels abandoned.
D. Reclaiming
of Unsold Lots: So long as such lots or parcels remain unsold, the
owners, heirs, or assigns may reclaim them by identifying themselves
and establishing their right to such lots or parcels.
(Ord. 454, 7-8-1985; 2003 Code)
A. Performed
by Town: Except as otherwise provided herein, all grading, landscape
work, and improvements of any kind, and all care of lots shall be
done, and all trees, shrubs and herbage of any kind, shall be planted,
trimmed, cut or removed by the Town. The Town shall further be responsible
for the opening and closing of graves. The Town shall not be responsible
for interments, disinterments or removals or the handling of cremains.
The committal of the coffin for burial or cremation can be regarded
as the climax of a funeral. Representing the physical separation of
the living from the dead, it powerfully confirms the reality of loss.
For this reason it is as distressing as it is therapeutic. In respect
of burial, the lowering of the coffin is a task carried out by the
funeral director.
B. Improvements:
All improvements or alterations of individual property, in the cemetery,
shall be under the direction and subject to the consent and satisfaction
and approval of the town. Should they be made without written consent
or in the event, at any time, in the judgment of the town, they become
unsightly to the eye, the town shall have the right to remove, alter,
or change such improvements or alterations, at the expense of the
lot or space owner. For permission to alter, improve or change in
any way a lot, permission should be sought from the office of the
town clerk-treasurer.
(Ord. 454, 7-8-1985; Ord. 678, 12-12-2019)
The town council shall have the right to correct any error that
may be made by them, or their employees, whether in making interments,
disinterments and reinterments, or in the description, transfer and
conveyance of any interment property. This may be done either by directing
the cancelling of such conveyance and substituting and conveying in
lieu thereof interment property of equal value or by refunding the
amount of money paid on account of said purchase. In the event such
errors shall involve the interment of the remains of any person in
said property, the town reserves the right to remove and transfer
said remains so interred to such other property of equal value and
similar locations as may be substituted in lieu thereof.
(Ord. 454, 7-8-1985; 2003 Code)
A. Opening:
No grave on any lot shall be opened, except under the direction of
the sexton and town crew.
B. Areas
Reserved for Veterans: In those areas reserved for veterans only,
United States government monuments or markers or monuments of similar
construction and size shall be placed upon the graves.
C. Outer
Cases: All caskets require one of the following:
(Ord. 454, 7-8-1985; 2003 Code)
A. Burial
of Animals: No animals shall be buried in Mount View cemetery.
B. Curbs
or Fences: No curbs or fences shall be constructed within Mount View
cemetery.
C. Monument
Bases: Monument bases shall be flush with the ground level and shall
extend at least four inches (4″) beyond any standing object (vases,
headstones, markers).
D. Advertising:
No advertising of any kind shall be placed within Mount View cemetery.
E. Damage:
Persons doing work of any kind in Mount View cemetery shall be held
responsible for any damage done by them to trees, grass or any other
property.
F. Feature
Memorials: Certain locations have been allocated and designated in
Mount View cemetery for the erection of "Feature memorials." No individual,
group or organization shall be granted permission to give or erect
such a feature memorial until such design, location and landscaping
have been approved by the governing body.
G. Family
Memorials, Headstones and Markers: All family memorials, headstones
and markers shall be made of concrete, metal or stone, placed at the
head of the grave and shall be centered at least six inches (6″) from
the west edge of a concrete base. Only one upright memorial, headstone
or marker is allowed per grave. All others need to be flush with the
surface.
H. Shrubs,
Trees or Plants: No shrubs, trees or plants shall be planted on any
lot. Places on public land in the vicinity may be used for plantings
and these areas shall be designated by the sexton of Mount View cemetery.
All planting shall be done only after approval of the location by
the sexton.
I. Cut Flowers,
Potted Plants, Wreaths and Blankets: Cut flowers, potted plants, wreaths
and blankets shall not be allowed to remain on grave lawns longer
than three days. Unless removed by the owner within that time, they
shall be removed. Owners shall be responsible for their own vases
or containers. Flowers, plants or wreaths may be left indefinitely
on lots if placed upon a permanent and substantial foundation or base
which shall be flush with ground level and extend at least six inches
(6″) beyond the flowers, plants or wreaths in place on such foundation
or base.
J. Use of
Driveways—Injury to Property: No person shall ride or drive
upon any place within Mount View cemetery, other than the platted
driveways, nor deface, injure or destroy any monument, tomb, grave
or gravestone or any board or other object set to mark any grave,
nor break, injure or destroy any gate, fence, grass plot, shrub, tree
or ornament of any kind within the cemetery.
K. Disturbing
Sod—Making or Removing Plantings: No person shall disturb the
sod on any lot or grave or make or remove any plantings, except in
accordance with regulations and with permission of the sexton.
L. Performance
of Work—Rubbish: All work shall be done as rapidly as possible
and any rubbish shall be immediately removed by those responsible
therefor. No rubbish or material of any kind shall be scattered or
placed upon any other lot or burial spaces.
M. Cremains:
No cremains can be spread on top of grave sites.
(Ord. 454, 7-8-1985; 2003 Code)
The town, through the town council, will have the right to bring
an action to restrain or enjoin any person who violates the provisions
of this chapter, and to restrain or enjoin any person from doing or
failing to do any acts prohibited or required by this section. The
town, through the town council, may also bring an action for damages
against any offenders.
(Ord. 454, 7-8-1985)