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)
A.
Deed:
1.
Preparation—Submittal to Council: After receiving a lot payment from the sexton, the clerk-treasurer shall prepare a deed which shall be submitted to the governing body of the municipality at its first regular meeting of the succeeding month.
2.
Execution—Limitation: Upon approval of such deed by the governing body, such deed shall be signed by mayor and attested by the town clerk-treasurer under the seal of the municipality. Such deed shall specify that the person to whom it is issued is the owner of the lot described therein. The governing body may limit the number of such lots which shall be owned by any one person at the same time.
B.
Record: The town clerk-treasurer shall also keep an alphabetical record of all persons buried in Mount View cemetery, showing the lot in which interment took place, together with the date, name and owner of the lot.
(Ord. 454, 7-8-1985)
A.
Open to Public: The Mount View cemetery shall be open to the public from sunup until one hour after sundown each day and shall be closed from one hour after sundown each day until sunup the following day.
B.
Unauthorized Personnel: Any unauthorized personnel found upon the above described premises during the period of time each day that such public facility is closed to the public use shall be in violation of this section.
(Ord. 454, 7-8-1985)
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.
(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)