All lots in the cemetery grounds owned by the Town of Wilson, known as "Greenwood Cemetery," and any other cemeteries that the Town may operate are hereafter to be sold in accordance with the applicable statutes of the State of New York and the provisions of this chapter hereinafter to be sold in accordance with the applicable statutes of the State of New York and the provisions of this chapter hereinafter set forth. No lots sold hereunder or now used as a burial place shall be used for any other purpose than a burial place for deceased human beings.
[HISTORY: Adopted by the Town Board of the Town of Wilson 7-7-1980 by L.L. No. 2-1980; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
The Town Board of the Town of Wilson does hereby create the unofficial position of Registrar. Such a position shall be filled by appointment of the Town Board. The person appointed to such position shall not be given the status of an officer of the Town of Wilson but shall have the status of cemetery registrar acting for and on behalf of the Town Board and shall act only in accordance with the provisions of this chapter. There shall be no compensation for employment in such position as Registrar, except as hereinafter set forth. An audit of all records, including financial, as well as a performance review, shall be done by the Town Board annually in January.
The Registrar shall be responsible for selling lots in the cemetery and, in general, for carrying out such transactions as are necessary and appropriate in the sale of such lots and the transfer of title to the same. In addition, the Registrar shall arrange for all interments and have the responsibility for seeing that lot sales and interments in the cemeteries are carried out in accordance with the provisions of this chapter. The Registrar shall be entitled to receive as a commission for the sale of lots sold by him/her such amount as the Town Board shall fix from time to time. The Registrar shall be responsible for the keeping of complete records of lot sales, interments, and ownership of lots within Greenwood Cemetery and any other cemeteries that the Town may operate and shall make or cause to be made such books, records, lists or maps which are necessary and appropriate for these purposes. No private lots shall be maintained by the Town of Wilson.
A.
The rates to be charged for the sale of lots and interments in Greenwood Cemetery and any other cemeteries that the Town may operate and all other cemetery charges, including, without limitation, charges for single-grave sites, double-grave sites, four grave plots, six-grave plots and eight-grave plots shall be established and thereafter may be increased, decreased, eliminated, or altered in any other fashion by resolution of the Town Board.
B.
There shall be reserved by the Town Board within Greenwood Cemetery and any other cemeteries that the Town may operate a section of such cemetery which shall be used only for single-grave sites. The sections so reserved shall be appropriately marked on the records and maps of Greenwood Cemetery and any other cemeteries that the Town may operate. The charges for purchase and/or interment therein shall be governed by the provisions of Subsection A above.
C.
The Registrar shall be responsible for collecting and turning over to the Town all interment fees and gross consideration received for the sale of any lots. Commissions payable to the Registrar for the sale of lots shall be made after submission and audit of a voucher by the Town Board in accordance with the Town Law.
No interment shall be allowed without a permit being first obtained from the Registrar. At the time for applying for the permit, the following information must be furnished:
Lot owners are prohibited from allowing interments to be made on their lots for compensation. Interments in a lot are restricted to those entitled to burial therein according to the provisions of § 1401 of the Not-For-Profit Corporation Law. Permission for burial of those not entitled to burial according to said section must be filed with the Town Board of the Town of Wilson by the lot owner(s).
No lot owner may transfer his or her lot or any lot except as set forth in § 1401 of the Not-For-Profit Corporation Law; subject, however, to also obtaining the consent of the Town Board of the Town of Wilson acting through its duly authorized Registrar.
Corner posts or markers of suitable material may be erected by the Town of Wilson at the corners of plots or lots at the sole discretion of the Town Board. Only the Town of Wilson, through its appropriate agent, may erect such corner markers.
The Town Board of the Town of Wilson expressly reserves the right and power to plant and cultivate such trees, shrubs and flowers as it may deem proper within the grounds of Greenwood Cemetery or any other cemeteries that the Town may operate. The planting of trees, shrubs, and flowers by others, including lot owners, shall not be done except as may be specifically authorized by the Town Board or its duly appointed and authorized registrar.
A.
The Town Board of the Town of Wilson, through its Town Board reserves the right to approve the design of any monument, memorial, headstone or other marker and all vaults, tombs, effigies or other structures placed within said cemetery, and if such approval is not secured for the installation of any such structure prior to the installation thereof, the Town Board, shall have the right to remove such structure or marker at the lot owner's cost and expense. The Town Board may initiate any action at law to collect such expenses.
B.
Urns, crocks, and other such structures of a permanent nature built or designed for the holding of flowers or other plantings will not be permitted or allowed within the cemetery grounds except where specific authorization and consent is obtained from the Town Board of the Town of Wilson acting through its duly appointed and authorized agent.
C.
Except as otherwise set forth, temporary wooden, iron, glass or other markers, tablets, metal wreaths, baskets, boxes, easels, urns or trellises or miscellaneous objects shall not be placed upon graves or lots. The Town of Wilson will not be responsible for loss or damage to any portable articles left upon any lot, grave or other part of the cemetery.
D.
Fences, copings, hedges, or other enclosures around or within lots or graves will not be allowed.
E.
Funeral designs or floral pieces will be removed as soon as they become unsightly. Employees will decline to attempt finding them after being so removed.
F.
No glass or plastic containers or plastic flowers shall be permitted or allowed on any grave site or any portion of the grounds of Greenwood Cemetery or any other cemetery that the Town may operate. Wreaths on easels will be permitted between November 15 and March 15 and for a period of two weeks immediately before and after Memorial Day of each year.
G.
All planting of shrubs, flowers, etc., shall be made under the supervision and direction of the Town Board and the right is hereby expressly reserved to remove any trees, shrubs, flowers, etc., not so planted, without prior notice to the lot owners. Unsightly, unmaintained plantings shall be removed. Anything removed in violation of the above rules will be retained for three months by the Town.
H.
Cut flowers may be placed upon graves; however, they shall be kept solely within metal containers which shall be placed in the soil so the tops of such containers shall be on a level with the ground.
The Town Board of the Town of Wilson hereby expressly reserves the right to approve all foundations for any monument, marker, urn, vault, tomb, headstone, or any other structure which is allowed or permitted within the grounds of Greenwood Cemetery or any other cemetery that the Town may operate. The Town Board also reserves the right to approve the placement of any marker, memorial, headstone, or other structure. In addition, foundations for and under all of the above-named structures, and any other similar structures to be placed in the cemetery, shall be required unless expressly waived, in writing, by the Town Board. Such foundations shall be constructed of a suitable material, such as concrete, and they shall be of a size at least equal to the area of the bottom of such structure and shall extend to a minimum depth of 40 inches below the ground surface.
The Town Board reserves the right to remove any article found within the grounds of Greenwood Cemetery, or any other cemetery that the Town may operate, not permitted in accordance with the provisions of this chapter. In addition, agents and employees of the Town Board shall have the right to enter upon or use any adjoining lot or lots to carry out its responsibilities as to interment or maintenance of the cemetery.
All persons are prohibited from writing upon, defacing, marking, cutting or otherwise injuring any monument, tree, fence, or other structure and from picking any flowers, wild or cultivated, breaking or injuring any tree, shrub or plant in or belonging to Greenwood Cemetery or any other cemetery that the Town may operate.
The Town of Wilson assumes no responsibility for monuments, memorials or markers or any other articles of any nature removed from any lot or grave or for any damage or destruction of any such articles.
An abstract of the appropriate provisions of this chapter shall be made and attached to every deed conveying any lot or lots within Greenwood Cemetery or any other cemetery the Town may operate; however, the provisions of this chapter shall be applicable to all lot owners and all other persons, whether actual notice of these rules and provisions has been given to such owners or persons.
A.
A violation of any provision of this chapter is hereby declared to be an offense punishable by:
(1)
A fine not to exceed $350 for a conviction of a first offense.
(2)
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
(3)
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
B.
Each week's continued violation shall constitute a separate additional violation.
C.
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
The Town Board of the Town of Wilson reserves the right to amend those rules and the provisions of this chapter without notice to any person; however, every effort will be made to communicate the same to lot owners.
The hours for the operation of Greenwood Cemetery or any other cemeteries that the Town may operate are from sunrise to sunset as the same may vary from season to season. The Town Board reserves the right to close, lock up and secure the cemetery at any time, including the hours during which said cemetery is officially closed. There shall be no unnecessary traffic or movement throughout or within said cemetery, and all persons are prohibited from driving through or parking in said cemetery, except where there are bona fide reasons to be present on the grounds which are directly related to the purposes and operations of the cemetery. Unaccompanied minors are not permitted in the cemetery.
A.
No person shall cause the remains of a human being to be buried, or establish a burial ground for such purpose, by disposal or burial by cremation or in a grave, mausoleum, vault, columbarium or other receptacle within the Town of Wilson, outside of the Village of Wilson, nor set apart and recognize as a municipal, religious, or not-for-profit corporation cemetery, without the consent of the Town Board after a public hearing and having deposited adequate and appropriate funds for perpetual maintenance of said grounds, including fencing and upkeep.
B.
The Town Board shall consider availability of suitable and appropriate approved sites, the health and safety of the community, the character of the site under consideration as appropriate for a burial site, the likelihood of the site becoming a public charge as well as considerations raised under NYS Environmental Quality Review Act (SEQRA).
C.
A bond shall be deposited with the Town of Wilson to insure adequate and appropriate funds are available for the maintenance of said burial grounds. The amount of the maintenance fund shall be determined annually by the Town Board.
D.
"Adequate and appropriate funds" is a relative term to be determined by the Town Board of the Town of Wilson in each instance to establish an adequate trust fund for the perpetual maintenance of said grounds; however, in no event shall it be less than $10,000.
E.
Any person who shall be found to violate any provision of this section shall be served by the Town Zoning/Code Enforcement Officer with written notice providing a reasonable time limit for the exhumation of buried remains. The offender shall, within the period stated in such notice, permanently cease all violations. Any person who shall continue any violations beyond said time limit shall be guilty of an offense and, upon conviction thereof, shall be fined an amount not exceeding $250 for each violation. Each day in which any violation shall continue shall be deemed a separate offense. The provisions of this section shall be in addition to and shall not preclude the enforcement of this chapter by application to the New York State Supreme Court for injunctive relief or by any other lawful remedy. Any person violating any of the provisions of this section shall become liable to the Town for any expense, loss or damage, including attorney's fees, occasioned by reason of such violation.
A.
Cost will be set by the Town Board and can be changed at any time.
B.
Lettering size is determined by the Town Board.
C.
The only lettering allowed is name, year of birth and year of death. No other marks or symbols are allowed.
D.
Veteran marker plates size 8 1/2 x 6 inches are the only size allowed.
E.
Placement of plaques. For Lakeside interments, placement shall be on the west side end of the columbarium. For Creek side interments, placement shall be on the east side end of the columbarium.
F.
The cost of sandblasting and the company hired to do it shall be determined by the Town Board.
G.
The size of packaging shall determine how many interments may be placed in the niches with a maximum of two cremains. Containers must fit in the space provided, and burial of cremains is available.