Chapter 17 Belleville Cemetery

Definition of cemetery lot. Pursuant to Section 157.061(2m), Wis. Stats., "cemetery lot" means a grave or two (2) or more contiguous graves and, when used in reference to the sale, purchase or ownership of a cemetery lot, includes the right to bury human remains in that cemetery lot.

Price of lots. The Village Board shall, from time to time, fix a price on all lots to be sold or transferred in the Belleville Cemetery.

Sale of lots. Persons or their agents desiring to purchase a lot in the cemetery are referred to the Village of Belleville Public Works Department ("Public Works Department"). The Public Works Department will have available suitable plats showing size and price of lots, and such other information as may be required, and will render assistance to those desiring to make lot purchases.

§ 17.014 Ownership rights of interment.

Site preparation fee. Fees shall be established annually by the Village Board. The fee will be charged at time of internment. Fees will cover such costs as marking the graves at time of burial, marking placement of monuments and assisting with grave digging activities.

The lot owner of his or her authorized agent shall have the right to use a lot or portion of a lot for burial purposes only in accordance with state law and the terms of this chapter.

(a)

Upon full payment of the purchase price of a lot, the Village Clerk shall issue a cemetery deed. The cemetery deed shall be signed by the Village Clerk and Village Administrator, sealed with the Village Seal and acknowledged to entitle it to be recorded with the Dane County Register of Deeds.

(b)

While any person is buried in a cemetery lot, the cemetery lot shall be inalienable, without the consent of the Village, and on the death of the owner, ownership of the cemetery lot shall descend to the owner's heirs, but any one or more of such heirs may convey to any other heir his or her interest in the cemetery lot. No human remains may be buried in a cemetery lot except the human remains of one (1) having an interest in the cemetery lot, or a relative, or the husband or wife of such person, or his or her relative, except by the consent of all persons having an interest in the cemetery lot and the Village.

Lot owners may not resell or transfer their lots or parts of lots except as outlined below:

(a)

The Village Clerk shall enter in the record kept for that purpose all deeds of transfer and reconveyance of cemetery lots. No such reconveyance shall be received and recorded by the Village Clerk until a fee set by the Village Board has been paid therefor.

(b)

Reconveyance of lots or parts of lots may be made only by written application to the Village Clerk. Such application shall be executed by the owner of the lots or, if the owner is deceased, by the legal heirs. The application shall state the section, block and grave number.

(c)

No owner of a cemetery lot shall sell, transfer or assign the same or the unused portion thereof to any other person without the Village's written consent. If the owner of any lot or part thereof should sell or transfer the same without giving notice to the Village, except through probate, of such transaction, such sale or transfer shall be null and void.

§ 17.015 Care of lots.

All lots sold in the cemetery shall be provided with perpetual care services.

Funds collected for the purpose of perpetual Cemetery maintenance and care shall be used for, but not be limited to, the maintenance of lawn, leaf disposal, filling sunken graves, and caring for avenues, alleys, fences, and grounds in general. It is understood that such expenditures shall be made at the discretion of the Village.

§ 17.016 Privileges and restrictions.

The Public Works Department shall maintain a privileges and restrictions list. The list shall be provided to all lot owners at the time of sale and to the owner's heirs at time of interment.

All landscaping, care of lots and other work in the cemetery will be done by the Village, its employees, agents, or contractors, or Village approved volunteers acting under the direction or supervision of the Village.

Approval and limitations for volunteers.

(a)

Individuals or groups wishing to volunteer must submit a request to the Public Works Department for approval prior to performing any work in the cemetery.

(b)

Approved volunteers shall be considered agents of the Village only for the duration of the approved volunteer activity and while acting under the direction or supervision of the Village.

(c)

Volunteer work is limited to non-invasive care, such as litter removal, placement of flags or flowers, light cleaning of headstones, or other activities expressly approved by the Village. Volunteers may not perform landscaping, excavation, chemical treatments, or any activity that may disturb gravesites, markers, or permanent plantings unless specifically authorized by the Public Works Department.

(d)

The Village reserves the right to deny or revoke volunteer approval at any time if activities are deemed unsafe, disruptive, or inconsistent with cemetery maintenance standards.

The Village reserves the right for its employees, agents, and those persons necessary to the performance of normal cemetery operation to enter upon or cross over any lot in the cemetery in the performance of such duties.

The Village, its agents, employees, or approved volunteers assume no liability for damages to property or to person, or for physical or mental suffering arising out of the performance of its operations, or for loss by vandalism, or for other acts beyond its control.

The Village reserves the right to alter, change or close alleys, roadways, water mains and other physical public properties of the cemetery.

§ 17.017 Rules for visitors.

The cemetery will be open to visitors at all times from 6 a.m. to 10 p.m. daily. Permission to enter the cemetery at any other time must be obtained from the Public Works Department.

Children under sixteen (16) years of age will be admitted only when accompanied by parents or guardians.

Persons or picnic parties with refreshments or alcohol beverages are not permitted within any municipal cemetery.

Firearms will not be allowed in the cemetery except in conjunction with military funerals. At all other times, firearms, bows and arrows, slingshots and other like articles will not be allowed.

Visitors are required to use the walks and drives whenever possible and shall not pick any flowers (either wild or cultivated); injure any shrub, tree or plant; or mar or deface any monument, stone or structure in the cemetery.

No vehicle shall be driven in a municipal cemetery except on roads designated for that purpose, nor shall such vehicle be driven in a reckless manner.

§ 17.018 Interments.

Interments will be made only during daylight hours unless with prior approval of the Public Works Department.

All interments shall be made in a permanent outer burial container as defined in Section 157.061(11g), Wis. Stats., excluding the use of wood.

All graves shall be dug at no cost to the Village but with the permission of the Public Works Department. Any costs incurred by or billed to the Village shall be passed on to the plot owner or their estate.

No burial will be permitted until a report for final disposition of a human corpse has been presented to the Village Clerk and authorization has been granted.

There will be no responsibility on the part of the Village for the protection and maintenance of items used in conjunction with funerals, including but not limited to flowers, wreaths, and emblems.

The interment of two (2) or more bodies, none of which are cremated remains, in one (1) grave will not be allowed, except in special circumstances with the approval of the Public Works & Properties Committee.

(7)

The interment of up to four (4) cremated remains may be allowed in one (1) lot. The minimum container requirement for cremated remains shall be as supplied by a crematorium.

§ 17.019 Monuments and markers.

Regardless of the number of interments per grave, only one (1) marker will be allowed on a lot. Grave markers and foundations will be set only by the monument company according to regulations specified by the Public Works Department. Except as herein otherwise provided, under no conditions will the Village construct monument or marker bases or erect monument or markers on bases. The Village requires the construction of a foundation of such size, material and design as will provide ample protection against settlement or injury to the stonework. The top of the concrete foundation will be constructed flush with the ground line. Whenever possible, all markers will be set with a five (5)-inch margin.

Unless special arrangements are made with the Public Works Department, the setting of monuments, stones and markers and the transportation of all tools and materials within the cemetery grounds shall be conducted between the hours of 7:00 a.m. and 3:00 p.m., Mondays through Fridays, except on national holidays. Heavy trucking will not be permitted within the cemetery when, in the opinion of the Public Works Department, such work might cause damage to the driveways. Except when special permission from the Public Works Department is obtained, all work as described in this section shall be completed and debris removed immediately.

The Village reserves the right to refuse permission to erect any monument not in keeping with the good appearance of the grounds. The size of the monument and/or stonework must be given to the Public Works Department and approved before said work will be permitted on a lot. All monuments must be set in line with other monuments so far as possible as directed by the Public Works Department.

Stonework or monument work, once placed on its foundation, shall not be removed, except by permission of the Public Works & Properties Committee.

Temporary markers must be removed or replaced with a permanent marker within nine (9) months.

§ 17.020 Trees, shrubs, and flowers.

The planting of trees and shrubs or any other plant or flower on any lot will not be permitted.

The removal of any trees, shrubs and/or stumps will be done by the Village under the direction of the Public Works Department.

Fresh cut, potted or artificial plants and flowers are permitted on the lot; however, all plantings must be either attached directly to the monument or staked in the ground (using plant stands or shepherd hooks) directly adjacent to the cement wash at the base of the monument at the ends of the monument. No plants, flowers, etc., except during the months of December and January, may be placed at the front or back of the monument that will impede lawn maintenance. If these plants and flowers are not maintained and they become unsightly or undesirable, they will be removed by the Village.

§ 17.021 General provisions.

A schedule of the fees and charges, as established by the Village Board, shall be on file in the office of the Village Clerk. Such schedule may change from time to time without advance notice to conform to current economic conditions.

§ 17.032 Authority to establish rules and regulations.

The Village will take reasonable precautions to protect all private property, lots and/or grave owners' property in the cemetery from loss and damage, but it expressly disclaims all responsibility for loss or damage to such property. By purchasing a cemetery lot, the purchaser expressly agrees to release and hold the Village harmless for any damage to such property.

Article 17.030 Cemetery Regulations

§ 17.031 Purpose and definition.

To protect cemetery areas within the Village from injury, damage or desecration, these regulations are enacted. The term "cemetery" as hereinafter used in this chapter shall include all cemetery property, grounds, equipment and structures, both privately and publicly owned, which are located within the Village of Belleville.

The Village Board shall have the authority to establish reasonable rules and regulations to regulate and govern the operation of any cemetery in accordance with state law and this Code. The Village Board shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flowerpots, urns or other objects on cemetery property. Placements of any such plantings, containers or objects shall be in accordance with established regulations of the Village Board.

§ 17.033 Specific regulations.

Disturbing cemetery property. No person shall cut, remove, damage or carry away any flowers, plants, vines, shrubs or trees from any cemetery lot or property, except the owner of the cemetery lot or a person with the cemetery lot owner's consent or any Public Works Department employee or representative engaged in official cemetery duties for the Village of Belleville; nor shall any person without proper authority remove, deface, mark or damage in any manner any cemetery markers, headstones, monuments, fences or structures; nor shall any person without proper authority remove, damage or destroy any vases, flowerpots, urns or other objects which have been placed on any cemetery lot; nor shall any person move or remove any cemetery equipment without the Public Works Department’s consent.

Protection of cemetery property. No person shall trap animals in any cemetery without specific written authorization of the Public Works Director; nor shall any person kill, injure or disturb or attempt to injure or disturb any animals, birds or waterfowl, wild or domestic, within any cemetery in any manner except as provided by this Code; nor shall any person climb any tree or break, cut down, trample upon, remove or in any manner injure, deface, write upon or in any manner damage any tree, shrub, flower, flowerbed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery. No picnics, parties, or similar gatherings are permitted.

Vehicles. Vehicles are restricted to the roads and drives and parking areas. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed vehicle on any cemetery property outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. It shall be unlawful for a person to engage in any off-roadway operation of a vehicle on cemetery property without the consent of the Public Works Department.

Speed limit. No person shall operate any motorized vehicle in any cemetery in excess of fifteen (15) miles per hour unless otherwise posted.

Parking. No person, without the Public Works Director’s consent, shall park any motor vehicle in any cemetery on any grassy or seeded area or upon any location except a designated parking area, nor shall any person park a motor vehicle on cemetery property for any purpose except engaging in official cemetery business. Any unlawfully parked motor vehicle may be towed or removed at the vehicle owner's expense.