[HISTORY: Adopted by the Town Board of the Town of Neversink 1-14-1987 as L.L. No. 1-1987. Amendments noted where applicable.]
The Town Board of the Town of Neversink has found that the practice of interment of human remains on private property not set apart and recognized as a municipal, religious or not-for-profit corporation cemetery has had severe ramifications, in that original owners have moved or died without providing for the long-term care of these graves, leaving them untended and neglected. They have created clouds on title to these lands, making transfer of the property difficult. Desecrations have occurred. In addition, the Town Board has found that of the 6,000 cemeteries in the State of New York only 2,000 are not-for-profit cemetery corporations under the jurisdiction of the New York State Department of State, Division of Cemeteries. All others are municipal, religious, family or private cemeteries. The number of family and private cemeteries is growing and is becoming a concern to the Town of Neversink, since it is mistakenly expected by the public to preserve and maintain them. However, Town Law § 291 clearly exempts and prevents a town from maintaining a private cemetery or a family burial ground. In view of these factors, the Town Board of the Town of Neversink intends to regulate what may otherwise be the indiscriminate burial of human remains.
No person shall cause the remains of a human being to be buried or establish a burial ground for such purpose in the Town of Neversink in any ground not set apart and recognised as a municipal, religious or not-for-profit corporation cemetery without having deposited adequate funds for the perpetual maintenance of said grounds.
"Adequate and appropriate funds" is a relative term to be determined by the Town Board of the Town of Neversink in each instance in order to establish an adequate trust fund for the perpetual maintenance of said ground.
Any person who shall be found to violate any provision of this chapter shall be served by the Town Code Enforcement Officer with written notice providing a reasonable time limit for the exhumation of the buried remains. The offender shall, within the period of time 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 in 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 Supreme Court for injunction or by any other lawful means. Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned by it by reason of such violation.