[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.
