Town of Manitowish Waters, WI
Vilas County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Pinelawn Cemetery (§ 169-1 — § 169-14) 

[Adopted 3-10-2003]

§ 169-1
Purpose. 

§ 169-2
Organization. 

§ 169-3
Cemetery Committee; Sextons. 

§ 169-4
Meetings. 

§ 169-5
Authority of the Committee members and Sextons. 

§ 169-6
Compensation. 

§ 169-7
Lots. 

§ 169-8
Perpetual care. 

§ 169-9
Rules for visitors. 

§ 169-10
Privileges and restrictions of lot owners. 

§ 169-11
Rules for burial. 

§ 169-12
Disinterments. 

§ 169-13
Monuments. 

§ 169-14
Violations and penalties. 

This article is designed for the protection of owners of interment rights as a group. Its enforcement will help protect the cemetery and preserve its beauty. As adopted, it will provide direction for all owners of interment rights, visitors and those performing work within the cemetery. Amendments and/or alterations to this article may be adopted from time to time.

The organization meets the requirements of § 157.50, Wis. Stats.

A. 

The Manitowish Waters Cemetery Committee (herein after referred to as the "Committee") shall consist of five members appointed by the Town Board. The Committee shall annually elect a Chair, Vice Chair and Secretary/Treasurer from the Committee members. The Town Board shall appoint the Committee members for a term of three years with staggered terms providing for continuity.

B. 

A majority of the members shall constitute a quorum and shall be empowered to transact any business properly brought before them. A majority of the members or the Chair or Vice Chair may call a special meeting at any time when necessary by serving personal notice upon the members.

C. 

A Sexton and Assistant Sexton shall be appointed by the Town Board and shall serve at the pleasure of said Board.

A. 

The annual meeting, and any special meetings, of the Committee shall be held at a place in the Town of Manitowish Waters (herein after referred to as the "Town") chosen by the Committee. Notice of such meetings shall be posted as required by state statute.

B. 

Robert's Rules of Order shall govern the conduct of the meeting.

A. 

The Committee shall recommend improvements to the cemetery and shall establish rules and regulations. In both instances such improvements and rules and regulations shall be subject to approval by the Town Board and shall only be effective upon such approval.

B. 

The Sexton and Assistant Sexton shall be delegated as having the authority to enforce the rules and regulations established by ordinance.

A. 

There shall be no salary or commission paid to any person authorized to sell grave sites.

B. 

Committee members and Sextons shall serve without compensation.

C. 

The Sexton and Assistant Sexton may receive compensation from the party or parties involved in the interment of remains.

A. 

Persons desiring to purchase a lot or grave should visit the cemetery where the Sexton or his Assistant will aid in making a selection. When the lot is paid in full at the Town Hall, a deed for cemetery purposes only shall be issued.

B. 

All lots shall be sold subject to the rules and conditions provided herein or which the Town Board may hereafter pass.

C. 

No lot shall be used for any other purpose than for the burial of human remains and the placing of appropriate markers as memorials.

D. 

The transfer of lots or parts of a lot to another party shall only occur with the approval of the Sexton and Town Board, after which said party shall be allowed the use of the lot. No person shall be recognized as owner or part owner of a lot unless his or her name appears on the deed of the cemetery lot/lots.

E. 

Persons desiring the interment of remains other than members of their family must secure a written permit for the same signed by the owner or by his/her legal representative. Such permission shall be filed with the Town Board.

F. 

Interment of remains shall require approval by the Sexton or Town Board.

G. 

Any owner wishing to sell, transfer or give away a lot or grave site must receive approval from the Town Board. No remains shall be buried therein unless his or her name(s) is on the deed of the cemetery and any assessments are paid in full. The selling price shall not be more than prevailing costs.

A. 

The cooperation of all lot owners is necessary to keep the cemetery in as beautiful and attractive condition as possible. In this connection your attention is called to Subsection B relating to the perpetual care of lots. It is hoped that each one will recognize the advantage to be gained by the Town providing for the future care of lots.

B. 

The term "perpetual care" shall mean the cutting of the grass upon the lots or grave sites, pruning of shrubs and trees, seeding of the graves and raking and cleaning of the lots or grave sites at reasonable intervals. The Town shall provide this service.

A. 

Visitors to the cemetery are requested to observe the decorum that should characterize their presence in a place consecrated to the burial of the dead. The Sexton and Assistant Sexton are invested with full power to enforce the rules and regulations of the cemetery now established or which may be enacted.

B. 

Touching nothing that does not belong to you is appropriate etiquette while visiting the cemetery.

C. 

All persons are strictly prohibited from picking flowers, wild or cultivated, or from breaking any tree, shrub or plant. They are further prohibited from writing upon, marking, defacing or in any manner doing injury to any monument, fence or other structure in, or belonging to, the cemetery.

D. 

Visitors are requested to keep to the paths and avenues and to refrain from walking over lots to make a shortcut through the cemetery. They should also refrain from sitting, walking upon or otherwise occupying any lot not their own.

E. 

Persons driving in the cemetery are requested to keep to the roads and not drive on any lots or turn into avenues. The cemetery roads are not public thoroughfares.

F. 

No skateboards, skates, bicycles, all-terrain vehicles (ATVs), snowmobiles, motorcycles or dirt bikes will be allowed. Automobiles shall be operated at a speed reasonable for the location.

G. 

Dogs shall not be permitted in the cemetery except when restrained by a short leash and shall not come into contact with any monument, marker, tree or anything belonging to the cemetery.

H. 

The leaving of rubbish or litter in the cemetery grounds is strictly prohibited except in those containers provided.

I. 

Unauthorized gatherings or picnic parties shall not be permitted.

J. 

Persons with firearms, bows and arrows, etc., shall not be permitted, except that law enforcement officers and persons rendering military salutes at funerals and appropriate holidays are excepted.

K. 

All children under 12 years of age must be accompanied by a parent, guardian or other responsible adult, who in all cases shall be held responsible for their conduct.

L. 

Loitering on the cemetery grounds is prohibited.

A. 

The owners of lots wishing to make improvements shall consult the Sexton, as all work shall be done under his supervision.

B. 

There shall be no planting of flowers, shrubs, trees or other foundations or improvements on any lot. If flowers, plant or shrubs are desired they shall be placed in a wire box, basket or a stand of a size that can be moved to facilitate mowing; urns now present may remain. In the event that flowerpots are integral to the monument foundation, then no other receptacle for plant materials shall be allowed. No person shall be allowed to dig in the ground of any lot or grave site without the written permission of the Sexton.

C. 

Receptacles for flowers (fresh cut, silk or plastic) shall be set flush with the lawn surface. Any person setting out plants on a grave or lot who fails to care for them will find that they may be removed by the Sexton.

D. 

Winter decorations such as holly, evergreens and wreaths (natural or artificial) may be placed on graves to remain until May 1. After May 1 all will be removed. The owner, before May 1, shall remove any being kept for future use.

E. 

The cemetery authority may, from time to time, plant trees and shrubs in accordance with the general plan for the improvement of the grounds, and no additional planting by lot owners shall be permitted. The Town Board has no desire to interfere with the desire of lot owners to make reasonable improvements. However, in the interest of keeping up a pleasant appearance and to facilitate maintenance at the cemetery, it reserves the right to determine what individual improvements may not be consistent with these objectives and, further, may prevent the placing of such or cause their removal. No fences, coping or other enclosures of any kind are permitted. Boxes, shells, artificial flowers and similar articles scattered upon grave sites will be removed.

F. 

Corner posts set flush with the sod shall mark all lots. These are furnished and installed by the Sexton.

G. 

The Town Board and Sexton are not responsible for damage to any lots or structures thereon or for flowers or articles removed from any lot or grave site.

H. 

Any loss or damage noted by lot owners shall be reported to the Sexton.

A. 

No interment shall take place without a burial permit.

B. 

No grave shall be dug unless the lot or grave assessments are paid in full.

C. 

Considering the potential damage to existing graves and markers as well as other difficulties during the winter period, burials between November 15 and April 15 shall occur only at the discretion of the Sexton, weather permitting. Otherwise no burials will be made during this period of time, but burials will occur as soon as weather permits.

D. 

The lot owner, giving the full name, date of birth, date of death and last place of residence of the deceased, must sign an order for interment. The Town Board and/or Sexton cannot be held responsible for any mistakes occurring from wont of precise and proper instructions for the particular space in a lot where interment is wanted.

E. 

There shall be only one interment for each grave site unless at least one is a cremation.

F. 

When cremation has been selected for the remains, interment may be made in any owned regular lot or in the cemetery section designated for such remains, provided that a lot therein has been bought and paid for.

G. 

All interments, except cremations, will require that a concrete vault be used.

H. 

The Sexton or Assistant Sexton must be in attendance at every interment.

I. 

No burials will be made on Sunday or legal holidays except as may be required by the Board of Health or from shipment from out of the Town arriving on Sunday.

J. 

Orders for interment should reach the Sexton at least 48 hours before the time of interment.

K. 

Undertakers making arrangements for the deposit of remains shall be held responsible for the charges.

L. 

Workmen engaged in the vicinity of a burial shall suspend their labors during any interment services.

M. 

Funeral designs and floral pieces will be removed as soon as they become unsightly.

No disinterments will be allowed without the permission of the Town Board, the lot owner and the next of kin. All interments and disinterments are subject to appropriate civil authority.

A. 

Lot owners and monument dealers are strongly encouraged to consult with the Sexton before selecting a monument. At this difficult time the Sexton will be available to offer advice which may save expensive mistakes or serious disappointment, should work be ordered not in accordance with the rules of the cemetery.

B. 

The foundation shall be finished true and level and of appropriate thickness to carry the marker. It shall be at least four inches and no more than five inches larger than the marker and shall be set flush with the sod.

C. 

No marker, headstone, veteran's marker, monument or Lion's staff shall be allowed at any grave or upon any lot unless the space or lot is paid in full.

D. 

No material except granite, a good grade of white marble or standard bronze shall be used for a marker or monument, and bronze may be used only if securely attached to a granite base. A solid, thick, concrete foundation base may also be used, and no monuments higher or larger than existing markers will be allowed.

E. 

Workmen engaged in placing stones shall provide suitable planks on the ground for the stone and to provide support for vehicles needed. Immediately upon completion of a job all rubbish must be cleared away and the ground left clean and in good condition. Adjoining lots, paths or roads where work is being done must not be blocked or damaged. This rule will be strictly enforced.

F. 

Dealers' or manufacturers' cards or advertisements shall not be marked on any stone or placed anywhere within the cemetery.

G. 

Aboveground mausoleums are not permitted at this time.

A. 

The Sexton and/or Town Constable and/or the Vilas County Sheriff's Department may handle infractions of this article.

B. 

Damage to the cemetery, traffic violations or disorderly conduct at the cemetery shall result in a fine of not less than $50 and not more than $500 for each offense, plus the court costs and disbursements. In default of the above fines and costs, the person convicted shall be confined to the county jail until such fines and costs have been paid, not to exceed 30 days.