[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
Article I Park Regulations
Article II Cemetery Regulations
The Parks and Recreation Director shall be responsible for the day-to-day operation of City parks in accordance with policies established by the Board of Public Works and the Council.
It shall be unlawful for any person to commit any of the following acts in or upon any public park within the City:
Vandalism: to disturb, molest, deface, remove or destroy any trees, shrubs, plants or other natural growth; to carve on any rocks, signs, walls or structures; to drive nails in trees; or to injure or deface in any manner any park building, signs, fences, tables or other City property.
Fires: to build any fire, except in grills or fireplaces provided for that purpose. No person shall leave any fire unattended, and all fires shall be extinguished before leaving the area. No person shall throw away any cigarettes, cigars or pipe ashes without first extinguishing them.
Litter: to leave, throw or break any bottle, box, refuse or other object, except in clearly marked refuse receptacles provided for that purpose; or throw, discharge or otherwise place or cause to be placed in the waters of any pond, lake, stream, river or other body of water or on the ice thereof in or adjacent to any park any substance, matter, or thing, liquid or solid, which will or may result in the pollution of said waters. Where receptacles for rubbish are not provided, all waste shall be carried away from the park by the person responsible for it.
Fireworks: to set off fireworks of any kind, except when a public display permit has been issued by the Mayor, pursuant to § 9.05 of this Code.
Games: to engage in any athletic contest, game or activity, except in areas specifically designated for such activity, whereby large areas of public grounds are usurped by the participants to the exclusion and at the peril of injury to others.
Sales: to vend, sell or offer for sale any food, beverage or other commodity or article to the public within any park without written authorization from the Board of Public Works.
Rules: to fail, refuse or neglect to obey the regularly posted rules and regulations of the Council or the Board of Public Works for the use or enjoyment of any facilities.
Molesting animals: to molest, disturb, chase or throw objects at any animal or bird within any park.
Advertising and signs: to paste, glue, tack or otherwise post any sign, placard or advertisement or distribute handbills or solicit business of any nature in any park without written authorization from the Board of Public Works.
Disorderly conduct: to engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance, endangers other persons or property, or interferes with the use of the park by others.
Unnecessary noise: to operate sound trucks, loudspeakers or any other mechanical device which produces undue or unnecessary noises without first obtaining a written permit from the Board of Public Works.
Dogs: to allow dogs to run at large at any time within the boundaries of the park. All dogs within parks shall be kept on a leash by the owner at all times. No dogs shall be permitted in picnic areas at any time.
All parks shall be closed to the general public from 12:00 midnight to 4:00 a.m., and it shall be unlawful for any person to occupy or be present in any park during hours in which the park is not open to the public, except where permission, in writing, has been granted by the Board of Public Works.
Any park or part thereof may be declared closed to the public by the Board of Public Works at any time and for any interval of time, either temporarily or at regular or stated intervals. It shall be unlawful for any person to enter or be present in any park or portion thereof which has been closed to the public.
No person shall drive or park a motor vehicle in any park, except on such roads or parking lots specifically designated for the use of motor vehicles.
No person shall operate a motor vehicle at a speed in excess of 15 miles per hour or in excess of any other posted speed limit, whichever is less.
No person shall operate a motor vehicle in a reckless or imprudent manner or in any manner which may tend to create a disturbance or endanger the safety of persons using the parks.
No person shall operate a motor vehicle in any park in excess of 10,000 pounds without prior authorization from the Director of Public Works.
[Added 6-10-2014 by Ord. No. 575]
Snowmobiles shall not be operated in any park.
This section applies to bicycles, minibikes, trail bikes, all-terrain vehicles and similar devices. No person shall ride or operate, or permit a child to ride or operate, a bicycle or other off-the-road vehicle, except in areas specifically designated for their use.
Designated. The north 250 feet of the Wisconsin River front lying adjacent to the south line of part of Government Lot 8, Section 15, T 21 N, R 5 E, and extending westerly a distance of 300 feet is hereby designated a public boat landing and parking area.
Supervision. The City boat landing shall be under the supervision of the Chief of Police.
Launching and recovery procedure. All persons launching or recovering boats shall remove vehicles, trailers and watercraft from the launching area within 10 minutes. Launching or recovering requiring more than 10 minutes shall be allowed only upon prior approval of the Chief of Police. If the launching area is needed for any emergency purpose, the ramp shall be vacated immediately.
Parking regulated. Vehicles shall be parked only in areas so designated, and said areas shall be used only by persons using the landing facility.
Boat launch permit.
[Added by Ord. No. 537]
Required. No person shall launch a watercraft in the City boat landing without having obtained a boat launch permit and displaying said permit on his motor vehicle.
Obtaining a permit. City residents shall be entitled to obtain one annual boat launch permit per household, without payment of a fee, by applying for the permit at the office of the City Clerk. Nonresidents shall pay a daily or annual fee pursuant to a fee schedule set forth by the Council.
[Amended by Ord. No. 534; Ord. No. 537]
Penalty. Any person who shall violate any provision of this article may be subject to a penalty as provided in § 25.04 of this Code.
Enforcement. This article shall be enforced in accordance with the provisions of § 7.15 of this Code and §§ 345.20 through 345.53, § 66.0114 and Ch. 799, Wis. Stats.
[Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]
Conduct regulated. Lot owners and visitors are reminded that the cemetery is designated for the burial of the dead and that strict observance of all the proprieties of the place is indispensible, that trespassers are liable to criminal prosecution and fine and that all rules and regulations must and will be enforced.
No person shall write upon, deface or injure any monument, fence or other structure in or belonging to the cemetery, nor disturb the quiet and good order of the place by noise or other improper conduct.
No vehicle shall be driven through the cemetery grounds at a speed faster than 10 miles per hour.
No person, while in the cemetery, shall pluck any wild or cultivated flower nor injure any tree, shrub or plant.
No dogs shall be permitted within the cemetery. This subsection shall not apply to a service dog as defined in § 951.01(5), Wis. Stats.
No signs, notices or advertisements are allowed on the premises, except directions placed by the City.
At all times and for all purposes, the passing over or walking upon lots belonging to others is strictly prohibited wherever it is possible for lot owners to gain access to their lots without so doing.
The throwing of rubbish on the avenues, walks or any part of the ground is strictly prohibited.
Children are not allowed to be in the cemetery unless accompanied by adults.
Picnics and the partaking of food and refreshments are prohibited.
No firearms, air rifles, slingshots or other means of propelling missiles are permitted in the cemetery, except firearms used at a military funeral.
Sitting, lounging or lying on lots, mounds or ornamental grounds and on monuments, headstones or tombs is strictly prohibited.
Grave and lot regulations.
All improvements or cornerstones indicating the boundaries of lots must be placed on the lot itself, and no fence of any kind whatsoever shall be erected as a boundary, curbing or enclosure on any lot.
If any tree, shrub, plant or flower situated on any lot shall, by means of its roots, branches or otherwise, become unsightly, detrimental, dangerous or inconvenient to the adjacent lots, walks or avenues, the officers of the cemetery shall have the right, and it shall be their duty, to enter upon said lot and remove such tree, shrub, plant or flower or such part thereof as they may deem unsightly, detrimental, dangerous or inconvenient.
The City reserves the right, without notice, to prohibit or remove from lots any objectionable ornaments, chairs, settees, vases, cases, artificial flowers, or any other article that may be considered objectionable.
Funeral designs and floral pieces shall be removed from graves as they become wilted or unsightly, and parties desiring to retain the same must so inform the sexton. In no case will the employees attempt to find them after removal nor will the City be responsible for anything placed on lots and graves.
If any structure, monument or inscription placed in or upon any lot is determined by the City to be offensive or improper or injurious to the appearance of the surrounding lots or grounds, it shall be subject to removal by the City.
All graves and lots in the cemetery shall be of grade as determined by the sexton, and graves and lots must be maintained at a uniform grade.
The settings for monuments shall be built to the depth of the grave line and shall have a margin on the top thereof outside the base of the monument of five inches or more, and all sides of said margin shall be built flush with the grave. Markers shall have a setting to a depth of four inches minimum and shall have a like margin of four inches or more.
The sexton shall have supervision of the installation of any monument or marker in said cemetery, and none shall be installed without a written permit from the sexton.
The sexton shall have the full authority to enforce the terms and provisions of this section.
Sale of lots; fees.
The purchaser of any lot or lots shall deposit with the City Treasurer the full amount of the purchase price at the time of purchase, and upon payment to the Treasurer, the City Clerk shall issue a deed for same to the purchaser. At no time shall there be a grave opened on any lot unless a deed has been issued for same. The owner of a lot or lots in the cemetery cannot sell or convey same, except to the City. Any owner who has purchased a lot or lots in the cemetery at the rate charged to residents shall not be allowed to bury a nonresident in said lot or lots (other than the owner of the lot) unless such owner pays an additional fee. The additional fee shall be the difference between the rate charged to residents and the rate charged to nonresidents, which shall be paid prior to any burial.
The Property, Recreation and Human Affairs Committee shall designate and set aside in the new plat area of the cemetery a part thereof to be for the burial of indigents, and the price of a grave therein shall be $5. Only a small marker shall be permitted to be installed over such a grave.
All persons purchasing property in the cemetery shall hold such property, subject to the terms of this section and the rules and regulations governing the cemetery, as though the same were recited verbatim in the deed. Any person owning unoccupied property in the cemetery and desiring to sell the same shall convey it to the City, and the City shall pay 75% of the then market value of said property to the owner thereof. If the City declines to purchase such property, it shall indicate its consent to a transfer thereof, in writing, on the new deed of conveyance, provided the prospective purchaser is a satisfactory party under this section or the applicable rules and regulations or laws, and provided there is no memorial or portion of a memorial located on the property sought to be conveyed. The deed of conveyance shall refer to these conditions and any other conditions or restrictions or reservations deemed warranted at the time of sale.
The ownership and descent of cemetery property shall be determined and governed by the applicable laws of the state and, in the event of conflicting claims, disputes or uncertainty, the City shall rely upon the records of the County Register of Deeds, Wisconsin, and appropriate court records in determining ownership of the property in the cemetery and rights to interment. The City may refuse interment without liability pending proper settlement of such conflicting claims of ownership, uncertainties or disputes. Orders, written or oral, for burial given by the undertaker having charge of the burial of any person shall be construed by the City as proper orders from the lot owner himself and, after interment, no changes in location of graves will be made, except at the expense of the lot owner. Undertakers making arrangements for the deposit of a body or remains shall be held responsible for all charges connected therewith.
No grave shall be dug by any person other than employees of the City under the supervision of the sexton.
The moving of a body from one grave to another grave in the cemetery shall be under the supervision of an undertaker, and he shall be responsible for same, and all work in that connection under his supervision shall be performed by City employees, and the sexton shall be present at the time. The expenses thereof shall be paid by the undertaker to the City.
Except for the interment of infants, if a suitable alternative is used, the casket in every earth interment shall be enclosed in a concrete box, concrete vault, metal vault, copper vault or plastic vault which meets the following minimum specifications:
A concrete box shall be made of concrete reinforced with wire. The cover shall be affixed to the box in a manner which will avoid horizontal movement when in place.
A concrete vault shall be made of concrete reinforced with wire. The cover, when in place, shall seal the unit and form a rigid receptacle.
A metal vault shall be made of twelve-gauge or heavier metal covered with asphalt, galvanizing or porcelain. The cover, when in place, shall seal the unit and form a rigid receptacle.
A copper vault shall be made of twelve-gauge or heavier solid copper. The cover, when in place, shall seal the unit and form a rigid receptacle.
A plastic vault shall be made of approved plastic or fiberglass. The cover, when in place, shall seal the unit and form a rigid receptacle.
Receiving box or vault dealers shall complete installation of the receiving boxes or vaults at least 1/2 working hour prior to the established funeral time.
Grave opening and interment fees shall be as follows:
Residents. For residents who have lived in the City or a nursing home for one or more years at the time of death, the charges shall be $200 for adults and $100 for infants up to six years of age.
Nonresidents: $500 for adults and $150 for infants up to six years of age.
Cremation: $100 for all residents, including infants, and $300 for all nonresidents, including infants.
Interment fees shall be paid to the City Treasurer and a receipt therefor presented to the City Clerk before the sexton shall direct the digging of the grave.
No interment, other than a lot owner, shall be permitted without a prior written order of the lot owner or his personal representative under the law.
If the interment sought by a City resident lot owner is for a nonresident decedent, then the said lot owner shall deposit with the City Treasurer the additional price, at that time, of a lot for burial of a nonresident of the City.
No interment shall be permitted or dead body received without a burial permit or removal certificate issued by the Register of Deeds or the City Clerk of the place where the death occurred. Such permit or certificate shall be retained by the Clerk as part of his record, and he shall require the sexton to endorse thereon the date of interment with his signature. All interments, disinterment and other matters relating to the disposal of dead bodies shall be pursuant to the state, county and local laws, rules, regulations, the orders of the State Department of Health Services and this section.
Notice of the interment must be given to the City Clerk at least 12 working hours in advance of burial. The cemetery sexton or an assistant must be present at all interments, and he shall have full charge of opening, closing and sodding all graves and all funerals while within the cemetery grounds.
Reward. The City offers a reward of $50 for information which will lead to the detection and conviction of any person for stealing from any lot, any property of any kind thereon, or any part of any property thereon, or for molesting or damaging any property in the cemetery.
Variances. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The City therefore reserves the right, without notice, to make exceptions, suspensions or modifications in any of these rules and regulations when, in its judgment, the same appear advisable, and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule or create any liability on the City.
Penalty. Any person who violates any provision of this section shall be subject to a forfeiture as provided in § 25.04 of this Code.