[HISTORY: Adopted by the Village Board of the Village of
Randolph 10-7-1998 by Ord. No. 351 as Title 8, Ch. 4, of the 1998 Code.
Amendments noted where applicable.]
A.
Purpose. The Village cemetery is owned and maintained by the Village
of Randolph for the benefit of all citizens. Definite rules and regulations
must be set up by the Village Board to insure proper maintenance and
beauty and to prevent abuse and destruction. The following rules and
regulations are set forth in this chapter to govern the cemetery.
The Village reserves the right to amend or change any of these rules
and regulations to conform with newly developed cemetery practices.[1]
B.
Management. The Village cemetery shall be subject to the control
of the Village Board, and the Board may, from time to time, acquire
lands for cemetery purposes as the same are required, contiguous to
said described premises, in the manner provided by law. The Board
shall have full power and authority to exercise general supervision
over said cemetery and shall regulate the manner of burial and shall
designate who shall be buried in the public grounds.
C.
Sexton. The Board shall appoint a Sexton and shall prescribe his/her
duties and fix the salary to be received by him/her for the discharge
of such duties.
D.
Randolph Cemetery Trust Fund. Cash and/or securities have been delivered
to the Village officers to be held in trust for development or maintenance
of the Village cemetery or for specific graves or lots therein. A
trust fund has been created, to be known as the "Randolph Cemetery
Trust Fund," which is available for deposit therein, or held as a
credit in said fund, any cash, bank deposits and other types of security
which may from time to time be delivered to the Village officers and
subject to disbursement by the Village officers or a cemetery association
when created in accordance with the directives of the donor. Said
trust fund shall not be limited to the restrictions for disbursement
of perpetual care funds as defined by the laws of this state.
Before any new block of a municipal cemetery is opened for the
sale of lots, the Village Board shall cause it to be platted and recorded
in the office of the Register of Deeds.
A.
Price of lots. The Village Board shall fix a price on all lots to
be sold in the municipal cemetery.
B.
Sale of lots. Persons or their agents desiring to purchase a lot
in the cemetery shall be referred to the Village Clerk-Treasurer or
to his/her duly authorized agent. The Sexton 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. Upon having made a lot selection, the Clerk-Treasurer
will issue a deed to the lot in the form prescribed by the Village
Attorney. The deed shall be signed by the Village Clerk-Treasurer
and Village President and sealed with the Corporate Seal and acknowledged
so as to entitle it to be recorded. The purchaser may record this
deed with the County Register of Deeds if desired. The Sexton will
report each sale to the Village Clerk-Treasurer. The Village Clerk-Treasurer
will report each sale to the cemetery Sexton.
A.
The lot owner or his authorized agent shall have the right to use
a lot or portion of a lot for burial purposes only in accordance with
the terms of the cemetery rules and regulations.
(1)
Upon full payment of the purchase price of a lot, the Village Clerk-Treasurer
will issue a cemetery deed, and the deed will be recorded in the records
of the Village as evidence of ownership of the lot. All lots are exempt
from taxation and cannot be seized for debt (except those owed to
the cemetery), nor can they be mortgaged.
(2)
The lot owner shall have acquired the lot for interment of himself
and members of his family. However, the lot owner may grant written
permission (which must be notarized and placed on file with the Village
Clerk-Treasurer) for the burial of other persons.
B.
Unless otherwise directed in writing and filed with the Village Clerk-Treasurer,
the lot owner, his/her devisees, or his/her heirs, the cemetery will
permit the interment of members of his/her family at the request of
any interested person upon proof of eligibility for burial as follows:
(1)
The surviving spouse of the lot owner shall have the first right
to interment or to direct the right of interment.
(2)
When there is no surviving spouse, the devisees, or heirs of the
owners, may, by agreement in writing, determine who among them shall
have the right of interment or direction for interment, which agreement
shall be filed with the Village Clerk-Treasurer.
(3)
In the event the owner, his/her devisees or heirs shall not have
arranged for future interments, then the devisees or the heirs, as
the case may be, of such owner, shall have the right to interment
in order of their need.
C.
All burial rights in cemetery lots purchased from the Village occupy
the same position as real estate at the death of the owner. Only such
persons whose names appear on the cemetery records of the Village
will be recognized as owners or part owners of lots. In case of the
death of a lot owner, when the cemetery lot is disposed of by a will,
and when ownership is to be determined, a certified copy of the will
must be delivered to the Village Clerk-Treasurer before the Village
will recognize the change of ownership. If the deceased lot owner
left no will, satisfactory proof of descent must be provided. It is
recommended that lot owners, in making their wills, include a provision
covering the cemetery lots and devise same to one person.
D.
Lot owners may not resell or transfer their lots or parts of lots
except as outlined below:
(2)
Reconveyance of lots or parts of lots may be made only by written
application therefor upon blanks furnished by the Village Clerk-Treasurer.
Such application shall be executed by the owner(s) of the lots or,
if the owner(s) is deceased, by the legal heirs. The application shall
state the lot and block number.
A.
Plants and decorations.
(1)
Planting restricted. The planting of trees and shrubs by private
individuals is prohibited. Any planting must be done by cemetery personnel.
(2)
Decorations. Decorations may only be placed in planters and only
at times to be set by the Village Board.
(3)
Planters. Planters must be placed on the side or end of the monument.
(4)
Liability. Decorations and planters are placed at the risk of the
persons making such placement. The Village shall not be liable for
any damage or loss of any plantings, decorations or planters.
(5)
Enclosures. No hedges, fences or enclosures of any kind will be permitted
on or around lots. Wooden boxes, wire containers, glass jars, bottles,
toys, cans and other such objects may not be placed on lots and, if
so placed, will be removed by the Village without notice.
(6)
Artificial flowers. Artificial flowers displayed in the cemetery
must be in containers and placed on the extension. Any artificial
flowers not in containers will be removed from the cemetery by the
Sexton.[1]
(7)
Wire stands. Wreaths on wire stands must also be placed at the head
of the lot near the monument or marker.
(8)
Fresh flowers. Fresh-cut flowers may be used any time and will remain
until, in the judgment of the Sexton, they become wilted or unsightly.
Containers for cut flowers are to be a type level with the ground
surface and not holding water when not in use or of the type to be
disposed of when the flowers are removed.
(9)
Potted plants. Potted plants may be set on lots, without disturbing
the sod, on special occasions, such as Memorial Day, birthdays, anniversaries,
etc., but will be picked up and destroyed if unsightly.
B.
Landscaping. All landscaping, care of lots and other work in the
cemetery will be done by the Village, but it is desired that each
lot owner feel free to consult with those in charge of the cemetery
at all times. Their advice will be cheerfully given without charge
and may be of much value to those contemplating the purchase of or
improvements to cemetery lots. The Village shall retain the ownership
of all aisles, including monument aisles.
C.
Village rights.
(1)
The Village reserves the right for its workers 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.
(2)
The Village, or its employees, assumes no liability for damages to
property or of persons, or for physical or mental suffering arising
out of the performance of its normal operations, or for loss by vandalism
or other acts beyond its reasonable control.
(3)
The Village reserves the right to alter, use, change or close alleys,
roadways, water mains and other physical public properties of the
cemetery.
A.
The cemetery will be open to visitors at all times between the hours
of 8:00 a.m. and 1/2 hour after the official sunset. Permission to
enter the cemetery at any other time must be obtained from the Sexton
or the Village Board.
B.
Children under 16 years of age will be admitted only when accompanied
by parents or guardians.
C.
Persons or picnic parties with refreshments or alcoholic beverages
are not permitted within any municipal cemetery.
E.
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. Driving golf
balls is prohibited.
F.
Visitors are required to use the walks and drive 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.
G.
Vehicles traveling within the cemetery shall not exceed 15 miles
per hour. No vehicle shall be driven except on roads designated for
that purpose, nor shall such be driven in a reckless manner.
H.
No riding of bicycles, motorbikes, snowmobiles, motorcycles or other
such vehicles will be allowed in the cemetery, unless such vehicles
are present in conjunction with cemetery business.
A.
Interments.
(1)
Interments will be made only during daylight hours.
(2)
All interments shall be made in a permanent outer container, excluding
the use of wood.
(3)
All graves shall be dug by the Village under the direction of the
Sexton or his authorized agent. Depth of graves shall conform to the
Wisconsin State Department of Health Services specifications. Seeding
will be done by the Village.[1]
(4)
No burial will be permitted until a legal burial transit permit has
been presented to the Sexton. The interment of bodies of persons who
have died of a contagious disease shall be in strict accordance with
the rules of the State Department of Health Services.[2]
(5)
There will be no responsibility on the part of the Village for the
protection and maintenance of flowers, wreaths, emblems, etc., used
in conjunction with funerals.
(6)
When definite information for locating a grave is not available 36
hours prior to grave preparation to meet the time requested for interment,
the cemetery may exercise its best judgment in making a location order
that the requested time for interment may be met. The cemetery assumes
no responsibility for any error or inconvenience of such location,
and an additional charge will be made for any change requested.
(7)
The Sexton or his agent shall, whenever possible, be given 36 hours'
notice to assure the opening and preparation of a grave prior to interment.
Banning unforeseen or other untoward circumstances, such grave shall
be opened and prepared in time for interment.
(9)
Aboveground burials will not be allowed.
(10)
Pets or other animals shall not be buried in the cemetery.
B.
Disinterments.
(1)
Disinterments of bodies from graves in the cemetery will be made
only by the Village in accordance with the requirements of the State
Department of Health Services. Charges set by the Village for removal
must be paid in advance.[4]
(2)
Lot owners, or their heirs, desiring graves opened may secure the
necessary disinterment permit from the state and deliver the same
to the cemetery Sexton. All removals will be made by the Village under
the supervision of a licensed embalmer.
(3)
For sanitary reasons, graves will not be reopened for inspection,
except for an official investigation.
A.
Grave markers and foundations will be set only by the monument company
according to regulations specified by the Village. Monuments shall
be no higher than 36 inches in height. Except as herein otherwise
provided, under no conditions will the Village construct monument
or marker bases or erect monument or markers on bases. Grave markers
shall be set with a suitable cement foundation with at least a four-inch
wash for trimming of grass. The Village reserves the right to require
the construction of a foundation of such size, material and design
as will provide ample insurance against settlement or injury to the
stonework. The top of the concrete foundation will be constructed
flush with the ground line. Grave markers will be set on a straight
line on the backside of the lot. Whenever possible, all markers will
be set with a five-inch margin, with 12 to 15 inches on at least one
end. Verbal permission is required and shall be available from the
office of the Sexton or his/her assistant.
B.
The setting of monuments, stones and markers and the transportation
of all tools, materials, etc., within the cemetery ground shall be
subject to the supervision and control of the Sexton. Unless special
arrangements are made with the Sexton, such work shall be conducted
between the hours of 8:00 a.m. and 4:00 p.m., Mondays through Fridays,
except on national holidays. Whenever possible, at least 24 hours'
notice shall be given to the Sexton that said work is to take place.
Heavy trucking will not be permitted within the cemetery when, in
the opinion of the Sexton, such work might cause damage to the driveways.
Except when special permission is obtained, all work as outlined above
shall be completed and debris removed immediately.
C.
The Village reserves the right to refuse permission to erect any
monument work not in keeping with the good appearance of the grounds.
The size of the monument and/or stonework must be given to the Sexton
or his/her agent 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 cemetery Sexton or his/her assistant.
D.
Stonework or monumental work, once placed on its foundation, shall
not be removed, except by permission of the cemetery Sexton.
E.
The lot must be paid in full or other assurance given of payment
before markers and monuments are set.
F.
Temporary markers must be removed or replaced with a permanent marker
within one year.
G.
Any additional head or foot markers must be set flush with the ground.
Bronze government markers may be placed on the backside of a family
stone.
Construction of vaults and mausoleums is prohibited.
A.
The planting of trees and shrubs on newly purchased lots or parts
of lots will not be permitted.
A.
It is urged that lot owners interest themselves in the present and
future care of their lots, as a single neglected lot mars the beauty
of the entire cemetery.
B.
All fees and charges as outlined in the current schedule of fees
and charges are payable at the office of the Village Clerk-Treasurer,
where receipts will be issued for the amounts paid.
C.
A schedule of the fees and charges, as established by the Village
Board, shall be on file in the office of the Village Clerk-Treasurer
and Sexton. Such schedule may change from time to time without advance
notice to conform with current economic conditions.
D.
The Village will take reasonable precautions to protect all private
property, lots and/or grave owners' property in the cemetery
from loss or damage, but it distinctly disclaims all responsibility
for loss or damage from causes beyond its control and especially from
the acts of thieves, vandals and rioters and from all acts of providence,
including wind, tornadoes, hail, snow, rain and frost, whether the
damage is indirect or proximate.
