[Adopted by the City Council of the City of Lake Mills 10-7-1997 by Ord. No. 782B (Title 7, Ch. 6, of the 2009 Code of Ordinances). Amendments noted where applicable.]
The Rock Lake Cemetery, owned and operated by the City of Lake Mills, is established by the City Council, and the maintenance of all grave spaces located therein is to be performed by the City in perpetuity.
A. 
Appointment; salary. The Superintendent of the Rock Lake Cemetery shall be appointed as provided in § 10-3B of this Code. He/she shall receive such salary as the City Council may from time to time determine. The Superintendent of the cemetery may also be referred to as the "Cemetery Sexton."
B. 
Powers and duties. Subject to the direction of the City Manager, the Superintendent of the Cemetery shall:
(1) 
Have general supervision and control of the cemetery grounds, including all private lots and grave spaces.
(2) 
Have charge and care of the cemetery equipment, the sale of all lots and grave spaces, secure employment of necessary help through the City Manager, keep records of interments and orders for work on private lots and grave spaces, and have charge of all funerals entering the cemetery. As far as possible, the Superintendent shall utilize the services of existing City officials and employees. The Superintendent may designate the Facilities and Grounds Director to act as the Superintendent's agent in performing the Superintendent's duties in the absence of the Superintendent.
[Amended 8-3-2021 by Ord. No. 1226]
(3) 
Perform such duties and exercise such powers as are assigned to him by the laws of the State of Wisconsin, the ordinances of the City and the rules and regulations of the cemetery.
The Cemetery Superintendent shall be the record custodian for the cemetery and shall keep records consisting of a lot book, an index of lot owners, an interment register, and a burial record, described as follows:
A. 
Lot book. The lot book shall contain a diagram of each lot sold in the cemetery and shall identify it by number of block, number of lot, date sold, and name and address of the owner. It shall also show by diagram the location and number of each grave space, the name, burial number and grave space number within the lot of each person buried in the lot.
B. 
Index of lot owners. An index shall be maintained consisting of each lot owner or joint owner, arranged by surname, showing the full name of the owner and the lot and block number of the lot owned.
C. 
Interment register. The interment register shall be kept in book form and shall contain a cumulative record of burials, showing in separate columns the date of interment, consecutive number of the burial, the full name, place of death, name and address of the funeral director, lot and block, grave space number, size of grave space, and interment fee for each burial.
D. 
Burial record. Burial permits shall be completed and delivered to the Cemetery Superintendent at the time of burial. The permits shall be arranged in book form, by year, in alphabetical order by surname. Each permit shall record the full name of the person buried, sex, race, age, City, county, the date of burial, name and address of person pronouncing death, and signed by the funeral director.
E. 
Location of records. All records required by this Code shall be kept on file at the office of the Cemetery Superintendent.
A. 
All applications for the purchase of grave spaces in the cemetery shall be made to the Cemetery Superintendent.
B. 
Grave spaces shall be conveyed upon full payment of the purchase price and perpetual care fee. In no case shall a deed be executed for any lot or grave space until the purchase price and perpetual care fee have been fully paid. Title, when transferred by deed from the City of Lake Mills, vests in the grantee, and his or her heir, as specified in the statutes, the right to use the grave space for burial purposes only.
C. 
Owners of grave spaces who wish to sell their unoccupied grave spaces shall execute a quitclaim deed to the City, and shall receive 90% of the original purchase price and a full refund of the perpetual care fee.
D. 
Any transfer or sale of grave spaces not approved by the Cemetery Superintendent shall be void.
The City Council shall, from time to time by resolution, adopt a schedule of fees with respect to the use and operation of Rock Lake Cemetery, which schedule shall include, but not be limited to, the price of grave spaces, grave openings and closings, and fees for perpetual care.
A. 
Requirements.
(1) 
The term "perpetual care" shall mean the cutting of grass at reasonable intervals, the raking, cleaning, grading and seeding of grave spaces, and such work as may be necessary to keep the lots or grave spaces in good and neat appearance. The repair or replacing of any foundation, marker or monument, or the cleaning of monuments or stones are not included in the term "care." An estimate of cost for such additional work may be given by the Cemetery Superintendent and a special endowment may be created by the owner in the Perpetual Fund for such purposes.
(2) 
Lots and grave spaces placed under perpetual care shall be exempt from annual care charges. The earnings from the Perpetual Care Trust Fund shall be used to pay the annual care charges.
B. 
Fees for perpetual care. Lots or parts of lots in the Rock Lake Cemetery shall be sold and charged with perpetual care fees at the time of sale.
C. 
Trust fund.
(1) 
The Treasurer is authorized and directed to receive all perpetual care fees and any donations for particular purposes and shall give a receipt therefor, which shall be recorded in a book to be kept for that purpose. Said book shall state the name of the donor or giver, the amount received, the date when received and the specific purpose to which the use thereof is appropriated.
[Amended 12-18-2012 by Ord. No. 1103]
(2) 
The money in the Trust Fund shall be invested according to the provisions of Ch. 881 of the Wisconsin Statutes.
A. 
The owner(s) of lots or grave spaces wishing to make improvements to the same shall receive approval from the Cemetery Superintendent before making any such improvement.
B. 
The cemetery reserves to itself the entire control of every tree, shrub, vine or plant growing within its boundaries, whether planted by the owner or otherwise, including the right of removal and the right of determining whether such removal is advisable.
C. 
Spring decorations may be placed on grave spaces beginning April 16 and are subject to removal on October 15. Winter decorations may be placed on grave spaces beginning November 1 and are subject to removal on April 1. If any decorations are to be kept for future use, they should be removed by the owners before the cemetery's removal dates.
D. 
Glass receptacles for cut or artificial flowers shall not be used on any grave, nor shall fragile receptacles be used as a container for flowers or otherwise.
E. 
In no event shall the cemetery or its agents be responsible for decorations or articles placed in the cemetery.
F. 
Urns or vases which are to be filled with earth and growing plants shall be constructed of durable material such as cement or cast iron. They shall be kept in good repair, and iron vases shall be properly painted. Broken or unpainted urns or vases and vases that have not received care for two consecutive years may be removed at the discretion of the Cemetery Superintendent, and neither the cemetery nor its agents assumes any responsibility for their care or return.
G. 
The placing of boxes, shelves, ornaments, chairs, settees, glass, wood or iron cases and similar articles upon a lot or grave space shall not be permitted, and if so placed, the Superintendent is authorized to remove the same.
H. 
The planting of any perennial, tree, shrub, flower, flower bed or plant and the placement of any urn, marker, or monument may be made on the grave space if approved by the Superintendent. If any person sets out or plants these items on a lot or grave space in an unsightly manner or fails to properly care for them, the Superintendent may cause them to be removed.
I. 
The placing of shepherd hooks is restricted. No person may place or install a shepherd hook on any grave space without first obtaining permission from the Superintendent. The maximum height of the shepherd hook shall not exceed 30 inches between the top of the marker or monument and the top of the shepherd hook. No shepherd hook shall be used for any purpose other than to support hanging flowers or wreaths.
J. 
The Cemetery Superintendent is authorized to remove anything which is in violation of this section or which is detrimental to the general welfare of the cemetery. If the same is not removed after a ten-day written notice mailed to the last known address of the registered owner, the Superintendent shall remove such objectionable object and the expense incurred in removing the same shall be charged against the lot or grave space owner. The notice provisions are not applicable to the routine spring and fall clean-up in Subsection C above.
K. 
Wooden fences, railings, hedges, shrubbery or other enclosures are prohibited.
L. 
No mounds shall be allowed in the cemetery. All grave spaces shall be filled so they will be flush with the ground, and the Superintendent or his agent shall bear this responsibility.
M. 
Weeds, dead flowers, branches and other rubbish shall be deposited in receptacles provided at the cemetery.
A. 
Interment of bodies.
(1) 
No burials shall be permitted in any grave space unless all laws regarding burials in the City and the state have been complied with.
(2) 
No interment shall take place without a burial permit.
(3) 
All payments for costs of grave spaces, the opening/closing of the grave, and any charges due for work or maintenance on the grave space shall be satisfied before any interment shall be permitted.
(4) 
The Superintendent shall not be held responsible for any mistake accruing from want of precise and proper instructions for burial.
(5) 
Orders for burial given by the funeral director having charge of the burial shall be construed by the Superintendent as orders from the grave space owner.
(6) 
No person shall inter any body in the cemetery without first notifying the Superintendent and furnishing him with the necessary information to enable him to complete his records.
(7) 
No burials shall be allowed except in a steel or cement vault, except in the case of a cremains burial.
(8) 
The Superintendent or his agent shall be present at all interments.
(9) 
Interment of two bodies in one grave space shall be prohibited, except with approval of the Superintendent.
(10) 
Funeral designs and floral pieces shall be removed or soon as they become unsightly, and if same are not so removed by the owner, the Superintendent has authority to remove them.
B. 
Cremated remains, interment of. Two cremated remains shall be permitted on one grave space. The remains of a cremated body may be buried in any grave space whether occupied or not, except that it shall be at a depth approved by the Superintendent, and such remains shall be enclosed in a suitable container.
C. 
Disinterment.
(1) 
Graves shall not be reopened for inspection, except upon a lawful order, and upon the approval of the Superintendent.
(2) 
A deposit of the amount estimated by the Superintendent to pay for the costs of disinterment, removal, and restoration shall be made prior to approval by the Superintendent.
(3) 
The cemetery shall not be responsible for any damage which may occur during disinterment.
A. 
The consumption of alcohol in the cemetery is prohibited.
B. 
No person may lawfully be present on the cemetery grounds after dark.
C. 
No vehicle shall be operated or driven within the cemetery in excess of 15 miles per hour.
D. 
Pets shall not be permitted in the cemetery, unless in an enclosed vehicle, except for pets that are trained to assist and that are assisting persons with disabilities.
E. 
No person may throw rubbish on the walks or any part of the cemetery grounds.
F. 
No person may pluck flowers, either wild or cultivated; or break any tree, shrub or plant; or write upon, deface or injure any marker, monument or structure in or belonging to the cemetery.
G. 
No person may destroy bird nests, shoot or throw stones at birds, or catch or kill any wild animals on the cemetery grounds.
H. 
Persons with firearms, except military companies or civic organizations attending funerals or other memorial services, may not discharge weapons in the cemetery. Any discharge of firearms not prohibited under this section shall be done with due care for the safety of all persons and property in and around the cemetery premises. In addition to all other requirements of due care which may be present in the discharge of firearms in the cemetery, any such discharge may not be accomplished through the use of ball, non-blank, or projectile ammunition.
I. 
Picnics are prohibited in the cemetery.
J. 
No person shall disturb the quiet and good order of the cemetery by noise or other disorderly conduct.
K. 
Selling, or offering for sale, any commodities on the cemetery grounds is prohibited.
L. 
The erection of any advertising signs is prohibited.
All grave spaces shall have a marker of either marble, granite or bronze, which shall be placed on the grave space no later than one year from the burial date.
A. 
A marker-headstone is a small structure erected upon a grave space to mark a burial site. Only one marker shall be permitted per grave space.
B. 
The length of markers may not exceed 80% of the width of the grave space, unless a single marker is placed on two or three adjacent grave spaces. If the latter circumstance is applicable, then the length of such single marker on multiple grave spaces may not exceed 80% of the width of the total grave spaces being marked by a single marker. All measurements for the purpose of determining the maximum allowable width shall be made at the base of the marker, rather than at the base of the foundation.
C. 
A monument is a large structure which shall be permitted only on a minimum of four adjacent grave spaces. When a monument is placed or will be placed on four or more grave spaces, any other marker(s) used on those grave spaces shall be set flush to the ground, or shall not exceed three inches in height, except when duplicating existing markers on adjacent grave spaces.
D. 
Infant markers, if the grave space is specifically designed for infant burials, shall not exceed 80% of the grave space width and shall be placed on a four-inch-thick concrete base.
E. 
All markers or monuments shall be placed and centered at the head end of the grave space. The placement of markers and monuments shall be subject to the supervision and control of the Superintendent.
F. 
The City of Lake Mills and the Rock Lake Cemetery shall not be responsible for any marker, monument or any type of memorial whatsoever. The owner and supplier take all risks when placing such items in the cemetery.
G. 
No marker or monument shall be placed on any grave space or lot unless full payment, including perpetual care fees, has been received by the City.
H. 
No marker or monument shall be placed without a setting permit granted by the Superintendent. Plans and specifications as to the size and material of the monument and footings shall be necessary to obtain approval.
I. 
The specifications for marker or monument foundations are as follows:
(1) 
Marker foundations shall be of concrete and shall be no less than four inches thick and shall be constructed by a continuous pour in place, leveled, and shall have beveled corners and provide a minimum five-inch wash around the marker base.
(2) 
The foundation for a monument shall require a foundation footing extending below frost depth, a minimum of four feet.
(3) 
Foundations shall not project above the existing ground line except when necessitated due to the slope and with approval of the Superintendent. In such case, fill dirt shall be added to provide the proper slope away from the foundation. All excess topsoil shall be hauled to the cemetery topsoil disposal area.
(4) 
After the foundation forms have been stripped, topsoil shall be placed and compacted in the void left by the forms.
(5) 
Granite foundations may be used in lieu of the concrete base required for marker foundations if approved by the Cemetery Superintendent. The granite foundation shall be no less than four inches thick and shall provide a minimum five-inch wash around the marker base. The granite foundation shall also be placed on a sand base that is level and that is at least two inches deep, and it shall be in full compliance with Subsections I(3), J, K and L of this section.
[Amended 6-21-2005 by Ord. No. 955]
J. 
All foundation work shall be done by the monument dealer or designated agents. Advance notice shall be given and an appointment made with the Superintendent or his agent. The Superintendent or his agent shall be in attendance to supervise placement of the foundation and the time shall be charged for a minimum of one hour and billed to the dealer.
K. 
No foundation may be installed on Saturdays, Sundays, holidays, or between November 1 and March 31, except for urgent need approved by the Superintendent.
L. 
Dealers or their designated agents shall, within five working days of written notice, repair any damage to the cemetery caused by their work. If such repair is not made within the time specified, the Superintendent shall cause the work to be performed and send an invoice for the cost to the dealer. No dealer or their designated agents shall be permitted to perform any work in the cemetery until all outstanding invoices are paid in full.
M. 
All monuments or markers placed in the cemetery prior to the effective date of this chapter are deemed to be lawfully placed and are exempt from standards as set forth in this chapter.