[HISTORY: Adopted by the Town Board of the Town of Red Hook as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-2018 by L.L. No. 5-2018]
All burial plots are sold in accordance with the provisions of the laws of the State of New York and shall not be used for any purposes other than as a burial place for deceased human beings. Interments are restricted to those entitled to be buried therein. Plot owners are prohibited from allowing internment to be made on their plot for compensation. No "for sale" sign is allowed on the grounds. Private sale of lots is prohibited. Transfer of lots within a family to the extent required by law shall be supported by proper affidavits acceptable to the Town Clerk. The plot record maintained in the office of the Town Clerk shall be presumptive evidence of ownership. Permanent maintenance shall be deemed to include mowing of sod at least three times annually, and such other maintenance as the Town may in its discretion provide for from funds available therefor.
Charges for plots and services shall be established from time to time by resolution of the Town Board, and may include higher fees for nonresidents.
Operation and management of the cemetery, including additional restrictions on use, will be in accordance with rules and regulations established from time to time by resolution of the Town Board.
A. 
The cemetery is open from dawn to dusk only. Any person found in the cemetery outside the open hours, excluding maintenance staff and others with express authorization of the Town Supervisor, shall be considered a trespasser and prosecuted in accordance with New York State Penal Law.
B. 
Possession or consumption of alcohol or controlled substances is prohibited in the cemetery.
C. 
Animals are not permitted except service animals as defined in the New York State Human Rights Law.
D. 
No firearms are allowed except for military or veterans' services.
E. 
Vehicles shall not obstruct roadways during a burial or funeral processions or interfere with the operations of cemetery maintenance. Vehicles shall not be driven at a speed greater than 10 miles per hour, and are to be parked on the side of the road and shall not be parked on any graves. No all-terrain vehicles or RVs are permitted on cemetery grounds.
F. 
No dumping of waste, garbage or refuse is permitted on cemetery property.
A. 
Failure to comply with the provisions of this article shall constitute a violation. Each and every separate violation of the provisions of this article is a violation and, upon conviction, shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days for a first offense. Maximum fines shall be $750 or imprisonment not to exceed 30 days for a second offense and $1,500 or imprisonment not to exceed 30 days for a third or greater offense occurring, in all events, within 18 months.
B. 
Any police officer or peace officer with jurisdiction including the area of the cemetery shall be authorized to issue appearance tickets for any violation of this article.
C. 
An action or proceeding may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article or notice or order issued by a police officer or peace officer pursuant to any provision of this article. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.
A. 
The Town of Red Hook, Dutchess County, New York, its officers, employees, volunteers and representatives, shall not be liable for, nor shall any civil action be maintained against any of them for damages or injuries to persons or property sustained by reason of any dangerous or defective condition, maintenance or repair of any physical structure or condition at the cemetery, including, without limitation, fencing, ground surface, lighting, insect and animal nests, graves, memorials, and headstones, unless prior written notice of such dangerous or defective condition specifying the nature of the defect and the particular place found was actually given to the Town Clerk and there was a failure or neglect within a reasonable time after the giving of such notice to repair or remove the defect.
B. 
The Town of Red Hook disclaims all responsibility for cemetery losses or damages from causes beyond its reasonable control and especially from damage by an act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief-makers, explosion, unavoidable accidents or any cause, similar or dissimilar, that is beyond the reasonable control of the management, whether the damage be direct or collateral.