[HISTORY: Adopted by the Village Board of the Village of
Hollandale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-2-2019[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 355, but
was renumbered to maintain the organization of the Code.
This article is entitled "Village of Hollandale Cemetery Ordinance."
The purpose of this article is to establish regulations governing
the operation and maintenance of the cemetery within the Village.
The Village Board of the Village of Hollandale has the specific
authority under § 157.50(2), Wis. Stats., and general authority
under its village powers under § 61.34, Wis. Stats., to
adopt this article.
This article, adopted by a majority of the Village Board on
a roll call vote with a quorum present and voting and proper notice
having been given, confirming the authority, powers, and duties noted
in Chs. 61 and 157, Wis. Stats., and has established, pursuant to
these chapters and this article, those powers and duties of the Village
Board of the Village of Hollandale to manage and operate the cemetery
located in the Village.
In this article:
Entombment, inurnment, or interment.
Any location for burial of human remains in the Village.
The body of a deceased individual that is in any stage of
decomposition or has been cremated.
A single grave lot platted in accordance with § 141-6, whether or not occupied by a grave.
Any container that is placed or intended to be placed into
the burial excavation of a grave and into which a casket is placed
or intended to be placed at the time of burial.
A Village employee, person, committee or independent contractor
designated to act administratively and to manage, operate, maintain,
and provide care for the Village cemetery or any part of the operations
pursuant to this article.
The Village of Hollandale, Iowa County, Wisconsin.
The board for the Village of Hollandale, Iowa County, Wisconsin,
and includes designees of the board authorized to act for the board.
Any municipal cemetery owned, operated, and maintained by
the Village of Hollandale, Iowa County, Wisconsin under § 157.50
Wis. Stats., that is located within the Village.
The Clerk-Treasurer of the Village of Hollandale, Iowa County,
Wisconsin.
The president of the Village of Hollandale, Iowa County,
Wisconsin.
The Wisconsin Statutes, including successor provisions to
cited statutes.
Village of Hollandale Cemetery is owned and maintained by the
Village for the benefit of all citizens. Persons of all denominations
and all religions, of all creeds and races shall be allowed to be
buried in a Village cemetery. This article adopted pursuant to § 157.50(2),
Wis. Stats., governs the construction, management, administration,
platting, maintenance, and operation of the Village cemetery and of
any new cemetery or expanded cemetery of any other type in the Village,
including cemeteries operated by associations, religious orders and
societies, and privately owned, controlled, operated, and maintained
cemeteries. The Village reserves the right to amend this article to
conform to newly developed cemetery practices and to amend bylaws
and regulations, provided that as to any such changes, notice of a
public hearing to be held thereon before the Village Board shall be
thereof be published, posted at least 10 days prior to such hearing.
A.
Platting. Before any new block of any existing Village cemetery or
any other new or expanded cemetery in the Village is opened for the
sale of cemetery lots for burial of human remains after the effective
date of this article, the Village Clerk-Treasurer for the Village
cemetery is subject to § 157.065, Wis. Stats., and shall
cause the blocks and lots to be platted and recorded in the Office
of the Register of Deeds for Iowa County, Wisconsin, in accordance
with § 157.065, Wis. Stats.
B.
Single grave section. The Village Board shall designate, for the
Village cemetery, certain lots as a single grave section, and the
lots within each grave section shall be platted and sold as single-grave
lots.
C.
Purchase or expanded cemetery. The Village shall not purchase any
land for cemetery purposes without approval of the electors of the
Village at a regular or special Village meeting.
D.
New or expanded cemetery. No person or authorized agent of the cemetery
may construct, manage, plat, or operate any new or expanded cemetery
of any type in the Village, after the date of adoption of this article,
without written permit approval of the Village Board. Approval, on
condition, or denial of a permit shall only be made after a public
hearing with a Class 2 notice under Ch. 985, Wis. Stats. Any new or
expanded cemetery to be approved by the Village Board shall be, at
a minimum, properly platted and filed with the Village Clerk-Treasurer
and recorded in the Office of the Register of Deeds for Iowa County,
Wisconsin. No cemetery shall be located, established, or dedicated
contrary to § 157.065 or § 157.128, Wis. Stats.
The minimum acreage size of a new or expanded cemetery in the Village
shall be determined by the Village Board. No cemetery shall be located,
established, or dedicated in violation of a Village, county, or other
zoning ordinance.
A.
The Hollandale Cemetery is owned and operated by the Village. The
Village Board shall have general supervision and control of the cemetery.
The Village Board shall be responsible for the operating and maintenance
of the cemetery, including, but not limited to, the selling of all
lots and graves, maintaining accurate records of all sales, maintenance
of lawn, filling sunken graves, raising markers (if no family can
be found), caring for fences and grounds in general.
B.
All business shall be transacted through the Village Board, including,
but not limited to, orders for work, bills paid companies and lost
and found articles.
C.
The Village, and its officers, employees, contractors, and agents,
including the sexton and the Village Board, assume no liability for
damages to property or person, or for physical or mental suffering
arising out of the performance of its normal operations related to
the construction, management, operation, maintenance, care, and platting
of any Village cemetery, including care of the cemetery, any lot,
and the graves, or for loss by vandalism or other acts beyond its
reasonable control at a Village cemetery.
A.
Price of lots. The Village Board shall from time to time by resolution
fix a price on all lots to be sold for burials in any Village cemetery.
B.
Sales of lots.
(1)
Persons or their authorized agents desiring to purchase a lot in
the Village cemetery are referred to the Village Clerk-Treasurer.
(2)
No lot shall be used for any other purpose than the burial of the
human dead and the placing of appropriate markers as memorials.
(3)
The Village Clerk-Treasurer shall issue a lot order for a selected
lot to a prospective purchaser or his or her agent.
(4)
When the lot is paid in full, a receipt will be issued to the purchaser
by the Village of Hollandale Clerk-Treasurer. The Village Clerk-Treasurer
shall issue a cemetery lot deed to the lot. The original deed from
the Village and the records of the cemetery are maintained by the
sexton and kept at the Village Office, 200 5th Avenue; they are the
only evidence of title to any lot.
(5)
The transfer of lots or parts thereof to another party must be requested,
in writing, to the Village Clerk-Treasurer before said party will
be allowed to use the transferred lots. No person shall be recognized
as owner or part owner of a lot unless his or her name appears on
the cemetery records or they have proof that they are legal heirs.
(6)
For convenience, safety and appearance, the Village will not allow
any other equipment but that of a vault company or a designee by the
Village Board.
A.
Daylight burials. Burials at the Village cemetery shall be made only
during daylight hours, unless with written approval of the Village
Board or designated sexton.
B.
Outer container. All burials and reinternments, at the Village cemetery,
shall require a minimum of a concrete permanent outer burial container
or grave liner.
C.
Grave digging. No grave shall be laid out or dug and closed by anyone
other than a designated cemetery official unless special permission
is given by cemetery officials. All graves at the Village cemetery
and any other cemetery in the Village to be used for burials shall
be opened and dug at no cost or expense to the Village. All graves
shall conform to State of Wisconsin rules specifications. The time
for any disinterment or burial service shall be arranged so that the
grave shall be properly filled and all surplus earth removed before
sunset on the day of the disinterment or burial service, unless that
requirement is specifically waived, in writing, by the Village official
or designated sexton.
D.
Number of graves per lot. No lot at the Village cemetery may be used
for the burial of more than one body, except in the following circumstances:
(1)
Two remains from cremation shall be allowed in one lot with one headstone
or two flat markers to be placed only in line with other stones.
(2)
One full body and one remains from cremation shall be allowed in
one lot, with one headstone or two flat markers to be placed only
in line with other stones.
(3)
All cremation remains shall be placed in a permanent outer burial
container not constructed of wood. No cremation shall be scattered
on any lot or cemetery property.
E.
No green burials allowed.
F.
Interment. The funeral director or designated official is required
to be in attendance at every interment. No interment shall take place
without proper papers in place with all laws having been complied
with. Any person engaged in work while in the vicinity of a burial
must suspend their labor during the service at the grave.
G.
Disinterment. Disinterment of a body will not be made without proper
authority in accordance with the laws of the State of Wisconsin. All
permits must be presented to cemetery officials prior to disinterment.
A.
Setting grave markers. No monument, foundation or marker will be
allowed to be placed on the lot unless the grave site is paid in full.
(1)
Grave markers, monuments and foundations at any Village cemetery
may be set by reputable monument company employees or agents or other
persons authorized by the lot owners or cemetery officials according
to the rules specified in these regulations.
(2)
All markers must have a cement foundation. The top of the foundation
shall be constructed flush with the ground line and be of such size
and design as will provide ample insurance against settlement or damage
to the monument or marker. Whenever possible, all markers shall be
set with, at minimum, a five-inch margin from the outer edges of the
foundation.
(3)
The setting of grave markers, monuments and foundations, and the
transportation of all tools and related materials, within any Village
cemetery is subject to the supervision and control of the Village
Board or the Sexton. Truck operation is not permitted when, in the
opinion of the Village Board or Sexton, truck operation may cause
damage to the driveways or other cemetery property.
(4)
More than one grave marker may be set on a lot with the approval
of the Village Sexton.
B.
Limitations. All of the following apply to monument and markers in
Village cemetery.
(1)
The Village Board may refuse permission to erect any monument, marker
or foundation not keeping with the good appearance of the grounds
at the Village cemetery. The size of any monument or stonework must
be provided to the cemetery Sexton/Village Board and approved before
any work related to any monument, marker or foundation will be permitted
on a lot in a Village cemetery.
(2)
Only one monument or marker shall be allowed per lot.
(3)
No foundation, marker or monument may be larger than the width of
the lot or group of lots purchased. All monuments and foundations
must be set in line with other monuments as far as possible or as
directed by the cemetery officials. No monument or marker may be more
than five feet in height.
(4)
Temporary markers shall be removed or replaced with a permanent marker
within one year. The Village Sexton may require, at minimum, prior
to burial, a deposit of $100, payable to the Village Clerk-Treasurer,
to insure timely placement of a proper marker or monument. The Village
reserves the right to place a marker or monument and to assess any
surviving owners of the lot for the costs of the marker or monument
placed and the costs of installation of said marker or monument. The
deposit will be refunded when a proper marker or monument is completed.
(5)
Removal of a marker or monument, once placed at the Village cemetery
on its foundation, may not be removed, except by written permission
of the Village Board.
(6)
Responsibility for upkeep of markers, monuments and footings is that
of the individual owners. While responsible care will be given to
protect monuments and markers, the Village will not be responsible
for loss or damage to monuments or markers erected within the Village
Cemetery.
Construction of vaults and mausoleums in the Village cemetery
is prohibited.
A.
Tree and shrub planting. The planting of trees and shrubs on any
lots or parts of lots in any Village cemetery is prohibited except
by written consent of the Village Board.
B.
Large tree removal. Lot owners may, with written consent of the Village
Board, remove large trees and stumps on or adjacent to cemetery lots
in the Village cemetery that hinder the full usage of the lot. The
expense of the tree and stump removal shall be paid for by the lot
owners.
C.
Fresh flowers. All flower baskets at grave or lot sites at the Village
cemetery shall be removed by October 15 of each year. Fresh cut flowers
may be used in the Village cemetery at any time. Containers for cut
flowers are to be of a type that is level with the ground surface
and not holding water when not in use; or of the type to be disposed
of when flowers are removed. Deteriorated or unsightly flowers will
be removed from the lot by the Sexton/Village employee.
D.
Flags. American flags will be allowed to be placed by persons during
the calendar year one week prior to Memorial Day to Veterans Day.
Flags left after eight weeks of Veterans Day may be removed by the
Sexton and retained for persons to reclaim for a reasonable length
of time (December 1) of each year.
E.
Potted plants. Potted plants at the Village cemetery may be set on
lots, without disturbing the sod, if removed within five days after
being set. If a potted plant is not removed within five days of being
set on the lot, the potted plant may be picked up and destroyed by
the Sexton/Village employee or removed and preserved for planting
within the Village Cemetery.
F.
Artificial flower decorations; baskets. Artificial decorations are
prohibited in the Village cemetery unless in a vase or pot. Deteriorated
or unsightly decorations, flowers or baskets will be removed from
the lot by the Sexton/Village employee. All artificial decorations
shall be removed by October 15 of each year.
G.
Flowers and plants. Flowers or plants may be planted directly into
the ground in front of or behind the grave marker. Deteriorated or
unsightly flowers or plants will be removed from the lot by the Sexton/Village
employee. All flowers shall be removed by October 15 of each year.
H.
Vine, wreath and memorial removals. Vines, wreaths and memorial or
personal memorabilia items that interfere with the proper care of
lots or graves or may damage the grass will be removed from the Village
cemetery by the Sexton/Village employee when found objectionable.
A.
Visiting hours. The Village cemetery shall be open to visitors at
all times between the hours of 8:00 a.m. and 1/2 hour after official
sunset. Visitors are required to use existing roadways whenever possible.
B.
Dogs and other animals. Dogs and other animals are permitted in the
Village cemetery only if confined in a vehicle or if the dog is a
service animal accompanying a person with sight impairment or other
disability while in the Village cemetery.
C.
Firearms. Except in conjunction with military funerals or specific
memorial events permitted by the Village Board, use of firearms is
prohibited in the Village cemetery. In the event that the Village
Board separately authorizes the posting of signs under Ch. 943, Wis.
Stats., the carrying of firearms may be prohibited, except in the
case of the events specifically permitted above. Bows and arrows,
crossbows, and slingshots are not to be brought into the Village cemetery.
No hunting or trapping is allowed in the Village cemetery.
A.
Fee payment location. All fees and charges as outlined for any Village
of Hollandale cemetery in the current schedule of fees and charges
are payable to the Village Clerk-Treasurer of the Village of Hollandale
at the office of the Village Clerk-Treasurer, where receipts will
be issued for the amount paid.
B.
Schedule of payments. A schedule of fees and charges for the Village
cemetery, as established by the Village Board by resolution, shall
be on file in the office of the Village Clerk-Treasurer. The Village
Board may by resolution change the schedule from time to time without
advance notice to conform the fees and charges to current economic
conditions.
C.
Sexton. The Village Board, by resolution, may designate, retain,
or employ a person as Sexton or may designate any other person or
committee to act administratively and to manage, operate, maintain
and provide care for the Village cemetery or any part of the operations
or of any proper insurance and indemnification protection for the
Village, its officers, employees and agents, to be an independent
contractor or agent retained under written contract for a fixed time
of years. The Village Board, consistent with this article, shall designate
the authority, responsibility and duties to the Sexton by written
resolution. The Village Board shall be responsible for proper supervision
of the Sexton. Should the Village Board fail to designate a Sexton,
the Village Board shall perform the Sexton's duties under this
article.
A.
Citation. The Village Board may establish a citation ordinance for
enforcement of violations of this article and for any bylaws or regulations.
B.
Penalties. Any person who violates any provision of this article
or any order, rule or regulation made or adopted hereunder, shall
be subject to forfeiture of from $100 to $500 for each offense. Each
day that a violation continues shall be considered a separate offense.
Further, it is declared as a matter of public policy that any act
in violation of this article constitutes a public nuisance that is
subject to abatement upon order of the Village Board. The Village
Board may, where appropriate, seek injunctive relief action to prevent
violations of this article and Ch. 157, Wis. Stats. Furthermore, The
Village Board reserves the right to withhold from any person in violation
of this article and Ch. 157, the Wis. Stats., the issuance of any
Village of Hollandale license, authorities, grants or permits and
any additional cemetery lot purchases and permits for burial or disinterment
until the violation has been abated and all penalties and costs satisfied.
The provisions of this article shall be deemed severable and
it is expressly declared that the Village of Hollandale would have
passed the other provisions of this article irrespective of whether
or not one or more provisions may be declared invalid. If any provisions
of this article or the application to any person or circumstances
is held invalid, the remainder of this article and the application
of such provisions to other persons or circumstances shall not be
affected thereof.
This article shall take effect upon passage and publication
by law. The Village Clerk-Treasurer shall properly publish this article,
as required under § 60.80, Wis. Stats.
