[HISTORY: Adopted by the Board of Trustees of the Village
of Old Westbury 9-18-2023 by L.L. No. 4-2023. Amendments noted where
applicable.]
The Board of Trustees of the Incorporated Village of Old Westbury
finds that the practice of interment of human remains upon private
property may have severe ramifications. Those ramifications include:
A.
Original
owners may move or die without providing for long-term care of graves,
leaving them unattended and neglected;
B.
Such interments
may create clouds on title to these lands, making transfer of property
difficult;
C.
Desecrations
may occur;
D.
The public
may mistakenly expect that the Village will maintain and preserve
private burial grounds.
In view of the above, the Board of Trustees hereby prohibits
all interment of human remains upon private property in order to regulate
what may otherwise be the indiscriminate burial of human remains.
A.
Any person
who shall be found to violate any provision of this chapter shall
be served by the Village's Superintendent of Buildings with written
notice providing 90 days for the exhumation of the buried remains.
The offender shall, within the period of time stated in such notice,
permanently cease all violations.
B.
Any person
who shall continue any violations beyond said time limit shall be
guilty of an offense and, upon conviction thereof, shall be fined
in an amount not exceeding $1,000 for each violation. Each day in
which any violation shall continue shall be deemed a separate offense.
C.
The provisions
of this section shall be in addition to and shall not preclude the
enforcement of this chapter by application to the New York Supreme
Court for injunction or by any other lawful means. Any person violating
any of the provisions of this chapter shall become liable to the Village
for any expense, loss or damage occasioned by it by reason of such
violation.
