Town of Williamson, NY Chapter 74 Cemeteries

[HISTORY: Adopted by the Town Board of the Town of Williamson 6-23-2009 by L.L. No. 1-2009[1]; amended in its entirety 5-11-2021 by L.L. No. 1-2021. Subsequent amendments noted where applicable.]

[1] Editor’s Note: This local law also superseded former Ch. 74, Cemetery, adopted 11-12-1996.

§ 74-1 Purpose; enforcement.

A. For the mutual protection of the lot owner and the cemetery as a whole, the following rules and regulations have been adopted by the Town Board of the Town of Williamson as rules and regulations of all Town-owned cemeteries in Williamson, New York. All lot owners, visitors and cemetery vendors and all lots sold shall be subject to said rules and regulations that may be adopted from time to time as deemed necessary by the Town of Williamson.

B. The Town is hereby empowered to enforce all ordinances, rules and regulations regarding cemetery function and operation and to exclude from a cemetery any person violating the same. The Town shall have charge of the grounds and buildings, including the conduct of funerals, traffic, employees, plot owners and visitors.

§ 74-2 Interments.

A. Concrete vaults or concrete liners will be required for interments in all graves, except in the case of a child under one year of age, for which a plastic vault is allowed.

B. Each gravesite is limited to:

(1) One burial vault and one cremation; or

(2) Two cremations.

C. Ashes from cremation require a suitable permanent container.

D. No burials or remains shall be put in winter storage without a transit permit.

E. No grave shall be dug in the winter between December 1 and April 1 if the Town Clerk deems frost, weather or any other conditions unfavorable.

F. No cremation or burial will be done unless paid in full.

G. Cremated remains will not be permitted to be scattered in any part of a cemetery.

§ 74-3 Lots; graves.

A. The Town Clerk is responsible for the original sale of graves and/or lots.

B. The purchase of cemetery lots includes perpetual care, which involves normal mowing, seeding and routine care.

C. Permission of the grave and/or lot owner to anyone other than a family member to use a grave within a specific lot shall have a notarized letter so stating on file at the Town Hall.

D. The private resale of lots is strictly prohibited.

E. Under unusual circumstances, the Town Board may recommend the repurchase of a grave and/or lots for the original purchase price. The Town is under no obligation to repurchase any grave and/or lot for any reason whatsoever.

§ 74-4 Markers and monuments.

A. All markers and monuments shall have a foundation of sufficient depth to be below the frost line (36 inches or 54 inches for large markers) and shall be under the control of the Town Board or designee.

B. Monuments and markers shall be made of granite or standard bronze.

C. All grass markers shall be set level to the ground for mowing expediency.

D. The width of the monument is governed by the width of the lot. The width of the monument shall not exceed 50% of the average width of the lot, excluding the foundation.

E. Monuments or markers shall be delivered to the designated site and set in place by the dealer. The dealer is responsible for all damages to lots or property. Deliveries and settings shall be scheduled between April 1 and December 1.

F. Monuments are to be set on the head end (west side) of the lot, with the lettering facing west.

G. All monuments/markers shall be placed on concrete foundations having dimensions two inches greater in length and width than the base of the monument/marker, and a depth of up to three feet.

H. All foundations shall be installed by the Town at a cost to the family/lot owner/monument company.

§ 74-5 Decorations; prohibited items; lost or removed items.

A. All items (excluding monuments and veteran or firemen flag holders) .shall be removed from gravesites by April 1 and October 1 and new decorations shall not be placed until April 15 and October 15. Any items not removed between those dates will be disposed of by the Town.

B. Funeral flowers will be removed as soon as they fade, wither, and become unsightly.

C. No glass containers of any kind will be allowed in a cemetery.

D. The use of paper-made containers, wire holders for flower pots, wire, plastic trellis or wooden fences on graves is prohibited.

E. Placing of crushed stone, wood chips or shells on graves is strictly prohibited.

F. Watering cans and other utensils cannot be stored adjacent to markers or graves.

G. Urns should be placed as close as possible to the monument, either to the left or right of the monument, so that they will not interfere with the mowing and trimming equipment.

H. No more than one eight-inch or larger urn or pot will be allowed on a gravesite.

I. No temporary crosses, statues, votives, solar lights, toys or novelties, food or beverage items are permitted on gravesites.

J. Only one real wreath shall be permitted per gravesite.

K. The Town reserves the right to remove any and all decorations, flowers, wreaths, containers, etc., deemed unsightly or that interfere with grounds maintenance. The Town is not responsible for lost or removed items.

§ 74-6 Plants and flowers.

A. Planting of perennials/annuals/bulbs are permitted only to the left or right of the stone/monument, and no higher than the height of the stone/monument within the owner's lot.

B. No shrubs, bushes or trees may be planted on lots or graves, donations of plants, shrubs, bushes or trees are acceptable. Please contact the Town Board or its designee for details.

C. Absolutely no artificial plants, wreaths, flowers, or markers are permitted in a cemetery.

§ 74-7 Vehicles.

A. Automobiles must be kept on roads/paths for that purpose at all times. No driving is allowed on any section or over lots or lawns under any pretense whatsoever.

B. Vehicles may not be permitted to enter a cemetery during periods of inclement weather. The roads in a cemetery are seasonal use only and not maintained during winter months.

C. No unlicensed or recreational vehicles (snowmobiles, four-wheelers, dirt bikes) are allowed in a cemetery at any time.

§ 74-8 Disclaimer of responsibility.

The Town of Williamson 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, beyond control of the management, whether the damage be direct or collateral. Any or all items deemed in violation will be removed at any time by the Town.

§ 74-9 Additional information.

A. No horseback riding or walking dogs in a cemetery at any time.

B. Violations of the above rules and regulations shall be prosecuted by law.

C. For information regarding the rules and regulations of all Town-owned cemeteries in the Town of Williamson, it is advisable for the parties directly concerned to obtain such information from the Town Clerk's office of the Town of Williamson.