[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as Ch. 21 of the 1986 Town Code. Amendments noted where applicable.]
As used in this chapter, the following words and phrases will have the meanings indicated, unless the context clearly indicates a different meaning:
- The Monterey Cemetery or the Town cemetery.
- MONTEREY CEMETERY
- The cemetery previously owned and operated by the Monterey Cemetery Association and transferred to the Town pursuant to § 157.064, Wis. Stats., which is located in the unincorporated Village of Monterey.
- Any person, firm or corporation.
- A resident of the Town of Oconomowoc, Waukesha County, Wisconsin.
- TOWN CEMETERY
- The cemetery owned by the Town, located on the south side of CTH "K" in the NW 1/4 section of the NE 1/4 of Section 23.
All provisions of the Town ordinances now in force or hereafter enacted, relating to and defining public offenses in the Town, shall, insofar as applicable, be in full force and effect in the cemeteries.
No person, other than authorized officers, officials or employees of the Town, shall enter into or be upon the cemetery grounds of the Town during the time after sunset and before sunrise any day without first obtaining the permission of the Chief of Police. No person shall at any time enter or leave the grounds other than by the established and open entrances or gateways.
No person shall trespass upon lots and graves of the Town cemetery. This section shall not be construed to prohibit any person having lawful business in the cemetery in connection with improvement thereof or persons visiting the graves of relatives or friends from being in such cemetery in accordance with the rules.
No person shall drive or move any vehicle within the cemetery except over a roadway open for vehicular traffic, or obstruct any path or driveway within a cemetery open to vehicular traffic. No person shall use the cemetery grounds or any driveway therein as a public thoroughfare or drive any vehicle through such grounds except for purposes of making deliveries in the cemetery or visiting any grave site.
The placing of cut flowers or plastic flowers over individual graves shall be permitted; however, the Town shall not be responsible for the care of such flowers or the containers in which they are placed. Further, the Town shall be permitted to remove, without notice, all flowers, real or artificial, that, in the opinion of the person in charge of maintenance of the cemetery, require removal.
No person shall dispose of any rubbish, trash, waste materials, litter or debris of any kind in the Town cemetery.
No person shall remove, molest, injure, mar, deface, throw down or destroy any headstone, monument, survey marker, corner marker, tomb, vault or mausoleum or decoration on any cemetery lot in such cemetery or open, disturb or molest any grave or place of burial therein. This shall not prohibit acts by Town officers and employees or public officials in carrying out their duties.
No unauthorized person shall plant any tree, shrub or other plant in the cemetery except those permitted by the general landscape plan approved by the Town Board. No unauthorized person shall cut down, injure, break or destroy any tree, shrub or other plant growing in the cemetery or pick or cut any flower or decorative plant except as authorized by the cemetery rules.
The Town has not formally administered Town cemeteries before, and accordingly deeds of conveyance of lots, plots or grave sites were not made. It is the intent of the Town Board to proceed to plat the cemeteries pursuant to § 157.07, Wis. Stats., and to convey platted lots pursuant to § 157.08, Wis. Stats. Ownership shall be as follows:
Lots are to be sold only to residents or property owners of the Town. No lot owner in the cemetery shall transfer a lot or part of lot to any person not entitled to purchase a lot in such cemetery and all such transfers shall be approved by the Town Board.
An administrative charge of $5 per transfer shall be made by the Town Board to defray the administrative costs of the Town in accomplishing such a transfer.
Multiple ownership of lots shall be at the discretion of the Town Board.
Final determinations as to residency and/or the right to ownership shall be by the Town Board.
The Town Board shall from time to time, by resolution, establish a purchase price of the lots and perpetual care.
Section 157.11, Wis. Stats., is hereby adopted by reference and the terms thereof shall apply to the improvement and care of lots within the Town cemeteries, so far as applicable. If a perpetual care fund is established by the Town Board, § 157.50(6), Wis. Stats., shall control the administration of such fund.