City of Waltham, MA Chapter 4 Cemeteries [1]

[1] Editor's Note: Former Ch. 4, relative to cemeteries, was repealed by Ord. No. 27106, adopted Mar. 25, 1991, which ordinance enacted a new Ch. 4 to read as set out in §§ 4-1—4-10. The repealed provisions derived from Gen. Ords. 1962, §§ 2-5, 2-8, 2-9, 4-1—4-7, and Ord. No. 20908, adopted Sept. 9, 1963.

State law reference—Public cemeteries M.G.L.A. c. 114, §§ 10-27.

Sec. 4-1 Department. [1]

[Ord. No. 27106, 3-25-1991; Ord. No. 30193, 6-27-2005]

(Reserved)

[1] Editor's Note: See Ch. 2, Administration, Art. XIV, Consolidated Public Works Department, for additional regulations regarding cemeteries.

Sec. 4-2 Board of cemetery commissioners established.

[Ord. No. 27106, 3-25-1991; Ord. No. 30193, 6-27-2005]

There is hereby established a Board of Cemetery Commissioners (hereafter referred to as the "Board").

Sec. 4-3 Members and officers; meetings.

[Ord. No. 27106, 3-25-1991; Ord. No. 30193, 6-27-2005]

(a) The Board shall consist of three members, who shall be appointed by the Mayor subject to confirmation by the City Council. Initial appointments shall have one member appointed for a one-year term, a second member appointed to a two-year term, and a third member appointed for a three-year term. Thereafter, each successor Commissioner shall be appointed for a full three-year term. Members may be appointed to successive terms. Vacancies occurring in any position during a term shall be filled for the balance of the unexpired term in the same manner as an original appointment. Except in the case of the filling of vacancies, the Mayor shall submit the name of each such nominee on or before the first Monday of February of each year. The Director of the Consolidated Public Works Department shall not serve as a member of the Board.

(b) The Mayor shall, before the first Monday in March, designate one of the Commissioners to serve as Chairman.

(c) The members of the Board shall meet on the first Monday in March of each year, or as soon as thereafter is convenient, and shall organize, and shall choose a clerk who shall keep a record of their proceedings.

Sec. 4-4 Powers and duties generally.

[Ord. No. 27106, 3-25-1991; Ord. No. 30193, 6-27-2005]

The Board shall have charge of the care of the public cemeteries and burial places of the City and shall make all necessary rules and regulations not repugnant to law, relating thereto.

Sec. 4-5 Sale or exchange of lots.

[Ord. No. 27106, 3-25-1991; Ord. No. 30193, 6-27-2005]

(a) The Board may lay out cemeteries and burial places into lots, and shall set apart a suitable portion as a public burial place for the use of residents, in accordance with written policies and guidelines established by the Board. The Board may sell to any person, resident or nonresident, the exclusive right of burial in any lot, of erecting tombs, stones, monuments and cenotaphs thereon, and of ornamenting the same upon such terms and conditions as the Board shall prescribe. The proceeds of such sales shall be paid into the City Treasury and credited to the Cemetery Department account. Such monies shall be used to pay for the cost of maintaining and making improvements to City Cemeteries and burial places.

(b) The Board may, in its discretion, accept as payment in full, or as part payment, of the consideration for rights in any lot, a deed from the purchaser conveying to the City similar rights owned by that purchaser in any other lot located within a City cemetery.