[HISTORY: Adopted by the Village Board of the Village of Winneconne as Title 8, Ch. 4, of the 2012 compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
A. 
Purpose. The Winneconne Cemetery is owned and maintained by the Village of Winneconne for the benefit of all citizens. It was founded in 1871 by the Winneconne Cemetery Association which conveyed the cemetery property and trust funds to the Village in 1962. The Cemetery Association made several additions to the original plat between 1871 and 1962. There have been two additions under Village ownership: the John M. White Addition in 1969 and a two-acre land purchase in 1992, which has not yet been developed. Rules and regulations are established by the Village Board to ensure proper maintenance and beauty and to prevent abuse and destruction. The following rules and regulations are set forth in this chapter to govern the cemetery. The Village reserves the right to amend or change any of these ordinances to conform to newly developed cemetery practices.
B. 
Management. The Village Cemetery, and its operations, shall be managed by the Cemetery Board.
C. 
The Village Board may, from time to time, acquire lands for cemetery purposes as the same required, in the manner provided by law. The Cemetery Board shall have full power and authority to exercise general supervision over said cemetery and shall establish cemetery rules.
D. 
General cemetery operations are subject to the provisions of § 69.18 and Ch. 157, Wis. Stats.
A. 
Persons or their agents desiring to purchase a lot in the cemetery are referred to the office of Village Clerk-Treasurer, where maps and records are available on location, size, cost and other pertinent information on lot ownership. Upon making a lot selection, the purchaser will sign an agreement defining the lot description, cost with perpetual care and date that payment will be made.
B. 
Upon full payment of the purchase price of the lot and perpetual care as prescribed as determined by Village Board, the Clerk-Treasurer will issue a cemetery deed, under seal, and a certificate of perpetual care, recording the deed and certificate in the cemetery records.
C. 
Lots or fractions of lots, for which lot deeds have been issued by the Village, shall not thereafter be divided except by consent of the Village. All lots are exempt from taxation and cannot be seized for debt except those owed to the cemetery, nor can they be mortgaged. All repossessed vacant grave spaces shall be subject to the same fees and charges.
A. 
Lot owners or legal heirs may resell or transfer ownership of lots by following the procedure applicable to the situation. Forms needed to complete the procedure are available in the Village office. Upon completion, the forms must be filed with the Clerk-Treasurer, along with applicable fee, and the reconveyance or transfer of lot ownership will be entered into the cemetery records. Fees are as determined by Village Board.
B. 
A Cemetery Deed form must be completed if the owner(s) or heir(s) are selling said lot(s). The form shall be fully executed by the seller at no expense to the Village and a copy filed with the Clerk-Treasurer.
C. 
The Cemetery Board may agree to buy back a lot or parts thereof from the owner(s) or heir(s) at the original cost paid for the lot and perpetual care, if it can be determined there are no unmarked burials on said lot. The seller(s) shall return the original deed and perpetual care certificate to the Clerk-Treasurer upon completion of the transaction.
D. 
Owner(s) or heir(s) wishing to transfer ownership of lots or parts thereof, in the form of gift or bequest, must complete a Lot Transfer form and file a copy with the Clerk-Treasurer.
A. 
The lot owner or his/her authorized agent shall have the right to use a lot or portion of a lot for burial purposes only in accordance with the terms of the cemetery rules and regulations.
(1) 
The lot owner shall have acquired the lot for interment of himself/herself and members of his/her family. However, the lot owner may grant written permission (which must be notarized and placed on file with the Village Clerk-Treasurer) for the burial of other persons. A Burial Rights form is available in the Village office for this purpose. No corpse shall be interred in a lot except the corpse of one having an interest therein, or a relative, except by the consent of all persons having an interest in the lot.
(2) 
Lot owners may choose to enlarge originally platted grave spaces, thereby reducing the number of future grave openings possible, by filing a notarized burial plan with the Clerk-Treasurer.
B. 
Unless otherwise directed, in writing, and filed with the Village Clerk-Treasurer, the lot owner, his/her devisees, or his/her heirs, the cemetery will permit the interment of members of his/her family at the request of any interested person upon proof of eligibility for burial as follows:
(1) 
The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(2) 
When there is no surviving spouse, the devisees, or heirs of the owners, may, by agreement in writing, determine who among them shall have the right of interment or direction for interment, which agreement shall be filed with the Village Clerk-Treasurer.
(3) 
In the event the owner, his/her devisees or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner, shall have the right to interment in order of their need.
C. 
In case of death of a lot owner, when the cemetery lot is disposed of through a probate proceeding, a certified copy of the final court document assigning the lot shall be filed with the Village office. If there is an unprobated will, a certified copy of the will must be delivered to the Clerk-Treasurer before the Village will recognize the change of ownership. If the deceased lot owner left no will, and there is no probate, satisfactory proof of descent must be provided. It is recommended that the lot owner(s), in making their wills, include a provision covering the cemetery lots and devise same to one person.
D. 
Whenever possible, repossessed lots may be used for burials before new areas of the cemetery are used or platted as permitted by the Wisconsin Statutes.
A. 
The Village of Winneconne assumes costs for permanent care of lots, roads, buildings, equipment and trees, hedges and shrubs planted with the approval of the Cemetery Board. Funds for these costs are derived from income earned on investment of perpetual care funds and an annual budget allotment approved by the Village Board. The perpetual care fund contains money paid by the lot owner upon purchasing a lot. The fund may also be increased by gifts or bequests.
B. 
"Perpetual care" shall be construed to mean the obligation which the Village assumes to use the net annual income received from the investments of the fund and an annual budget allotment approved by the Village Board; perpetual care shall be limited to the maintenance of lawns, trees and shrubs, leaf disposal, filling sunken graves and raising of markers, caring for avenues, alleys, fences, buildings, and grounds in general. It is understood that such expenditures shall be made at the discretion of the Village. The Village shall not be bound to make a separate investment of money set aside for perpetual care from a particular lot sale, but the same shall be added to the perpetual care fund of the Village and the proceeds therefrom used by the Village in the manner as heretofore provided. Nothing herein shall be construed as obligating the Village as to any alleged existing contract regarding perpetual care. The Cemetery Board shall have sole discretion over determining the use of perpetual care funds.
C. 
Cemetery maintenance does not include the cost of repairing damage to grave markers through vandalism, acts of God or deterioration. This is the responsibility of the lot owner.
A. 
Decorations.
(1) 
Liability. Decorations and planters are placed at the risk of the persons making such placement. The Village shall not be liable for any damage or loss of any plantings, decorations or planters. All decorations shall be placed in line with existing markers.
(2) 
Enclosures. No hedges, fences or enclosures of any kind will be permitted on or around lots. Wooden boxes, wire containers, glass jars, food/beverages, bottles, toys, cans and other such objects may not be placed on lots and, if so placed, will be removed by the Village without notice. Any existing enclosures are grandfathered in.
(3) 
Artificial flowers. A limited amount of artificial flowers displayed in the cemetery must be in containers and placed on the marker base extension. Artificial flowers not in containers will be removed by the Village.
(4) 
Fresh flowers. Fresh cut flowers may be displayed and will remain until, in the judgment of the Village, they become wilted or unsightly. Containers for cut flowers are to be an unbreakable type, placed level with the ground surface or set on the marker base extension.
(5) 
Potted plants. Potted plants may be set on lots, without disturbing the sod, but will be removed if unsightly.
(6) 
Wire stands. Wreaths on wire stands may be placed at the head of a lot, near the marker or monument, between October 15 and April 15. Wreaths remaining after April 15 will be removed by the Village.
(7) 
Funeral flowers/wreaths. Funeral arrangements may remain following a burial until wilted and unsightly, after which they may be removed by the Village.
(8) 
Seasonal decorations. No seasonal decorations are allowed in the cemetery in October and April.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Lot landscaping.
(1) 
Work performed by Village. All landscaping, lot care and other work in the cemetery will be done by the Village. Lot owners are encouraged, however, to consult with the Village at any time; the advice of Village officials will be cheerfully given without charge and may be of assistance to those contemplating purchase of or improvements to a cemetery lot.
(2) 
Placement of turf/soil. No soil or turf shall be raised upon any grave above the grade of the lot, or turf placed or disturbed to plant seeds or plants.
(3) 
Planting of trees/shrubs. Trees and shrubs shall be planted only with the written consent of the Cemetery Board. All plantings shall be in line with existing markers or in designated planting areas shown on the cemetery maps.
(4) 
Removal of trees/shrubs. Lot owners may arrange with the Cemetery Board for the removal of trees and shrubs planted in previous years that have died or hinder the full usage of a cemetery lot.
C. 
Village rights.
(1) 
The Village shall retain ownership of all aisles, walkways, and designated planting areas shown on cemetery maps.
(2) 
The Village reserves the right for its workers and those persons necessary to the performance of normal cemetery operation to enter upon or cross over any lot in the cemetery in the performance of such duties.
(3) 
The Village, or its employees, assumes no liability for damages to property or of persons, or for physical or mental suffering arising out of the performance of its normal operations, or for loss by vandalism or other acts beyond its reasonable control.
(4) 
The Village reserves the right to alter, use, change or close alleys, roadways, water mains and other physical public properties of the cemetery.
A. 
The cemetery will be open to visitors at all times between the hours of 7:00 a.m. and dusk. Permission to enter the cemetery at any other time must be obtained from the Police Department, the Village Board or Cemetery Board.
B. 
Persons or picnic parties with refreshments, alcoholic beverages or illegal drugs are not permitted within the municipal cemetery.
C. 
Dogs will only be allowed in the cemetery when confined in a vehicle or if trained to assist persons with disabilities.
D. 
Firearms will not be allowed in the cemetery except in conjunction with military funerals and Memorial Day. At all other times, firearms, bows and arrows, slingshots and other like articles will not be allowed. Driving golf balls is prohibited.
E. 
Visitors are required to use the walks and drive whenever possible and shall not pick any flowers (either wild or cultivated), injure any shrub, tree or plant, or mar or deface any monument, stone or structure in the cemetery.
F. 
Vehicles traveling within the cemetery shall not exceed five miles per hour. No vehicle shall be driven except on roads designated for that purpose, nor shall such be driven in a reckless manner.
G. 
No riding of bicycles, motor bikes, snowmobiles, motorcycles or other such vehicles will be allowed in the cemetery unless such vehicles are present in conjunction with cemetery business.
H. 
The depositing of rubbish on cemetery roads, or any part of the grounds, is strictly prohibited. Receptacles are provided for waste.
I. 
The cemetery may be closed at the direction of the Director of Public Works due to weather, grounds condition or other circumstances warranting closure.
A. 
Interments.
(1) 
Interments are arranged through the Clerk-Treasurer's office during regular business hours. With favorable weather and ground conditions, two-day advance notice is required for the preparation and opening of a grave. A longer time may be required during times of adverse weather or ground conditions and the funeral director will be asked to arrange a reasonable extension.
(2) 
The current schedule of grave opening fees is available in the Village office. Charges will vary for adult and baby burials on weekdays or on Saturdays. No burials will be made on Sundays or official Village holidays without approval of the Clerk-Treasurer. Grave opening fees shall cover restoration of the site after burial. The Village will assume no responsibility for the protection, maintenance, damage or vandalism to flowers, wreaths, or any items used in funeral or interment proceedings.
(3) 
All graves shall be dug under the contract of the Village under the direction of the Public Works Department. Depth of graves shall conform to the Wisconsin State Board of Health specifications. The interment of bodies of persons who have died of contagious disease shall be made in strict accordance with the rules of the State Board of Health.
(4) 
A legal burial permit and the grave opening fee shall be paid prior to interment.
(5) 
One burial per grave space will be allowed except that space will be allowed if the remains are cremated. (Subsection C below regarding cremains.)
(6) 
Aboveground burials will not be allowed.
(7) 
Only human remains shall be buried in the cemetery.
B. 
Disinterments.
(1) 
A completed disinterment permit, issued by the Winnebago County Coroner's office, is required before human remains are removed from the Winneconne Cemetery. When a body has been cremated and the ashes buried, no disinterment permit is required to move the ashes.
(2) 
A disinterment permit is the only authority required by law to transport disinterred remains and reinter the remains. A burial permit is not required. No death certificate is required to obtain a disinterment permit because the original death certificate has already been filed with the state and the local registrar at the place where death occurred.
(3) 
Disinterred corpses are declared dangerous to health and shall not be transported unless each corpse is accompanied by a separate permit from the local health officer for removal, showing the name, age, place, cause of death and medical attendant, the point to which it is to be shipped, and the undertaker in charge and attached to such permit is the consent of the Department of Health Services.
(4) 
A validated disinterment permit must be presented at the Village office before any disinterment can take place. All removals will be made by the Village under the supervision of a licensed funeral director, according to Wisconsin Statutes.
C. 
Cremains.
(1) 
Cremation of a dead human body shall be considered as a final disposal of that body. No additional permit covering transportation, interment or other disposal of the ashes of a cremated body is required. Cremains will be interred at the current Fee Schedule.[1] Cremains must be disposed of in a respectable way. Scattering or dispersal of cremains over public grounds is not allowed. Two cremains may be buried in a single grave space. One cremain may be buried in a crematorial grave space.
[1]
Editor's Note: The Fee Schedule is on file in the Village office.
(2) 
Disinterment of cremains requires permission of the Village Cemetery Board.
A. 
Grave markers and foundations will be set only by the monument company according to regulations specified by the Village. Except as herein otherwise provided, under no conditions will the Village construct monument or marker bases or erect monument or markers on bases. The Village reserves the right to require the construction of a foundation of such size, material and design as directed by the Village as will provide ample insurance against settlement or injury to the stone work. The top of the concrete foundation will be constructed flush with the ground line. Whenever possible, all markers will be set with a five-inch margin, with 12 to 15 inches on at least one end.
B. 
A marker permit application, stating the size, type and desired location of said marker must be filed with the Clerk-Treasurer's office at least one week before the intended installation. Upon issuance of the marker permit, Village personnel will stake the approved location a minimum of one working day in advance of the intended installation date stated on the permit. The permit becomes void and the fee forfeited if installation is not completed within 30 days of the date stated on the permit. A new application and fee will then be required to complete the installation. The lot must be paid for in full before the marker permit is issued.
C. 
All upright national and state veteran markers will be set by the Village. All others are the responsibility of the lot owner. The setting of monuments, stones and markers, and the transportation of all tools, materials, etc., within the cemetery shall be subject to the supervision and control of the Public Works Department. Unless special arrangements are made with the Village, such work will be conducted between the hours of 7:00 a.m. and 3:00 p.m., Mondays through Fridays. All work as outlined above shall be completed and debris removed immediately.
D. 
The Village reserves the right to refuse permission to erect any monument work not in keeping with the good appearance of the grounds. The Village may refuse to issue a monument permit for any monument or marker that in the opinion of the Cemetery Board will be unaesthetic in appearance. The size of the monument or market must be in harmony with the size of the lot.
E. 
All monuments must be set in line with other monuments so far as possible as directed by the Cemetery Board or its designee. Only two markers will be allowed on a grave space, of which one will be flush with the ground and of a size which meets the approval of the Cemetery Board.
F. 
Stone work or monument work, once placed on its foundation, shall not be removed, except by permission of the Cemetery Board.
G. 
The lot must be paid in full or other assurance given of payment before markers and monuments are set.
H. 
Temporary markers must be removed or replaced with a permanent marker within one year.
I. 
Bronze government markers may be placed on the backside of a family stone.
A. 
It is urged that lot owners interest themselves in the present and future care of their lots, as a single neglected lot mars the beauty of the entire cemetery.
B. 
The Village will take reasonable precautions to protect all private property, lots and/or grave owners' property in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its control and especially from the acts of thieves, vandals and rioters and from all acts of Providence, including wind, tornadoes, hail, snow, rain and frost, whether the damage be indirect or proximate.