[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.]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
"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.
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.
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.
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.
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.
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.
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.
Funeral flowers/wreaths. Funeral arrangements may remain following
a burial until wilted and unsightly, after which they may be removed
by the Village.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The cemetery may be closed at the direction of the Director of Public
Works due to weather, grounds condition or other circumstances warranting
closure.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.