[Adopted 9-11-1957 by Ord. No. 52; amendments noted where applicable]
[Ord. No. 16-009]
This chapter shall be known and may be cited as the "Roosevelt Municipal Cemetery Ordinance."
[Ord. No. 52-7; Ord. No. 16-009]
As used in this chapter:
- Shall mean a child of half or full blood and a legally adopted child of or under the age of 21.
- FULL TIME EMPLOYEE
- Shall mean an employee whose regular work week for time actually worked, i.e., excluding lunch and break/rest periods, has not been less than 35 hours per week for at least 25 years, and who has been employed on a regular, i.e., not seasonal or temporary basis, for at least 25 years.
- IMMEDIATE FAMILY
- Shall mean wife, husband, and unmarried Child.
- Shall mean a person residing in a fixed abode indicating permanency of occupation as distinct from lodging, boarding or temporary occupation of a term of less than one year.
- Shall mean one who has his residence in the Borough of Roosevelt.
[Ord. No. 16-009]
The Cemetery as herein described shall be known as the Roosevelt Municipal Cemetery.
The Cemetery shall be located as described in a deed of dedication, dated January 17, 1947, between the United States of America and the Borough of Roosevelt, as recorded in the office of the County Clerk on February 28, 1947, in book 2106 of Deeds page 212 etc., and as shown on a map of survey for said Borough by Trenton Engineering Co. on February 1950.
[New; Ord. No. 16-009]
The Borough Superintendent of Public Works shall be responsible to the Borough Council for the control and management of the Cemetery and for the administration of the provisions of this chapter.
The Governing Body shall retain the services of a cemetery manager or cemetery Management Company, which cemetery manager or cemetery Management Company shall operate under the supervision of the Borough Superintendent of Public Works.
[Ord. No. 52-6; Ord. No. 16-009]
The Cemetery shall be divided into sections and plots as shown on a map of the Cemetery grounds of the Borough of Roosevelt as prepared by Myron X. Feld, dated June 1956 and on file in the office of the Borough Clerk.
Section I, as shown on the map shall be restricted to the interment of children of the Hebrew faith under 13 years of age.
Sections II, III and IV, as shown on the map, shall be restricted to the interment of all other persons of Hebrew faith, and Section III, as shown on the map is herein designated more particularly for the interment of non-orthodox persons of the Hebrew faith.
Section V and VI shall be for the interment of persons without regard to their religious faith or affiliation and shall be known as the non-sectarian section.
[Ord. No. 52-3; Ord. No. 16-009]
No interment shall be permitted without a burial or removal permit, issued by the Registrar of Vital Statistics of the District in which the death occurred. All interments, disinterments and other matters relating to the disposal of dead bodies shall be pursuant to the New Jersey State Statutes and requirements of the State Department of Health.
Notice of interment must be given to the Borough Superintendent of Public Works at least 12 hours in advance. At least one person designated in Section 16-4 must be present at all interments and shall have full charge of opening, closing and sodding all graves.
Before any grave is opened, all fees therefor must be paid to the Superintendent.
An interment fee of not less than $15 for the digging of the grave, must be paid before work is started thereon.
A bond or cash in the amount of $2,000 shall be posted with the Borough prior to each interment to assure the placement of a monument meeting the requirements of Section 16-9 within 15 months following the interment. All cash amounts shall be held in a non-interest bearing escrow account maintained by the Borough. In the event a monument meeting the requirements of Section 16-9 is erected within 15 months following the interment, the bond shall be released or the escrowed funds shall be returned, as the case may be. In the event a monument meeting the requirements of Section 16-9 is not erected within 15 months following the interment, the Borough shall draw on the bond or use the cash escrow, as the case may be, to erect a monument of such type, size, design and nature as the Borough may determine in its sole and absolute discretion, subject to the requirements of Section 16-9. Any escrowed amounts in excess of the full cost to the Borough of erecting a monument shall be returned by the Borough to the persons originally depositing the funds or to their estates. In the event the full cost to the Borough of erecting a monument in accordance with this subsection shall exceed the amount of the bond or escrow referred to herein, the family of the deceased shall be fully liable for the excess of the costs over the bond or escrow amounts and all such excess amounts shall be due in full within 30 days of the delivery of an invoice by the Borough.
All interments, including caskets, urns and other containers shall include a radio frequency identification (RFID) tag or device provided by the Borough in a manner such that the RFID can be easily read from the surface above the interment. RFID tags shall be passive and shall respond to queries in the range of 865 MHz to 960 MHz.
The giving or acceptance of gratuities or fees, other than mentioned above to the Superintendent of Public Works or any workman in his employ for personal services or attention, is forbidden.
No interment shall be permitted without the use of a "lowering machine," the cost of which shall be borne by the family of the deceased.
[Ord. No. 52-1; Ord. No. 52-5; Ord. No. 52-6; Ord. No. 52-7; Ord. No. 16-009]
The following persons shall have the right to burial in the Roosevelt Municipal Cemetery:
Residents of the Borough at the time of the occurred death.
Former residents and their Immediate Family, who already have one or more of their Immediate Family buried in the Cemetery.
All residents or former residents who have been elected to the public office of the Borough of Roosevelt and have served in the aforesaid office or offices for a period of at least three years. This provision shall also include the Immediate Family of the former office holder.
All persons who have maintained residency within the Borough of Roosevelt for a period of time which, in the aggregate, totals no less than 20 years. This provision shall also include such person's Immediate Family.
As a precondition to the interment of any person referenced in paragraphs b, c and d, a next of kin of the decedent must submit a sworn affidavit stating that the residency requirement for burial has been met and further setting forth the date or approximate dates of residency. Any person (hereinafter the "affiant") who makes a false statement in the aforementioned affidavit shall be subject to the fines and penalties set forth in Section 16-11 of this chapter and, furthermore, shall be responsible for the removal of the remains of the decedent within a fifteen-day period of being notified by the Borough of Roosevelt. In the event of the decedents' remains have not been removed upon the expiration of the aforesaid fifteen-day period, the affiant shall be subject to the fines and penalties set forth in Section 16-11 of this chapter. Each and every day beyond the aforesaid fifteen-day period that the remains are not removed shall constitute a separate violation of this chapter.
All persons who have served as full time employees of the Borough of Roosevelt or the Roosevelt School District for a period of time which totals no less than an aggregate of 25 years and such person's Immediate Family.
[Ord. No. 16-009]
The Borough Clerk shall keep permanent records consisting of an interment register containing name, age, date of burial, plot number and section, place of death and the name and address of their undertaker.
[Ord. No. 52-2; Ord. No. 52-4; Ord. No. 52-8; Ord. No. 16-009]
Copings, ledgers, fences, corner markers or enclosures of any kind are not permitted.
Mounds over graves, shall not be raised more than six inches above grade.
Photographs and monuments having holes for pictures are forbidden.
Headstones are not to be more than five feet high, including the height of the base. Bases for headstones shall not be more than 12 inches high or more than one foot, four inches wide, from front to rear, and two feet, four inches long, including the rough. Footstones or markers shall be made to the same specifications as bases. Bases under footstones or markers are forbidden.
Monuments or monoliths must be of first grade clean granite, and no vertical joints therein shall be permitted. It shall be free from sap or anything that will cause rust stains, cracking, pitting or discolorization. Monumental work shall be of granite from approved quarries. The use of marble, limestone, cement, or artificial stone, balls or arches, will not be permitted.
All stone work must have the surface next to the foundation bedded off sufficiently true and even to allow all parts to be in contact with the foundation. No spalls or bricks will be permitted between foundation and base in order to effect a level base. No memorial may be erected until the foundation therefor has been approved by the Borough Superintendent of Public Works.
Footings or foundations under monuments shall be of concrete or granite and not less than three feet deep on undisturbed ground, and not smaller in area than monument base.
All-workmen employed in the construction of any work will be subject to the supervision of the Superintendent of Public Works. All work must cease during funeral services in the vicinity.
Where sand blasting is to be done on monuments already set, suitable shields or cover shall be used to prevent any material from either flying or falling on surrounding plots or walks, or cause injury to persons in the vicinity.
Bronze is the only metal allowed for use of letters or tablets on monumental work, and shall be so fastened as to be permanent. All bronze shall be of U.S. Government Standard, cast from an alloy containing not less than 90% pure copper. Where cast bronze is used, it shall be of heavy type or pattern. Where rolled or drawn metal is used, it shall not be less than #12 gauge. The use of light weight, weak castings will not be permitted. Suppliers shall be required, on demand, to certify to the analysis of the bronze.
Memorial producers, dealers, or any persons desiring to erect monuments or markers, shall first submit to the Borough Clerk and Borough Superintendent of Public Works, a sketch and specifications showing the size and material of said memorial to be used. No work shall be done until such permission has been granted in writing nor shall any monument or marker be erected except in accordance with the approved sketch and specifications.
Monuments or markers must be erected within 15 months after burial. The lawful heirs or next of kin of the deceased, as recognized by the laws of the State of New Jersey, shall be responsible for the compliance of this regulation. Any person, firm, corporation or association violating this Section 16-9, paragraph 1 is subject to a fine equal to the cost of a monument and its erection as currently erected at the Roosevelt Cemetery in addition to the penalties set forth in Section 16-11.
A single monument or marker for more than one grave is not permitted, excepting in such cases where a husband and wife shall have been interred alongside each other within a period of one year.
No plot may be reserved except in the following situation where all conditions are met. Up to two plots for the parents of a minor, unmarried child who has been buried in the cemetery, may be reserved adjacent to the plot of the child, or to the other applicable parent when:
Both parents have been residents of the Borough for at least 25 years; and
At least one of the said parents has been elected to public office of the Borough of Roosevelt and has served in the aforesaid office or offices for a period of at least three years.
However, nothing herein shall entitle burial to any individual within Roosevelt Municipal Cemetery where otherwise not permitted under Borough ordinance.
Mausoleums or vaults are not permitted.
All memorial work shall be produced in a first class, workmanlike manner and must be free from all drill or tool marks.
[Ord. No. 52-6; Ord. No. 16-009]
No person shall be permitted within the cemetery, between the hours of sunset and sunrise.
No person shall carry any firearms, except in the case of military funerals, Memorial Day, Veterans Day.
No person shall allow any dog or other animal to roam at large on the cemetery.
No child, under the age of 10 years will be permitted within the cemetery grounds unless attended by an adult who will be responsible for the child's conduct while in the cemetery.
No vehicle shall be driven except on roads designated for that purpose, or where heavy material is to be moved, planks must be laid on the paths or grass affected, to protect the same from damage.
No trees, shrubs or plants shall be planted or the same be cut down or removed without the prior consent of the Superintendent of Public Works.
If any trees, shrubs or plants situated in any plot shall by means of their roots, branches or otherwise become detrimental to adjoining avenues, or inconvenient to passengers, the Superintendent of Public Works or other Borough employee shall remove the said trees or shrubs, or such parts thereof as they shall determine to be detrimental or inconvenient.
No persons shall deface, injure or mark upon any memorials or fences, or remove any object from the cemetery grounds, without permission from the Borough Superintendent of Public Works.
Visitors to the cemetery will not be allowed to bring refreshments into the grounds, except for purposes of ceremonial ritual, nor to scatter about the grounds, paper or other unsightly objects.
No signs of any kind will be permitted on lots in any section. No advertisements in any form will be permitted on any work in the cemetery.
No person shall leave any car unattended in the Municipal Cemetery. A car shall be deemed unattended if the driver is not present in the Municipal Cemetery or in the adjoining cemetery. Any person who is convicted of violating this paragraph k shall be liable to a penalty of not more than $50 or imprisonment for a term not to exceed 15 days, or both. Each and every day in which the violation of this paragraph exists shall constitute a separate violation.
[Ord. No. 52-5; Ord. No. 52-6; Ord. No. 16-009]
Any person convicted of violating any of the provisions of this chapter or any rule or regulation contained herein, other than paragraph k of Section 16-10, shall be subject to a fine of not less than $200 or more than $1,000 and/or may be imprisoned for a period not to exceed 90 days or to community service not to exceed 90 days.
Each day a particular violation continues shall constitute a separate offense.