Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 6-17-2014 by L.L. No. 7-2014.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch. 64, Cemeteries, adopted 9-2-1969 by L.L. No. 2-1969 as Ch. 13 of the 1969 Code, as amended.
In order to establish a complete set of rules and regulations to govern the Lakeview Cemetery by the Penn Yan Village Board of Trustees in accordance with § 15-1500 et seq. of the Village Law, it is hereby resolved that this chapter be presented to the Board for its approval, to govern the following:
A. 
The care, management and protection of the cemetery grounds, road, fencing and buildings located thereon.
B. 
The use, care and protection of lots in such cemetery.
C. 
The conduct of persons within the cemetery grounds and the exclusion of improper persons therefrom.
D. 
The regulation of the dividing marks between the various lots and parts of lots in the cemetery and their size, shape and location.
E. 
The prevention of improper monuments, effigies and structures within the same.
F. 
The regulation of the introduction of growth of plants, trees and shrubs within such grounds.
G. 
The prevention of the burial in any lot or part of any lot of any person not entitled to burial therein.
H. 
The establishment and maintenance of a veterans' burial section and authorization of the burial of honorably discharged veterans or active-duty personnel and prevention of the burial of any person or veteran not entitled to be buried therein.
I. 
(Reserved)
J. 
The supervision of the burial vault and regulation of its time or period of its use.
K. 
The maintenance of the cemetery roads and determination of their use; also, the regulation and control of the drainage of surface waters.
A. 
At the annual meeting of the Village Board of Trustees, the Mayor shall be authorized by procedures set by the Village Board of Trustees to appoint a committee from the Village Board of at least two (2) members, one (1) of whom shall be the Chairman, to be responsible to the Village for proper care, protection and supervision of the cemetery grounds, building, fences and roads and cemetery employees.
B. 
The cemetery grounds shall be supervised and maintained by the Department of Public Works under the direction of the Board of Trustees.
C. 
The Director of Public Works, and/or his/her designee, shall be responsible for all the cemetery grounds, roads, fences, buildings, vault, equipment, trees and shrubs and for the installing and care of the monuments in the veterans' section.
D. 
The Director of Public Works, and/or his/her designee, shall have charge of all cemetery employees and supervise and direct their work and be responsible for the satisfactory performance of the same.
E. 
The Director of Public Works, and/or his/her designee, shall make an accurate record of mortality and interments and make a report to the Village Clerk, indicating the lot or place in the cemetery for interments.
F. 
The Director of Public Works, and/or his/her designee, has full authority to regulate the use of the cemetery chapel for interment services.
G. 
The Director of Public Works, and/or his/her designee, in the interest of public safety shall have full authority to limit or prohibit access to any grave site due to unsafe ground conditions.
H. 
The Board of Trustees shall regulate the hours that the cemetery shall be open and approve the applications for annual Memorial Day activities.
I. 
The schedule of rates for lots, burials, vault storage and the placing of bases for monuments shall be approved by the Board of Trustees.
J. 
The rates of wages paid to cemetery employees shall be approved by the Board of Trustees.
K. 
Geneology requests or research shall be by appointment only, arranged through the cemetery staff.
A. 
The use, care and protection of the lots in the cemetery shall be under the supervision of the Director of Public Works, or his/her designee.
B. 
The planting of grass and mowing of the same shall be performed periodically to give a neat appearance at all times. Debris and leaves shall be removed as required.
C. 
The Director of Public Works, or his/her designee, is authorized to remove any objectionable items or structure that may have been placed on lots contrary to regulations or which may have collapsed and may remove any dangerous tree, shrub or vine.
D. 
The Director of Public Works, or his/her designee, is authorized to request the responsible person to remove any objectionable item or debris from the lots as may have been placed or left there by such a person.
E. 
Lakeview Cemetery is a "carry-in/carry-out" cemetery. There will be no garbage receptacles on site for plant waste, flower pots, wreaths or other ornamentation. Any garbage, including animal waste, must be removed from the cemetery and disposed of off site.
A. 
All persons entering the cemetery grounds shall conduct themselves in a respectful manner.
B. 
The Director of Public Works, or his/her designee, is authorized to have any persons removed or ordered from the cemetery who are not conducting themselves properly.
C. 
Children under 12 years of age shall not be admitted to the cemetery grounds unless accompanied by an adult person responsible for their conduct.
D. 
Playing in the cemetery or climbing upon monuments or headstones is forbidden. Any adult person accompanying children in the cemetery will be responsible for damage, injury or accident resulting from violation of this rule.
A. 
The Director of Public Works, or his/her designee, shall lay out all lots, determine the dividing marks between lots or parts of lots and determine size, shape and location.
B. 
The Board of Trustees shall set the cost of lost and the cost of the digging and backfilling of a grave by adoption of a resolution. These prices shall be posted at the cemetery.
C. 
Lots free to encumbrances are to be conveyed by deed, assuring to the purchaser, his family and heirs a burial place forever, exempt from taxes and which cannot be attached for debts.
D. 
A deed for a lot or lots conveyed for burial purposes only confers upon the grantee a right to use the lot or lots for the purposes for interment of a body or bodies or the ashes after cremation.
E. 
Lots are available in one-through-eight-graves plots, at prices which are set by the Board of Trustees.
F. 
The purchaser of the lot shall be recognized as the owner of the lot, and the owner's name shall be so recorded as such on deed and record.
G. 
In the event of death of the owner of a lot, the ownership of the lot vests pursuant to decedent's will, or in the absence thereof pursuant to the laws of intestacy.
H. 
In the event that the owner disposes of the lot by will, a certified or notarized statement procured from the appropriate Surrogate Court Clerk indicating the name and address of the new owner, and a notice thereof shall be delivered to the Village Clerk. The new owner's name shall be so recorded in the Village cemetery records.
I. 
Before an interment on the lot, the owner may, with the consent of the Village Clerk, sell or dispose of the lot the same as he would any other piece of property. Such sale or transfer shall be duly recorded in the Village records.
J. 
All deeds for the sale or transfer of a lot or lots shall be signed by the Mayor.
K. 
After interment, a lot cannot be sold or transferred unless the bodies buried on the lot have been lawfully removed therefrom, and, then only with the approval of the Director of Public Works, such transaction duly recorded. All costs for removal of any body is to be paid for by the person requesting the transfer.
L. 
Any portion of a multiple-grave lot upon which no interment has been made may be sold by the owner, which shall require a deed to be recorded with the Village Clerk.
M. 
There shall be no more than two cremain ash burials placed on a one-grave lot. Cremain grave sites shall be limited to four separate burials per plot. Complete records shall be made and kept of such interments.
N. 
No non-human remains cremated or otherwise, will be allowed to be buried in the Lakeview Cemetery.
O. 
Lots may be purchased at any time previous to burials; however, the full purchase price must be paid for in advance of burials.
P. 
The Director of Public Works, or his/her designee, is authorized to sell lots and to accept or receive payment in full for the same. All funds for lots received are to be turned over to the Village Clerk and receipts made in triplicate; one to the purchaser, one to the Village Clerk and one to the Director of Public Works, or his/her designee.
Q. 
It shall be unlawful for any person, firm or corporation to purchase a cemetery lot or plot or part thereof for the sole purpose of resale.
R. 
There shall be no disinterment of remains or cremains without an order from a court of competent jurisdiction.
A. 
Except for the veterans' section, upright monuments are not allowed on a single grave or on a single-grave lot containing ash burials of one or more persons. A one-grave lot, or a single-grave lot containing ash burials of one or more person, may be marked by a flat stone marker, laid level with the sod, not exceeding a length of 24 inches and a width of 12 inches. Upright monuments are permitted on multiple grave lots but shall be no more than 48 inches in height, no deeper than 16 inches and no wider than the width of the multiple grave lot.
B. 
(Reserved)
C. 
All monuments shall be granite or bronze and must be purchased from a licensed monument dealer or the Veterans' Administration. Monuments must be installed by the dealer or a professional monument installer.
D. 
The location of the monument shall be at a spot designated by the Director of Public Works, or his/her designee, and it is the responsibility of the monument purchaser to verify the placement of the stone before ordering and cutting the same.
E. 
The foundation of all monuments shall be of solid masonry and at least 30 inches in depth. It shall be the duty of the Director of Public Works, or his/her designee, to see that the above regulations in regard to foundation of monuments and grass markers are complied with, and, so far as is necessary for that purpose, the erection of the same shall be under his inspection and control. The Village reserves the right, at its option, to build the foundation of any monument head or footstone, charging a reasonable compensation therefor.
F. 
The responsibility for the care and maintenance of monuments on the lot belongs to the lot owner or the heirs.
G. 
The erection of improper monuments or effigies on any burial lot is not permitted. Advertising in any form is prohibited.
H. 
The decision as to monuments being improper shall be determined by the Village Board of Trustees, which shall have the same removed if found to be improper.
I. 
Corner markers placed on all graves after the effective date of this chapter must be kept at grade level of the cemetery.
J. 
Veterans' graves are limited to either a stone no larger than 42 inches high, 13 inches in width and 3 1/2 inches in thickness or a standard bronze plaque provided by the Veterans Administration.
K. 
No fences or enclosures of any kind shall be allowed around or upon any lot or any part of it. Mounds over graves will be suffered to remain until the earth has settled and will then be removed.
L. 
The provisions under the agreement concerning the Wagener Plot (Purchase 4) shall be strictly adhered to in respect to headstones, markers, cornerstones and grade.
A. 
No tree, bush or shrub shall be placed upon any portion of the cemetery grounds. Such plantings will be removed and discarded by cemetery personnel.
B. 
Artificial flowers and ornamentation that are broken or unattached will be removed and disposed of at the discretion of the Director of Public Works, or his/her designee.
C. 
Glass-contained flowers and/or adornments are prohibited.
A. 
When interment is arranged by the funeral director, a complete burial must be presented to the Director of Public Works, or his/her designee. Whenever an interment is to be made, the Director of Public Works, or his/her designee, shall be notified at least eight working hours before burial or public notice is planned or desired. The rates for grave openings are as approved by the Village Board, which rates are posted at the cemetery.
B. 
Interments are to be made on the lot only with the permission of the lot owner on record or the heirs or by a recorded purchase prior to grave openings.
C. 
Any owner or joint owner of a lot may permit the interment of remains of other than the immediate members of the lot owner's family. Such permission shall be written with the owner(s)' signature affixed thereto. Such signature(s) shall be properly notarized.
D. 
The location of a grave on the lot should be designated by the lot owner or heirs in time to avoid a delay of interment. Instructions should be specific to avoid a misunderstanding.
E. 
All bodies delivered to the cemetery must be enclosed in a box made of wood or other substantial material, whether it is placed in the vault or grave. This includes stillborn babies. Upon burial in any lot of said box, it shall be enclosed in a concrete or steel outer enclosure.
F. 
Only Village of Penn Yan employees may be used for burial preparation, including both cremation and full burials. Contractors or private individuals will not be allowed to perform this work unless preapproved by the Director of Public Works, or his/her designee.
G. 
At the discretion of Village of Penn Yan staff, families will be allowed to fill a cremation burial site by hand.
H. 
The cemetery grounds will not be opened for interment before 9:00 a.m. There will be a fee for services not completed by 3:00 p.m. Winter Rules will be in effect from November 1 through March 31. When Winter Rules are in effect the Director of Public Works or his/her designee may limit graveside services to grass and device only. "Device" refers to any apparatus used for lowering the casket into the burial ground. "Grass" refers to artificial carpet that is used with the device during burial. At all other times during the year, the Director of Public Works and/or his/her designee, may apply Winter Rules due to weather or other factors.
I. 
The Director of Public Works, or his/her designee, under the instructions of the Village Board of Trustees, has the authority to prevent the burial in any lot or part of lot of any person not entitled to be buried therein.
J. 
The committal of ashes after cremation is permitted on lots subject to the fees set in the schedule of rates, which is posted in the cemetery, approved by the Village Board of Trustees.
A. 
The Director of Public Works, or his/her designee, is to maintain and take care of the existing veterans' burial plot established by the Veterans' Monumental and Memorial Association (organized after the Civil War, nonexisting at present), including the placing of monuments and markers and keeping the same in alignment.
B. 
Interment in the veterans' section is limited to honorably discharged veterans of the armed forces having served in one of the wars or conflicts with the United States Forces.
C. 
Interment is limited to indigent veterans only, upon the request of the members of his family or a veterans' organization, after his status as an honorably discharged veteran has been established.
D. 
For a veteran who was a resident of the Village of Penn Yan, no charge will be made for placing his monument or marker or the care thereof; however, the charge for digging and backfilling the grave will be in accordance with the schedule of rates posted in the cemetery.
E. 
Veterans who reside in Yates County, outside the Village of Penn Yan, will be interred in the existing veterans' plot upon appropriate request only and the payment of a fee in an amount set from time to time by the Board of Trustees to cover the cost to place and maintain the monument or marker, in addition to the charge for excavating and backfilling the grave.
F. 
After the existing veterans' plot is filled, the Village Board of Trustees is authorized to provide an additional veterans' plot for commitments of veterans of the Village only, meeting the requirements of § 64-9B. Such burials will be made upon the request of the survivors or a veterans' organization.
G. 
The provisions of § 64-9F shall in no way restrict the Village Board of Trustees from entering into an agreement for establishing a unified veterans' burial plot with any of the adjacent towns for the interment of veterans, with the towns and villages sharing the cost.
The cemetery does not accept human remains for storage, temporary or otherwise.
A. 
The layout and maintenance of roads in the cemetery is the responsibility of the Director of Public Works, or his/her designee, who also is to perform such work as may be required to prevent damage to the cemetery grounds by flooding or washout.
B. 
(Reserved)
C. 
Drivers of motor-operated vehicles entering the cemetery shall remain on the road unless permitted by the Director of Public Works, or his/her designee, to drive and park elsewhere.
D. 
The driver of the vehicle is responsible for any damage caused by his vehicle while in the cemetery.
E. 
Speeds of vehicles within the cemetery shall not exceed 15 miles per hour.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not less than $25 up to a maximum of $250 or by imprisonment for not more than 15 days, or both. Each day of continued offense shall constitute a separate additional violation.
No burial shall be allowed on any Sunday, New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day or Christmas Day or the legal holiday honoring any such holiday. Should any of these days fall on Sunday, then the following day is to be observed as a holiday in accordance with the usual practice.