[HISTORY: Adopted by the Town Board of the Town of Woodruff 2-11-1986
as § 8.03 of the 1986 Code. Amendments noted where applicable.]
The general administration of the Evergreen Municipal Cemetery shall
be vested in the Town Board. The Town Clerk shall serve as Secretary-Treasurer
for the Town Board in matters of administration of the cemetery.
A.
Sexton. The Sexton shall:
(1)
Keep an accurate record of all burials, lot ownership,
individual graves, cemetery lot sales, and generally a complete record of
all lots comprising the Evergreen Municipal Cemetery.
(2)
Be responsible for the general management and control
of the cemetery proper, sign and execute all burial permits as required by
state law and generally do all things necessary in the operation and management
of the Evergreen Municipal Cemetery as required or instructed from time to
time by the Cemetery Board.
B.
Other employees. The Town Board shall, at its discretion,
employ any additional help necessary for the management and control of the
Evergreen Municipal Cemetery.
All receipts for cemetery purposes shall be paid to the Secretary-Treasurer
to be deposited into the general fund, except that receipts for perpetual
care shall be kept in a perpetual care trust fund. The Sexton shall not accept
any moneys for any purposes whatsoever, other than his salary or work in connection
with cemetery activities.
A.
When uniform care of lots has been given for two consecutive
years or more for which assessments are unpaid, after notice as provided by
§ 157.11(2), Wis. Stats., right to interment is forfeited until
delinquent assessments are paid.
B.
When uniform care has been given for five consecutive
years or more and the assessments are unpaid, upon like notice, title to all
unoccupied parts of the lot is passed to the Town and may be sold, the proceeds
to be used for the perpetual care of the occupied lot.
The increasing delinquency in payments of annual maintenance charges
for lots in the Evergreen Municipal Cemetery makes it imperative to set up
perpetual care on all lots now sold or which may be sold in the future, and
a perpetual care trust fund will be set up to accomplish this purpose.
When the Town Board sells the unoccupied portion of any lot that has
been delinquent in annual maintenance for five years or more, as provided
by statute, the sum received from the sale of the unoccupied portion shall
be turned into the perpetual care fund and perpetual care shall be set up
for all the occupied portions of such lot. These provisions shall apply to
the unoccupied portions sold under the provisions of this section.
A.
Sales. All lots shall be handled by the Secretary-Treasurer.
Prices of lots shall be fixed by the Town Board from time to time. Such prices
shall be adjusted in accordance with size and location. All lots must be paid
for in full when purchased, for which a suitable cemetery deed will be issued.
B.
Delinquent lot sales. The unoccupied portions of any
lot on which the annual maintenance charges have been delinquent for a period
of five or more years shall, after suitable advertisement as provided by law,
be subject to sale. The proceeds of such sales shall be applied, as much as
necessary, for the perpetual care of the occupied portions of such lot. No
existing known grave on a lot thus sold shall be disturbed under any circumstances.
C.
Care and maintenance of lots. The annual maintenance
charge for the care of lots shall be considered to cover the following items:
grading, mowing, sprinkling, shrubbery, tree trimming and grass seeding when
required.
D.
Lot sales. All lots shall be sold subject to the rules
and conditions provided or which may be hereafter adopted by the Town Board.
(1)
No person shall purchase more than one lot, unless by
consent of the Town Board.
(2)
No lot shall be used for any other purpose than for the
burial of the dead and the placing of appropriate markers as memorials.
(3)
The transfer of lots or parts of a lot to another party
must be reported to the Town Board before the party will be allowed the use
of the lot. No person will be recognized as owner or part owner of a lot unless
his or her name appears upon the books of the cemetery.
(4)
Persons desiring to allow the interment of bodies other
than members of their own family must secure a written permit for the same,
signed by the owner or by legal representative, to be filed with the Town
Board.
(5)
Any person wishing to sell or transfer, or give away,
a lot or grave must first get permission from the Town Board. No person shall
be buried thereon unless his or her name is on the books of the cemetery and
assessments are paid in full. The selling price shall not be more than the
original cost.
(6)
Upon the death of a lot owner, an affidavit must be filed
with the Town Board, signed by one of the heirs at law, and in the case of
a minor by his or her guardian, who shall be authorized to sign orders for
interments and give others direction regarding the use of the lot.
A.
No stone, monument, marker or foundation shall be placed
on any grave or lot or within the boundaries of the Evergreen Municipal Cemetery
unless a permit shall first be obtained by the owner or his agent from the
Sexton. Such permit shall specify the terms and conditions for the erection
of such stone, monument, marker or foundation.
B.
In addition to the provisions of § 157.11, Wis. Stats., and § 249-12, any owner or agent placing or erecting any stone, monument, marker or foundation within the boundaries of the Evergreen Municipal Cemetery in violation of this section shall not be allowed to erect or place any other stone, monument, marker or foundation within the boundaries of the cemetery until the regulations, terms and conditions have been complied with or the expense of correcting a violation thereof shall have been paid.
There shall be no planting of flowers, shrubbery or other foundations
on any cemetery lot. If flowers or shrubbery are desired, they shall be placed
in a wire box or basket on a stand small enough so that they can be moved
to facilitate mowing of individual cemetery lots. Cemetery urns now present
may remain. If flowerpots are furnished in the monument foundation, no other
receptacle for flowers or shrubbery shall be allowed. No person or parties
shall be allowed to dig in the ground of any lot or graves without written
permission of the Town Board.
The Sexton shall at all times keep an accurate record of all burials
in the cemetery. This record, besides containing all pertinent information
relative to the person buried, shall contain a plat showing the exact location
on the lot on which the grave is located. The Sexton shall make a monthly
report to the Town Board of the number of interments, funerals or burials.
The facilities of the Evergreen Municipal Cemetery shall be generally
restricted to residents of the Towns of Woodruff, Minocqua and Arbor Vitae,
their immediate families and relatives, unless written burial permission is
obtained from the Town Board.
Any person who shall violate any provision of this chapter, upon conviction thereof, shall be subject to a penalty as provided in § 1-3 of this Code. Each violation and each day a violation continues shall constitute a separate offense.
