Section XIV-V - Cemetary

Chapter XIV, Section V - Cemetery

Sec. 14-5-1    Establishment of Eaton Cemetery
Sec. 14-5-2    Sale of lots
Sec. 14-5-3    Definition of perpetual care
Sec. 14-5-4    Issuance of deed
Sec. 14-5-5    Perpetual Care Fund
Sec. 14-5-6    Records
Sec. 14-5-7    Driving on lots prohibited; cemetery hours
Sec. 14-5-8    Destruction of property prohibited
Sec. 14-5-9    Management and administration
Sec. 14-5-10    Penalty (Repealed)

Sec. 14-5-1. Establishment of Eaton Cemetery.

The Town has created or established a cemetery known as the Eaton Cemetery. The Town Board shall have control of the operation of the cemetery through the establishment of rules and regulations which shall cover, among other matters, the sale and care of lots. Within the guidelines established by the rules and regulations, the Town Administrator shall have the final administrative responsibility for management of the cemetery. (Ord. 348 §1, 1978)

Sec. 14-5-2. Sale of lots.

The Town Board shall, from time to time, by resolution, establish the price at which lots in the cemetery are to be sold. (Ord. 348 §2, 1978)

Sec. 14-5-3. Definition of perpetual care.

Perpetual care means the cutting and watering of the grass at reasonable intervals; the raking and cleaning of the lots; the general care and pruning of the trees and shrubs that may be placed along the walks, roadways and boundaries; and meaning and intending the general preservation of the lots and the grounds, walks, roadways, boundaries and structures to the end that the grounds shall remain and be reasonably cared for as cemetery grounds forever. Perpetual care shall not include the maintenance, repair or replacement of any grave stones, monuments or memorials; the planting of flowers or ornamental plants; the maintenance or doing of any special or unusual work in the cemetery; nor the construction or reconstruction of any marble, granite, bronze or concrete work on any lot where the same is damaged from any cause whatsoever. Perpetual care shall, however, include the maintenance, repair or replacement of any public mausoleum for which perpetual care has been paid to the Town. (Ord. 348 §3, 1978)

Sec. 14-5-4. Issuance of deed.

Upon the payment to the Town of the purchase price of any lot, the Mayor and Town Clerk shall execute and deliver a deed of conveyance therefor. The owner shall thereafter be entitled to perpetual care as provided by the rules and regulations. (Ord. 348 §4, 1978)

Sec. 14-5-5. Perpetual Care Fund.

(a)    There is created a fund to be known as the Cemetery Perpetual Care Fund.
(b)    Ten percent (10%) of all monies and proceeds received from the sale of lots and grave spaces shall be deposited in the Cemetery Perpetual Care Fund.
(c)    The Fund shall be kept separate and apart from all other funds of the Town, and it shall be held in trust. No money in the Fund shall be expended for any purposes, but the same shall be invested, as may be allowed by law, and the income therefrom paid into the general operating fund of the Town.
(d)    All other monies and proceeds from the sale of lots and grave spaces and all other revenue derived from the operation of the cemetery from any source whatever shall be paid to the general operating fund of the Town. (Ord. 348 §5, 1978)

Sec. 14-5-6. Records.

Accurate records shall be kept by the Town Clerk and Cemetery Sexton of all lots or spaces sold, and accurate records shall also be kept on the plat or plats of the cemetery showing the location of each burial made therein. (Ord. 348 §6, 1978)

Sec. 14-5-7. Driving on lots prohibited; cemetery hours.

(a) It shall be unlawful for any person to ride or drive any animal or vehicle upon, over or across the land or lots of the Eaton Cemetery, or any part thereof, except the regularly laid-out vehicle ways in said cemetery.
(b) It shall be unlawful for any person to enter the grounds of the Eaton Cemetery at any time between one (1) hour after sunset and sunrise without the special permission, in writing, of the Police Department. (Ord. 348 §7, 1978)

Sec. 14-5-8. Destruction of property prohibited.

It shall be unlawful for any person, not properly authorized, to destroy, mutilate, cut, remove, break or injure any trees, shrubs, plants or other ornament, or to tie any horse or other animal to the same in the Eaton Cemetery; and it shall be unlawful to destroy, cut, mutilate, remove, break, injure or deface any walks, sidewalks, fences, gateposts or other things used in or belonging to said cemetery. (Ord. 348 §8, 1978)

Sec. 14-5-9. Management and administration.

(a) The Town Administrator shall be the chief administrative official and shall carry out the duties as assigned to him or her by the Board of Trustees and shall manage, regulate and operate the cemetery pursuant to the rules and regulations of the Board of Trustees.
(b) The Board of Trustees shall establish, by resolution, charges, rules and regulations for the management, regulation and operation of the cemetery. (Ord. 348 §9, 1978; Ord. 510 §1, 2003)