HomeMy WebLinkAbout04 154 final cemetery by-law
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
BY-LAW NO. 2004 - 154
BEING A BY-LAW TO ESTABLISH THE RULES AND REGU TIONS FOR
CEMETERIES OPERATED BY THE MUNICIPALITY OF K NCARDINE
WHEREAS The Corporation of the Municipality of Kin ardine through
amalgamation acquired and established the use of certain ands within the
Municipality of Kincardine and has designated such lands a the Kincardine
Cemetery, Tiverton Cemetery and Port Bruce Cemetery;
AND WHEREAS Section 50 of the Cemeteries Act, (revised) R S.O. 1990, C.C.
4, authorizes municipal councils to pass by-laws govemi maintenance,
management, regulation and control of cemeteries;
AND WHEREAS the Council for the Corporation of the Municipa ity of Kincardine
as owner of the cemeteries referred to in this by-law conside it necessary to
establish regulations governing the cemeteries in order to en ure the efficient
administration and operation of the cemeteries as well as the m intenance of the
dignity and decorum of which the cemeteries are preserving;
NOW THEREFORE the Council for the Corporation of the Municipality of
Kincardine enacts as follows:
1.
DEFINITIONS
In this by-law:
1.1 BURIAL LOT - shall mean a lot as shown in the riginal plans or
maps of the cemeteries on file with the Superinten ents or with the
Clerk.
1.2 CARE AND MAINTENANCE FUNDS - shall mea those funds in
which all money received for the care and mai tenance of the
Cemeteries shall be invested and the interest e med therefrom
shall be used for the permanent care of the groun s, markers and
monuments and held in trust by the Treasurer.
1.3 CEMETERIES - shall mean the Kincardine emetery being
composed of Part of Lots "B" and "CO, Concession A" in the former
Town of Kincardine; the Tiverton Cemetery in the ormer village of
Tiverton and being composed of Part Lot 56, Plan 123, Part Lots 57
and 59, Plan 123, King Street west; and the Port B ce Cemetery in
the former Township of Bruce being composed of Part Lot E,
Concession 7.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
1.4 CERTIFICATE OF INTERMENT RIGHTS - S all mean the
certificate issued by the Municipality to the purcha er of interment
rights to a burial lot or burial lots as prescribed as chedule "E" to
this by-law.
1.5 CERTIFICATE OF INTERMENT RIGHTS HOLDE - shall mean
those persons who hold the right to inter huma remains in a
specified burial lot.
1.6 CHAIR - shall mean the person appointed by the ommittee from
its members to act as Chair.
1.7 COMMITTEE - shall mean the Municipality of Kinc rdine Cemetery
Committee as appointed by By-law of Council for th Municipality.
1.8 CONTRACT - shall mean the document as shown s Schedule "D"
to this by-law.
1.9 INFORMATION RECORD - shall mean the docum nt as shown as
Schedule "F" to this by-law.
1.10 INTERMENT RIGHTS - shall mean the right to req ire or direct the
interment of human remains on a burial lot.
1.11 MARKER - shall mean any permanent memo 'al structure of
granite or marble or bronze set flush with the gro nd and used to
mark the location of a burial lot.
1.12 MONUMENT - shall mean any permanent mem rial structure of
granite or marble projecting above ground level a d used to mark
the location of a burial lot.
1.13 MONUMENT ROW - shall mean the central area i a block of lots
designated for monument placement in the ne section of the
Tiverton Cemetery.
1.14 MUNICIPALITY - shall mean the Corporation of th Municipality of
Kincardine.
1.15 PLOT - shall mean a parcel of land containing two or more "burial"
lots to which interment rights have been sold as a u it.
1.16 SECRETARY - shall mean the secretary of the Committee
appointed by the Council of the Municipality.
1.17 SUPERINTENDENT(S) - shall mean those perso s appointed by
the Municipality who are charged with the man gement of the
cemeteries.
2.0 ADMINISTRATION
2.1 The Cemeteries shall be govemed by the terms 0 this by-law and
the Cemeteries Act, (revised), R.S.O. 1990, c.C. ., as amended
from time to time and associated regulations.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
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2.2
The Municipality hereby establishes the Municipali
Cemetery Committee which shall have the
establish policies conceming the Cemeteries 0
Municipality in accordance with the policies, proce
as established by the Municipality from time to time
of Kincardine
sponsibility to
behalf of the
ures and rules
2.3 The Committee shall consist of five (5) membe of the public
appointed by by-law by the Council for the M nicipality for a
designated term and whose term of office shall exp re in altemating
years. (The Mayor shall be a member by virtue of is/her office.)
2.4 The Secretary shall keep minutes of the Committe meetings. The
Clerk's office shall record all sales of interment righ .
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2.5 The Treasurer for the Municipality shall be the T easurer for the
Cemeteries and shall be responsible for the proper receipt,
disbursement and recording of all cemetery fund in accordance
with Municipal and Provincial Policy as well as ge eral accounting
rules and principles.
2.6 The Committee shall appoint a chair from among it members for a
two-year term.
2.7 All monies received for the care and maintenance burial lots shall
be placed in a trust fund in a chartered bank; such ccount shall be
known as the "Cemetery Care and Maintenance undo referred to
in this by-law as the ·Care and Maintenance Fu d" and shall be
invested from time to time by the Municipali s Treasurer in
accordance with Municipal policy.
2.8 All interest and investment income received fro the Care and
Maintenance Fund shall be directed toward the ord nary expense of
maintenance and improvement of the Cemeteri s, pursuant to
Section 35, Subsection (4) of the Cemeteries Ac, R.S.O., 1990,
c.CA, as amended from time to time and associate regulations.
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2.9 It shall be the duty of the Superintendents to sup rvise all work in
connection with the Cemeteries.
2.12
The Superintendents and/or designate shall b
funerals in order to ensure that the proper arrange
provided by the cemetery.
present at all
ents are being
2.10 The Superintendents shall submit to the Office of t e Public Works
. Manager any information requested by the Public orks Manager.
2.11 The Superintendents shall take complete charge f all workers in
the cemeteries and be responsible for their condu
2.13 The Clerk is authorized to sign the contract or purchase of
interment rights on behalf of the Municipality.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
3.0 RULES FOR CERTIFICATE OF INTERMENT RIGHTS H LDERS
No person other than the cemetery staff shall remo e any sod or in
any other way change the surface of any b rial lot in the
cemeteries.
3.1
3.2
No person shall plants tress, flower beds or shrubs in the
cemeteries except with the approval of the Supe 'ntendents and
any trees or shrubs now on burial lots which beco e, by means of
their roots or branches or in any other way, de rimental to the
adjacent burial lots, drains, roads or walks, or p ejudicial to the
general appearance of the grounds or inconvenie t to the public,
the Superintendents may remove such trees or hrubs or parts
thereof, but ninety (90) days prior to said removal, the
Superintendents shall contact the certificate of nterment rights
holder in writing at his/her latest recorded ddress in the
Cemeteries' records and provide the interment ri hts holder with
the opportunity to make adjustments to rectify the p blem, the cost
of which is to be assumed by the interment right holder. Trees
and shrubs shall be of an omamental nature.
3.3
Flowers placed on a grave at a funeral shall be
cemetery staff after a reasonable time to prote
maintain a neat appearance of the Cemeteries.
moved by the
the sod and
3.4 No interment rights holder or other person hall place any
monument, marker, inscription, etc., on any burial I t or plot until all
charges have been paid.
3.5 No interment rights holder or other person shall er ct or place any
enclosures of iron, wire, concrete or other materi Is on or around
any burial lot.
3.6 No interment rights holder or other person shall c use any object
such as benches, flower ums, trellises, artificial wers, wood or
metal stands or other objects including glass bjects that will
interfere with the workings of the mowers, etc., to be placed on a
burial lot except from November 151 until the foil wing April 15th
when one metal holder or stand for a winter wrea h may be used,
but shall be removed by April 15th or be subject to removal and
disposal by the Cemetery staff.
4.0 SALE OF INTERMENT RIGHTS
. 4.1 Interment rights shall be sold according to the exis ing plans of the
various divisions and sections as approved by the Ministry of
Consumer and Business Services and as to future plans approved
as new sections are opened, at a scale of price as set forth by
Council and filed with the Registrar.
4.2 Purchasers of interment rights acquire only the righ and privilege of
burial of the dead and of constructing monume ts, or markers,
subject to the rules and regulations in force and pproved by the
Ministry of Consumer and Business Services.
4.3 The Mayor and Clerk, on payment of the sale p 'ce of interment
rights, shall issue a Certificate of Interment Rights pon which shall
be affixed the Municipality's Corporate seal.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
4.4 Each purchaser of an interment rights shall abide b all the existing
rules of the cemeteries and any rules and regulat ons which may
hereafter be enacted by the Municipality and a proved by the
Registrar.
4.5 Care and maintenance shall be included in
interment rights.
4.6 No certificate of interment rights holder shall sell a uriallot or plot.
4.7 Each interment rights holder may apply in writing to the Municipality
to have their rights repurchased at any time befo they are used.
The Municipality, upon receiving this notice, will repurchase the
interment rights within thirty (30) days after receiv ng the request.
The repurchase price of the interment rights shall be the amount
paid by the purchaser for the rights less the amoun the owner paid
into the Care and Maintenance fund or such 0 her amount as
established by the Cemeteries Act from time to tim .
4.8 If the Municipality cannot determine the amou t paid by the
purchaser for the interment rights, the repurchas price shall be
$50.00.
4.9 Contracts for purchase of interment rights must be igned and paid
in full prior to the issuance by the municipality 0 a certificate of
interment rights.
5.0 TRANSFER OF INTERMENT RIGHTS
5.1 An interment right can not be transferred and mu t be retumed to
the Municipality who will issue a new certificate Any interment
rights holder who wishes to transfer the certific te of interment
rights of his/her burial lot or plot, shall provide th clerk with the
name and address of the party to whom the transf r shall be made,
together with proof of ownership or authority for tr nsfer and shall
pay a sum as set forth in the consolidated fee by-law for this
service.
6.0 INTERMENT OR DISINTERMENT
6.1 Whenever an interment is to be made, the interm nt rights holder
or his/her agent shall give written notice to the S perintendent at
least forty-eight (48) hours in advance giving all the particulars as to
location and size of case. The Municipality shall n t be responsible
for having burial lots prepared for funerals unles such notice is
given.
6.2 Winter storage is provided in the interment harges for the
cemetery if required.
6.3 No interment or disinterment shall be made by the Municipality
without satisfactory proof of interment rights being rst produced.
6.4 The interment rights holder or hislher agent must present a burial
permit issued by the Division Registrar, to the S perintendent or
the assistant in attendance at the burial lot before n interment will
be permitted.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
6.5 The Municipality may refuse any interment in any urial lot against
which unpaid charges appear.
6.6 No person, other than an employee or agent of he Municipality
shall open any burial lot for the purpose of burial or emoval.
6.7 Burials will only take place if weather conditions pe it and with the
approval of the Superintendent.
6.8 The Municipality assumes no responsibility for da ages should a
burial lot be opened in the wrong location du to wrong or
insufficient information and any expense in connect on with an error
of this kind shall be paid by the parties ordering the interment.
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6.9 Every interment rights holder or agent of an interm nt rights holder
shall arrange to arrive at the cemetery not later t an 4:00 p.m. in
order that the burial may be completed within the egular hours of
work. Burials conducted outside of regular muni ipal work hours
may result in an extra charge as set out in the cu ent Municipality
of Kincardine Consolidated Fee Bylaw (or fee sche ules).
6.10 There shall be one (1) interment per burial lot xcept cremated
remains, four (4) of which may be placed above e original burial
where permission has been granted by the interm nt rights holder
or the holder's immediate family.
6.11
The maximum interment for each burial lot shall
remains and four (4) cremated remains or fo
remains.
one (1) human
r (4) cremated
6.12 The maximum interment for each cremation buria lot shall be two
(2) cremated remains.
6.13
6.14
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Each burial lot shall be at least 1.75 meters deep.
The use of oversize shells or vaults does not permi the Municipality
to assume responsibility for the number of grave 0 enings that may
be made in any burial lot.
The Municipality limits its responsibility to t e certificate of
interment rights holder for lots that may unknowing y contain burials
or cremations to that of transferring a replac ent lot to the
certificate of interment rights within the same cem ery.
6.16 No interment rights holder or other person shall m ke or cause any
disinterment without the written consent of the loc I Medical Officer
of Health except on an order from the court as p vided for in the
regulations under the Cemeteries Act. The certifi te of interment
rights holder shall assume any costs involved.
6.17 All fees for interment, disinterment, burial lot ale, monument
maintenance, care and maintenance or any othe fee charged by
the Cemeteries shall be outlined in the consoli ated fee by-law,
which is subject to periodic changes, and filing wit the Registrar.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
7.0 CARE OF BURIAL LOTS
7.1 All burial lots in the Cemeteries shall be cared for y the cemetery
staff or contractors and shall include the mowing 0 grass, clipping
around monuments and refilling sunken burial lots nly.
8.0 RULES FOR VISITORS
8.1 The cemeteries are sacredly devoted to the burial the dead, and
the provisions of this by-law will be strictly enforced in all cases of
disturbance, wanton injury to property, disregard of he rules of
conduct unbecoming to a cemetery.
8.2 All visitors shall conduct themselves in a quiet, ord Fly manner and
shall not disturb any service being held, by noise or other
disturbances.
8.3 Visitors shall travel through the cemeteries by way f the roads and
paths only and shall not walk or drive over the buri I lots of others.
8.4 Children under twelve (12) years of age must be a ompanied by
an adult who shall remain in close contact with the and shall be
responsible for their actions.
8.5 No person shall pick any flower or disturb any tree, shrub or plant
within the Cemeteries and shall not deface any mo ument, fence or
other structure in or belonging to the Cemeteries.
8.6 No person shall remove any flower or plant contain r or other
object from a cemetery plot without receiving perm ssion from the
Superintendent to do so.
8.7 No person shall carry or discharge firearms within e Cemeteries
grounds except where used for the firing of volleys at a burial.
8.8 No animals shall be allowed in the Cemeteries.
8.9 No person shall use the Cemeteries for the purpos s of a picnic,
party or other large assembly.
8.10 When a society or association desires to hold a m
they shall make application to do so to the Comm' ee at least
fifteen (15) days prior to the desired date and a pe it shall be
granted at the approval of the Committee. The as ociation or
society securing the permit shall be responsible fo any damage
done to property in the Cemeteries at that time.
8.11 The Cemeteries may be visited each day from su rise to sunset.
8.12
Any complaints by interment rights holders should be made at the
Municipal Office. Controversies with workers or ot ers on the
grounds are to be avoided.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
9.0 RULES FOR VEHICLES
9.1 The Committee reserves the right to close the road of the
Cemeteries at any time to vehicular traffic, due to aintenance,
adverse weather conditions or when such traffic mi ht substantially
interfere with a committal service in progress.
9.2 The drivers of all vehicles entering the Cemeteries hall obey the
instructions of the Superintendents, and shall keep the route
allotted to them. They shall not attempt to tum aro nd on any
roadway or pass another vehicle and shall not exce d a speed limit
of twenty (20) kilometers per hour.
9.3 Vehicles forming part of a funeral procession shall ke the route
allotted to that funeral and shall move in unison wit the funeral
director in charge of the funeral.
10.0 RULES FOR MONUMENT DEALERS,
SUPPLIERS
AND
9.4 Proprietors of vehicles and their drivers shall be hel responsible
for any damage done by them.
9.5 Off road motorized vehicles, such as dirt bikes, all t rrain vehicles
and snowmobiles, are not allowed in the Cemeteri s.
10.1 Monument dealers, contractors and suppliers hall remove all
implements or materials used in doing any ork within the
cemeteries without delay and if this is not done, th Superintendent
may remove same.
10.2 Monument dealers, contractors and suppliers sh II not enter the
cemeteries without first informing the Superinten ent of the work
which is to be performed.
10.3 Monument dealers, contractors and suppliers sh II not enter the
cemeteries in the evenings, Saturdays, Sund ys or statutory
holidays, unless by special permission of the Supe ·ntendent.
10.4 The Municipality shall not be responsible for loss r damage to any
portable articles left upon any burial lot.
10.5 Monument dealers, contractors and suppliers sh II lay planks on
the burial lots and paths over which heavy ma erials are to be
moved, in order to protect the surface from injury.
10.6 Any monument dealer, contractor or supplier 0 damages any
burial lot, monument, marker or other structure 0 otherwise does
any injury in the cemeteries shall be personally res onsible for such
damage or injury.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
11.0 MONUMENTS AND MARKERS
11.1 The safety of all monuments will be the resp nsibility of the
Municipality.
11.2 A monument or marker shall not be erected on any uriallot until all
outstanding charges have been paid.
11.3 No lettering except for the surname of the interm nt rights holder
shall be inscribed in the rear side of a monument, unless owned by
the same interment rights holder.
11.4 Monuments, markers or other structures or any insc 'ptions must, in
the opinion of the Committee, be in keeping with the dignity and
decorum of the Cemetery. I
11.5 No monument shall cover more than ten (10) pe
area of the burial lot or burial lots on which it is ere
11.6 No monument will exceed one hundred an twenty (120)
centimeters in height, from ground level to t e top of the
monument.
11.7 Any slabs or markers used shall be placed flat a d sunk into the
ground so that the upper surface shall be level with he sod.
11.8 All monuments must be of granite or marble.
11.9 Stones and monuments shall be free from visi
respect to quality or endurance.
11.10 All bases of monuments must be level on the ottom, and the
stonework next to the foundation shall have the su ace squared, so
as to allow full bearing upon the foundation; and 0 building up or
underpinning with chips will be allowed. Cleanin or restorative
procedures undertaken by a party other than the unicipality must
first have the approval of the Municipality to ensur the techniques
used are acceptable and within the guidelines of the Cemeteries
Act.
11.11 The size of the base of the monument and the location of the
monument on the foundation shall be ap roved by the
Superintendent prior to installation.
11.12 A marker shall be attached to the base so that a u iform border six
(6) centimeters wide is shown on all sides. The marker shall be
attached securely by four (4) or more fastene to a concrete,
granite or natural stone base or place in a concret slab that is not
less than nine (9) centimeters and not more th n thirteen (13)
centimeters thickness.
11.13 No person shall remove, inscribe or clean ny monument,
gravestone or memorial of any kind without obta ning permission
from the Superintendent and without first prod cing a letter in
writing from the certificate of interment righ holder giving
permission and a full description of the work propo ed.
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Municipality of Kincardine Consolidated Cemeteries y-Iaw
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11.14 In accordance with Section 38 of the Ceme eries Act and
Regulations, a prescribed amount shall be paid in 0 the Care and
Maintenance Fund of the Cemeteries upon the nstallation of a
marker. The prescribed fees are set in the Cons lidated Fee By-
law.
11.15 In accordance with Section 48 of the Ceme eries Act and
Regulations, if a marker or monument in the Cem tery presents a
risk to public safety because it is unstable, the Mu icipality shall do
whatever is necessary by way of repairing, resettin or laying down
so as to remove the risk.
11.16 No person shall drive a vehicle in the Cemeteries when the roads
are blocked off by barriers.
11.17 Port Bruce Cemetery - see Appendix A
11.18 Tiverton Cemetery - see Appendix B
11.19 Kincardine Cemetery - see Appendix C
12.0 MISCELLANEOUS
12.1 Structural gifts, such as benches, birdbaths, and s
donations or elements in a donated area, must be pproved by the
Superintendent and become property of the Ceme ry. They cannot
be removed, painted or adjusted in anyway or fo by individuals.
They are located at the approval of the Superinten ent, although
every effort is made to accommodate the request f the donor. The
donation is recognized for the natural lifetime of th plant or item. At
its expiration, any plaques will remain displayed on Cemetery
property.
12.2 Anyone found contravening any provision of this b -law shall be
guilty of an offence and shall be liable upon convi ion to a penalty
not exceeding five thousand ($5,000.00) dollars, e elusive of costs,
under the Provincial Offences Act.
12.3 That By-laws numbered 1989-26, 1992-77, 1993- 6, 1996-75 and
1997-30 for the former Municipality of the Town of Kincardine be
and the same are hereby repealed.
12.4 That By-law Number 93-27 for the former Municip lity of the
Township of Bruce be and the same is hereby rep aled.
12.5 That By-laws numbered 1993-2, 1991-33, 1990-1 ,82-6,82-2,79-
5, 75-12, and 617 for the former Municipality f the Village of
Tiverton be and the same are hereby repealed.
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Municipality of Kincardine Consolidated Cemeteries
By-law No. 2004 - 154
12.6 That this by-law shall come into full force and en ct upon written
approval of the Registrar, Cemeteries Act (Revised)
12.7 This by-law may be cited as the "Municipality of Kin ardine
Consolidated Cemeteries (2004)" By-law.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASS D this 6th day
of October, 2004.
~æk
,
Mayor
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APPENDIX "A"
TO
Municipality of Kincardine Consolidated Cemeteries y-Law
By-law No. 2004 -154
MONUMENTS AND MARKERS (PORT BRUCE)
1. All monuments shall be placed on the foundations provi ed for regular or
cremation burials.
2. Footstones and corner markers will not be permitted.
3. All markers shall be of bronze, mounted on a base et flush with the
ground or shall be of granite set flush with the ground.
4. Only one marker will be permitted on each cremation lot.
5. No marker for a cremation lot shall exceed seventy-six ( 6) centimeters in
length and fifty-one (51) centimeters in width.
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APPENDIX "B"
To
Municipality of Kincardine Consolidated Cemeteries y-Law
By-Law No. 2004 - 154
MONUMENTS AND MARKERS (TIVERTON NEW SECTION)
1. All foundations for monuments and markers shall b constructed by
municipal staff or contractors with qualifications a eptable to the
municipality. Monument foundations shall be construct d to a depth of at
least one and one-half (1.5) meters and the excavation hall be inspected
by the Superintendent, before the monument or marke is placed on the
foundation.
2.
Markers shall not exceed sixty (60) centimeters by thi
on the surface and must be placed level with the grad
land, subject to the slope as allowed in this schedule.
(30) centimeters
of the adjoining
3. Placement of monuments in the new section shall be as ollows:
3.1 Monuments must face the paths and line up in th centre of a block
of lots as shown. If interment rights are held for uriallots A and B
and they are intended to be used as a single grave (plot), the
monument will face the East Path on lot A. If in erment rights are
held for burial lots C and D and they are intend to be used as a
single grave (plot), the monument will face the W st Path in lot D.
MoIunentLocaIionfO'IoIsA&B(facingeoslpalh)
MormenIlDcaIionfO'IoIsC&D(Iacing_poIh)
Monument Row -+
N
þ
East Path
3.2
If interment rights are held for burial lots A, B, Cad D within the
same block, one family monument may be placed in the center of
the block of lots in line with the monument row. T e monument may
not exceed one hundred and twenty (120) centim ters in width or
height.
Monument Location
West Path
D C
N
þ
Monument Row -+
B A
East Path
3.3 If interment rights are held for a single burial lot th marker may be
placed as close as feasible to the monument row nd the
inscription must face the direction of the nearest ath. The marker
may be no more than eight (8) centimeters in hei ht at the back
and may be angled to the front of the marker, pro ided that the
front of the marker is not less than two and one h If (2.5)
centimeters in height at the front of the marker. T e total size of the
monument or marker including the base is not to xceed forty-six
(46) centimeters by sixty (60) centimeters.
4. The base of the monument shall not exceed more than ixty (60)
centimeters in width on the burial lot or lots on which it is erected.
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APPENDIX "C"
TO
Municipality of Kincardine Consolidated Cemeteries y-Iaw
By-law No. 2004 - 154
MONUMENTS AND MARKERS (KINCARDINE)
1. Foundations of monuments and markers shall extend not ess than 1
metre below the surface of the ground, shall be level on t p and
constructed of concrete by the Cemetery staff.
2. The dimensions and particulars of the required foundatio of the
monument shall be submitted to the superintendent befor the erection or
placing of the monument, so that the foundation may be roperly
constructed.
3.
4.
e 5.
No person shall erect more than one monument on each t.
Markers shall not exceed sixty (60) centimetres by thirty ( 0) centimetres
on the surface and must be placed level with the ground.
In the cremation section in the Kincardine Cemetery only at markers fifty-
six (56) centimetres by forty-one (41) centimetres, constr cted of marble,
granite, or bronze set flush with the ground and protrudin no more than 3
centimetresabove the contour of the ground, will be per itted. Further,
no artificial flowers shall be permitted in the cremation se tion.
6. No person shall place more than one marker on each lot i the cremation
section of the Kincardine Cemetery.
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SCHEDULE "D"
To Municipality of Kincardine Consolidated Cemeterie By-law
By-law No. 2004 - 154
The Corporation ofthe Municipality of Kincardine
Contract for Purchase of Interment Rights or Cemetery Supplie or Services
For the Cemetery
Owner of Cemetery - The Municipality of Kincardine
Address of Owner - 1475 Concession 5, RR 5 Kincardine Ontario N2 2X6
Purchaser's Name (s)
Purchaser's Address
Burial Lot Description
Date of Purchase
(Day / Month / Year)
Personal information contained on this form is collected under the authority of the Ce teries Act (Revised),
R.S,O. 1990. Chapter C.4, and will be used to determine eligibility of the sale of inte ent rights or cemetery
supplies or services. Questions about this collection should be directed to the Clerk. Municipality of
Kincardine, 1475 Concession 5, RR 5 Kincardine Ontario N2Z 2X6. Telephone: (519) 396-3468
Purchase Price
$
Conditions of Contract
plus GST
Percentage of purchase price is set aside for care and maintenan fund - $
plus GST.
The resale of interment rights by a purchaser is not permitted.
By-Law No. 2004 - _ govems the operation of the cemetery a d the exercise of
interment rights within the cemetery. A copy of by-law No. 2004 - is attached for
your information.
It should be noted that the by-law restricts the size and type of mark rs permitted within
the cemetery and the method of construction of small markers and egulates cemetery
supplies and services.
A certificate of interment rights will not be issued until the interme t rights have been
paid in full.
An interment rights holder may require by written demand, the owne to repurchase the
rights at any time before they are used. These rights will be repurch sed within 30 days
after receiving the demand.
The repurchase price of interment rights shall be determined by esta lishing the amount
paid by the purchaser for the rights less the amount the owner pai into the care and
maintenance fund in respect of the interment rights.
If the owner cannot, using reasonable effort to determine the a ount paid by the
purchaser for the interment rights, the repurchase price is $50.00.
Upon request for interment the following must be provided:
Certificate of Interment Rights, Burial Permit or Certificate of Cremat on and Information
Record.
Receipt of a copy of this contract is acknowledged this _ day of
,20 .
The Corporation of the
Municipality of Kincardin
I have authority to bind t e corporation.
Signature of Purchaser
Clerk
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SCHEDULE "E" I
To Municipality of Kincardine Consolidated Cemeterie4 By-law
By-law No. 2004 - 154 I
Cemetery
e
Certificate of Interment Rig ts
Certificate Number
PURSUANT TO The Cemeteries Act and Regulations and all amendments thereto
BETWEEN:
The Corporation of the Municipality of Kincardine and hereinafter called
PARTY OF THE FIRST PART
AND:
hereinafter called
ARTY OF THE SECOND PART
In consideration of the sum of:
e $ plus GST of which
$ is set aside in the Perpetual Care account
ich is deposited with the Municipality's Treasurer, the Municipality agrees to assign to e party of the Second Part the
burial or interment rights in Cemetery for:
(Single Adult Lot: 9.00 x 3.00)
(Single Adult Lot: 9.00 x 3.00)
as shown on the approved plan of Cemetery.
This indenture, made on , 20_.
The PARTY OF THE SECOND PART by the acceptance of this indenture indicates that he BY-LAWS governing the
operation of the cemetery have been received and read, and agrees to be guided by the aid BY-LAWS as well as the
provisions of the Cemeteries Act as if these were includes as part of this indenture.
THE PARTY OF THE SECOND PART agrees that in the event of transfer of said Interm nt Right by purchaser, this
Certificate cannot be transferred but will be returned to the Party of the First Part who wil issue a new Certificate to the
Transferee.
With respect to the erection or installation of markers, The Party of the Second Part agre s to abide by the By-Law of the
Cemetery, wherein restrictions on the erection or installation of markers ar given, by which By-Laws are
'¡:ached hereto.
. WITNESS WHEREOF The Corporation of the Municipality of Kincardine has caused is corporate seal to be hereunto
affixed by the hands of its proper signing officers this , 20_.
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Mayor
Clerk
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SCHEDULE "F"
To Municipality of Kincardine Consolidated Cemeteries B -law
By-law No. 2004 - 154
Information Record
e INTERMENTS
Name: Age: Sex:
Last Place of Residence:
Date of Birth: Place of Birth:
Date of Death: Place of Death:
Lot Owner's Name: Location:
Type of Container:
Date of Interment: Time:
FUNERAL HOME
Name: Address:
e Order Received By: From: Date:
NEXT OF KIN
Name: Relationship:
Address:
Telephone:
PURCHASE OF BURIAL LOTS
Name:
Address:
Cemetery: Location:
e INTERMENT NEW LOTS
Charges
New Lots
Interment Fee PIC
.
Weekend Chge GST
GST Total
Total
Receipt # Receipt #
Folio Folio
STORAGE (if aDDlicable) Deed Prepared
Charges Deed Issued
e GST MONUMENT MAINTEN "-NCE
TOTAL Charges
Receipt # GST
Folio TOTAL