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HomeMy WebLinkAboutKIN 92 077 Repealed by No04 154 - THE CORPORATION OF THETOWNOF KINCARDINE . 8't =~~~'~}j_ BY-LAW BY-LAW NO. 1992-77 A BY-LAW TO ESTABLISH THE RULES AND REGULATIONS OF THE KINCARDINE CEMETERY WHEREAS The Corporation of the Town of Kincardine acquired and established the use of certain lands within the Town of Kincardine and have designated such lands as the Kincardine Cemetery; AND WHEREAS Section 50 of the of the Cemeteries Act, R.S.O., 1990, c.C.4, as amended, authorizes municipal councils to pass by-laws governing maintenance, management, regulation and control of cemeteries; AND WHEREAS the Council for The corporation of the Town of Kincardine considers it necessary to establish regulations governing the cemetery in order to ensure the efficient administration and operation of the cemetery, as well as the maintenance of the dignity and decorum of which the cemetery is preserving; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1 . DEFINITIONS In this By-Law: 1.1 CARE AND MAINTENANCE FUND - shall mean that fund in which all money received for the care and maintenance of the Cemetery shall be invested and the interest earned therefrom shall be used for the permanent care of the grounds, markers and monuments and held in trust by the treasurer. 1.2 CEMETERY composed the Town shall mean the Kincardine Cemetery being of Part of Lots "B" and "C", Concession "A" in of Kincardine. 1.3 CERTIFICATE OF INTERMENT certificate issued by the interment rights to a lot Schedule "A" to this by-law. RIGHTS Town to or lots shall mean the purchaser as prescribed the of as . 1.4 CERTIFICATE OF INTERMENT RIGHTS HOLDER - shall mean those persons who hold the rights to inter human remains in a specified lot. ..2/ Kincardine Cemetery By-Law Page 2 1.5 CHAIR - shall mean that person appointed by the Committee from its members to act as Chair. COMMITTEE - shall mean the Kincardine Cemetery Committee as appointed by resolution of the Council for the Town. GRAVE shall mean any burial space of sufficient area for one opening for an adult and having a minimum size of eight feet by three feet. 1.8 INFANT GRAVE - shall mean any burial space of sufficient area for one opening for a child and having a size less than eight feet by three feet. . 1.6 1.7 1.9 INTERMENT RIGHTS - shall mean the right to require or direct the interment of human remains on a lot. 1.10 LOT maps with - shall mean a lot as shown in the original plans or of the cemetery on file with the superintendent or the clerk. 1.11 MARKER - shall mean any stone of granite or marble or bronze set flush with the ground and used to mark the location of a grave. 1.12 MONUMENT - shall mean any permanent memorial structure of granite or marble projecting above ground level. 1.13 PLOT - shall mean a parcel of land containing one or more graves in a given lot. 1.14 SECRETARY - shall mean the secretary of the Committee appointed by the committee from among its members. 1.15 SUPERINTENDENT - shall mean that person appointed by the Town who is charged with the management of the Cemetery. 1.16 TOWN shall mean The Corporation of the Town of Kincardine. 2.0 ADMINISTRATION 2.1 2.2 2.3 . 2.4 The Cemetery shall be governed by the terms by-law and the Cemeteries Act, R.S.O. 1990, amended. of this c.C.4, as The Town Committee establish the Town and rules hereby establishes the Kincardine Cemetery which shall have the responsibility to policies concerning the cemetery on behalf of and in accordance with the policies, procedures as established by the Town from time to time. The Committee shall consist of four members of the public appointed by resolution by the Council for the Town for a four year term and whose term of office shall expire in alternating years. The mayor shall be a member by virtue of his/her office. The Secretary meetings. The lots, plots and certificates of shall keep minutes of the clerk's office shall record all graves, and burials and prepare interment rights. Committee sales of and issue .. 3/ Kincardine Cemetery By-Law Page 3 The treasurer for the Town shall be the treasurer for the Cemetery and shall be responsible for the proper receipt, disbursement and recording of all cemetery funds in accordance with Town and provincial policy as well as general accounting rules and principles. The Committee shall appoint a chair from among its members for a two year term. 2.7 All monies received for the care and maintenance of lots shall be placed in a trust fund in a chartered bank; such account to be known as the "Care and Maintenance Fund" and shall be invested from time to time by the Town's treasurer in accordance with Town policy. 2.5 . 2.6 All interest and investment income received from the and Maintenance Fund shall be directed toward ordinary expense of maintenance and improvement of Cemetery, pursuant to Section 35, Subsection (4) of Cemeteries Act, R.S.O., 1990, c.C.4, as amended, associated regulations. 2.9 It shall b~ the duty of the Superintendent to supervise all work ~n connection with the Cemetery and keep a record of all lots, graves, burials and interment rights purchases. 2.8 Care the the the and 2.10 The Superintendent shall submit to the manager of public work's office, each month, an account of all interment rights certificates sold, all interments and disinterments and to submit weekly all time sheets for employees together with any other information requested by the manager of public works. 2.11 The superintendent shall take complete charge of all workers on the cemetery staff and be responsible for their conduct. 2.12 The Superintendent or the Superintendent's assistant shall be present at all funerals in order to ensure that the proper arrangements are being provided by the cemetery. 3 . 0 RULES FOR WT OWNERS 3.1 No person other than cemetery staff shall remove any sod or in any other way change the surface of any burial lot in the Cemetery. 3.2 . No person shall plant trees or shrubs in the Cemetery except with the approval of the Superintendent and any trees or shrubs now on lots which become, in the Superintendent's opinion, by means of their roots or branches or in any other way, detrimental to the adjacent lots, drains roads or walks, or prejudicial to the general appearance of the grounds or inconvenient to the public the Superintendent may remove such trees or shrubs or parts thereof, but 90 days prior to said removal, the superintendent shall contact the certificate of interment rights holder in writing at his/her latest recorded address in the Cemetery's records and provide the certificate of interment rights holder with the opportunity to make adjustments to rectify the problem, the cost of which is to be assumed by the certificate of interment rights holder. . .4/ 3.4 . 3.5 3.6 Flowers by the the sod Kincardine Cemetery By-Law Page 4 placed on a grave at a funeral shall be removed Cemetery staff after a reasonable time to protect and maintain a neat appearance of the cemetery. No certificate of interment rights holder or other person shall place any flower bed, monument, grave marker, inscription, etc., on any lot, plot or grave until all charges have been paid. No certificate of shall erect or concrete or other interment rights holder or place any enclosures of materials on or around any other iron, lot. person wire, 3.7 No certificate of interment rights holder or other person shall cause any object such as benches, flower urns, trellises, artificial flowers, wood or metal stands or other objects including glass objects that will interfere with the workings of the mowers, etc. to be placed on a lot except from November 1st until the following April 15th when one metal holder or stand for a winter wreath may be used, but shall be removed by April 15 or be subject to removal and disposal by the Cemetery staff. 4.0 SALE OF LOTS 4.1 Lots for burial purposes shall be sold according to the existing plans of the various divisions and sections as approved by the Ministry of Consumer and commercial Relations and as to future plans approved as new sections are opened, at a scale of prices as set forth by Council. 4.2 4.2 Purchasers of burial subject to approved by Relations. of lots acquire only the right and of the dead and of constructing the rules and regulations in the Ministry of Consumer and privilege monuments, force and commercial The mayor and clerk, on payment of the sale interment rights , shall issue a certificate of rights upon which shall be fixed the Town's seal. price of interment corporate 4.3 Each purchaser of a lot shall abide by all the existing rules of the cemetery and any rules and regulations which may hereafter be enacted by the Town. 4.4 Care and maintenance shall be included in the purchase of lots. 4.5 No certificate of interment rights holder shall sell a lot or plot at a profit. 4.6 . Each interment right holder may apply in writing to the Town to have their rights repurchased at any time before they are used. The Town will, upon receiving this notice, will repurchase the interment rights within 30 days after receiving the request. The repurchase price of the interment rights shall be the amount paid by the purchaser for the rights less the amount the owner paid into the Care and Maintenance Fund. 4.7 If the Town cannot determine the amount paid by the purchaser for the interment rights, the repurchase price shall be $50.00. .. ./5 Kincardine cemetery By-law Page 5 5 . 0 TRANSFER OF LOTS Any certificate of interment rights holder who wishes to transfer the certificate of interment rights of his/her lot or plot, shall provide the clerk with the name and address of the party to whom the transfer shall be made together with proof of ownership or authority for transfer and shall pay a sum as set forth in consolidated fee by-law for this service. 5.2 In case of transmission of ownership by will or bequ~st of a lot, the Town reserves the right to requ~re production of a notarial copy of the will or other evidence sufficient to prove ownership. 5.1 . 6.0 INTERMENT OR DISINTERMENTS 6.1 Whenever an interment is to be made, the certificate of interment rights holder or his/her agent shall give written notice to the Superintendent at least forty-eight (48) hours in advance giving all the particulars as to location and size of case. The Town shall not be responsible for having graves prepared for funerals unless such notice is given. 6.2 6.3 Winter storage is provided in the interment charges the cemetery if required. for No interment or disinterment shall be made by the without satisfactory proof of interment rights first produced. Town being The certificate of agent must present a registrar, to the attendance at the permitted. 6.5 The Town may refuse any interment in any lot against which unpaid charges appear 6.4 6.6 6.7 interment rights holder or his/her burial permit issued by the division Superintendent or the assistant in grave before an interment will be No person, shall open removal. other than an employee or agent of the Town any grave for the purpose of burial or Burials between December 1 and April 15 shall be at discretion of the superintendent. Funeral directors requested to suggest committal services be held at funeral home if a conflict in times occurs. the are the 6.8 The Town assumes no responsibility for damages should a grave be opened in the wrong location due to wrong or insufficient information and any expense in connection with an error of this kind shall be paid by the parties ordering the interment. 6.9 . Every certificate of interment rights holder or agent of an interment rights holder shall arrange to arrive at the cemetery not later than 4:00 p.m. in order that burial may be completed within the regular hours of work. .. ./6 6.10 . 6.11 Kincardine Cemetery By-law Page 6 There shall be one interment per grave except remains, two of which may be placed above the burial where permission has been granted certificate of interment rights holder or the immediate family. cremated original by the holder's The maximum remains and remains. interment for each grave shall be one human two cremated remains or three cremated 6.12 Each grave shall be at least 1.5 metres deep. 6.13 The use Town to openings of oversize shells or vaults does not assume responsibility for the number that may be made in any lot. permit the of grave 6.14 No certificate of interment rights holder or other person shall make or cause any disinterment without the written consent of the local medical officer of health except on an order from the court as provided for in the regulations under the Cemeteries Act. The certificate rights holder shall assume any costs involved. 6.15 All fees for interment, disinterment, lot sale, monument maintenance, care and maintenance or any other fee charged by the Kincardine Cemetery shall be outlined in the consolidated fee by-law which and is subject to periodic changes. 7.0 CARE OF WTS 7.1 7.2 All lots Cemetery clipping only. in the Cemetery shall be cared for staff and shall include the mowing of around monuments and refilling sunken by the grass, graves certificate their lots consolidated rights holders shall pay for the in perpetuity at a rate set forth fee by-law. care in of the 8.0 RULES FOR VISITORS 8.1 Kincardine Cemetery is sacredly devoted to the burial of the dead, and the provisions of this by-law will be ~t~ictly enforced in all cases of disturbance, wanton ~nJury to property, disregard of the rules of conduct unbecoming to a cemetery. 8.2 All visitors shall conduct themselves in a quiet, orderly manner and shall not disturb any service being held, by noise or other disturbances. 8.3 . 8.4 visitors shall travel through the cemetery by way of the roads and paths only and shall not walk or drive over the burial lots of others. Children under twelve years of age must be accompanied by an adult who shall remain in close contact with them and shall be responsible for their action. .. ./7 No person shall carry or Cemetery grounds except volleys at a burial. 8.8 No animals shall be allowed in the Cemetery. 8.5 . 8.6 8.7 Kincardine Cemetery By-law Page 7 No person shall pick any flower or disturb any tree, shrub or plant within the cemetery and shall not deface any monument, fence, or other structure in or belonging to the Cemetery. No person shall remove any flower or other objects from a Cemetery plot permission from the Superintendent to plant container or without receiving do so. discharge firearms within where used for the firing the of 8.9 No person shall use the Cemetery for the purposes of a picnic party or other large assembly. 8.10 When a society or association desire to hold a memorial service, they shall make application to do so to the Committee at least 15 days prior to the desired date and a permit shall be granted at the discretion of the Committee. The association or society securing the permit shall be responsible for any damage done to property in the Cemetery at that time. 8.11 The Cemetery may be visited each day from sunrise to sunset. 8.12 Any complaints by should be made workers or others certificate of interment rights holders at the Town Hall. Controversies with on the grounds are to be avoided. 9.1 9 . 0 RULES FOR VEHICLES The Committee reserves the right to close the roads the Cemetery at any time to vehicular traffic at discretion of the Superintendent. 9.2 The drivers of all vehicles entering the Cemetery shall obey the instructions of the superintendent, and shall keep to the route allotted to them. They shall not attempt to turn around on any roadway or pass another vehicle and shall not exceed a speed limit of twenty kilometres per hour. of the 9.3 Vehicles forming part of a funeral procession shall take the route allotted to that funeral and shall move in unison with the funeral director in charge of the funeral. 9.4 Proprietors of vehicles and their drivers shall be held responsible for any damage done by them. . 9.5 Off road motorized vehicles, such as dirt bikes, all terrain vehicles and snowmobiles, are not allowed in the Cemetery. . ./8 Kincardine cemetery By-Law Page 8 10.0 RULES FOR MONUMENT DEALERS OR THEIR EMPLOYEES 10.1 . 10.2 Contractors shall not enter or on Sundays unless by Superintendent. Contractors or other persons shall remove all implements or materials used in doing any work within the Cemetery without delay and if this is not done, the superintendent may remove same. the Cemetery in the evenings special permission of the 10.3 The Town shall not be responsible for loss or damage to any portable articles left upon any lot or grave. 10.4 Contractors, on the lots be moved, in masons, and stone cutters shall lay planks and paths over which heavy materials are to order to protect the surface from injury. 10 . 5 No person shall drive a vehicle in the Cemetery when the roads are blocked off with barriers. 10.6 Any monument dealer, contractor or individual who damages any lot, tomb s~o~e, mo~ument or other structure or otherwise does ~nJury ~n the Cemetery, shall be personally responsible for such damage or injury. 10.7 The safety of all monuments will be the responsibility of the Town. 10.8 No monument will exceed 48 inches in height, from ground level to the top of the monument. Foundations of less than 40 shall be level Cemetery staff. 10.10 No monument shall cover more than ten percent of the total area of the lot or lots on which it is erected. 10.9 monuments and markers shall extend not inches below the surface of the ground; on top and constructed of concrete by the 10.11 Foundations must be as large in area as the base of the monument, but the Town reserves the right to require a larger foundation if necessary. 10.12 Any into with slabs or markers used shall be placed the ground so that the upper surface the sod. flat and sunk shall be level 10.13 The dimensions and particulars of the required foundation of the monument shall be submitted to the Superintendent before the erection or placing of the monument, so that the foundation may be properly constructed. 10.14 No inscription shall be placed on any the opinion of the Town is not in decorum and dignity of the Cemetery. 10.15 Stones and monuments shall be free from visible defects with respect to quality or endurance. . 10.16 monument which keeping with in the All bases of monuments must be level on the bottom, the stonework next to the foundation shall have surface squared, so as to allow full bearing upon foundation; and no building up or underpinning chips will be allowed. and the the with . .9/ - I. Kincardine cemetery By-Law Page 9 10.17 In accordance with Section 38 of the Cemeteries Act and Regulations, a prescribed amount shall be paid into the Care and Maintenance Fund of the Cemetery upon the installation of a marker. The prescribed fees are set out in the Consolidated Fee By-Law. 10.18 In accordance with Section 48 of the Cemeteries Act and Regulations, if a marker in the Cemetery presents a risk to public safety because it is unstable, the Town shall do whatever is necessary by way of repairing, resetting or laying down the marker so as to remove the risk. 10.19 No person shall erect more than one monument on each lot, and, except as noted in Item 10.24, all lettering shall face the lot to which the monument belongs. 10.20 No person shall place more than one marker on each grave. 10.21 All monuments must be of granite or marble. 10.22 Markers shall not exceed 60cm by 30cm on the surface and must be placed on a concrete foundation. 10.23 A monument shall not be erected on any lot until all outstanding charges have been paid. 10.24 No lettering permitted on opposite lot. other than the family name, the back side of the monument shall facing be an 10.25 No person shall remove, inscribe or clean any monument, gravestone or memorial of any kind without first obtaining permission from the Superintendent and without first producing a letter in writing from the certificate of interment rights holder giving permission and a full description of the work proposed. 10.26 Cleaning or restorative procedures undertaken by a party other than the Town must first have approval of the Town. to ensure the techniques used are acceptable and within the guidelines of the Cemeteries Act. 11.0 MISCELLANEOUS 11.1 Anyone found contravening any prov~s~on of of this by-law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding five thousand ($5,000.00) dollars, exclusive of costs, under the provincial offences Act. 11.2 That By-Law Number 1989-26 be and the same hereby repealed. 11.3 That this by-law shall come into full force and effect upon written approval of the Minister of Consumer and Commercial Relations. . 11.4 The short name for this By-Law shall be the "Kincardine Cemetery By-Law, 1992". . .10/ . . Kincardine Cemetery By-Law Page 10 READ a FIRST and SECOND time this 3rd day of september, 1992. READ a THIRD time and FINALLY PASSED this 17th day of September, 1992.