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HomeMy WebLinkAboutKIN 89 026 Est. Rules/Reg-Cemet . . THE CORPORATION OF THETOWN OF KINCARDINE ", BY-LAW BY-LAW NO. 1989 - 26 A BY-LAW TO ESTABLISH THE ROLBS AND REGOLATIONS OF THE KINCARDINE CEMETERY WHERBAS 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 65 of the Cemeteries Act, R.S.O., 1980, Chapter 59, as amended, authorizes municipal councils to pass by- laws governing the 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 deserving; NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1.0 DEFINITIONS In this by-law: 1.1 BOARD - shall mean the Kincardine Cemetery Board as appointed by the Town. 1.2 CEMETERY - shall mean the Kincardine Cemetery being composed of Part of Lots "B" and "C", Concession "A" in the Township of Kincardine now the Town of Kincardine. 1 . 3 CHAIR - shall mean that person appointed by the Board from its members to act as Chair. 1.4 SUPERINTENDENT - shall mean that person appointed by the Board who is charged with the management of the cemetery. 1.5 SECRETARY - shall mean the secretary of the Board appointed by the Board from among its members. 1.6 DEED - shall mean the certificate issued to the Purchaser of the grave or plot by the Town under the signature of the mayor and clerk with the corporate seal of the Town affixed. .. ./2 Page 2 1989-26 1.7 GRAVE - shall mean a burial place of sufficient area for one opening. . 1.8 LOT - shall mean a lot as shown in the original plans or maps of the cemetery on file with the superintendent or with the clerk-administrator. 1.9 PLOT - shall mean a parcel of land containing one or mõDë graves in a given lot. 1.10 MARKER - shall mean any stone of granite or marble set tlush with the surface of the ground and used to mark the location of a grave. 1.11 MONUMENT - shall mean any permanent memorial structure of gran~te or marble projecting above ground level. 1.12 OWNER - shall mean the party or parties listed in the records of the Cemetery as owning a grave or plot. 1.13 PERPETUAL CARE - shall mean the maintenance of any plot ~n good order and shall not extend to the care of any monument, flowers or flower beds. 1.14 PERPETUAL CARE FUND - shall mean that fund in which thirty-f~ve percent of all monies received from the sale of plots shall be invested and the interest received therefrom to be used for the permanent care of the grounds. 1.15 TOWN - shall mean The corporation of the Town of Klncardine 2.0 ADMINISTRATION 2.1 The Cemetery shall be governed by the terms of this by- law and the Cemeteries Act, R.S.O., 1980, Chapter 59, am amended. 2.2 The Town hereby establishes the Kincardine Cemetery Board which shall have the responsibility to administer the affairs of the cemetery on behalf of the Town and in accordance with the policies, procedures and rules as established by the Town from time to time. 2.3 The Board shall consist of four members of the public appointed by the Town by by-law for a four year term and whose term of office shall expire in alternating years. The mayor shall be an ex-officio member of the Board. 2.4 The secretary to the Board shall keep minutes of the board meetings. The clerk's office shall record all sales of lots, graves, burials and prepare and issue deeds. . 2.5 The treasurer for the Town shall be the treasurer for the Board 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. 2.6 The board shall appoint a chair from among its members for a two year term. .../3 Page 3 1989-26 . 2.7 All monies received for Perpetual Care of lots shall be placed in a trust fund in a chartered bank; such account to be known as the "Perpetual Care Fund Account" and shall be invested from time to time by the Town's treasurer in accordance with Town policy. 2.8 All interest income received from the Perpetual Care Fund Account and from investments from the Perpetual Care Fund, shall be directed toward the ordinary expense of maintenance and improvement of the cemetery, pursuant to Section 24, subsection (4) of the Cemeteries Act, R.S.O., 1980, Chapter 59, as amended, and associated regulations. 2.9 It shall be the duty of the superintendent to supervise all work in connection with the cemetery and keep a record of all lots, graves, burials and grave purchases. 2.10 The super intendent shall submit to the clerk- administrator's office, each month, an account of all lots sold, all interments and disinterments and to submit weekly all time sheets for employees together with any other information requested by the clerk- administrator. 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 his/her assistant shall be present at all funerals in order to ensure that proper arrangements are being provided by the cemetery. 3.0 ROLES FOR LOT OWNERS 3.1 No person other than the 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 any lots which become, in the Board'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 Board may remove such trees or shrubs or parts thereof, but 90 days prior to the said removal, the Board shall contact the lot owner in writing at his/her latest recorded address in the Board's records and provide the lot owner with the opportunity to make adjustments to rectify the problem, the cost of which is to be assumed by the lot owner. . 3.3 Any monument or other object upon a lot shall be at the Owner's risk. The Owner shall keep such monument or other object in a neat and good state of repair at all times; failure to keep it so will allow the Board the right to remove it and store it in the cemetery or in any other way protect the safety and interests of others. The Owners shall be notified in writing at his/her latest recorded address in the Board's records and allowed ninety (90) days to carry out necessary repairs. .. ./4 - . . Page 4 1989-26 3.4 Flowers placed on a grave at a funeral shall be removed by the cemetery staff after a reasonable time to protect the sod and maintain a neat appearance of the cemetery. 3.5 No Owner or other person shall place any flower bed, monument, g rave marker, inscription, etc., on any lot or plot until all charges have been paid. 3.6 No Owner or other person shall place more than one flower receptacle on each grave. 3.7 No Owner or other person shall erect or place any enclosures of iron, wire, concrete or other materials on or around any lot. 3.8 No lot Owner 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 his 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 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 the Council. 4.2 The mayor and clerk, on payment of the sale price of a lot, shall issue a deed therefore upon which shall be fixed the Town's corporate seal. 4.3 Each purchaser of a lot shall abide by all existing rules of the cemetery and any rules and regulations which may hereafter by enacted by the Town. 4.4 The purchaser of a lot acquires only the right and privilege of burying human remains and erecting suitable memorials subject to the rules and regulations of the cemetery and no Owner or other person shall use a lot or plot for any other purpose. Perpetual care shall be included in the purchase of lots. 4.5 No Owner shall sell a lot or plot at a profit. 5.0 TRANSFER OF LOTS 5.1 Any Owner who wishes to transfer ownership 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 the Tariff of Rates for this service. .. ./5 --- Page 5 1989-26 6.0 INTBRMENTS OR DISINTERMENTS . 6.1 Whenever an interment is to be made, the Owner or his/her agent shall give written notice to the clerk's of f ice at least forty-eight (48) hours in advance giving all particulars as to location and size of case. The Board shall not be responsible for having graves prepared for funerals unless such notice is given. 6.2 winter storage is provided in the interment charges for the Kincardine Cemetery if required. 6.3 No interment or disinterment shall be made by the Board without satisfactory proof of ownership being first produced. 6.4 The Owner or his/her agent must present a burial permit to the superintendent or his assistant in attendance at the grave before an interment will be permitted. 6.5 The Board may refuse any interment in any lot against which unpaid charges appear. 6.6 No person, other than an employee or agent of the Board shall open any grave for the purpose of burial or removal of a body. 6.7 Burials between December 1 and April 15 shall be at the discretion of the Superintendent. Funeral Directors are requested to suggest committal services be held at the funeral home if a conflict in times occurs. 6.8 The Board 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 Owner or his/her agent 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. 6.10 There shall be one interment per grave except cremated remains which may be placed above the original burial where permission has been granted by the Owner or Owner's immediate family. 6.11 Each grave shall be at least 1.5 metres deep. 6.12 The use of over-sized shells or vaults does not permit the Board to assume responsibility for the number of graves openings that may be made in any lot. . 6.13 No Owner or other person shall make or cause any disinterment withour the written consent of the local Medical Officer of Health and the Owner of the lot except on an order from the court as provided in the regulations under the Cemeteries Act. The Owner shall assume any costs involved. 6.14 The charges for interment and disinterment shall be as established in the Tariff of Rates as outlined in Schedule "A" to this by-law. .. ./6 Page 6 1989-26 7.0 CARE OF LOTS . 7.1 All lots in the cemetery shall be cared for by the cemetery staff and shall include the mowing of grass, clipping around monuments and refilling sunken graves only. 7.2 Lot owners shall pay for the care of their lots in perpetuity at a rate set forth in the Tariff outlined in Schedule "A" to this by-law. 8.0 ROLES FOR VISITORS 8.1 Kincardine Cemetery is sacredly devoted to the burial of the dead, and the provisions of this by-law will be strictly enforced in all cases of disturbance, wanton injury to property, disregard of the rules or 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 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 other. 8.4. 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. 8.5 Visitors entering Kincardine Cemetery do so at their own risk and waive any claims to redress from the Board through accidents while in the grounds. 8.6 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. 8.7 No person shall remove any flower or plant container or other objects from a cemetery plot without first receiving permission of the superintendent to do so. 8.8 No person shall carry or discharge firearms within the cemetery grounds except where used for the firing of volleys at a burial. 8.9 No animals shall be allowed in the cemetery. 8.10 No person shall use the cemetery for the purposes of a picnic party or other large assembly. . 8.11 When a society or association desire to hold a memorial service, they shall make application to do so to the Board at least 15 days prior to the desired date and a permit shall be granted at the discretion of the Board. The association or society securing the permit shall be responsible for any damage done to property in the cemetery at that time. 8.12 The cemetery may be visited each day from sunrise to sunset. .../7 Page 7 1989-26 9.0 ROLES FOR VEHICLES . 9.1 The Board reserves the right to close the roads of the cemetery at any time to vehicular traffic at the 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. 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. 10.0 ROLES FOR MONOMBNT DEALERS OR THEIR EMPLOYEES 10.1 Contractors shall not enter the cemetery in the evening or on Sundays unless by special permission of the superintendent. 10.2 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. 10.3 The Board shall not be responsible for loss or damage to any portable articles left upon any lot or grave. 10.4 Contractors, masons and stone cutters shall lay planks on the lots and paths over which heavy materials are to be moved, in 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 stone, monument or other structure or otherwise does any injury in the cemetery, shall be personally responsible for such damage or injury. 10.7 No person shall erect more than one monument on each lot, and all lettering shall face the lot to which the monument belongs. 10.8 No person shall place more than one marker on each grave. . 10.9 Any person placing monuments in the cemetery shall set such monument on a concrete foundation the full size of the bottom base of the monument which shall be constructed by the cemetery employees and paid for by the party ordering the work at the price set forth in the Tariff of Charges set out in Schedule "A" to this By-law and shall be constructed to a depth at least equal to the bottom of the grave. 10.10 All monuments or markers must be of granite, marble or other natural stone. 10.11 Markers shall not exceed 60 cm. by 30cm. on the surface and must be placed level with the ground and must be placed on a concrete foundation. .../8 . . Page 8 1989-26 10.12 A monument shall not be erected on any lot until all outstanding charges have been paid. 10.13 No lettering other than the family name, shall be permitted on the back side of the monument facing an opposite lot. 10.14 Monuments or other structures or any inscription must be in keeping with the dignity and decorum of the cemetery. 10.15 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 in writing a letter from the Owner giving permission and a full description of the work proposed. 11.0 MISCELLANEOOS 11.1 Anyone found contravening any provision of this by-law shall be guilty of an offence and shall be liable upon conviction to a penalty not exceeding one thousand ($1,000.00) dollars, exclusive of costs, under the Provincial Offences Act. 11.2 That By-law No. 2238 passed on the fourth day of May, 1978 be and the same is hereby repealed. 11.3 This By-law shall come into full force and effect upon approval of the Ontario Ministry of Consumer and Commercial Relations. 11.4 The short name for this by-law shall be the "Kincardine Cemetery By-law". READ a FIRST and SECOND time this 16th day of February, 1989. JLd ¡}{}¡¡~ Mayor READ a THIRD time and FINALLY PASSED this 19th day of October, 1989. ~JB'k Mayor . . SCHEDULE "A" TARIFF OF RATES The following schedule of fees shall be charged at the Kincardine Cemetery: 1. Sale of Plots (each) Land Perpetual Care Total Residents of Property Owners in the Town of Kincardine Single Grave Adult 117 .00 48.75 63.00 180.00 Single Grave Infant 26.25 75.00 Non Residents Single Grave Adult 136.50 73.50 210.00 Single Grave Infant 55.25 29.75 85.00 Transfer of Ownership 2.00 Issuance of Replacement Deed 3.00 2. Interment Charges (i) Adult - resident or property owner in the Town of Kincardine 240.00 (H) Adult - non-resident 240.00 (Hi) Infants (up to 5 years) 75.00 (iv) cremated remains 35.00 (v) Additional charge for Saturday, Sunday, Holiday 180.00 3. Installation of concrete foundations for monuments 4.00/cu.ft. 4. These charges relate to all blocks in the Kincardine Cemetery. ~ Ministry of MiniAe de fa . 6th Floor . 101 Bloor Street Consumer and Consommation Wes Commercial et du Toronto, Ontario Ontario Relations Commerce MSS 2ZS November 20, 1989 Cemeteries Branch/Directfon des cimetier~ 416/963-0511 Rid R Sh Refer to Filj!"'d'\~il)eJ~~,'ltl"'~liqnner Ie nOde dossie Attention: C~~~k Ad~ini:;rator /l2081:}?"'>\ /- , <::1 I '''-'' '-I !.:; r- : ..,<-~ '~::::~ 1- , ~~\ .,-' ,\-:). ;-- \, \ ~), ,:Q;.' /"f3 "\<~/>/i,.....,..~::f:~i~i' .....:'..::i.:;~; Lq;t:;;7' and Treasurer Town of Kincardine Office of the Cierk 707 Queen Street Kincardine, Ontario N22 129 KINCARDINE Rei Objet: Cemetery Cimetiere Oct.25/89 As requested in your application dated we return herewith the documents approved or filed. They form an important part of the records of the cemetery and should be kept safely and available for public examination by your officer responsible for administration. Conformement a votre demande du nous vous renvoyons sous ce pli les documents approuves ou classes. lis constituent une partie importante des dossiers du cimetiere et devraient etre conserves dans un endroit sur OU votre agent charge de /'administration pourra les consulter publiquement. Enclo.sed are the numbers of copies shown of the items checked/ Voici Ie nombre de copies des documents verifies: ofBy-LawNo./ 1989-26 Corporation of the Town of Kincardine reglement nO overall plans/ plans d'ensemble sectional plans of section/ coupes de la section construction plans off plans de construction d crypt or niche numbering plans fori plans de numerotage des cryptes ou des niches d sales agreement or contract or receipt! contrats de vente ou rer;u rules and regulations/ By-Law #1989-26 (Being a By-Law to establ ish Rules & Regulations reglements of K inca rd i ne Cemetery) amendment to approved rules and regulations/ amendements aux reglements approuves tariff of rates/ bareme des taux For Branch Use Only/ Reserve a la Direction: Recorded in file and copy verified on/ I Place dans Ie dossier et co ie verifiee Ie irection des cimetieres November 20 89 .19 by/ par 0!536210$l6.a;