HomeMy WebLinkAboutKIN 89 026 Est. Rules/Reg-Cemet
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THE CORPORATION OF THETOWN OF KINCARDINE
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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.
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1.7 GRAVE - shall mean a burial place of sufficient area
for one opening.
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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.
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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.
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1989-26
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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.
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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.
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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.
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1989-26
6.0 INTBRMENTS OR DISINTERMENTS
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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.
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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.
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1989-26
7.0 CARE OF LOTS
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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.
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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.
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1989-26
9.0 ROLES FOR VEHICLES
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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.
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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.
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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
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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:}?"'>\
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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
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