HomeMy WebLinkAboutTIV 91 033 Repealed By No04 154
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 1991-33
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A BY-LAW TO ESTABLISH THE RULES AND
REGULATIONS OF THE TIVERTON CEMETERY
WHEREAS The Corporation of the Village of Tiverton acquired
and established the use of certain lands within the Village
of Tiverton and have designated such lands as the Tiverton
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 Village of
Tiverton 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 Village
of Tiverton ENACTS as follows.
1.0 DEFINITIONS
In this by-law:
1.1 BOARD - shall mean the Tiverton Cemetery Board as
appointed by the Village.
1.2 CEMETERY - shall mean the Tiverton Cemetery being
composed of Part of Lot 56, Plan 123; and Part of
Lots 57 & 59, Plan 210 King Street West.
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 Village who is charged with the maintenance
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 Village under
the signature of the Reeve and Clerk with the
corporate seal of the Village affixed.
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
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1991-33
plans or maps of the Cemetery on file with the
superintendent or with the Clerk.
.
1.9 PLOT - shall mean a parcel of land containing one
or more graves in a given lot.
1.10 MARKER - shall mean any stone of granite or marble
set flush with the surface of the ground and used
to mark the location of a grave.
1.11 MONUMENT
structure of
ground level.
shall mean
grani te or
any permanent memorial
marble projecting above
1.12 OWNER - shall mean the party or parties 1 isted in
the records of the Cemetery as owning a grave or
plot.
1.13 PERPETUAL CARE - shall mean the maintenance of any
plot in 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-five 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 VILLAGE - shall mean The Corporation of the Village
of Tiverton.
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, as amended.
2.2 The Village hereby establishes the Tiverton
Cemetery Board which shall have the responsibility
to administer the affairs of the Cemetery on behalf
of the Village and in accordance with the policies,
procedures and rules as established by the Village
from time to time.
.
2.3 The Board shall consist of four members of the
public appointed by the Village by by-law for a
four year term and whose term of office shall
expire in alternating years. The Village shall
appoint one councillor and the Reeve shall be an
ex-officio member of the Board.
2.4 The secretary to the Board shall keep the minutes
of the board meetings and shall furnish the Clerk a
copy of said minutes. The original minutes shall
be kept, for safe keeping, in the Clerk's office.
2.5 The Treasurer of the Village shall be the treasurer
for the Board and shall be responsible for the
proper receipt, disbursement and recording of all
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1991-33
ceme~ery funds in accordance
provincial policy as well as
rules and principles.
with Village and
general accounting
.
2.6 The board shall appoint a chair from among its
members for a two year term and shall meet at least
twice a year or at the call of the chair.
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 Village's Treasurer in accordance
with Village 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.
2.10 The Clerk of the Village shall keep a record of all
lots, graves, burials and grave purchases and
prepare and issue deeds.
2.11 The superintendent shall take complete charge of
all workers in the Cemetery, and be responsible for
their conduct, and submit weekly time sheets for
employees together with any other information
requested by the Clerk-Treasurer.
2.12 The superintendent or his/her assistant shall be
available for all funerals in order to ensure that
proper arrangements are being provided by the
cemetery.
3.0 RlA..ES 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, 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
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1991-33
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records and provide
opportunity to make
problem, the cost of
lot owner. Trees
ornamental nature.
the lot owner with
adjustments to rectify
which is to be assumed by
and shrubs shall be of
the
the
the
an
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 Owner shall be
notified in writing at his/her latest recorded
address in the Board's records and a llow ninety
(90) days to carry out necessary repairs.
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, grave 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 pI aced 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 15th 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 Reeve and Clerk, on payment of the sale price
of a lot, shall issue a deed therefore upon which
shall be fixed the Village's corporate seal.
4.3 Each purchaser of a lot shall abide by all existing
rules of the Cemetery and any rules and regulations
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which may hereafter be enacted by the Village.
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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, sha II 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.
6.0 INTERMENTS DR DISI~I~nIŒNTS
6.1 Whenever an interment is to be made, the Owner or
his/her agent shall give written notice to the
clerk's off ice at I east 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 No interment or disinterment shall be made by the
Board without satisfactory proof of ownership being
first produced.
6.3 The Owner or his/her agent must present a burial
permit before an interment will be permitted.
6.4 The Board may refuse any interment in any lot
against which unpaid charges appear.
6.5
No person, other than
Board shall open any
burial or removal of a
an employee
grave for
body.
or agent of the
the purpose of
.
6.6
Burials between
the discretion
Di rectors are
services be held
in times occurs.
October 1st and May 1 shall be at
of the Superintendent. Funeral
requested to suggest committal
at the funeral home if a conflict
6.7 The Board assumes no responsibi I i ty 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.
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1991-33
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6.8 Every Owner or his/her agent shall arrange to
arrive at no later than 4:00 p.m. in order that
burial may be completed within the reQular hours of
work. After hours and weekend burials will result
in an extra charge as set out in the Tariff of
Rates as outlined in Schedule "A" to this by-law.
6.9 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.
6.10 Each grave shall be at least 1.75 meters deep.
6.11 The use of over-sized shells or vaults does not
permit the Board to assume responsibility for the
number of grave openings that may be made in any
lot.
6.12 No Owner or other person shall make or cause any
disinterment without 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.
6.13 The charQes for interment and disinterment shall be
as established in the Tariff of Rates as outlined
in Schedule "A" to this by-law.
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 of
Rates as outlined in Schedule "A" to this by-law.
B.O RlA..ES FOR VISITORS
.
8.1 The Tiverton 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 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 Visitors shall travel throuQh the Cemetery by way
of the roads and paths only and shall not walk or
drive over the burial lots of others.
8.4 Children under twelve (12) years of aQe must be
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1991-33
accompanied by an
contact with them
their actions.
adult who shall remain in close
and shall be responsible for
.
8.5 Visitors entering the Tiverton 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, with the exception of the
owner or the owner's agent.
8.8 No person shall carry or discharge firearms within
the Cemetery grounds except where used for the
firing the 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 desires to hold a
memorial service, they shall make application to do
so to the Board at least fifteen (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.
9.0 RlA..ES FOR VEHICLES
.
9.1 The Board reserves the right to close the roads of
the Cemetery at any time to vehicular traffic for
maintenance or at the superintendent's discretion.
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 veþicle and shall not exceed a speed
limit of twenty (20) 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.
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10.0 RlA..ES FOR MONUMENT 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 sha 11 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
damage to
or grave.
shall not be responsible for loss
any portable articles left upon any
or
lot
10.4
Contractors, masons
planks on the lots
materials are to be
surface from injury.
and
and
moved,
stone cutters shall lay
paths over which heavy
in order to protect the
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, tombstone, 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 sha II erec:t more than one monumen t on
each lot, and all lettering shall face the lot
to whic:h 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 a qualified contractor 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 30 em on the
surface and must be pI aced level wi th the ground
and must be placed on a concrete foundation.
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 inscriptions
must be in keeping with the dignity and decorum of
the Cemetery.
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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 MISCELLANEOUS
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 ($1000.00) dollars, exclusive of
costs, under the Provincial Offences Act.
11.2
That By-law No. 79-5
August, 1979 and By-Law
11th day of December,
hereby repealed.
passed on the 28th day of
No. 1990-14 passed on the
1990 be and the same is
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
"Tiverton Cemetery By-law".
READ a
1991.
FIRST and SECOND time this 24th day of September,
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fluux/ ,M)7t AAf/
(/ Clerk ,,--"--
READ a THIRD time and FINALLY PASSED, SIGNED and
24th day of September 1991.
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SCHEDULE "A"
TARIFF OF RATES
Tariff of Rates for the Tiverton Cemetery; Part of Lot 56,
Plan 123; and Part of Lots 57 & 59, Plan 210; Village of
~ Tiverton, County of Bruce.
The following schedule of fees shall be charged at the
Tiverton Cemetery.
1. SALE OF PLOTS
9' x 4'
Residents
Single Lots $ 97.50
Perpetual Care 52.50
$150.00
Non-Residents
Single Lots $130.00
Perpetual Care 70.00
$200.00
4' x 4'
Single Lots $
Perpetual Care
$
36.00
24.00
60.00
Single Lots $ 65.00
Perpetual Care 35.00
$100.00
2. PERPETUAL CARE on plots on which Perpetual care charges
have not been paid.
SINGLE GRAVE PLOT.
Residents
Non-Residents
Adult
Unregistered, Stillborn or
Children under 10.
$52.50
24.00
$70.00
35.00
3. INTERMENT CHARGES (Opening and Closing)
Residents
Non-Residents
Adul t
Unregistered, Stillborn or
Children under 10.
Cremated Remains
$200.00
125.00
$250.00
150.00
50.00
65.00
4.
DISINTERMENT CHARGES
.
The charge for disinterment shall be one and one-half
(1 1/2) times the regular interment charge. In addition,
when a concrete or metal liner is involved an extra
charge shall be made equivalent to the Village's actual
cost for the rental of such special equipment as is
necessary. If an re-interment takes place in the
Tiverton Cemetery, the regular interment charge shall be
added.
5.
ADDITIONAL CHARGES
Emergency Opening -
Saturday, Holidays, etc.
Residents - $130.00
Non-Residents - 180.00
(2) $27.50
$ 2.00
than 4:00 p.m.) - same as
Corner Post Installation
Transfer of Ownership
Overtime (arrival later
Emergency.