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HomeMy WebLinkAboutTIV 91 033 Repealed By No04 154 -o~- . , , . .. =--Zt.~~ THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NO. 1991-33 . 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 ... /2 Page 2 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 .. ./3 Page 3 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 .. ./4 Page 4 1991-33 . 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 .. ./5 Page 5 1991-33 which may hereafter be enacted by the Village. . 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. .. ./6 Page 6 1991-33 . 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 .. ./7 Page 7 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. .../S Page 8 1991-33 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. .. ./9 Page 9 1991-33 . 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, ~~ fluux/ ,M)7t AAf/ (/ Clerk ,,--"-- READ a THIRD time and FINALLY PASSED, SIGNED and 24th day of September 1991. -- ',".."' -. '--. "- ---",- - "'..... ........ SEAI:.£D \:-!'lis " - ~ -. . ~ . Reeve /' ~tM(/./Æk~- t" Clerk / 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.