HomeMy WebLinkAboutTIV 93 002 Repealed By No04 154
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NO. 1993-2
.
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 50 of the Cemeteries Act, R.S.O., 1990,
c.C.4, 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 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
and the interest earned therefrom shall be used for
the permanent care of the grounds, markers and
monuments and held in trust by the Clerk-Treasurer.
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 CERTIFICATE OF INTERMENT RIGHTS - shall mean the
certificate issued by the Village to the purchaser
of interment rights to a lot or lots as prescribed
as Schedule "AU to this by-law.
1.4 CERTIFICATE OF INTERMENT RIGHTS HOLDER - shall mean
those persons who hold the rights to inter human
remains in a specified lot.
1.5 CHAIR - shall mean that person appointed by the
Committee from its members to act as Chair.
1.6 COMMITTEE - shall mean the Tiverton Cemetery
Committee as appointed by resolution of the Council
for the Village.
... /2
Page 2 1993-2
1.7 INTERMENT RIGHTS - shall mean the right to require
or direct the interment of human remains in a lot.
a
1.8 LOT - shall mean an area of land containing, or set
aside to contain, human remains as shown in the
original plans or maps of the Cemetery on file with
the Superintendent or with the Clerk.
1.9 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.
1.10 MONUMENT - shall mean any permanent memorial
structure of granite or marble projecting above
ground level.
1.11 PLOT - shall mean a parcel of land containing two
or more lots in which interment rights have been
sold as a unit.
1.12 SECRETARY - shall mean the secretary of the
Committee appointed by the Committee from among
it's members.
1.13 SUPERINTENDENT - shall mean that person appointed
by Village who is charged with the management of
the Cemetery.
1.14 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., 1990,
c.C.4, as amended.
2.2 The Village hereby establishes the Tiverton
Cemetery Committee which shall have the
responsibility to establish policies concerning 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 Committee shall consist of five members of the
pUblic (three members from the Village and
one each from Bruce and Kincardine Township)
appointed by resolution by the Council for the
Village. The Village shall appoint one councillor
and the Reeve shall be a member by virtue of his/
her office.
2.4 The Committee shall appoint a Chair from among it's
members for a one year term and shall meet at least
twice a year or at the call of the Chair.
... /3
Page 3 1993-2
2.5 The Secretary shall keep the minutes of the
Committee and shall furnish the Clerk a copy of
said minutes. The original minutes shall be kept,
for safe keeping, in the Clerk's office.
.
2.6 The Clerk-Treasurer of the Village shall be the
treasurer for the Committee and shall be
responsible for the proper receipt, disbursement
and recording of all cemetery funds in accordance
with Village and provincial policy as well as
general accounting rules and principles.
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 Village's Clerk-Treasurer in
accordance with Village policy.
2.8 The deposit to the Care and Maintenance Fund shall
be as specified in the regulations made under the
Cemeteries Act, R.S.O., 1990, c.C.4, as amended
upon the sale of an interment right, and is as
follows:
a) an inground lot for the burial of an adult,
the greater of 40% of the selling price of
an interment right or $150.
b) an inground lot for the burial of a child
or of cremated remains, 40% of the selling
price of an interment right.
And upon the installation of a monument or marker:
a) A marker measuring at least 1116.3 square
centimeters (173 square inches), $50.
b) A monument measuring 1.22 metres (4 feet)
or less in height and 1.22 metres (4 feet)
or less in length, including the base,
$100.
c) A monument measuring more than 1.22 metres
is not permitted.
.
2.9 All interest income received from the Care and
Maintenance Fund, shall be directed toward the
ordinary expense of maintenance and improvement of
the Cemetery, pursuant to Section 35, subsection
(4) of the Cemeteries Act, R.S.O., 1990, c.C.4, as
amended, and associated regulations.
2.10 The Clerk-Treasurer of the Village shall keep a
record of all lots, plots, burials and prepare and
issue certificates of interment rights.
2.10 It shall be the duty of the Superintendent to
1 supervise all work in connection with the cemetery.
2.11 The Superintendent shall take complete charge of
2 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.
... /4
Page 4
1993-2
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 RULES FOR CERTIFICATE OF INTERMENT RIGHTS HOLDER
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 ?n 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
Committee may~emove such trees or shrubs or parts
thereof, but ~ days prior to the said removal, the
Committee shaJl 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. Trees and shrubs shall be of an ornamental
nature.
3.3 Flowers placed on a lot at a funeral shall be
removed by the cemetery staff after a reasonable
time to protect the sod and maintain a neat
appearance òf the Cemetery.
3.4 No certificate of interment rights holder or other
person shall place any monument, marker,
inscription, etc., on any lot or plot until all
charges have been paid.
3.5 No certificate of interment rights holder or other
person shall erect or place any enclosures of iron,
wire, concrete or other materials on or around any
lot.
.
3.6 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 15th or be
subject to removal and disposal by Cemetery staff.
.. . /5
Page 5
1993-2
4.0 SALE OF INTERMENT RIGHTS
.
4.1 Interment rights 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 Purchasers of interment rights acquire only the
right and privilege of burial of the dead and of
constructing monuments or markers, subject to the
rules and regulations in force and approved by the
Ministry of Consumer and Commercial Relations.
4.3 The Reeve and Clerk, upon payment of the sale price
of an interment rights, shall issue a certificate
of interment rights upon which shall be fixed the
Village's corporate seal.
4.4 Each purchaser of a lot shall abide by all existing
rules of the Cemetery and any rules and regulations
which may hereafter be enacted by the Village.
4.5 Care and maintenance shall be included in the
purchase of interment rights.
4.6 Resale of an interment right by the certificate of
interment rights holder is prohibited.
4.7 A certificate of interment rights holder may
require, by written demand, the Village to
repurchase the interment rights at any time before
they are used. In accordance with Subsection 30 (1)
of the Cemeteries Act the repurchase price shall be
the total purchase price for the interment right
less the amount paid into the Care and Maintenance
Fund.
5.0 TRANSFER OF INTERMENT RIGHTS
.
5.1 Any certificate of interment rights holder who
wishes to transfer the certificate of interment
rights of a lot or plot, shall provide the Clerk-
Treasurer with the name and address of the party to
whom the transfer shall be made together with proof
of interment rights or authority for transfer and
shall pay a sum as set forth in the Tariff of Rates
for this service.
5.2 In case of transmission of interment rights by will
or bequest of a lot, the Village reserves the right
to require production of a notarized copy of the
will and a certificate of interment rights.
... /6
Page 6
1993-2
6.0 INTERMENTS 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 clerk's
office at least forty-eight (48) hours in advance
giving all particulars as to location and size of
case. The Village 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
Village without satisfactory proof of interment
rights being first produced.
6.3 The certificate of interment rights holder or
his/her agent must present a burial permit,
issued by the divisional registrar, before an
interment will be permitted.
6.4 The Village may refuse any interment in any lot
against which unpaid charges appear.
6.5 No person, other than an employee or agent of the
Village shall open any lot for the purpose of
burial or removal.
6.6 Burials between October 1st and May 1 shall be with
the approval of the Superintendent. Funeral
Directors are requested to suggest committal
services be held at the funeral home if a conflict
in times occurs.
6.7 The Village assumes no responsibility for damages
should a lot 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.
.
6.8 Every certificate of interment rights holder or
his/her agent shall arrange to arrive at no later
than 3:30 p.m. in order that burial may be
completed within the regular 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 UA" to this by-law.
6.9 There shall be one interment per lot except
cremated remains which may be placed above the
original burial where permission has been granted
by the certificate of interment rights holder or
holder's immediate family.
6.10 Each interment shall be at least 1.75 meters deep.
6.11 The use of over-sized shells or vaults does not
permit the Village to assume responsibility for the
number of lot openings that may be made in any
plot.
... /7
Page 7
1993-2
,
6.12 No certificate of interment rights holder shall
make or cause any disinterment without the
notification and written consent of the local
Medical Officer of Health except on an order from
the court as provided in the regulations under the
Cemeteries Act. The certificate of interment
rights holder shall assume any costs involved.
6.13 The charges 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 lots only.
7.2 Certificate of interment rights holder 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.
8.0 RULES 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 through 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 age must be
accompanied by an adult who shall remain in close
contact with them and shall be responsible for
thei r actions.
8.5 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.
8.6 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.
8.7 No person shall carry or discharge firearms within
the Cemetery grounds except where used for the
firing the volleys at a burial.
'" /8
Page 8 1993-2
B.8 No animals shall be allowed in the Cemetery.
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 desires to hold a
memorial service, they shall make application to do
so to the Committee at least fifteen (15) days
prior to the desired date and a permit shall be
granted at the approval 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.
9.0 RULES FOR VEHICLES
9.1 The Committee reserves the right to close the roads
of the Cemetery at any time to vehicular traffic
for maintenance or other temporary purposes.
9.2 No person shall drive a vehicle in the Cemetery
when roads are blocked off with barriers.
9.3 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 (20) kilometres per hour.
9.4 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 funera I.
9.5 Proprietors of vehicles and their drivers shall
be held responsible for any damage done by them.
9.6 Off road motorized vehicles, such as dirt bikes,
all terrain vehicles and snowmobiles, are strictly
prohibited in the Cemetery.
.
10.0 RULES FOR MONUMENT DEALERS, CONTRACTORS AND SUPPLIERS
10.1 Monument dealers, contractors and suppliers shall
not enter the Cemetery with out first informing the
superintendent, in writing, of the work which is to
be performed.
10.2 Monument dealer, contractors and suppliers 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
sa.me.
... /9
Page 9
1993-2
10.3 The Village shall not be responsible for loss or
damage to any portable articles left upon any lot
or grave.
,
10.4 Monument dealers, contractors and suppliers 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 Any monument dealer, contractor or supplier who
damages any lot, monument, marker or other
structure or otherwise does any injury in the
Cemetery, shall be personally responsible for such
damage or injury.
11.0 MONUMENTS AND MARKERS
11.1 A monument or marker shall not be erected on any
lot until all outstanding charging have been paid.
11.2 All monuments and markers must be of granite,
marble or other natural stone.
11.3 Monuments, markers or other structures or any
inscriptions must, in "the opinion of the Committee,
be in keeping with the dignity and decorum of the
Cemetery.
11.4 No person shall construct, remove, inscribe or
clean any monument, marker or memorial of any kind
without first obtaining permission from the
superintendent and without first producing in
writing a letter from the certificate of interment
rights holder giving permission and a full
description of the work proposed.
11.5 Monuments or markers shall be set on a concrete
foundation the full size of the bottom of the
monument or marker plus three inches on each side
of the monument or marker.
.
11.6 All foundations for monuments and markers shall be
constructed by qualified contractors. Monument
foundations shall be constructed to a depth of at
least five feet and the excavation shall be
inspected by the superintendent.
11.7 No person shall erect more than one monument on
each lot.
11.8 No lettering, other than the family name, shall be
permitted on the back side of the monument facing
an opposite lot, unless owned by the same
certificate of interment rights owner.
11.9 No monument shall cover more than ten percent of
the total area of the lot or lots on which it is
erected.
. . . /10
#
.
Page 10
1993-2
11.10 No monument will exceed 48 inches in height, from
ground level to the top of the monument.
11.11 Monuments shall be placed to designate a lot or
lots inaccordance with present policy, copies of
which are available from the superintendent or
Clerk's office.
11.12 No person shall place more than one marker on each
lot.
11.13 Markers shall not exceed 60 cm by 30 cm on the
surface and must be placed level with the ground.
12.0 MISCELLANEOUS
12.1
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.
12.2
That By-law No. 1991-33 passed on the 24th day of
September, 1991 be and the same is hereby repealed.
12.3
This By-law shall come into full force and effect
upon approval of the Ontario Ministry of Consumer
and Commercial Relations.
12.4
The short name for this by-law shall be the
"Tiverton Cemetery By-law".
READ a
1993.
FIRST and SECOND time this 23rd day of February,
~
_ Reeve
~#4~~
Clerk
.-/
RE~D ~ THIRD time and FINALLY PASSED, SIGNED and SEALED this
23rd d~y of February, 1993.
--
Jigli(P
.~eève
_4/n'f ~&'t7~
Clerk
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.
.
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SCHEDULE "AU
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 óf Bruce. ,.
The following schedule of fees shall be charged at the
Tiverton Cemetery.
1. INTERMENT RIGHTS
9' x 4'
Residents
Single Lots $100.00
Non-Residents
Single Lots $130.00
4' x 4'
Single Lots $ 50.00
Single Lots
$ 75.00
2. CARE AND MAINTENANCE FUND
The deposit to the Care and Maintenance Fund shall be as
specified in the regulations made under the Cemeteries Act,
R.S.o, 1990, c.C.4, as amended upon the sale of an interment
right, and is as follows:
l
a) an inground lot for the burial of an adult, the
greater of 40% or the selling price of an interment
right or $150.
b) an inground' lot for the burial of a child, 40% of the
selling price of an interment right.
c) for the burial of cremated remains, 40% of the
selling price of an interment right.
And upon the installation of a monument or marker:
a) A marker measuring at least 439.42 square centimetres
(173 square inches), $50.
b) A monument measuring 1.22 metres (4 feet) or less in
height and 1.22 metres (4 feet) or less in length,
including the base, $100.
c) Larger monuments are not permitted.
3. PERPETUAL CARE on 10ts on which Perpetual care charges
have not been paid.
SINGLE GRAVE PLOT,
Residents
Non-Residents
Adult
Unregistered, Stillborn or
Children under roo
$52.50
24.00
$70.00
35.00
4. INTERMENT CHARGES (Opening and Closing)
Residents
Non-Residents
Adult
Unregistered, stillborn or
Children under 10.
$200.00
125.00
$250.00 v
15Ò.00
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Cremated Remains
5.
DISINTERMENT CHARGES
50.00
65.00
,
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.
b.
ADDITIONAL CHARGES
Emergency Opening -
Saturday, Holidays,
Residents
Non-Residents
(2) $27.50
$10.00
than 4:00 p.m.)
Corner Post Installation
Transfer of Ownership
Overtime (arrival later
Emergency.
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APPROVED APPROUV
in accordance with the conformémønt aux
regulations under The réglements aff4nmtS .. lit
Cemoteriea Act. La; sur Iøs htiéres.
Data of ~vlonti!6àJ.- ð~ 'ì ~
Date de /'sppl0bat d-d
FileNo.
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etc.
$130.00
1BO.00
same as
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Ontario R9 ui.ation
Ministère de la
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et du
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Rég!ementDtion
des cimetière.<;
FILED OEPOS
in accord3.nce with the conforrnément 8UX
regulalions under The règJements afferents à la
Cemeteries Act. Lai sur les cimetíérøs.
Date of Filil"gl lÝla LrL ~ "';;-/9 <...
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File No. of taryl dd
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