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3189 To amend By-Law 2755 being a by-law to adopt regulations for the general maintenance and operation of Cemetery Services in the Tillsonburg CemeteryTHE CORPORATION OF TUE TOWN OF TILLSONBURG BY-LAW 3189 A By -Law to amend By -Law 2755 being a by-law to adopt regulations for the general maintenance and operation of Cemetery Services in the Tillsonburg Cemetery WHEREAS under Section 130 of The Municipal Act, S.O. 2001 1990, c.25, a Municipality may regulate matters not specifically provided for by this Act or any other Act for the purposes related to the Health, safety and well-being of the inhabitants of the municipality AND WHEREAS The Corporation of the Town of Tillsonburg would like to amend By -Law 2755 outlining regulations for the maintenance and operation of the Tillsonburg Cemetery; AND WHEREAS it is deemed necessary and expedient by the Council of the Corporation of the Town of Tillsonburg to amend By -Law 2755 adopting a policy general maintenance and operation of Cemetery Services in the Tillsonburg Cemetery THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Tillsonburg enacts as follows: 1. That Schedule "A" attached hereto, as amending Schedule "A" to By - Law 2755 is hereby declared to be part of this by-law as if written and incorporated herein; READ a first and second time this 28hday of November, 2005. READ a third and final time and finally passed this 12th day of December, 2005. CLERK -Michael Graves SCHEDULE "A" TILLSONBURG CEMETERY RULES AND REGULATIONS GENERAL INFORMATION REVISED Nov. 2005 Any reference to the Cemetery refers to the Cemetery Operations of the Corporation of the Town of Tillsonburg. All rules and regulations for the government of the Cemetery are made for the benefit of -the whole community concerned. The Town of Tillsonburg earnestly appeals to all citizens to do their part in observing and carrying out the following rules and regulations. The Town of Tillsonburg may, from time to time, change, modify or repeal the rules or parts thereof in such manner at their discretion, to best serve the interest of the property under their control. Further information may be obtained from: The Superintendent of the Cemetery (519)688-3009 Ext -5230 The Director of Community Services (519)688-3009 Ext.3226 191-193 Simcoe St. Tillsonburg Ontario N4G 'L]4 INDEX TO RULES AND REGULATIONS SECTION A - GENERAL REGULATIONS Page 1)Decoration of Graves 1 2)Removal of Plants, Flowers, Etc. 1 3)ARTIFICIAL DECORATIONS 1 4)URNS 2 5)Fences and Copings 2 6)Refuse and Rubbish 2 7)Plot Improvements 2 8)Cutting Sod 2 9)UNAUTHORIZED GRADING 2 10)Vehicles 3 11)Dogs and Pets 3 12)Improper Conduct 3 13)Picnics Prohibited 3 14)Eternal Flames 3 15)Damage to Property 3 16)Damage to Flower Vases, Stands, Etc. 4 17)Complaints 4 18)Visitors 19)Parades SECTION B -INTERMENTS 1)Burial Permits 4 2)Employee Present 4 3)Notice Required 4 4)Burial of Cremated Remains 4 5)Scattering of Cremated Remains 5 6)Multiple Interments -Limitations 7)Opening Graves, Vaults, Crypts or Niches 5 8)Caskets and Containers 5 9)Double Depth 5 10)Disinterments 5 (11)Charges 6 12)Surcharges 6 13)Mounds 14)Contagious Diseases 15)Lower Animals SECTION C -MONUMENTAL WORK 1)Definition 6 2)Approval -by Cemetery 7 3) -Conditions 8 4)Monument Material 8 5)Depth of Foundation 8 6)Inscriptions 9 7)Lettering 9 8)Flat Markers 9 9)Corner Posts 9 10)Book Markers &Cradle Stones 9 11)Urns 9 11 SECTION C -MONUMENTAL WORK CONT'D. 12)Seats &Benches 13)Additional Markers 14)Repairs to Monuments &Markers 15)Removal of Monuments 16)Implements 17)Fees 18)Risk of Damage to Monuments SECTION D RULES FOR MONUMENT DEALERS, VAULT DEALERS, CONTRACTORS, WORKMEN 1)Purchase Orders 2)Notice of Delivery 3)Hours 4)Protection of Plot Area 5)Work in Area of Funeral Service 6)Heavy Load Limits 7)Behaviour of Workmen 8)Liability SECTION E —SALE OF LOTS 1)Purchase of Lots 2)Rights 3)Certificate 4)Care and Maintenance 5)Abandoned Rights 6)Transfer of Rights 7)Disposition to Heirs SECTION F —Tariffs 1)Interment Rights/Care &Maintenance 2)Interment Charges 3)Preparation of Foundation 4)Marker Setting Fees 5)Extra Fees 6)Disinterment/Exhumation 7)Transfer Fee/Replacement 1 A. GENERAL REGULATIONS 1) DECORATION OF GRAVES Flowers, shrubs and trees may be placed in the Cemetery with the approval of the Superintendent under the following general directions: Flower beds are allowed on all lots. They should be 15 inches wide and the length of the base. Planting is allowed in front of the monument only. In cases where the monument is centered on the lot, the flower beds can be planted on both sides of the monument. Flowers, flower beds, shrubs and trees are the sole responsibility of the lot owner for maintenance. Cut flowers are allowed on all lots, but these must be placed in metal or plastic receptacles. No glass containers will be permitted, including artificial glass flower holders. The Cemetery reserves the right to remove all flowers, plants, shrubs and trees if prior approval has not been received by the Superintendent or if a lot becomes unsightly or is not maintained in the best interest of the Cemetery. 2) REMOVAL OF PLANTS, FLOWERS, ETC. Lot owners must clear all flower beds of annual plants by no later than October 31st. Lot owners should remove any plants or flowers before they become unsightly and acknowledge that the Cemetery Superintendent may cause plants to be removed, if necessary, to maintain the general appearance of the Cemetery property. Floral tributes will be removed from a grave by Cemetery staff within two weeks after an interment has taken place. 3) ARTIFICIAL DECORATIONS Artificial decorations are the sole responsibility of the lot owner and the Cemetery assumes no responsibility for damage or theft. 2- 4) URNS Urns are only allowed as a natural part of the monument and as approved by the Superintendent. Urns are not allowed to be placed on the surface of the lot. Urns are the sole responsibility of the lot owner and shall be maintained by the lot owner. The Cemetery assumes no responsibility for damage or theft. The Cemetery reserves the right to remove at any time any urn that has become an eyesore or is in need of repair. 5) FENCES AND COPINGS Any borders erected in or around lots or graves must be made of cement. Loose decorative stone on graves presents a safety hazard and shall not be permitted. The Superintendent may remove any items mentioned in Paragraph 5 which have heretofore been erected and which, by reason of neglect or age, have in their judgment, become unsightly or objectionable or present a safety hazard. 6) REFUSE AND RUBBISH Rubbish shall not be thrown on the roads, walks or any part of the grounds. Receptacles are provided at convenient points for the deposit of weeds, decayed flowers, wrappings, plants, etc. 7) PLOT IMPROVEMENTS All plot improvements require prior approval of the Superintendent. No person other than the Superintendent and the lot owner, or member of their families shall be permitted to perform any work on any lot, and such work shall be confined to the working hours of the day, under the supervision of the Superintendent. Lot and plot improvements are at the plot owners expense. 8) CUTTING SOD No person shall make any walk, cut any sod or remove corner markers, survey pins or grave markers. 9) UNAUTHORIZED GRADING No lot owner shall change the grading of his lot, and if any such change is made, the Superintendent will restore the lot to its original grade at the expense of the owner. 10) VEHICLES Except with prior written authorization of the Superintendent, only automobiles, motorcycles, bicycles shall be permitted upon cemetery grounds. Vehicles within the cemetery shall be driven with due decorum and not above the posted rate of speed. Vehicles shall not be driven or parked on the lawns nor may drivers use the avenues for purposes of turning. Motorized vehicles such as mini bikes, snowmobiles, etc., including skateboards and roller blades are prohibited within the Cemetery. Proprietors of vehicles and their drivers shall be held responsible for any damage done by said vehicles. 11) DOGS AND PETS Dogs and other pets are not allowed in the Cemetery. If such pets are brought by car, they must be securely confined in the car during their stay in the Cemetery grounds. 12) IMPROPER CONDUCT Any person who is disturbing the quiet and good order of the Cemetery by noise, or other improper conduct, may be expelled from the grounds by the Superintendent or his/her representative. 13) PICNICS PROHIBITED No picnic party will be permitted on the grounds. 14) ETERNAL FLAMES No natural or propane gas light will be allowed on the individual lots or graves. 15) DAMAGE TO PROPERTY No person shall remove any flowers, either wild or cultivated, or any tree, shrub or plant, or write upon, deface or in any way injure any monument, fence, structure or any property in or belonging to the Cemetery. The Cemetery shall not be responsible for any vases, urns, flower stands, etc. that are placed on the graves. Neither are is it responsible for the theft of these items. 4- 16) ACCIDENTAL DAMAGE TO FLOWER VASES, WREATH STANDS, LOW SHRUBS, OR ANY SUBMERGED ARTICLES BY EMPLOYEES OF THE CEMETERY The Cemetery shall not be held responsible for any damage sustained to the aforementioned items, where such damage may occur during the process of removing snow, ice, or frozen ground for the purpose of preparing a grave and the general maintenance of the Cemetery. 17) COMPLAINTS Any complaints by lot owners or visitors should be made to the Superintendent, not to employees on the grounds. Controversies with the employees or others on the grounds are to be avoided. RULES FOR VISITORS The Cemetery shall be open from sunrise to sunset. Children under the age of 12 are welcome in the Cemetery grounds when accompanied by an adult. Said adult shall be responsible for their good conduct and shall see that they do not run over the graves or climb upon the monuments. PARADES No parade shall be admitted or organized within the Cemetery without approval from the Superintendent or his/her designate. B. INTERNMENTS 1) BURIAL PERMITS A burial permit issued by the Division Registrar, showing that the death has been properly registered, must be deposited with the Superintendent before any interment can take place. In the case of cremation, the certificate issued by the Crematory will be sufficient for our records. 2) EMPLOYEE PRESENT The Superintendent, his/her assistant or someone in the employ of the CEMETERY shall be in attendance at each interment. 3) NOTICE REQUIRED Notice of each interment to be made shall be given to the Cemetery office at least eight (8) business hours previous thereto. The Cemetery cannot be responsible for having graves prepared unless such notice is given. 4) BURIAL OF CREMATED REMAINS When cremated remains are to be buried on top of any existing burial, permission must be given in writing by the registered lot owner, unless the one being interred is the original lot owner, and in such case, the personal representative of the registered lot owner must give the necessary permission in writing, subject to B.(3) Notice required. 5) SCATTERING OF CREMATED REMAINS The scattering of cremated remains in the Cemetery will not be permitted except in an area designated as a scattering garden. 6) MULTIPLE INTERMENTS -LIMITATIONS The Cemetery will permit the following: only one full burial per standard adult grave; two 2) cremains in a cremation plot; up to four (4) cremains in a standard adult grave; up to three (3) cremains in a standard adult grave where there has already been a full body burial; two (2) cremains in a columbarium niche. When cremains are to be interred in a grave in which there is to be a full adult burial at a later date, cremains must be in an urn that will not decompose over time or an urn vault. 7) OPENING GRAVES, VAULTS, CRYPTS OR NICHES No grave, vault, crypt or niche shall be opened for interment, disinterment or any other reason, by any person not in the employ of the Cemetery. 8) CASKETS/CONTAINERS/RECEPTACLES The body of a deceased person must be buried/entombed in the receptacle that was used for transportation to the Cemetery. It shall be the responsibility of the funeral director/vault company to lower the remains into the grave. The Cemetery assumes no responsibility in the actual interment. 9) DOUBLE DEPTH INTERMENTS Double depth interments will not be carried out due to the sandy soil conditions which present a safety hazard. In the case of pre -need arrangements already made, approval by the Director of Community Services is required before a double depth interment can take place. 10) DISINTERMENTS No disinterment shall be made without the written consent of the local Medical Officer of Health, and the owner of the lot, except under an order of the Court, as provided in the Cemetery Act. 11) CHARGES INCURRED Persons ordering graves and opening shall ensure that these charges are paid before the interment takes place or as specified under the tariff of rates. 6- 12) SURCHARGES Interments on Saturday, Sunday and a Statutory Holiday are subject to an extra surcharge as set out in the tariff of rates. After business hours interments are also subject to an era surcharge. 13) MOUNDS Mounds will not be allowed over graves. 14) COMMUNICABLE AND CONTAGIOUS DISEASES Anyone who has died of a communicable or contagious disease and is to be buried in the Tillsonburg Cemetery, must be buried in either a sealed casket and/or a sealed cemetery vault, and a person who has died of a contagious disease will not be accepted unless enclosed in a hermetically sealed zinc lined box. 15) LOWER ANIMALS Bodies of any of the lower animals shall not be placed in any grave in the Cemetery. C. MONUMENT WORK 1) DEFINITION For the purpose of these regulations, a monument shall be understood to be a permanent memorial structure projecting above ground level. This is called a monument rather than headstone because it is not always installed at the head of the deceased, but in an established monument line. 7- 2) APPROVAL BY CEMETERY No monument, vault, or any other structure shall be erected or placed on any plot unless its design, size, lettering and specifications have been submitted to the Superintendent's office, and meet specifications set out below. 2.A) No monument (fieldstone) shall exceed sixteen(16) inches in thickness or two-thirds 2/3) of the lot. 2.B) SINGLE GRAVES Designated upright monument section as identified on plan approved by Ministry. No monument will be allowed that exceeds two (2)foot, six(6)inches in base width or die height. 2.C) UPRIGHT MONUMENT SECTIONS Only monuments with a die stone of at least six(6)inches in thickness at the base will be permitted in the monument line and all bases must be at least six(6) inches in height. 2.D) FLAT MARKER SECTIONS Each marker shall not exceed: 14 inches by 24 inches for single grave 14 inches by 36 inches two graves; and 14 inches by 48 inches for three graves. and must be set with a four(4)inch border of concrete flush with the ground. 2.E) CREMATION AND BABY PLOTS Only flat markers will be permitted and must not exceed a size of twenty (20) by twelve(12)inches and set with a four(4)inch border of concrete, flush with the ground. 2.F) DESIGNATED AREAS The Cemetery designates the following areas where restrictions on monuments shall apply: Divisions 2B, 2C and New Legion Section -Flat Markers only Divisions 2A,4 and 5 -Upright monuments only permitted in monument line. 8- 3) No monument or other structure shall be erected or permitted on a plot until the purchase price and accrued charges or expenses on the plot have been paid in full. 4) MONUMENT MATERIAL All monuments and markers shall be of granite, marble, bronze or field stone, of good quality and approved by the Cemetery. 4.A) All conventional monuments, except monuments made of natural field stone, require a minimum six(6)inch base. Natural field stone monuments may not require a base, subject to the approval of the Superintendent. The base shall not exceed two-thirds 2/3) the width of the plot on which the monument is erected. 4.113) IRREGULAR SHAPED MONUMENTS All diestones WITH columns, limbs of crosses, etc. shall be adequately dowelled to their bases, unless the underside of each superstructure is, in the judgement of the Superintendent, of sufficient area in relation to its height to ensure stability. 5) All foundations for monuments shall be built by the Cemetery at the owner's expense. Monument dealers must state on each order whether the order is pre -need or at -need and also, the date they wish foundations ready. They must give at least thirty days notice in writing before the work is required; otherwise they will be completed at the discretion of the Superintendent. Note: if incorrect dimensions have been given on the application form, the foundations will be removed and rebuilt by the Cemetery at the owner's expense. Foundations will not be installed during times of frost, which will be determined by the Superintendent. DEPTH OF FOUNDATION All foundations shall be five (5) feet in depth and the same size as the base of the monument above ground, until four inches from the top of the ground, and then extended to from a four (4)inch border around the base of the monument at ground level. 9- 6) INSCRIPTIONS No inscription shall be placed on any monument, marker, mausoleum or columbarium plaque that is not in keeping with the dignity and decorum of the Cemetery and without written approval of the monument owner/legal representative and prior approval of the Superintendent. If anon -English inscription is to be requested of the Cemetery, a complete and accurate English language translation shall be submitted with it to the Cemetery. 7)LETTERING No lettering shall be permitted on the side of a monument facing an adjoining lot where there is not three (3) feet between the monument and the boundary of the next lot. 8) FLAT MARKERS All markers must be finished level on all sides. Maximum tolerance of one half inch will be allowed for rock facing. Marker shall be no less than three (3)inches or more than five 5)inches in thickness. 9) CORNER POSTS All corner posts shall have sawn sides and be a minimum of six (6) inches and are not to exceed twelve (12) inches square and are to be installed flush with the ground. 10) BOOK MARKERS AND CRADLE STONES Book markers and cradle stones will be permitted in the eight (8) foot grave section. 11) URNS Open urns intended as receptacles for flowers and forming an integral part of a monument are permitted, subject to prior approval of the Superintendent. The Cemetery assumes no responsibility for damage, theft or loss. 12) SEATS AND BENCHES Accessory benches may be installed within the Cemetery, subject to prior approval of the Cemetery as to location, material, colour, etc. Benches will be under the ownership of the Cemetery and will be removed if not maintained to the decorum of the Cemetery. 10- 13) ADDITIONAL MARKERS One additional marker with a flat and low surface set flush with the ground may be placed at each grave in addition to any monument. Grave markers must be placed at the end furthest from the monument and may not exceed twenty four (24)by fourteen (14)inches in size. 14) REPAIRS TO MONUMENTS AND MARKERS The Cemetery is required to keep in proper repair all monuments and other erections within the Cemetery under care and maintenance. When in the opinion of a Superintendent, amonument has become unsafe or unsightly due to age or other causes, the Superintendent may dismantle the same and store it on the existing lot. Owner may make contribution for the re -erection of the said monument or wait until suitable funds are made available by the cemetery. 15) REMOVAL OF MONUMENTS When any monument or marker is to be removed for cleaning, inscription work, renovation, etc., application for permission for such removal shall be made beforehand in writing to the Superintendent and signed by the lot/monument owners and shall be removed and replaced during the regular hours of operation of the Cemetery and under Cemetery supervision. 16) IMPLEMENTS Implements or materials used in doing monument work or other work within the Cemetery shall be removed without delay. Otherwise, the Superintendent may order their removal and storage, and charge cost to the owner. 17)FEES The fee for preparing foundations for upright monuments and setting markers with concrete border is set out in the Tariff of Rates, filed with the Ministry of Consumer and Business Services and shall be due/payable on completion of the construction. 11- 18) RISK OF DAMAGE TO MONUMENTS Any monument, grave stone, marker or structure permitted by the Corporation to be erected or placed upon any lot or grave is erected and placed at the complete risk and expense of the owner, and the Corporation assumes no responsibility in this regard. D. RULES FOR MONUMENT DEALERS, VAULT DEALERS, CONTRACTORS. WORKMEN 1) PURCHASE ORDERS No work shall commence for installation of memorials until a purchase order has been submitted to and approved by the Superintendent or his/her designate of the Corporation. Installations shall be as per the established monument line. Such purchase orders shall be signed by the owner and/or agent authorizing such work and shall indicate the name of plot owner, description, type of memorial, and proposed location of memorial on plot. 2). NOTICE OF DELIVERY Notice must be given to the Cemetery office before any monument work is brought into the Cemetery. No monument work shall be delivered to the Cemetery until the foundation is completed and the contractor is ready to proceed with the work of erection. This work must be done under the supervision of the Superintendent or his/her designate. 3) All work must be done during regular Cemetery hours, unless given special permission by the Superintendent. 4) Contractors, masons and stonecutters shall lay planks on lots and over paths on which heavy materials are to be moved, as a protection against damage to the turf. No delivery vehicles will be allowed on or around any grave sites. Any damages will be at the contractors expense for repairs. 5) Workmen shall cease work if they are in the immediate vicinity of a funeral, until the conclusion of the service. 12- 6) Heavy loads shall not be permitted on the Cemetery when the roads are in an unfit condition. 7) The behaviour of all workmen employed by others shall be subject to the control of the Superintendent while they are in the Cemetery. 8) Any workman and/or employer who damages any lot, monument or other structure, or otherwise does any damage in the Cemetery, shall be responsible for such damage or injury. E. SALE OF LOTS 1) PURCHASE OF LOTS Lots and single graves may be purchased from the Corporation at the tariff of rates filed with the Ministry of Consumer and Business Services attached herewith, and according to the plans of the Cemetery. 2) Purchasers acquire only the right and privilege of burial of the dead, and of construction of approved memorials on their lots, subject to the rules and regulations relating to memorials. 3) Each purchaser of a lot or grave shall be entitled to an certificate of interment rights; but, only when all indebtedness has been satisfied, and all charges on the lot have been paid. 4) CARE AND MAINTENANCE Fees for care and maintenance, including the maintenance of the grounds, are included in the purchase price of the lot as laid out in the Tariff of Rates. 5) Where no interment has been made in a plot for more than twenty(20)years, the Corporation may apply to the Registrar for a declaration that interment rights are abandoned as per Section 30, 31, 32 of the Cemeteries Act Revised. 13- 6) TRANSFER OF BURIAL RIGHTS The owner or owners of any lot/grave shall not transfer, assign or convey any such lot/grave or any interest therein, without first notifying the Cemetery in writing of their intention to do so, furnishing the name and address of said party and paying the transfer fee. No such transfer shall be made while there are arrears due upon the said lot to the Corporation. Under the Cemeteries Act, R.S.O. 1990 s.18(1), a plot or grave cannot be resold privately by the owner. A plot or grave must be sold back to Tillsonburg Cemetery at the original purchase price less the amount of perpetual care paid at the time of purchase. If the original selling price is unknown, the repurchase price shall be deemed to be $50.00. O. Reg. 130/92,s.30(2). 7) The Corporation recommends that lot owners make full disposition of their cemetery holdings in their wills, making mention of the plot number and the division and section, etc. and also to the executor in charge of disposition.