3946 To amend By-Law 3640, to govern the operation of Municipal CemeteriesTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAWN0.3946
A BY-LAW to amend By-Law 3640, to govern the operation of municipal cemeteries
under the jurisdiction of the Town ofTillsonburg and in particular, governing rights,
entitlements and restrictions with respect to interment rights, in accordance with the
Funeral, Burial and Cremation Services Act, 2002, s.o. 2002, c.33.
WHEREAS section 48(2) of the Funeral, Burial and Cremation Services Act,
2002, s.o. 2002, c.33 provides internment rights holders and the relatives of any
person whose remains are interred in a cemetery the right to decorate the lot in
which the remains are interred if the decorations do not contravene the cemetery
by-laws; and
WHEREAS the Council for the Corporation of the Town ofTillsonburg deems it
necessary and expedient to amend By-Law 3640 to include regulations pertaining
to decorating cemetery lots; and.
NOW THEREFORE the Council of The Corporation of the Town ofTillsonburg enacts
as follows:
1. That By-Law 3640-Section A be amended to include the definition of"Lot
Decoration" to read "the installation of a flowerbed, or placing of ornaments,
figurines or embellishments on a cemetery lot, which may include but is not
limited to: artificial wreaths, flower stands, fresh cut flowers, flowering or other
plants, potted plants, solar lights, vases, and urns".
2. That the following provisions be removed from Section F and added to Section B:
a. There shall be no discharge of firearms at a military funeral
b. No dogs or other pets shall be permitted in the cemetery
c. Picnics shall not be permitted within the cemetery.
3. That Section F be amended to read:
"F. CEMETERY LOT DECORATIONS
The Cemetery Operator reserves the right to regulate the articles placed on lots or
plots that pose a threat to the safety of all internment rights holders, visitors to the
cemetery and cemetery employees, prevents the Cemetery Operator from
performing general cemetery operations, or are not in keeping with the respect and
dignity of the cemetery. Prohibited articles shall be removed and disposed of
without notification.
Loose stones, articles of glass or pottery, or any other material that may create a
hazard to visitors or cemetery employees are not permitted within the cemetery.
Lot decorations of one internment rights holder must not infringe upon the
property of another internment rights holder.
The Town of Tillsonburg through cemetery personnel, reserves the right to remove
flowers, potted plants, wreaths, baskets or flowers when they become withered,
unsightly or are out of season.
The Town ofTillsonburg shall not be responsible for any damage to lots,
structures or objects therein or flowers or articles removed from a gravesite, except
for damage shown to be caused by a cemetery employee.
All lot decorations are the sole responsibility of the lot internment rights holder.
Artificial Wreaths:
Artificial wreaths or monument saddles shall be fastened to the monument or
mounted on a separate stand anchored to the ground and may be placed and remain
on the gravesite from November I" to April 15th of the following year. No plastic
or any other type of covering is permitted.
All artificial decorations remaining after April 15th will be considered
abandoned and will be removed by cemetery staff.
The cemetery reserves the right to disallow or remove quantities of memorial
wreaths or flowers considered to be excessive and that diminishes the otherwise
tidy appearance of the cemetery.
Flower Beds:
Flower beds shall be no larger than 15 inches in depth and not exceed the length of
the base of the monument. Planting shall be allowed in front of the monument
only. Flowerbeds or planting in the ground is not permitted on flat marker lots.
Borders on flowerbed gardens can be utilized to separate the flowerbed from the
surrounding grass area and can be made of pre-formed concrete, heavy grade
plastic, rubber or granite.
Flowerbeds are required to be cleared of tender plants by September 30th.
Interment rights holders wanting to take any plant away should do so before their
removal is necessary.
Fresh Cut Flowers:
Fresh cut flowers are allowed on all lots. They must be placed in a non-breakable
metal or plastic container. Vases, urns or flower stands on lots that are not filled
with flowers by June 20th in any year, may be removed from the lot by cemetery
personnel.
Placing loose gladioli on grave site for Decoration Day (the 3rd Sunday in August)
is allowed. Loose flowers placed for Decoration Day that have not been picked up
by the intermnent rights holder within the week will be removed by cemetery
personnel.
For columbaria, floral tributes will be allowed in bud vases that are approved by
the Tillsonburg Cemetery and that are attached to the columbarium niche. Other
floral tributes are allowed at the time of inurnment and on Decoration Day.
Flowers and wreaths placed against or near any part of the columbaria that are
liable to stain or deface the structure will be removed.
Potted Plants:
Potted plants shall be placed on the top of the ground as close to the monument as
possible and are required to be removed from the lot by September 30th or will be
taken away by cemetery personnel.
Shrubs:
No bushes, shrubs or trees are allowed on cemetery lots with the exception of
those already in place at the time this by-law was approved.
Trees & Plantings:
All landscaping and planting of trees in the cemetery is the responsibility of
Tillsonburg Cemetery personnel. For information about the Memorial Tree &
Bench Program, contact the Cemetery office at (519) 688-3009, ext. 5230".
4. THAT By-Law 3640 passed by the Council of the Corporation of the Town of
Tillsonburg on August 13,2012 shall be hereby amended.
5. THAT all amendments to By-Law 3640 must include proper notice as per
the Funeral, Burial, and Cremation Services Act 2002, Ontario Regulation 30/11,
Section 151 Re: Cemetery By-Laws.
6. THAT Cemetery by-laws and by-law amendments are subject to the
approval of the Registrar, Ministry of Consumer Services.
7. THAT THIS By-Law shall come into force and effect upon the receipt of
endorsement from the Registrar, Ministry of Consumer Services; and final passing
thereof.
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READ A FIRST AND SECOND TIME THIS 28th DAY OF September, 2015.
READ A THIRD AND FINAL TIME AND PASSED THIS 28th DAY OF September,
201~ /)z __ _
Deputy Mayor-Dave Beres
~r~-Donna Wilson