Chapter 12.28
WEST YELLOWSTONE CEMETERY
Sections:
Article I. ADMINISTRATION--GENERAL PROVISIONS
12.28.010 Established.
12.28.020 Boundaries.
12.28.030 Establishing separate cemetery unlawful.
12.28.040 Deposits for ornamentation.
12.28.050 Town clerk--Duties--Accounts.
12.28.060 Cemetery superintendent--Duties--Burial register.
12.28.070 Cemetery superintendent--Report to board.
12.28.080 Purchase of lots--Application.
12.28.090 Purchase of lots--Receipts.
Article II. FUNDS
12.28.100 Cemetery fund.
12.28.110 Permanent care fund--Created.
12.28.120 Permanent care fund--Use of moneys.
12.28.130 Permanent care fund--Deposits.
12.28.140 Permanent care fund--Investments.
12.28.150 Accounts of cemetery funds.
ARTICLE III. RULES AND REGULATIONS
12.28.160 Generally.
12.28.170 Purpose of cemetery.
12.28.180 Hours.
12.28.190 Roadway regulations.
12.28.200 Dogs at large.
12.28.210 Picnics and liquors.
12.28.220 Firearms.
12.28.230 Employee gratuities prohibited.
12.28.240 Damaging property.
12.28.250 Expulsion from grounds.
12.28.260 Right of entry.
12.28.270 Ornamentation, decoration and shrubbery.
12.28.280 Monuments.
12.28.290 Transmission and reception of messages.
12.28.300 Arrangements for interments.
Article IV. BOARD OF TRUSTEES
12.28.310 Established--Composition--Term--Oath-Vacancy.
12.28.320 Removal from office.
12.28.330 Election of officers--Quorum.
12.28.340 Meetings--Special meetings--Notice.
12.28.350 Management of cemetery grounds--Records--Appointments.
12.28.360 Audits of claims.
12.28.370 Records open to public.
12.28.380 Secretary of the board--Record of meetings.
12.28.390 Secretary of the board--Record of cemetery lots.
12.28.400 Annual financial statement.
12.28.410 Proposed fiscal budget.
12.28.420 Contracts.
12.28.430 Report of lot values and conveyances.
12.28.440 File of permits for burials and disinterments.
12.28.450 Treasurer designated--Duties.
Article I. ADMINISTRATION--GENERAL PROVISIONS
12.28.010 Established.
There is established a cemetery for the burial of the human dead to be known as the West Yellowstone Cemetery, and control thereof is assumed by the town, and the same shall be governed, managed and controlled as provided by this chapter. (Ord. 76 §1, 1978)
12.28.020 Boundaries.
The West Yellowstone cemetery shall be composed of that certain tract of land lying north of the town now owned, controlled and used by the town for the burial of the human dead, together with such other tracts of land as the town may hereafter acquire. A plat of the tract being attached to this chapter and by this reference made an integral part of the ordinance codified in this chapter. (Ord. 76 §2, 1978)
12.28.030 Establishing separate cemetery unlawful.
It is unlawful for any person to establish and maintain a cemetery within the limits of the town or within three miles of the limits of the town. (Ord. 76 §15, 1978)
12.28.040 Deposits for ornamentation.
Any person may deposit with the town clerk any sum not less that one dollar for the purpose of being used and expended by the board of trustees in and about the care or ornamentation of the cemetery. (Ord. 76 §14, 1978)
12.28.050 Town clerk--Duties--Accounts.
It shall be the duty of the town clerk to receive moneys payable to the cemetery, from whatever sources derived, and the clerk shall account to the town treasurer for all moneys received and pay same over to the town treasurer at least once each month all such moneys taking a receipt for the same. (Ord. 76 §3, 1978)
12.28.060 Cemetery superintendent--Duties--Burial register.
It is the duty of the superintendent of the cemetery to keep a register and make out a burial permit, in which register and on such burial permit he shall enter the date of each interment in the cemetery, the number of the grave, lot and block in which such interment is made, and when he can obtain the same, the name, age, sex, time place and cause of death and the next of kin or the administrator of the estate, of the person interred. He shall deliver one copy of the burial permit to the secretary of the board. (Ord. 76 §4, 1978)
12.28.070 Cemetery superintendent--Report to board.
It shall be the duty of the superintendent of the cemetery, at any regular meeting of the board, to make a report to the board of trustees of the number of all interments or disinterments made in the cemetery during the time for which such report is made, and this report shall be recorded in the minutes of the meeting. (Ord. 76 §5, 1978)
12.28.080 Purchase of lots--Application.
Whenever any person shall desire to purchase any lot in the town cemetery, he or she shall make application therefor to the superintendent of the cemetery, who shall without fee or charge forthwith deliver to such person a copy of the application stating the grave and block and that the person named in the application will be intitled to a conveyance of such lot upon payment of the designated value of the lot within thirty days form the date of such application to the town clerk. (Ord. 76 §6, 1978)
12.28.090 Purchase of lots--Receipts.
Upon receipt of payment of the designated value of the cemetery lot stated in the application, the town clerk shall issue a receipt in duplicate. One copy of the receipt shall be retained, and the other copy shall be delivered to the person presenting such application. The town clerk shall within thirty days from the date of the above named receipt, present a conveyance describing the grave, lot and block as shown on such receipt to the mayor of the town, who shall execute the same and mail to the person named on the conveyance. A separate record shall be kept on all conveyances executed stating the purchaser’s name, the grave lot and block and the amount paid for the same. (Ord. 76 §7, 1978)
Article II. FUNDS
12.28.100 Cemetery fund.
All moneys appropriated by the town council to the use of the board of trustees, all moneys received from the sale of lots in the cemetery and all moneys received from all other sources in any manner connected with such cemetery or cemetery property, or from taxes levied for cemetery purposes, shall be paid over to the treasurer, and shall constitute a fund to be known as the cemetery fund. Such fund shall not, nor any part thereof be loaned to any other fund of the town, nor used or appropriated to any purpose whenever, other than in and about the care, management and improvement of the cemetery and cemetery property of the town. (Ord. 76 §8, 1978)
12.28.110 Permanent care fund--Created.
In addition to the regular cemetery fund, there is created a fund which shall be known as the permanent care fund. (Ord. 76 §9, 1978)
12.28.120 Permanent care fund--Use of moneys.
A. The money in the permanent care fund, or moneys received from investments of the permanent care fund, shall be used for the care and maintenance of the town cemetery, and than only after all other moneys in the regular cemetery fund are exhausted, and only when in the opinion of the board of trustees it shall be necessary to so use the moneys.
B. Moneys placed in the permanent care fund shall not, nor shall any part thereof, be loaned to any other fund of the town, nor used or appropriated to any purpose whatever other than for cemetery purposes, and then only as the board of trustees shall direct. (Ord. 76 §10, 1978)
12.28.130 Permanent care fund--Deposits.
The permanent care fund shall be made up of all moneys deposited in the fund by the treasurer, and the board of trustees are authorized to direct the treasurer, from time to time, to deposit in the permanent care fund such moneys as shall remain in the regular cemetery fund over and above the current needs of the board in the operation of the cemetery. (Ord. 76 §11, 1978)
12.28.140 Permanent care fund--Investments.
The board of trustees shall have the full right and privilege, with the approval of the town council, to invest all money in the permanent care fund in any time or savings deposits, in any solvent bank, building and loan association or savings and loan association operating in the county where the town is located. At the time of the purchase the investment must be stamped in boldface type, substantially as follows: "Property of the West Yellowstone Cemetery Permanent Care Fund." (Ord. 76 §12, 1978)
12.28.150 Accounts of cemetery funds.
It shall be the duty of the treasurer of the board of trustees to keep an accurate account of the funds of the cemetery, crediting them with all moneys received and charging them with all payments made on their account. (Ord. 76 §13, 1978)
ARTICLE III. RULES AND REGULATIONS
12.28.160 Generally.
The rules and regulations in this article are established for the government of the grounds of the West Yellowstone cemetery and interments. (Ord. 76 §16(part), 1978)
12.28.170 Purpose of cemetery.
The grounds of the town cemetery are sacredly devoted to the interment of the human dead, and a strict observance of the decorum which should characterize such a place will be required. All lots are held as burial places for the human dead and for no other purpose, and the entire cemetery, excluding roadways shall be left in a natural condition, in keeping with the surrounding environment. (Ord. 76 §16(1), 1978)
12.28.180 Hours.
The hours of admission to the cemetery shall be from sunrise to sunset. (Ord. 76 §16(2), 1978)
12.28.190 Roadway regulations.
A. The following shall not be allowed on the cemetery grounds: horses, snowmobiles, cross-country skiers, and motorcycles shall be on established roadways.
B. All vehicles must not be driven at a speed exceeding ten miles per hour. (Ord. 76 §16(3, 4), 1978)
12.28.200 Dogs at large.
No dogs running at large, or persons accompanying such dogs, will be allowed within the cemetery grounds. (Ord. 137 §7(part), 1989; Ord. 76 §16(5), 1978)
12.28.210 Picnics and liquors.
No picnic refreshments or liquors of any kind will be allowed within the cemetery. (Ord. 76 §16(6), 1978)
12.28.220 Firearms.
Persons with firearms will not be admitted except at military funerals. (Ord. 76 §16(7), 1978)
12.28.230 Employee gratuities prohibited.
Employees and attendants of the cemetery are not permitted to receive gratuities from visitors. (Ord. 76 §16(8), 1978)
12.28.240 Damaging property.
All persons are prohibited from touching any object not their own, plucking any flowers, shrubs or plants, wild or cultivated, or injuring anything upon any part of the grounds. (Ord. 76 §16(9), 1978)
12.28.250 Expulsion from grounds.
A. The superintendent of the cemetery may expel or refuse admission into the grounds any persons who may violate any of the rules of the cemetery.
B. The superintendent is a duly appointed special policeman of the town for the maintenance of order and the arrest of trespassers and offenders on the cemetery grounds. (Ord. 137 §7(part), 1989; Ord. 76 §16(10, 11), 1978)
12.28.260 Right of entry.
The board of trustees shall have the right to enter in or upon any lot and make such improvements as they may deem for the best advantages of the grounds. Lot owners shall not change the grade of lots or interfere in any way with the general plan of improvement directed by the board. (Ord. 76 §12, 1978)
12.28.270 Ornamentation, decoration and shrubbery.
A. No tree or shrub within the border of any lot or lots shall be planted, removed or destroyed without the consent of the board of trustees, and the board shall have the right at any time to enter upon any lot and cut down or remove any such tree, shrub, or parts thereof, as they may deem detrimental to the grounds, unsightly or inconvenient to the public or to the adjacent lots or avenues.
B. Flowers and plants that have become deteriorated will be removed, after the first frost.
C. The use of glass jars or glass vases are prohibited, due to the breakage. Flower boxes shall be prohibited.
D. Flower designs or other decorations will be removed from lots as soon as the flowers become wilted or unsightly.
E. Artificial decorations will be permitted, but shall be removed within seven days of placement in the cemetery. (Ord. 76 §16(13--17), 1978)
12.28.280 Monuments.
If any monument, effigy, inscription or any structure be placed in or upon any lot, which shall by vote be duly taken, be determined by the board of trustees to be offensive or improper, or injurious to the surrounding grounds, the board shall have the right to correct or remove the same.
B. In keeping with the natural surroundings and environment all monuments shall not exceed the ground level in height. No vaults, crypts or mausoleums shall be allowed.
C. Before any monument, headstone or marker is set or erected at the West Yellowstone Cemetery, a permit shall be secured from the town office for a fee of five dollars. Separate permits shall be secured for each monument, headstone or marker to be erected. Before any work commences on placement of said monument, headstone or marker, the
permit must be presented for review and approval by an authorized representative of the town government or trustee of the cemetery board. Site location of said monument, headstone or marker must be approved and verified before placement. Cemetery personnel must be given a period of at least twenty-four hours in which to verify and mark the location of the monument, headstone or marker at the West Yellowstone Cemetery.
D. The head of the north/south aligned lots shall be at the north end. Monuments, headstones or markers will be placed so that a person reading the monument, headstone or marker is facing north. The head of all east/west aligned lots shall be at the west end. Monuments, headstones or markers shall be placed so that a person reading the monument, headstone or marker is facing west; except that in blocks 28 through 32 of the east/west aligned lots, monuments, headstones or markers shall be placed so that a person reading the monument, headstone or marker is facing east. Only one monument, headstone or marker will be permitted on an owner’s lot and such monument, headstone or marker shall be placed at the head of the lot and centered as nearly as practicable. Each monument, headstone or marker shall not exceed a maximum of three feet in length per lot; provided, however, that no more than two adjoining lots may be represented by one monument, headstone or marker not exceeding in size six feet long by thirty inches wide; provided, further, that in cases provided for in Section 12.28.300(G), monuments, headstones or markers may be up to four feet six inches long and thirty inches wide. All such monuments, headstones or markers shall be properly encased in concrete. (Ord. 157 (part), 1993; Ord. 104 §1, 1984; Ord. 76 §16(18, 19, 20), 1978)
12.28.290 Transmission and reception of messages.
The cemetery will not be responsible for any mistake or error in the transmission or reception of messages by telephone. Every such message should be confirmed immediately in writing. (Ord. 76 §16(21), 1978)
12.28.300 Arrangements for interments.
A. Arrangements for an interment shall be made at least forty-eight hours in advance of the time set for the funeral service, otherwise the management cannot guarantee to have the grave ready for burial. In all cases the box or vault to enclose the casket, with specifications of its exact size, must be sent at once to the cemetery. The hour for the funeral must be so arranged that the grave may be properly filled and all surplus ground removed before five p.m. An extra charge will be made for an interment if the funeral enters the grounds after four p.m.
B. No interments will be permitted on any Sunday or on any legal holiday.
C. The law requires a burial permit from the board of health to be presented to the superintendent before interment. The burial permit will be required for all interments and for the deposit of ashes of cremated bodies.
D. The purchase price of the grave being used and the cost of preparing the grave for burial must be paid in advance to the town clerk. Directions for all interments should be given to the superintendent.
E. Proprietors shall not allow interments to be made in their lots for remuneration.
F. All interments and disinterments shall be made only by the regular employees of the cemetery, and all graves must be dug not less than five feet deep, except as otherwise permitted in this chapter.
G. No double burials will be allowed, nor two in the same grave, except in the case of a mother and infant child, two infants or two members of an immediate family when one body has been cremated.
H. The board of trustees may designate particular lots or blocks in the cemetery for the exclusive interment of cremated remains. Lots and blocks so designated may contain the cremated remains of either one person or two immediate family members, but shall have only one monument, headstone, or marker in accordance with Section 12.28.280.
I. No disinterments shall be made except by permission granted by the board of trustees and either the lot owner or the next of kin of the deceased.
J. Ashes of cremated bodies shall be placed in suitable containers and buried not less than two feet deep. (Ord. 217 §1, 2005: Ord. 76 §16(22), 1978)
Article IV. BOARD OF TRUSTEES
12.28.310 Established--Composition--Term--Oath--Vacancy.
A. There is created and established a board of trustees of the West Yellowstone Cemetery composed of the mayor and four other persons to be appointed by the mayor and approved by the town council. The four appointed members shall be residents of School District No. 69.
B. The term of office of each trustee of the board shall be two years, except that the members first appointed, two shall be appointed for a period of one year and two for a period of two years, their term commencing May 1st of the year in which they are appointed.
C. Before entering upon the discharge of his or her duties, each trustee of the board shall take and subscribe the oath provided by the laws of the state for town officials, which oath shall be filed in the office of the town clerk.
D. If any vacancy occurs in the board of trustees at any time, such vacancy shall be filled by appointment by the mayor with the approval of the town council, and such other person appointed to fill a vacancy shall hold office for the unexpired term. (Ord. 157 (part), 1993; Ord. 76 §17, 1978)
12.28.320 Removal from office.
The town council may at any time by a vote of not less than two-thirds of all members of the council remove from office any member of the cemetery board. (Ord. 76 §18, 1978)
12.28.330 Election of officers--Quorum.
The board of trustees of the cemetery shall organize on the second Monday in May, of each year, by electing one of their number, other than the mayor, president, one vice president, and one secretary, and such officers shall hold office for one year and until their successors are elected and shall qualify. Three members of the board of trustees shall constitute a quorum for the transaction of business at any special or regularly called meeting. (Ord. 76 §19, 1978)
12.28.340 Meetings--Special meetings--Notice.
A. The cemetery board shall hold meetings at such times as it shall by resolution or otherwise appoint.
B. Special meetings may be called by the president, and must be called by him upon the written request of three or more members of the board.
C. Notice of all special meetings must be served personally upon each and every member of the board, or by written notice signed by the president or secretary, directed to each member, and deposited in the post office of the town, at least twenty-four hours previous to any special meeting. Any special meeting of the cemetery board, organized when all the members are present and participate in the business transacted, shall be a legal meeting of the board.
D. The board may adopt such rules to govern its deliberations and the manner of transacting its business as it shall be determined upon; and may amend, change or repeal the same in such manner as it may determine.
E. All meetings shall be open to the public. (Ord. 76 §16(20), 1978)
12.28.350 Management of cemetery grounds--Records--Appointments.
A. The board of trustees of the cemetery, subject to the control of the town council, shall have the full charge, control, custody, management, and supervision of the cemetery grounds and places of burial that are now or may hereafter be in any manner owned, held or controlled by the town. Also, of all property, real, personal, and mixed which is now or may hereafter in any manner be used, occupied or possessed in connection with any such cemetery grounds or places of burial. Also, of all books, plats, records, and other papers to any such property in any manner belonging, appertaining or used in connection therewith.
B. The board shall have power to make, subject to the approval of town council, such rules and regulations for the care, management, preservation and improvements of such cemetery grounds, places of burial and property as they may deem necessary and proper, and to enforce the same.
C. The board shall also have the right to appoint a superintendent, town sexton and such other employees as they may deem necessary, to prescribe their duties, and to remove at pleasure any employee by them appointed. Also, to designate and fix, subject to the approval of the town council, the compensation of all persons so employed. (Ord. 76 §16(21), 1978)
12.28.360 Audits of claims.
The board of trustees shall audit all claims against the West Yellowstone cemetery, and such claims when allowed by the board of trustees, shall be given to the town council for appropriate action. (Ord. 76 §16(22), 1978)
12.28.370 Records open to public.
The books and papers of the board of trustees of the cemetery and of the secretary thereof, shall at all times be open to the examination of the town council, or any of its committees or any person for that purpose appointed by the town council. (Ord. 76 §16(23), 1978)
12.28.380 Secretary of the board--Record of meetings.
It shall be the duty of the secretary, under the direction of the board, to keep a set of books in which shall be made a full and complete record of all proceedings of such board, and he or she shall also perform such other duties as may be required of him or her by the board. (Ord. 76 §16(24), 1978)
12.28.390 Secretary of the board--Record of cemetery lots.
The secretary of the board of trustees shall keep for each cemetery owned, held or controlled by the town, a separate record under the proper designated name of each such cemetery, in which record he or she shall enter in the proper order a description by its number of every lot in the cemetery. And whenever a conveyance of any lot shall be executed, he or shall enter opposite the descriptions of the lot conveyed, the name of the grantee, the date of conveyance and amount paid for each lot. (Ord. 76 §16(29), 1978)
12.28.400 Annual financial statement.
The board of trustees of the cemetery shall, on the first regular town council meeting in May of each year, make and deliver to the council an annual financial statement; and, shall also on the first Monday in May of each year, make a report to the council of the proceedings of the board for the preceding year, and of the conditions of and in the cemetery, and of cemetery property in the charge of the board, and shall also make, and at any time may make, such recommendations as they may deem proper. (Ord. 76 §16(25), 1978)
12.28.410 Proposed fiscal budget.
The board of trustees shall, in accordance with the budget laws, report to the town council an estimate of the receipts and the amount of money required by the board for use in and about the care and management of the West Yellowstone cemetery, and cemetery property, for the ensuing year. (Ord. 76 §16(26), 1978)
12.28.420 Contracts.
The board shall not enter into any contract involving the expenditure of any sum of money greater than two hundred dollars without first having submitted such proposed contract to the town council and obtained its approval thereof. (Ord. 76 §16(27), 1978)
12.28.430 Report of lot values and conveyances.
A. The board of trustees of the town cemetery shall annually, after November 1st and before January 1st of each year, submit to the town council, for approval, a report designating the value of each and every unsold lot in the town cemetery, and when so approved by the town council, any person may purchase any lot, not to exceed one in number, in such cemetery, at the price so designated, and the same shall be conveyed to such purchaser.
B. All conveyances of any of such lots shall be executed and acknowledged by the mayor of the town and attested by the town clerk; provided, that no lot in the cemetery shall be conveyed until the designated value thereof is paid into the treasury of the board of trustees of the town cemetery of the town.
C. All conveyances of the cemetery lots shall have the following restrictions placed on the conveyance:
This conveyance is subject to the following restrictive convenant. The land and subject of this conveyance shall not be sold by the grantee or grantees named herein to any person, firm, or corporation, other than the Town of West Yellowstone. In the event the grantee or grantees named herein desire to sell the land the subject of this conveyance then and in that event they shall notify the Cemetery Board, who shall purchase same, at the then market value as determined by the Cemetery Board in accordance with Ordinance No. 76 of the Town of West Yellowstone.
(Ord. 76 §16(28), 1978)
12.28.440 File of permits for burials and disinterments.
The secretary of the board of trustees shall keep a numerical file of a copy of all the permits issued for burials and disinterments. (Ord. 76 §16(30), 1978)
12.28.450 Treasurer designated--Duties.
A. The treasurer of the town shall be ex officio treasurer of the board of trustees of the West Yellowstone cemetery.
B. The treasurer of the board of trustees shall receive all moneys which may be appropriated to, or in any manner come into control or possession of, the board. He or she shall pay all orders drawn on him or her by the board, and all such orders shall be signed by the president, and the secretary, or a board member. (Ord. 76 §16(31, 32), 1978)