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HomeMy WebLinkAbout1596-06 Cemetery - PatriciaCOUNTY OF NEWELL NO.4 BYLAW NO. 1596-06 A BYLAW OF THE COUNTY OF NEWELL NO. 4 IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ESTABLISHING CONTROL OF OPERATIONS FOR THE PATRICIA CEMETERY. WHEREAS the County of Newell No. 4 is recognized as the owner of the Patricia Cemetery as defined in the Cemeteries Act, Chapter C-3. THEREFORE the Council of the County of Newell No. 4, duly assembled, enacts as follows: 1. PURPOSE 1.1 The purpose of this bylaw is to establish a bylaw to control the operations of the Patricia Cemetery owned by the County of Newell No. 4 located at Plan 0612024 Block 1 Lot 1. 1.2 Mandate of this bylaw is to create a native and natural prairie cemetery with no fence and no foreign vegetation allowing cattle to graze at will. 2. DEFINITIONS 2.1 Caretaker means the person placed in charge of the cemetery by resolution of Committee. 2.2. Cemetery means land that is set apart or used as a place for the burial of dead human bodies or other human remains, or in which dead human bodies or other human remains are buried, awned by the County of Newell No. 4. 2.3. Committee means an Advisory Committee that has been formed to operate the Patricia Cemetery. 2.4. Fees means a Schedule of Fees and Charges as established by the Committee and such schedule to be filed with the County of Newell No. 4 for information purposes. 2.5. Lot means a 4 foot by 10 foot single grave site or cremation lot 4 feet by 4 feet with up to six internments. 2.6. Maintenance means both short and long term care of the cemetery. Bylaw 1596-06 Page 2 2.7. Monument means for the purpose of the Bylaw, a monument shall be understood to be any permanent memorial structure. 2.8. Municipality means the County of Newell No. 4. 2.9. Plot means the lot shown on a plan and officially recorded with the Committee. 3. CONTROL 3.1 The municipality delegates its authority to the Committee with respect to the control and maintenance of the cemetery. 3.2 The Committee shall supervise all sales of plots. 3.3 The Committee shall keep a correct account of all revenues and expenditures made in connection with the cemetery. 3.4 Two copies of all burial records (sales of plots) and reservations shall be maintained. One copy of all records shall be forwarded to the municipality prior to June 30tH each year. 4. SALES AND RESERVATIONS 4.1 The Committee shall from time to time review the prices for all plot sales, the charges for opening and closing of plots and the maintenance fees. 4.2 Plots in the cemetery shall be sold by the Committee. Should financial hardship be proven, the Committee may make agreements with the purchaser of a plot as it see fit. 4.3 Reservation for one or more plot may be made. However, if after 180 days the plots are not paid for, they will be forfeited. 4.4 If approved by the Committee, plots maybe transferred for no more than the original purchase cost set by the Committee. 4.5 It is a condition of every sale, that the purchaser expressly waives any claim arising by reason of any error or mis- ~- description of any burial plot. The Committee undertakes Bylaw 1596-06 Page 3 that it will attempt, insofar as it is reasonably possible, to avoid such error, any money paid to the Committee for a plot and it undertakes to make an equivalent quality of plots available. 4.6 Application for internments shall be made to the Committee. 5. MONUMENTS 5.1 The owner of each plot shall have the right to erect thereon a monument or headstone subject to the provisions of the Committee. 5.2 The Caretaker is to approve any headstone or monument prior to placement on the grave. 5.3 It is the plot owner's responsibility to maintain the monument in a manner acceptable to the Caretaker. 5.4 No person shall place upon any monuments the name of a dealer, supplier or manufacturer. 5.5 Low profile (no more than 6 inches high) monuments, tombstones or markers placed on the cement strips provided will be allowed. 5.6 All memorials must be of granite, marble, limestone or bronze unless approved in writing by the Caretaker. No fixtures of any type such as pictures or ornaments made of breakable materials may be attached to or affixed in any manner whatsoever to any part of a memorial. No person shall erect any structure in or around any plot. 5.7 Full length grave covers will not be allowed. 5.8 The Committee will construct cement foundation for erecting memorials. 5.9 No monument work except markers shall be delivered to a cemetery until the foundation is completed. 5.10 The behavior of all workmen employed by others upon cemetery property shall be subject to the control of the Caretaker. Bylaw 1596-06 Page 4 6. CARE OF LOTS 6.1 The owner of each plot must leave the plot in its native landscape. 6.2 To preserve the native landscape of the cemetery, the Caretaker shall approve the placement and removal of wreaths, flowers and other removable mementos. 6.3 No person other than the Caretaker shall remove any growing plants, flowers, slips or cuttings from anywhere in the cemetery. 6.4 The Caretaker may remove, after a period of thirty days from any plot any funeral design or floral pieces which may become wilted, or any other article or thing which is in his/her opinion unsightly. 7. MISCELLANEOUS PROVISIONS 7.1 The cemetery shall not be used for any purpose other than burial grounds for dead human bodies and human cremated remains. 7.2 All burials are to be made within the confines of a single plot. There shall not be more than two burials in a single adult grave space. Double burial in one plot must be indicated at the time of sale of the plot. 7.3 There shall not be more than six containers of cremated remains permitted in a single plot. 7.4 No person shall drive a vehicle in the cemetery except at a moderate rate and then only upon the roadway provided for the purpose thereof. The Caretaker may at his/her discretion prohibit the entrance of vehicles into the cemetery when the roads are not fit for vehicles. The owner of any motor vehicle shall be responsible for any damages done by such a vehicle within the boundaries of the cemetery. 7.5 No person shall disturb the quiet and good order of the cemetery by noise or any other improper conduct. 7.6 Any person who willfully damages or destroys or removes any memorial or any other structure placed in the cemetery "~ or any person who in the cemetery discharges firearms Bylaw 1596-06 Page 5 (save at military funerals) or commits a nuisance, shall be prosecuted to the fullest extent of the law. 7.7 All burials must be in an approved cement vault. 7.8 The internment of cremated remains to an existing burial plot will be allowed at the discretion of the Committee. 7.9 No burial shall be permitted unless a proper burial certificate is produced to the Committee. 7.1 p All applications for burial shall be made at least 24 hours before the time for internment. 8. ROLE OF COMMITTEE 8.1 There is hereby established a Committee which shall consist of three community members, one of which shall serve as Caretaker; plus the Division 3 Councillor. 8.2 The Committee members term of office shall be for three years, to run concurrently with the municipal election year. 8.3 The positions of Chairman and Treasurer of the Committee shall be elected from within for a one year term. 8.4 The Committee shall operate, maintain and manage the cemetery. 8.5 Subject to the provisions of this. bylaw and any policy thereto, the Committee may determine all rules of procedure for the conduct of its meetings, policies, procedures and setting of a fee schedule to cover costs for operating and maintaining the cemetery and maintaining the cemetery subject to final approval of the municipality. 9. GENERAL 9.1 The municipality may enter into agreement with another third party for the performance of this bylaw if a Committee is not established. 9.2 This Bylaw may be amended by resolution of Council. 9.3 This Bylaw shall come into force and effect upon the day of final passing. Bylaw 1596-06 Page 6 _ 10. EFFECTIVE DATE This Bylaw shall take effect upon final passing thereof. October 19, 2006 Moved by Councillor Philipsen that Bylaw 1596-06 receive first reading. October 19, .2006 Moved by Councillor Vermeeren that Bylaw 1596-06 receive second reading. October 19, 2006 Moved by Councillor Philipsen that Bylaw 1596-06 receive third and final reading. a. ,,~ !' r Reeve J ~~~, County Administrator