Chapter 42 Cemetery

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Chapter 42 Cemetery Ch 42 Art I Rules And Regulations Ch 42 Art II Cemetery Rates [HISTORY: Adopted by the Town Council of Centreville 10-5-2006 by Ord. No. 06-06. 1 Amendments noted where applicable.] 1 Editor's Note: This ordinance also repealed former Ch. 42, Cemetery, consisting of Art. I, Rules and Regulations, adopted 4-21-1988 by Ord. No. 209, as amended, and Art. II, Cemetery Rates, adopted 8-7-1997 by Ord. No. 212, as amended. Ch 42 Art I Rules And Regulations 42-1 Definitions And Word Usage 42-2 General Rules; Exceptions 42-3 Interments And Disinterments 42-4 Transfers Or Assignments 42-5 Decorating Of Lots 42-6 Roadways And Replatting 42-7 Conduct Of Persons Within Cemetery 42-8 Perpetual And Special Gardening Care 42-9 Monuments, Memorials And Markers 42-10 Descent Of Title To Lots 42-11 Violations And Penalties 42-1 Definitions And Word Usage The following definitions shall be applicable throughout this article: CEMETERY. The Chesterfield Cemetery. INTERMENT. The permanent disposition of the remains of a deceased person by cremation and inurnment or burial. MEMORIAL. Includes a monument, marker, tablet or headstone. MONUMENT. Includes a tombstone or memorial of marble or granite which shall extend above the surface of the ground. OWNER. The owner of rights of interment. PRESERVATION. The keeping of a monument or the prevention of further deterioration to a monument. REPAIR. Any alteration, change or addition made to any and all monuments to fix the results of damage from whatever means, weather, vandals or the deterioration over time. RESTORATION. The making of a monument like new. TOWN. The Town Council of Centreville, Maryland, its authorized agents or employees. The terms "lot," "plot," "site" or "burial space" shall be used interchangeably and shall apply with the like effect to one or more than one adjoining graves; and to one or more than one adjoining crypts or vaults. 42-2 General Rules; Exceptions The following general rules and regulation shall apply to the cemetery: Refusal of admission. The Town reserves the right to refuse admission to anyone not a lot owner and to refuse the use of any of the cemetery facilities at any time to any person or persons whom the management may deem objectionable to the best interest of the cemetery. Funerals. All funerals, upon reaching the cemetery, shall be under the charge of the Town Manager and/or his designated representative. Address changes. It shall be the duty of the lot owner to notify the Town of any change in his post office address. Notice sent to a lot owner at the last address on file shall be considered sufficient and proper legal notification. Gratuities. Gratuities may not be accepted by employees. No person while employed by the Town shall receive any fee, gratuity or commission except from the Town, either directly or indirectly. Disclaimer of liability. The Town disclaims all responsibility for loss or damage from causes beyond its reasonable control and, especially, from damage caused by the elements, an act of God, enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided. Work to be done by Town. All grading, landscape work and improvements of any kind and all care of lots shall be done, and all shrubs, trees and herbage of any kind shall be planted, trimmed, cut or removed, and all openings and closings of lots, and all interments, disinterments and removals shall be made only by the Town unless an exception is granted by the Town. Improvements. The Town requires notification of any repairs, restoration or preservation to any monument, complete with proposed cleaning materials, including cleaning tools. The Town reserves the right to refuse the repair, restoration or preservation if such would further damage the monument or if it would destroy the historical character of the monument. Such repair, restoration or preservation may only be carried out by members of the family who own the monument or by the Town itself if no owner exists any longer. In either case, at no time may Clorox or any other bleach ever be used as a cleaning agent. Any use of Volpex Soap or D2 Architectural Antimicrobial must be approved by the Town prior to its use. There will be no use of acids in the cleaning of any monument. There will be no use of sandblasting nor any use of high-pressure water treatments used in any work on any monument. Any repair, restoration or preservation by any owner of any monument should follow the guidelines laid out in a pamphlet to be available in the Town office, and the Town will provide a list of approved monument repair companies. No resetting of stones or foundations may be undertaken without the express permission of the Town, and if in the Town's determination it is necessary, without the involvement of or under the direction of the Town. The Town reserves the right, without notice, to make exceptions, suspensions or modification to any of these rules or regulations when, in its judgment, the same appears advisable. In all matters not specifically covered by these rules and regulations, the Town reserves the right to do anything which, in its judgment, is deemed reasonable under the circumstances, and such determination shall be binding upon the lot owner and all parties concerned. 42-3 Interments And Disinterments The following rules and regulations concerning interments and disinterments shall apply to the cemetery: Subject to laws. Besides being subject to these rules and regulations, all interments, disinterments and removals are made subject to the orders and laws of the United States government, the State of Maryland and Queen Anne's County, Maryland. Time and charges. All interments, disinterments and removals must be made at the time, in the manner and upon such charges as fixed by the Town. Prior notice. The right is reserved by the Town to insist upon at least 24 hours' notice prior to any interment and to at least one week's notice prior to any disinterment or removal. Application for interment. The Town reserves the right to refuse interment in any lot, and to refuse to open any burial space for any purpose, except by written permission by the lot owners of record. Approval of vault for extra depth. In certain sections of the cemetery where extra depth is permitted, the first burial must be enclosed in an outside vault, case or box constructed with approved steel, concrete or asphalt. Authorization of one lot owner sufficient. The Town reserves the right to make an interment of any member of the immediate family of any of several lot owners upon one of the owner's written authorization. No other person may be interred in any lot without written consent of all owners of the lot who are recorded on the books of the cemetery. Location of interment space. When instructions regarding the location of an interment space in a lot cannot be obtained or are indefinite or when, for any reason, the interment space cannot be opened where specified, the Town may, at its discretion, open it in such a location in the lot as it deems proper, so as not to delay the funeral. The Town shall not be liable for damages in any error or change so made. Orders given by telephone. The Town shall not be held responsible for any order given by telephone or for any mistake occurring from the lack of precise and proper instructions as to the particular space, size and location in a lot where interment is desired. Errors may be corrected. The Town reserves, and shall have the right, to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any lot, either by canceling such conveyance and substituting and conveying in lieu thereof another lot of equal value and similar location as far as possible, or as may be selected by the Town, or in the sole discretion of the Town, by refunding the amount of money paid on account of said purchase. In the event such an error shall involve a lot in which remains have been interred, the Town reserves, and shall have the right to remove or transfer such remains to such other lot of equal value and similar location as may be substituted and conveyed in lieu thereof. Delays in interments caused by protests. The Town shall in no way be held liable for any delay in the interment of remains where a protest to the interment has been made, or where the rules and regulations have not been complied with. Further, the Town reserves the right, under such circumstances, to place the remains in a receiving crypt until the rights of the parties making the protest have been determined. The Town shall be under no duty to recognize any protests of interments unless they are in writing and filed in the office of the Town Clerk. Not responsible for identity. The Town shall not be held liable for the identity of the person sought to be interred. No interment permitted unless lot paid for. No interment shall be permitted or memorial placed in or on any lot not fully paid for except by consent of the Town and, in the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary, and no rights shall be acquired by the lot purchaser until such property is fully paid for in cash, including principal and interest. In case the purchaser of said property shall fail to make all payments within 60 days after the same are due and payable, then the Town may reenter the lot and disinter the remains. The Town, thereupon, shall be released of all obligations thereunder, and it may retain such payments as have been made toward the purchase of such property as liquidated damages. The Town reserves the right, and shall have the right immediately or at any time thereafter, without notice, at its discretion, to remove to single graves, to be chosen by the Town, each of the remains then interred in said property. The Town, further, shall have the right to remove any memorial that may have been placed on the lot. Must use suitable outer container. All interments must be made in a suitable outer container constructed of materials of a permanent nature such as concrete, asphalt or metal and must be at least 15 inches below ground. Cremated remains. Under no circumstances may cremated remains be scattered in or on the cemetery grounds. Removal for profit prohibited. Removal of a body or cremated remains so that the lot may be sold for a profit or removal contrary to the expressed or implied wish of the original lot owner is absolutely forbidden. Removal to larger lot. A body or cremated remains may be removed from its original lot to a larger or better lot in the cemetery when there has been an exchange or purchase for that purpose. Care in removal. The Town shall exercise reasonable care in making a removal or disinterment, but it shall assume no liability for damage to a casket or burial case or urn in making the removal or disinterment. Payment of service charges. The charges for Cemetery services must be paid at the time of the issuance of the order of interment or disinterment and removal. Past-due indebtedness. Arrangements for the payment of any indebtedness due the Town must be made before interment will be made in any lot. 42-4 Transfers Or Assignments The following rules and regulations concerning transfers or assignments shall apply to the cemetery: Consent of Town. No transfer or assignment of any lot, or interest therein, shall be valid without being recorded on the cemetery books. Indebtedness. The Town may refuse to record and recognize a transfer or an assignment as long as there is any indebtedness due the Town from the record lot owner. 42-5 Decorating Of Lots The following rules and regulations shall apply to the decorating of lots in the cemetery: Flower regulations. Fresh flowers placed on a grave at the time of burial will be removed by the cemetery caretaker(s) on or about five days following interment. Although discouraged, artificial flowers or plastic decorations may be placed on a lot at any time of the year. Plastic decorations abandoned on a lot will be removed and discarded by the cemetery caretaker(s). Individual planting. Planting of shrubs or flowers is permitted only on lots which have a family monument. Such planting must be done by or under the supervision of the Town and maintained by the lot owner or his or her family. The lot owner shall give the necessary care to special plantings. Certain ornaments prohibited. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, vases, glass, wood or iron cases and similar articles upon lots shall not be permitted, and, if placed, the Town reserves the right to remove same. Planting trees is prohibited. No planting shall be done such that it could endanger any monument. 42-6 Roadways And Replatting The following rules and regulations shall apply to roadways and replatting in the cemetery: The right to enlarge, reduce, replat, abandon or change the boundaries or grading of any part of the cemetery or of a section or sections; to change, remove or regrade roads, drives or walks; to lay, maintain, operate or alter pipelines, gutters, lakes, drainage, etc., is expressly reserved to the Town as is the right to use Cemetery property not sold to individual owners for Cemetery purposes. The Town reserves to itself a perpetual right of ingress and egress over an interment space or spaces for access to other lots. No right granted in roads, walks, etc. No easement or right of interment is granted to any lot owner in any road, drive, walk or alley within the cemetery, but such road, drive, walk or alley may be used as a means of access to the cemetery or buildings as long as the Town devotes it to that purpose. 42-7 Conduct Of Persons Within Cemetery The following rules and regulations shall apply to the conduct of persons within the cemetery: Must use roads and walks. Persons within the cemetery grounds must use only the roads and walks. Flowers, trees, animals. All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery or plants, or feeding or disturbing birds or other animal life. Loud talking. No loud talking shall be permitted on the cemetery grounds. Rubbish. The throwing of rubbish on the drives, walks, lots, or any part of the grounds or buildings is prohibited. Motorcycles. No motorcycles, motorbikes or go-carts shall be admitted to the cemetery, except such as may be in attendance at funerals or on business. Peddling or soliciting. The peddling of flowers or plants, or soliciting the sale of any commodity, other than by employees of the Town, is prohibited within the cemetery. Notices and advertisements. No signs, notices or advertisements of any kind shall be allowed in the cemetery, unless placed by the Town. Hours grounds and office open. The cemetery grounds shall be open from 8:00 a.m. to sunset. The cemetery records (located in the Town Hall) are available from 9:00 a.m. to 4:00 p.m., Monday through Friday (except holidays). Improper assemblages. The Town reserves the right to forbid and prevent assemblages which it deems improper. Town to enforce rules. The Town Manager and/or his designated representative(s) is hereby empowered to enforce all rules and regulations and to exclude from the property of the Town any person violating the same. The Town Manager and/or his designated representative(s) shall have the charge of the grounds and buildings and, at all times, shall have supervision and control of all persons in the cemetery, including the conduct of funerals, traffic, employees, lot owners and visitors. 42-8 Perpetual And Special Gardening Care The following rules and regulations shall apply to perpetual and special or gardening care in the cemetery: Perpetual care of lots. The term "perpetual care" used in reference to lots shall mean the cutting of the grass upon the lots at reasonable intervals, the raking and cleaning of the lots, the pruning of the shrubs and trees that may be placed by the Town; and the general preservation of the lots, grounds, walks, roadways, boundaries and structures, to the end that said grounds shall remain and be reasonably cared for as a Cemetery grounds forever. The term "perpetual care" shall in no case be construed as meaning the maintenance, repair or replacement of any gravestones or monumental structures or memorials placed or erected upon lots, nor the planting of flowers or ornamental plants; nor the maintenance or doing of any special or unusual work in the cemetery; nor does it mean the reconstruction of any marble, granite, bronze or concrete work on any section or lot, or any portion or portions thereof in the cemetery, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasion, insurrection, riots, or by the order of any military or civil authority, whether the damage be directed or collateral, other than as herein provided. Investment of perpetual care funds. The money received for perpetual care shall be utilized and invested in the manner prescribed in the Town Charter for the Town of Centreville. The Town may offers a list of approved monument repair companies who can properly assist the owner with care, repair and, if necessary, reconstruction of any damaged monument. 42-9 Monuments, Memorials And Markers The following rules and regulations shall apply to monuments, memorials and markers: General. The Town is dedicated to long-range preservation of the cemetery grounds as an attractive, park-like setting for the sacred burial of the deceased. Accordingly, certain sections of the cemetery may be restricted as to the use of monuments, markers or memorials to ensure uniformity and continuing aesthetic appeal. Information as to a specific lot may be obtained at the Town Hall, and all persons concerned should contact the Town Clerk. The Town reserves the right to place its own historical markers in furtherance of its long-range preservation goals. Prior approval by Town. The Town reserves without limitation the right to approve all monuments, memorials, markers, tombs, etc. The requirements for approval will be based on, but not limited to, good design, an effort to avoid undue and monotonous duplication or excessive contrast with surrounding installations. No solicitation. Soliciting memorial business within the cemetery is not permitted. Material permitted. All monuments shall be constructed of first-grade marble or granite, all markers of first-grade marble, granite or bronze, such bronze to be of an alloy containing not less than 85% copper nor more than 5% lead. Size and design. The size of a memorial shall be governed by the size and location of the lot. The length of the base shall not exceed 60% of the width of the lot, and the memorial must be of such size and design as will blend in with surrounding memorials. Responsibility and liability. The Town assumes no responsibility nor liability for any defect or deterioration of any monument, marker, memorial, tomb, etc., unless such damage is directly caused by a foundation installed by the Town. Memorial dealers. Rules and guidelines: Memorial dealers shall be required to furnish the cemetery a blueprint or sketch of the proposed memorial or marker, specifying size, location, inscription (to scale), quality of stone and name of person or company furnishing said stone. A form for furnishing this information may be obtained at the Town Hall. The Town shall have the authority to reject any plan or design for any memorial or marker which, because of size, design, inscription, kind or quality of stone, is unsuitable in the opinion of the Town. The Town reserves the right to stop all work of any nature whenever, in its opinion, proper preparations therefor have not been made or when: Tools or machinery is insufficient or defective; Work is being executed in such a manner as to threaten life or property; The memorial being installed is not as approved by the Town; When any reasonable request of this Town is disregarded; Work is not being executed according to specifications; or Any person employed on the work violates any Cemetery rule. Workmen employed in placing or erecting monuments and other structures, or bringing in material, shall, as to the Town, operate as independent contractors, but must do so under permission from the Town and must be under the general supervision of the cemetery caretaker(s). Persons engaged in erecting monuments or other structures are prohibited from attaching ropes to existing monuments, trees and shrubs; or from scattering their material over adjoining lots, or from blocking avenues, roads or pathways, or from leaving their material on the grounds longer than is absolutely necessary. They must do as little injury to the grass, trees and shrubs as possible and must remove all debris and restore the ground and sod to its original condition. Work must proceed promptly until completion. Damage done to lots, walks, drives, trees, shrubs, or other property, by dealers or contractors, or their agents, shall be repaired by the dealers or contractors or their agents to the satisfaction of the Town. No material, machinery, or other items used in the construction of vaults, or such structures or monuments themselves, may be brought into the cemetery until required for immediate use. Under no circumstances shall material, machinery or other items be brought in when a funeral is in progress or any time the cemetery is considered closed. No work shall be done during said times, nor shall such material be placed on lots adjoining the one on which such a structure is to be erected without express permission from the Town. The completed work is subject to the approval of the Town and, if unsatisfactory, it may be removed by the cemetery caretaker(s). The memorial rules will be provided to the applicant at the time of application for a plot. Foundations: Foundations for all monuments shall be built at least two feet deep and shall be finished two inches below the grade at the top. Application for installation of a foundation shall be signed by the lot owner, giving his name, address, and lot location. Dealers may install foundations, provided that such foundations meet all requirements of the Town for design and materials. Approved veteran marker foundations will be installed by the Town unless otherwise authorized. Temporary grave markers. [Added 10-6-1988] In an effort to preclude any confusion over grave location during the interim time between the date of burial and the installation of approved permanent markers and/or monuments, it shall be the responsibility of the funeral director in charge of the burial to install and erect at the time of burial a temporary grave marker to be no larger than eight inches square and displaying the following minimum information thereon: Name of deceased. Date of death. Year of birth. Name of funeral director/establishment. Said temporary marker is to remain in place in legible condition until the installation of a permanent marker/monument but in no case longer than one year from the date of burial. 42-10 Descent Of Title To Lots The following rules and regulations shall apply to descent of title to lots in the cemetery: Laws of Maryland apply. This laws of the State of Maryland shall govern the descent of title to lots as well as other matters pertaining to assignments, conveyances, devises, trusts, deeds and alienability. New certificate. When title has been proved as provided by law and to the satisfaction of the Town, the Town will issue a certificate of ownership to the new owner, upon surrender of the deed or certificate of the deceased or prior owner. This surrendered deed or certificate will then be canceled. Lot's deed or certificate. When a deed or certificate for a lot has been lost or destroyed, the owner may file with the Town a request for a duplicate certificate, whereupon a certified copy of the old deed or certificate will, upon payment of a reasonable charge, be issued. 42-11 Violations And Penalties The violation of the provisions of this article shall constitute a municipal infraction, subject to the penalties provided in § 1-14.B.5.c of the Town Code. HISTORY Amended by Ord. 13-2024 Amended Penalty Sections throughout the Code on 1/2/2025 Adopted by Res. 19-2024 Establishing certain fines to be paid to the Town of Centreville for Municipal Infractions pursuant to the Authority set forth in the Town of Centreville Charter and Code of the Town of Centreville on 1/2/2025 Ch 42 Art II Cemetery Rates 42-12 Annual Upkeep Charges 42-13 Opening Graves Or Burial Spaces On Weekdays 42-14 Opening Graves Or Burial Spaces On Weekends And Holidays 42-15 Burial Lots And Spaces 42-16 Right To Perpetual Care 42-17 Permit Fee 42-12 Annual Upkeep Charges There is levied upon all graves and burial spaces in Chesterfield Cemetery, except those for which perpetual upkeep and care charges have been paid, an annual charge as set from time to time by resolution of the Town Council, for the upkeep and care of such graves and burial spaces for each calendar year, to be due and payable on the first day of each calendar year. If for any reason this annual charge for a burial space is not paid for five consecutive years, then said space shall, without further notice, revert to the Town Council of Centreville. 42-13 Opening Graves Or Burial Spaces On Weekdays For opening any grave or burial space in Chesterfield Cemetery on weekdays (Monday through Friday), the charge for stillborn or cremated remains, interment of a body of a resident or nonresident of the Town of Centreville or interment of a body at double depth, providing for subsequent burial in the same burial space shall be as set from time to time by resolution of the Town Council. 42-14 Opening Graves Or Burial Spaces On Weekends And Holidays For opening any grave or burial space in Chesterfield Cemetery on weekends (Saturday and Sunday) and holidays, the charge for stillborn or cremated remains, interment of a body of a resident or nonresident of the Town of Centreville or interment of a body at double depth, providing for subsequent burial in the same burial space shall be as set from time to time by resolution of the Town Council. 42-15 Burial Lots And Spaces The prices to be charged for burial lots and spaces in Chesterfield Cemetery shall be as set from time to time by resolution of the Town Council. (Price covers required corner posts). Conditions shall be as follows. No more than two burials per space. No cremations allowed on top of vaults unless the vault is at double depth. Only flat markers allowed on triangular cremation spaces. 42-16 Right To Perpetual Care All burial lots and spaces in Chesterfield Cemetery sold shall be entitled, for the cost thereof, to perpetual upkeep and care, and 50% of the purchase price of such burial lots and spaces shall become and be a part of the perpetual care funds of the Chesterfield Cemetery Department. 42-17 Permit Fee There shall be a permit fee, as set from time to time by resolution of the Town Council, for all monuments installed after the effective date of this article. Said monuments must be installed on a two-foot-deep foundation, the location of the foundation to be approved by Town personnel. All preparation and notification to the Town for placement of monuments is the responsibility of the lot/space owner(s).