BYLAW 4-2012 CEMETERY

VILLAGE OF SHELL LAKE
BYLAW 4- 2012

CEMETERY BYLAW


A BYLAW OF THE VILLAGE OF SHELL LAKE TO PROVIDE REGULATIONS FOR THE USE, CARE AND MAINTENANCE OF SHELL LAKE CEMETERY

The Council of the Village of Shell Lake in the Province of Saskatchewan
enacts as follows:

1. The management and control of the Shell Lake Cemetery shall be vested in the Council of the Village of Shell Lake, which shall allot burial plots therein and issue licenses therefore, and may make regulations governing the same, not inconsistent with the Bylaw, and in consultation with the Cemetery Committee.

2. The Council may from time to time make such rules and regulations for the government of the cemetery, as it deems necessary and proper to secure and promote the general objects of the community.

3. The Village shall establish a Cemetery Committee to oversee the operation of the cemetery with the village:

a) The committee shall be comprised of 3 members of which any or all may be members of the Village of Shell Lake.

b) The committee shall sit on the committee until such time as they submit their resignation or the Council revokes their appointment.

c) The committee shall be responsible for the day-to-day operations of the cemetery.

d) The committee shall meet as many times a year as deemed necessary to operate and maintain the cemetery.

e) Donations of all plot funds shall be forwarded to the Cemetery fund.

f) The Council of the Village of Shell Lake may reverse any decision made by the Committee that they feel may jeopardize or financial status of the Cemetery.

4. Care and Improvement of Graves and Plots:

a) No person shall plant any tree, shrub or plant or do any work of any kind in the Cemetery without the permission of the Cemetery Committee.

b) The Committee may remove any monument, enclosure or any inscription or any other thing, placed in or upon any lot which it deems to be improper or injurious to the appearance of the Cemetery.

c) No person shall construct, in the cemetery any fence, railing, trellis, or coping, except with the permission of the Cemetery Committee.

d) No person shall cut down any tree or shrub, or remove any monument, fence, or railing except with the permission of the Committee.

e) If any tree or shrub, by means of its roots, branches or otherwise, becomes detrimental to an adjacent lot or walkway or dangerous or inconvenient, the Committee may direct the removal of or remove, such tree or shrub or parts thereof.

f) The Village of Shell Lake or any official shall not be responsible for any mistakes resulting from lack of precise or proper instructions regarding the grave space on a lot or plot where an interment be or has been made.

5. Monuments and Markers:

No monument, markers or object of any kind shall be placed on any grave or plot in the Cemetery except as this section provides:

a) All monuments or markers shall be of granite, marble, stone, bronze, concrete or other suitable material. The front, tops and backs shall be axed, honed or polished. All monuments shall be erected on a foundation reinforced concrete or material and shall protrude at least four (4) inches beyond the marker on each side.

b) No grave covers shall be placed on any grave or plot in the cemetery.

c) No grave shall be less than six (6) feet in depth from the surface of the surrounding ground except in the case of cremations which shall be buried minimum of three (3) feet in depth. Graves may be for the interment of cremated remain.

d) Flat grave markers shall be installed on an approved base in a straight continuous row and that the highest point shall be at least four (4) inches above the surface of the ground. The Committee reserves the right to adjust any grave marker that is installed improperly and forward any charges to the registered installer of the marker.

e) The Committee shall have the right to remove any and all natural or artificial, flowers or wreaths when deemed unsightly.

f) The Committee may remove or prevent the placing of any stand, holder, base or other receptacle for flowers or plants, deemed to be unsuitable and a hindrance to the maintenance of the Cemetery

6. Cemetery Fees:

a) The following sum shall be charged for burials and shall be paid by the applicants at the time of selection:

i) $500.00 for each plot, $450.00 of that being for perpetual care. Those who bought plots previously will be billed $450.00, for perpetual care. Those being buried in an existing grave will also be billed $450.00 for perpetual care. If anyone decides they no longer want their plot, they can return it to the Cemetery and with the receipt, be reimbursed their purchase price.

ii) Maximum of four cremation burials per plot and $10.00 for each cremation burial plus $450.00 for perpetual care.

b) In order to keep an accurate burial register, a statement shall be given to the Administrator at the time of the burial with the plot number and name of the deceased.

c) The owner of a plot or plots wishing to transfer ownership to another person, must make a written application to the Village Council before the transfer will be validated.

7. No graves shall be opened and no disinterment shall take place unless written permission is obtained from the Deputy Minister of Public Health.

a) No cremations may be removed without the approval of the Cemetery Committee or the Administrator. Cremation is not considered final disposition therefore no disinterment permit is required from the Deputy Minister of Public Health.

8. Any person who willfully destroys, mutilates, defaces, injures or removes any tomb, monument, gravestone or any structure, railing or other work for the protection or ornamentation of the Cemetery or any tree, shrub, plant or flower, or plant any game or sport, discharges fire arms except at a military funeral or willfully or unlawfully disturbs the peace and good order of the cemetery or who commits a nuisance or behaves in an indecent or unseemly manner shall be liable to the penalties provided for an infraction of this Bylaw.

9. Any person found guilty of an infraction of any of the provisions of this Bylaw, shall be liable to the penalties imposed by the Municipalities Act as follows:

a) Section 362(1)), Section 372 & 373
i) Any cost pertaining to the village will be charged to the offender
ii) Anyone who is charged with a contravention of this bylaw can and will be prosecuted.

10. Bylaw 1-2009 is hereby repealed.

11. This Bylaw shall come into force and take effect on the date of passing thereof.

¬
Mayor

Administrator

Certified to be a true copy
of Bylaw 4-2012
Passed by resolution on
July 17, 2012

¬__________________________
Administrator

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