DRAFT #1
CEMETERY ORDINANCE
CITY OF EASTPORT
Release Date Draft #1
Adopted Date
Revision Date
A TRUE COPY:
ATTEST:
HELEN ARCHER
CITY CLERK
FEES APPROVED: JUNE 23, 1997
NEW FEES APPROVED: JULY 22, 2010 by City Council
CEMETERY ORDINANCE
OF THE
CITY OF EASTPORT
TABLE OF CONTENTS
SECTION DESCRIPTION
1 OVERVIEW
2. ADMINISTRATION
3. CEMETERY LAYOUT
4. SALE & CARE OF LOTS
5. CEMETERY ACCESS
6. PROHIBITED CONDUCT
7. ADMENDMENTS
8.
9.
10.
APPENDIX
A CEMETERY COMMITTEE
B CEMETERY FEES
C TRUST FUNDS STATUTES
D CEMETERY BUDGET
E FINANCIAL STATUS
F BUSINESS PLAN
CEMETERY ORDINANCE OF THE CITY OF EASTPORT, MAINE
SECTION 1 – OVERVIEW
1.1 Purpose
1.1.1 This ordinance is for the purpose of regulating the operation and use of public cemeteries in
the City of Eastport and shall be known as the “Eastport Cemetery Ordinance”
1.1.2 The provisions of this ordinance shall apply to the cemeteries within the Eastport boundaries known as Hillside East, Hillside West and Bayside. The CityCouncil may extend its application to other public burial grounds or any additions to existing cemeteries and/or any other memorial locations.
1.1.3 Said cemeteries shall be used exclusively for the burial and memorializing of the dead.
1.2 Location
1.2.1 The Eastport Cemetery System is composed of three main areas:
1.2.1.1 Hillside East
1.2.1.2 Hillside West
1.2.1.3 Bayside
1.3 Accessibility
1.3.1 Access to the public cemeteries shall be limited to such reasonable hours as may
be set from time to time by rules and regulations. Generally, unless otherwise posted,
access into the cemeteries can be made daily from sunrise to sunset.
1.3.2 The Hillside cemeteries can be reached by proceeding North on High Street from Washington
Street or South on High Street from Clark Street.
1.3.3 The Bayside Cemetery can be reached from Clark Street.
1.3.4 The cemeteries are accessile by foot and on a limited basis by automobile.
1.3.5 The use of cemetery streets and roadways by vehicle shall be regulated and may be
completely prohibited in all or part of any public cemetery where conditions
of weather and ground may require such action for a reasonable period of time.
Such emergency action may be taken by the Supervisor with the approval of the
City Manager.
1.3.6 Where gates are provided, they shall be locked to bar public access at all other times.
SECTION 2 – ADMINISTRATION
2.1 City Council
2.1.1 The City Council is ultimately responsible for the administration, financing and operation
of the Eastport Cemeteries.
2.2 City Manager
2.2.1 The City Manager is charged with expending such sums of money as may, from time to time,
be necessary for the care, management and improvement of said cemeteries.
2.2.2 The City Manager shall have general supervision over all matters pertaining to the cemeteries
management.
2.3 Eastport Cemetery Committee
2.3.1 The Eastport Cemetery Committee has been established to enhance and preserve the
cemeteries of Eastport through the provision of a management support system that insures
the long term vitality of the cemetery
2.3.2 The Committee provides advice on expenditures of such sums of money as may be,
from time to time, necessary for the care, management and improvement of
the cemeteries, and all other matters pertaining to the management of the same.
2.3.3 The makeup of the Cemetery Committee and it’s By-laws shall be as defined in
Appendix “A” of this ordinance.
2.4 Supervisor
2.4.1 The Supervisor shall be appointed by the City Manager with the approval of the
City Council and the advice of the Cemetery Committee.
2.4.2 The Supervisor is under the direct supervision of the City Manager.
2.4.3 The Supervisor shall hold office until removal by the City Manager.
2.4.4 Shall supervise the digging of all graves, the burial of all bodies, the removal of
all bodies and the movement of all bodies from place to place.
2.4.5 Shall have the supervision and care of all cemeteries and receiving tombs, of all
work and workers, improvements and repairs therein and shall see that such regulations,
pertaining to the same, as shall from time to time be prescribed by the City Council,
are faithfully preserved and carried out
2.4.6 The Supervisor shall have the care and custody of all machines, tools and implements
used in the burial of the dead in the cemetery which may belong to the City and shall
keep the same, in suitable places and in good order and repair.
2.4.7 The Supervisor shall have the responsibility of accurately recording all internments
and shall further report all such data to the City Clerk.
2.5 City Clerk
2.5.1 The City Clerk shall maintain the permanent records relating to cemeteries and
all internment’s therein in the Clerk’s office.
2.5.2 The City Clerk shall maintain and preserve the Perpetual Care Agreement and
all permanent records pertaining thereto.
2.6 City Treasurer
2.6.1 All fees, charges and perpetual care deposits shall be paid to the City Treasurer for
appropriate disposition and the furnishing of official receipts to the persons making
such payments.
SECTION 3 – CEMETERY LAY-OUT
3.1 All extensions of said cemeteries shall be surveyed and laid out in lots, driveways
and paths, to conform as nearly as may be to the general plans of the said cemeteries
as they now exist.
3.1.2 No part of said cemetery or cemeteries shall be used for burial purposes until such
part shall have been surveyed and an accurate plan of the same made.
3.1.3 The lots shall be numbered consecutively, and the subdivisions of the lots shall be
marked by letters; each part into which a numbered lot is subdivided shall be known as a
single lot.
3.1.4 The plan of said cemeteries shall be marked so as to designate the person or family
to whom each is assigned, and the location of each grave in each lot shall be marked
and the name of each person interred written thereon.
3.1.5 Said plans shall be kept on file in the City Clerk’s office and tracings of said plans
shall be furnished to the Supervisor of Cemeteries.
3.1.6 A complete index of said plans shall be made showing the holder of each lot and
the location of the graves of each person interred.
3.1.7 The Supervisor of the Cemeteries shall annually, at the close of the municipal year,
mark on the plans in the City Clerk’s office, the lots assigned during the year and the
location of each interment made as recorded by the cemetery workers and enter in the
index to said plans.
3.1.8 All records of said cemeteries now in existence shall be filed with the City Clerk for
safe keeping.
3.1.9 Duplicate records, updated annually shall be maintained at the cemetery office
building and workshop.
SECTION 4 – SALE AND CARE OF LOTS
4.1 Sale
4.1.1 Lot fees to be charged shall be fixed by the City Council, on the advice of the
City Manager and Cemetery Committee, and may be changed from time to time as the
Council may determine
4.1.2 Fees associated with this ordinance will be maintained in Appendix “B”.
4.1.3 Persons who are residents of Eastport may purchase lots in any public cemetery in Eastport.
The sale of lots shall be subject to such rules and regulations as may be recommended by
the Cemetery Committee and adopted by the City Council.
4.1.4 Persons who are non-residents of Eastport may purchase lots in any public cemetery in
Eastport upon approval of the City Council on the advice of the City Manager and the
Cemetery Committee. The sale of lots shall be subject to availability, historical family
roots, and to such rules and regulations as may be recommended by the Cemetery
Committee and adopted by the City Council.
4.1.5 The payment of a fee for a cemetery lot shall not be construed as the sale and conveyance
of a fee title in the lot but rather shall grant to the purchaser a right of use of the lot for burial purposes, subject to such ordinances, rules and regulations as the City may have
previously adopted or may amend, adopt, approve and promulgate now and in the future.
4.1.6 The holder of such cemetery lots are subject to all rules and regulations that may,
from time to time, be adopted for the management and use of the cemetery.
4.1.7 Accurate records of all such sales shall be maintained by the Cemetery Supervisor and
files in the office of the City Clerk.
4.2 PERPETUAL CARE
4.2.1 Persons desiring to enter into a perpetual care agreement for lots owned by them shall
deposit with the City Treasurer a sum to be set by the City Council from time to time,
(Appendix “B”) on the advice of the City Manager and Cemetery Committee, which sum
shall be accepted in trust.
4.2.2 The income from said trust shall be expended from time to time for the care and improvement
of said lot forever.
4.2.3 Said sum as previously paid or as received thereafter shall be kept separate from all other
City funds and shall be known as the “Cemetery Perpetual Care Trust Fund”.
4.2.4 These funds, as pooled together shall be invested in a reasonably prudent manner,
subject to applicable Maine law, (Appendix “C”) and the net income annually expended
for the care and maintenance of perpetual care lots in accordance with the terms of this
Ordinance and Perpetual Care Agreement.
4.2.5 “Care” either perpetual or annual, shall include the cutting of grass upon the lot at
reasonable intervals, the raking and cleaning of the lot and such work as may be necessary
to keep the grave in neat condition, and for the care and maintenance of the cemetery,
but shall not include maintenance or repair of monuments, nor the planting of
flowers or shrubs upon any lot, not for repairs necessitated by any acts of
vandalism.
4.2.6 Any holder of a lot shall not enclose the same with a fence or curbing shall not plant
trees or shrubs and shall not in any manner encroach on the driveways and walks of
the cemetery.
4.3 The Cemetery Crew, shall, under the direction of the supervisor and the Cemetery Committee,
remove any trees, shrubs, plants or erections of any kind that interfere or encroach upon
any driveway or walkway or on any adjoining lot.
4.4 The City does not accept legal responsibility for the care, restoration and maintenance of
monuments, grave stones and markers of any kind. The City may, by appropriate rules and
regulations, require that all such monuments, grave stones and markers shall be installed
and maintained only on permanent masonry or concrete bases of adequate size.
4.5 All graves shall be dug and properly back filled by or under the supervision of the Supervisor.
No other person is permitted to perform such tasks except under the Supervisor or his/her
authorized representative.
SECTION 5 – CEMETERY ACCESS
5.1 Access to the public cemeteries shall be limited to such reasonable hours as may be
set from time to time by the rules and regulations.
5.2 Where gates are provided they shall be locked to bar public access at all other times.
5.3 The use of cemetery streets and roadways by vehicle shall be similarly regulated and may
be completely prohibited in all or part of any public cemetery where conditions of weather
and ground may require such action for a reasonable period of time. Such emergency
action may be taken by the Supervisor with the approval of the City Manager.
SCETION 6 – PROHIBITED CONDUCT
6.1 The following specified behavior and conduct by any persons is prohibited at all times
within any public cemetery of the City of Eastport.
6.1.1 No person shall consume any intoxicating liquor while on the cemetery property.
6.1.2 Disorderly conduct, including but not limited to, the creation of disturbances, the making
of loud noises, the use of obscene or profane language and the interference with or
annoyance of other persons who are present in said cemetery for funeral, committal or
memorial services, or for the purpose of visiting grave sites is forbidden.
6.1.3 No person shall hunt wild animals or birds within or from public cemeteries and no
person shall discharge firearms or air rifles or pistols while within such cemeteries
unless as permitted for memorial services and tributes.
6.1.4 During the hours of closing, persons having no lawful purpose to remain within the
limits of any public cemetery shall not remain there and shall leave immediately
upon request by a police officer or other duly authorized law enforcement officer.
6.1.5 No person shall willfully damage, injure, deface or carry away any fence, gate,
ornamental tree, shrub, marker, flag, flag holder, urn, vase or other improvement,
including also, improved and build-up grave-sites., and the materials used or to
be used for such improvements.
6.1.6 It is prohibited for any person to walk their dog(s) or allow their dog(s) to run loose
or at large in any part of the Eastport Cemeteries. It is prohibited to walk dog(s) on any
of the Cemetery lane(s) or any cemetery lots(s). Waling Dogs on the paved ways
known as High Street and Cemetery Road is allowed.
Any person violating this section of the Ordinance is subject to a fine of not more
than Fifty dollars. Amended 07/14/2009
APPENDIX “A”
CEMETERY COMMITTEE
A-1 Board of Directors
Chairperson Sheila Malloch
Vice Chairperson Mary Davis
Secretary Steven Collins
Historian Francis Raye
City Council
City Manager George “Bud” Finch
Budget Committee Mary Pottle
Member
Member Judy Ayers
Member Francis McLean
Alternates
Helen Earley
Dan Earley
Friends of Eastport Cemeteries
APPENDIX “B”
CEMETERY FEES
B-1 BURIAL LOTS
Single Lot $250.00
Double Lot $450.00
Triple Lot $650.00
Quad Lot $850.00
Family lot (5) $1,000.00
Larger Lots Negotiable
Cremation Lot $125.00
As of the effective date of this ordinance, burial lot fees include perpetual care.
50% of burial lot fees will be place into the “Cemetery Perpetual Care Trust Fund.”
Cremation lots are in a specified area of the cemetery and consist of 4 sq. ft. of ground which may only be marked with a small, City approved flat marker.
B-2 Perpetual Care
Single Lots $125.00
Double Lots $ 225.00
Triple Lots $325.00
Quad Lots $425.00
Family Lots $500.00
Larger Lots Negotiable
B-3 GRAVE OPENING RATES
Casket & Vault $200.00 April through November - Monday through Friday
$250.00 April through November – Saturday & Sunday
$500.00 December through March – (Subject to conditions)
Cremation $100.00 April through November – Monday through Friday
$125.00 April through November – Saturday & Sunday
$200.00 December through March – (Subject to conditions)
B-4 Tomb Interment $100.00 opening plus $25.00 per month.
___________________________________________________________________________________
REVISED APPENDIX "B" NEW FEES APPROVED: JULY 22, 2010 by City Council
B - 1 BURIAL LOTS
Type of lot Fee City Trust Fund
Single Lot $300 $150 $150
Double Lot $550 $275 $275
Triple Lot $750 $375 $375
Quad Lot $950 $475 $475
Family Lot (5) $1200 $600 $600
Larger Lots (Negotiable - subject to availability)
Cremation Lots $150 $75 $75
As of the effective date of this ordinance, burial lot fees include perpetual care.
Unpn sale of a burial lot, 50% of the burial lot fees will be placed into the "Cemetery Perpetual Care Trust Fund" in a timely matter. The remainder will be used to offest operating costs and capital needs of the Cemetery department.
Cremation Lots are in a specified area of the cemetery and consist of 9 sq. ft.of ground which may only be marked with a small, City approved flat marker.
B - 2 GRAVE OPENING RATES
Casket & Vault $300 April through November - Monday through Friday
$350 April through November - Saturday & Sunday
$500 December through March - (Subject to conditions)
Creamation $150 April through November - Monday through Friday
$175 April through November - Saturday & Sunday
$225 December through March - (Subject to Conditions)
APPENDIX “C”
CEMETERY TRUST FUNDS
Two types of cemetery trust funds are recognized by Maine Law. 13 MRSA § 1222 recognizes a fund accepted by a vote of the municipality to care for specific lots and/or the general ground and avenues of a private or family burial ground that has also been accepted, by a vote of the town. 13 MRSA § 1261 recognizes a fund created for the care of a
lot and/or its appurtenances in a public cemetery. The latter is created by depositing money with the municipal treasurer. No vote of the town is required in either case, the municipality is under a legal obligation to perform the specific duties or serviced outlined in the terms of the trust document. It does not have the authority to alter the performance specified by the terms of the trust. The income from a specific perpetual care fund or trust must be spent in the manner provided in the trust document or conveyance creating or establishing it. However, many of these bequests contain no specific terms or contain merely an agreement to provide the proper maintenance and upkeep of a particular plot. In such a case, the plot should be provided with whatever ordinary and usual maintenance can be paid for with the income earned from the trust fund. Any money raised and appropriated by the town for the general care of the cemetery should be
used for the maintenance of the common ground and structures such as roads, fences and boundaries rather than being used on individual plots. One exception to this rule is for the burial plots of veterans. It must also repair all graves, headstones, monuments or markers that designate the burial place of veterans. The municipality has a legal obligation to keep those plots in good condition. It must also repair all graves, headstones, monuments or markers that designate the burial place of a veteran. 13 MRSA § 1101.
In the absence of any specific direction in the instrument or bequest creating the trust, all trust funds should be handled pursuant to 30-A MRSA § 5653 as discussed earlier. That section allows a municipality to treat any two or more trust funds as a single fund solely for the purpose of investment. Section 5653 requires that any interest earned or capital gains realized be prorated among the various trust funds. Therefore, although all the funds may be combined into one account for investment purposes, there still must be a breakdown showing the interest
earned for each separate fund. If, as a consequence of this proration, an individual trust generates a higher income than other trusts, the plot that is served by that trust is entitled to receive services beyond the normal maintenance and upkeep provided for other lots even if the trust document itself does not specify that extra services should be provided. The extra money generated by a larger fund should not be used for the general cemetery maintenance unless the municipality receives the permission of a court to do so or unless the trust document specifies that such a use is permissible.
As with other trust funds, the treasurer’s accounting records should reflect the annual income to be prorated to each perpetual care trust. Such an accounting method makes it easier to determine which trusts may be entitled to further services and which obligations are adequately covered by normal maintenance.
APPENDIX “D”
CEMETERY BUDGET
The cemetery Budget Appendix updates annually upon approval of the Fiscal Year City Budget
the Eastport City Council.
# |
ACCT |
DISCRIPTION |
BUDGET FY97
|
1 |
6000 |
CEMETERY PAYROLL |
$14,560.00 |
2 |
6001 |
CEMETERY O/T &P/R |
0.00 |
3 |
6002 |
CEMETERY BENEFITS |
0.00 |
4 |
6005 |
EQUIP REPAIRS |
400.00 |
5 |
6010 |
EQUIP & SUPPLIES |
2500.00 |
6 |
6015 |
EQUIP & SUPPIES |
2500.00 |
7 |
6020 |
FUEL |
400.00 |
8 |
6025 |
WATER |
300.00 |
9 |
6030 |
TOMB REPAIRS |
0.00 |
10 |
6035 |
MISC/SURPLUS |
0.00 |
11 |
6040 |
EQUIP RENTAL |
1000.00 |
12 |
6041 |
RES EQUIP REPL |
0.00 |
|
|
TOTAL |
21,660.00 |
|
|
|
|
|
|
|
|
# |
ACCT |
DESCRIPTION |
BUDGET FY 97 |
1 |
|
SUPERVISOR – 1080 |
5,400.00 |
2 |
|
WORKER – 1 810 |
4,050.00 |
3 |
|
WORKER -2 – 910 |
0.00 |
5 |
|
OVERTIME/PARTTIME – 212 |
1,060.00 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
APPENDIX “E”
FINANCIAL DATA – FY97
E-1 ASSETS – 6/30/96
ACCOUNT |
BALANCE |
CLIP |
257.96 |
RESERVE |
1,580.20 |
PERPETUAL CARE |
125,000.00 |
CHECKING |
0.00 |
PLEDGES |
0.00 |
STOCKS & BONDS |
0.00 |
BUDGET |
21,660.00 |
|
|
TOTAL |
148,498.16 |
E-2 REVENUES – ANTICIPATED
E-3 EXPENSES - ANTICIPATED
APPENDIX “F”
STRATEGIC PLAN
F-1 VISION
F-2 GOALS
F-3 OPPORTUNITY:
The present provides us with the greatest opportunity in years to take control of the cemeteries destiny. We can layout a plan that will preserve the past and insure the future of these grounds by implementing a strategic business plan that can provide clear vision and necessary funding sources to meet the demands of the operation.
EASTPORT CEMETERY
AREAS OF INTEREST
HILLSIDE EAST
•
•
•
•
•
•
HILLSIDE WEST
•
•
•
•
•
•
BAYSIDE
•
•
•
•
•
•
TIME LINE – FIVE YEAR PLAN
WELL
NEW BUIDING
TOMB RESTORATION
NEW LOTS
HILLSIDE EAST
HILLSIDE WEST
MONUMENTS
REPAIR
CLEAN
LANDSCAPE
FACILITIES AREA
FLAG POLELAREA
HILLSIDE EAST
HILLSIDE WEST
BAYSIDE
REMOVAL OF TREES
HILLSIDE EAST
HILLSIDE WEST
REPAIR STONE WORK AT CAPEN AVE EXTENSION GATE
CLOSE THROUGH ROADS
EASTPORT CEMETERY NEEDS YOU – May 1996
The Eastport Cemetery needs your help. The cemetery has gone through a winter of great despair and will need the able bodies of the community if we are to keep it in a state of repair. As the cemetery has aged, time, winter and vandalism has taken its toll. It is now up to us to show that we care and to help bring the beauty and solitude of this resting place into its proper place in the community.
The City Council and the Cemetery Committee has declares Saturday and Sunday, May 4 & 5, 1996, as Cemetery Clean-up Weekend. It is hoped that many of the citizens of the community, young and old, will come forward with their rakes and shovels to help prepare the cemetery for Memorial Day. Crews will be needed to provide assistance in picking up everything from tree branches to flowers and flower containers as well as for raking, leveling and mowing. It is hoped that enough volunteers will show up to fix and clean up many of the old stones.
The preparation crews will meet at 8:30 with clean-up to begin at 9:00. Those interested in participating are urged to call City Hall at 853-2300 to give the Cemetery Committee an idea of how many people are willing to help in this very important civic function.
A cemetery can be used as a measurement of the pride of a community, lets regenerate out pride in Eastport by making this clean-up weekend a huge success. Come as an individual or come as a group, come to work or just to provide moral support. Come and share the history of Eastport, whatever the reason, please come. Coffee, soft drinks and donuts will be served.
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