Chapter 12
Cemeteries*
__________
* State Law References: Cemeteries generally, G.S. 65-1 et seq.; authority to regulate cemeteries, G.S. 160A-341.
__________
Sec. 12-1. Penalty.
Sec. 12-2. Purchase of cemetery lots.
Sec. 12-3. Lot charges.
Sec. 12-4. Duties of director of public works.
Sec. 12-5. Digging of graves.
Sec. 12-6. Planting of trees, plants requires approval.
Sec. 12-7. Monuments, markers.
Sec. 12-8. Pruning, cutting of trees and shrubs.
Sec. 12-9. Work to be done by town only.
Sec. 12-10. Buildings prohibited.
Sec. 12-11. Reconveyance of lots.
Sec. 12-12. Prohibited acts.
Sec. 12-13. Vehicles regulated.
Sec. 12-14. Unlawful deposit of materials.
Sec. 12-15. All lots subject to chapter provisions; covenants.
Sec. 12-1. Penalty.
Violation of section 12-5 and section 12-7 shall subject the violator to a civil fine in the amount of $100.00 and liability for payment of all charges and expenses necessary to repair, replace or correct installations or work performed in violation of the provisions of this chapter.
(Ord. of 10-6-86, § 1)
Sec. 12-2. Purchase of cemetery lots.
All persons desiring to purchase a lot in the fourth addition of the cemetery of the town shall apply to the town clerk, who, upon payment of the fixed price for each lot, shall cause a deed or other instrument of receipt therefor to be given to the purchaser.
(Code 1981, § 4-3001)
Sec. 12-3. Lot charges.
The cost of lots in the cemetery of the town shall be as from time to time established by the town council. The schedule of such fees is on file and available in the town offices.
(Code 1981, § 4-3002)
Sec. 12-4. Duties of director of public works.
The town council shall appoint some suitable person as the director of public works, to serve as such at the will of the council. The director of public works shall have such powers and duties as shall be conferred upon him by this chapter, and any ordinance, resolution or order of the council at any time hereafter adopted or made. The director of public works shall have charge of the upkeep, protection and preservation of the cemetery; he shall supervise the digging of all graves; the interment and disinterment of bodies; the erection of monuments and markers; supervise the planting of any and all shrubbery, trees and flowers; and make provision for the entrance and exit of persons and vehicles to and from the cemetery; provided, however, the director of public works shall not contract any debt or expend any money without first having obtained the consent and approval of the council.
(Code 1981, § 4-3003)
Sec. 12-5. Digging of graves.
The digging or opening of any grave is prohibited without obtaining a permit from the town clerk. All graves shall be at least four feet in depth, and all graves shall be dug under the supervision of the director of public works.
(Code 1981, § 4-3004; Ord. of 10-6-86, § 1)
Sec. 12-6. Planting of trees, plants requires approval.
No person shall plant or set any tree, shrub, flower, grass, or other plant of any kind in the cemetery except with the approval of the director of public works.
(Code 1981, § 4-3005)
Sec. 12-7. Monuments, markers.
(a) The erection of any monument or marker in the town cemetery is prohibited without obtaining a permit from town hall.
(b) Either one central or family monument or two separate monuments will be permitted on each original lot (ten feet by 20 feet). If two separate monuments are used, a one-foot separation shall be required between the two monuments. Monuments are not to be constructed or placed any closer than one foot of the plot property lines of the original plot. No offset shall be allowed, in either direction, from the alignment established for monuments in the particular section of the cemetery in which the monument will be erected, constructed or installed.
(c) Markers shall be laid flush with the ground and shall not exceed two feet in length and one foot in width, and shall be placed at the end of the grave farthest from the monument.
(d) Monuments and markers shall be placed on a concrete/sakrete footing. Length, width and depth of footing shall be determined by the public works director on a case-by-case basis. Determining factors shall include, but are not limited to, size of monument and soil conditions.
(e) No coping, curb fencing, hedging, grave mounds, borders, bushes nor trees shall be allowed on any burial lot.
(Code 1981, § 4-3006; Ord. of 10-6-86; Ord. of 8-3-93)
Sec. 12-8. Pruning, cutting of trees and shrubs.
The pruning or cutting of all trees and shrubbery is hereby prohibited unless done under the immediate supervision of the director of public works.
(Code 1981, § 4-3007)
Sec. 12-9. Work to be done by town only.
All grading, landscaping and improvements of every kind shall be made or done only by the town.
(Code 1981, § 4-3008)
Sec. 12-10. Buildings prohibited.
No mausoleum, tomb, building or other structure of any kind shall be erected on any lot within the cemetery, or within any extension of the cemetery.
(Code 1981, § 4-3009)
Cross References: Buildings and building regulations, ch. 6.
Sec. 12-11. Reconveyance of lots.
No person who shall purchase any lot in the cemetery shall thereafter convey or lien the lot to any other person except upon the written permission of the town council, nor in any event for a greater consideration than that paid for the lot by the grantor.
(Code 1981, § 4-3010)
Sec. 12-12. Prohibited acts.
No person shall disturb the quiet, repose and good order of the cemetery, nor shall any person deface, remove, disturb, injure or destroy any tree, plant, or shrub therein except in the manner provided in this chapter. Trespassing within the cemetery is hereby prohibited, and no person shall commit any immoral act therein under penalty of law.
(Code 1981, § 4-3011)
Sec. 12-13. Vehicles regulated.
Vehicles shall be driven only upon the roadways within the cemetery and at a rate of speed not in excess of 15 miles per hour. No vehicle shall enter the cemetery except for the purpose of attending funerals, visiting graves or other lawful mission.
(Code 1981, § 4-3012)
Cross References: Streets and sidewalks, ch. 32; traffic and vehicles, ch. 34.
Sec. 12-14. Unlawful deposit of materials.
No person shall deposit any rubbish, filth, waste, or other unclean or unsightly substance in the cemetery, and all materials carried within the cemetery and not used in the erection of monuments, markers or other lawful structures authorized in this chapter shall be promptly removed therefrom by the owner of the lot upon which such monument, marker or structure shall be located.
(Code 1981, § 4-3013)
Cross References: Solid waste management, ch. 30.
Sec. 12-15. All lots subject to chapter provisions; covenants.
All lots within the cemetery of the town, and within any extension of the cemetery at any time hereafter made, whether owned by the town or by any other person, shall be subject to and regulated and controlled by the provisions of this chapter; and in all deeds of conveyance by the town to any person for any lot, the following provisions shall be included therein as a covenant running with the land; "This conveyance is made subject to an ordinance adopting rules and regulations for the control of the cemetery of the Town of La Grange and providing penalties in relation thereto duly of record in the minutes of the proceedings of the town council of the Town of La Grange, and the grantee herein, his heirs and assigns, agree that upon the breach of any of its provisions the title to the property shall revert to the Town of La Grange."
(Code 1981, § 4-3014)