Cemetery (Bylaw 3-92)

A bylaw of the Town of Rockglen to provide for the control and regulation of the Cemetery of the Town on Rockglen.

The Council of the Town of Rockglen, in the Province of Saskatchewan, enacts as follows:

This bylaw may be cited as the “Cemetery Bylaw.”

I. Definitions.

1. In this Bylaw, unless the context otherwise requires:

a) “Base” means a slab of granite, marble, stone or bronze laid on top of a monumental foundation.
b) “Block” means the division of land as shown by number on the plan.
c) “Cemetery” means Rockglen Cemetery.
d) “Plot” means the subdivision of land used for one grave.
e) “Marker” means a slate of bronze used for the purpose of marking graves.
f) “Monument” means any structure in the cemetery erected of constructed on any grave, lot or plot for memorial purposes.
g) “Council” means the Council of the Town of Rockglen.
h) Sexton” means the employee of the Town of Rockglen hired or appointed to take care of the cemetery.
I) “Perpetual care” means the improvement, care of, and beautification of the grounds at the cemetery, as well as the maintenance and repair of monuments where the family cannot be contacted or where the required repair is of an urgent nature.

II. Duties of the Sexton

1. a) All the powers granted to the Sexton by this Bylaw are subject tot he supervision and control of the Council.
b) It is the duty of the Sexton or other person appointed by the Council to keep in good order all driveways in the Cemetery and to cut and remove all weeds, grasses and such trees and shrubs or any part thereof which are, in their opinion, injurious or unsightly, to remove all inflammable materials, to see that all workmen employed under him faithfully perform their work, and to perform all other duties pertaining to this office as may be assigned from time to time.

III. Rights and Duties of Lot Owners

1. No person shall remove the sod from any portion of the lots in the cemetery.
2. Any person who damages any plot, monument, fence, building or other structure in the cemetery shall be personally responsible to the Town for such damage and shall be guilty of a breech of this Bylaw.
3. No grave or plot shall be defined by fence, railing, coping, hedge, or by any other marking save by a memorial or marker as provided for in this bylaw.
4. No trees, flowers, shrubs of similar plant growth shall be placed on any plot int e cemetery. Natural or artificial flowers shall be permitted in holders, vases or other unbreakable approved receptacles secured to the base of the monument.
5. No person shall place or maintain on any grave any incased design, stands, holders, vases or other objects made of glass.
6. Any floral arrangements left on a lot but not placed in a permanent receptacle secured tot he base of the monument must be securely attached to the monument of marker.
7. No trellises of arbors are allowed in the cemetery.
8. No watering cans or other vessels shall be left in the cemetery.
9. No trees, shrubs, plants, or flowers of any description shall be removed for the cemetery winless special permission of the Council is first obtained.
10. The Sexton shall remove form any plot any weeds and grass, funeral design or floral piece which has become wilted, or any other article or thing which is, in his opinion, unsightly.
11. All persons employed in the erection of monuments or in doing any work on the plots or graves in the cemetery is subject to the direction and control of the sexton or Council, and in the case of any such person or persons refusing to obey the orders or directions of the sexton or Council, the sexton has the power to remove or have removed such person or persons from the cemetery grounds.
12. The sexton, of anyone under his charge, has the power to remove from the cemetery grounds any person disturbing the quiet or good order of the cemetery by noisy or improper conduct or language, or any person violating any of the rules or regulations of this bylaw.
13. No person shall give money or other reward to any employee working in connection with the cemetery for their services or attention.
14. Any grave cover that becomes deteriorated must be replace with sod.

IV. Monuments and /or Memorials

1. Memorials and / or monuments are to be placed on graves in conformity with the provisions of the subsection.
2. All monuments and bases are to be of granite, marble, stone, or bronze, as approved by the monument builders code.
3. The owner of any plot shall have the right to erect suitable stones or monuments thereon, provided that such stones or monuments are placed on foundations a minimum of four (4) inches beyond edge of base on all sides. The specifications of the proposed stones and monuments, showing their estimated weight, and of the proposed foundations and bases are to be submitted to Council or to such person or persons as Council may appoint for this purpose. In all cases, written Council approval must be obtained prior to the commencement of any excavation work for the erection of such stones or monuments. Council reserves the right to have such foundations laid under direct supervision of the sexton or Council.
4. All bronze monuments and markers shall have a bronze base or marble base with a slope of not more that three (3) inches at the front to not more than six (6) inches at he back.
5. No monument in any section of the Cemetery shall be of a height, including base, greater than thirty-six (36) inches.
6. Permanent foot markers, posts of iron, stone or marble on the corners of plots, grave covers, or other markers other than those at the head of the grave shall not be installed.
7. Temporary markers are to be removed once a permanent monument has been erected.

V. Foundations

1. No person shall erect of place in the Cemetery any monument of any like structure, or make any alterations to any structure heretofore or hereafter erected until he has furnished the Town office with al information and description of such structure required by the Town, and obtained for the Town office a permit therefor. Every application for the Town office shall be in accordance with Form “A” attached hereto and forming part of this bylaw.
2. The sexton shall report to the owners and to the Council the condition of any monument out of repair. It is the duty of the family of the owner of such monument to repair same without delay to the satisfaction of the council.
3. In the erection of monuments the sexton shall in all cases designate the place where the material to be used for the erection of such monuments is to be stored during the course of the work. All workmen moving any heavy material over plots or paths shall move same on planks laid across the paths or plots so as to prevent damage to plots or paths. Any material left over is to be removed immediately by, of at the expense of, the owner.
4. Foundations shall be of:
a) concrete construction, poured on site, in which case the concrete shall be 3500 psi, at a thickness of 4 inches, placed on a 6 inch deep compacted sand ballast. The concrete is to be steel trowel finished and properly edged.
OR
b) reinforced fiberglass concrete pre poured pad, 4 inches thick, placed on a 6 inch deep compacted sand ballast.
5. All foundations shall be supervised by authorized Town personnel.

VI. Opening and Closing of Cemetery Plots

1. All surplus dirt, after opening and closing of a grave, must be removed immediately as directed bye the Council or sexton at eh expense of the owner.
2. Fees for opening and closing of Cemetery Plots shall be set by the excavator.

VII. Vehicles in Cemetery

1. No vehicle shall be driven through the cemetery grounds at a speed greater than twenty- five (25) kilometers per hour.
2. No vehicle other than a maintenance vehicle shall be driven over any part of the cemetery except on roadways.
3. No person shall ride a bicycle over the plots nor lean same against any stonework nor leave same on any plot for any period of time.
4. All vehicles attending funerals must conform to the direction of the Funeral Director.

VIII. General Conditions

1. No person shall play at a game or sport in the cemetery.
2. No person shall discharge firearms in the cemetery except at a military funeral.
3. No person shall willfully or unlawfully disturb persons assembled for the purpose of burying a body in the cemetery.
4. No person shall bring a dog within the limits of the cemetery.
5. No person shall destroy or deface a building of structure or road, walk, or other works in the cemetery.
6. No person shall injure or destroy any shrub or tree, or pick any flowers, growing in the cemetery.
7. No person shall dig open any grave or cause any grave to be opened in any place within the Town of Rockglen other than in the lands appropriated for the purpose of a cemetery.
8. A properly authorized Certificate of Registration of the death or, in the case of an inquest, a Coroner’s Order, must be delivered to the Town Administrator at the time of making the application for burial.
9. The cemetery will be open daily to the public.
10. All notices required to be given by this Bylaw to plot owners or other parties may be delivered either in writing or verbally by the Town Administrator or sexton.
11. No person shall remove or destroy or attempt to remove or destroy any body or remains placed in any grave, cremation plot.
12. Any person applying for an interment in the Cemetery shall furnish the Town Administrator such particulars as may be required for the purpose of records before such interments shall be allowed.
13. Before an interment takes place, twenty- four (24) hours notice must be given to the Town Administrator. No application or notice will be received on Saturday, Sunday, or on Statutory holidays except on production of a medical certificate stating that an early interment is necessary.
14. The Town or any official thereof shall not be responsible for any mistakes resulting from lack of precise or proper instruction regarding the grave space on a plot where an interment is made.
15. No grace for the burial of an adult shall be less than six (6) feet in depth form the surface of the ground surrounding the grave.
16. No interment of the body of an adult shall be permitted in the same grave where a body has been interred unless the last on is cremated..
17. The Town Administrator is the agent of the Town to sell and dispose of cemetery plots and payments thereof os to be made to said Administrator.
18. All sales of cemetery plots by the Town heretofore made, and in respect of which the purchase price has been received, are hereby ratified and confirmed. All plots heretofore or hereafter sold shall be held by the purchaser thereof subject to the terms of this Bylaw and of any and all bylaws hereafter made for the regulation of the cemetery.
19. The Town Administrator shall keep at the Town Office records of all sales of cemetery plots, the date of each sale, the description of each plot, the price paid, the name and address of the purchase, as well as a duplicate copy of the plan of subdivision which shall be open to view by any person during the regular business hours of the Town.
20. No person shall be allowed to light or ignite a fire at any time within the enclosure of the cemetery.

IX. Cemetery Plot Fees

1. All cemetery plots shall be sold according to the prices set by council. Payment is full must be made before graves are opened.

X. Penalties

1. Any person violating any of the sections or provisions of this Bylaw shall be liable, upon summary conviction, to a fine of not more than tow thousand dollars($2000.00), and shall also be liable to pay for all damages occasioned by his unlawful act.

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

A signed original of this by-law is available for viewing at the Town Office during normal office hours.