Jennifer Stevens

40101 Hanninen Road

Marengo, Wisconsin 54855

(608) 512.7627

Ordinance Number: 09212020

State of Wisconsin

Town of Marengo

Maple Grove Cemetery

Ashland County

TITLE AND PURPOSE

The title of this Ordinance is the "Town of MARENGO, WI Maple Grove Cemetery Ordinance." The purpose of this Ordinance is to regulate the construction, management, operation, and platting of cemeteries, the burial of human corpses, and other cemetery uses and activities in the town.

AUTHORITY

The Town Board of the Town of MARENGO has the specific authority under s. 157.50

ill, Wis. stats.

ADOPTION OF ORDINANCE

This ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present andvoting and proper notice having been given, provides for the regulation of the construction,management, operation, and platting of Maple Grove Cemetery and the burial of human corpses andother cemetery uses and activities in the town.

DEFINITIONS

In this ordinance:

A.  "Burial" means entombment, inurnment, or interment and "bury" means to entomb, ihum, or inter.

B.  "Cemetery" means any location for burial of human remains in the Maple Grove Cemetery.

C.  "Human remains" means the body of a deceased individual that is in any stage of decomposition orhas been cremated.

D.  Plot means a single "Gravesite" whether or not occupied by a grave. Measurement 5 foot by 10foot’

E.  "Outer Burial Container" means any container that is placed or intended to be placed into the burial excavation of a grave and into which a casket is placed or intended to be placed at the time of burial must meet current Wisconsin State Statue.

F.  "Sexton" means any person or committee designated to act administratively.

G.  "Town" means the Town of Marengo, Ashland, County, Wisconsin. 

H.  "Town Board" means the Board of Supervisors for the Town of Marengo, Ashland County,Wisconsin, and includes designees of the board authorized to act for the Board.

I.  "Town Cemetery" means a municipal cemetery owned, operated, and maintained by the Town of MARENGO, Ashland County, Wisconsin, under s. 157.50, Wis. stats., that is located within the town.

J.  "Town Chair" means the Chairperson of the Town of Marengo, Ashland County,

Wisconsin.

K.  "Town Clerk" means the Clerk of the Town of MARENGO, Ashland County, Wisconsin.

L.  "Town Treasurer" means the Treasurer of the Town of MARENGO, Ashland County, Wisconsin.

M.  "Wis. stats." means the Wisconsin Statutes, including successor provisions to cited statutes.

Every town cemetery is owned, operated, directly controlled, and maintained by the town for the benefit of all citizens. Persons of all denominations of all religions, sexes, creeds, and races, shall be allowed to be buried in the Maple Grove Town Cemeteryaccording to Wis. stats., and this ordinance.

PURCHASE OF LOTS IN TOWN CEMETERY 

Price of Plots

$60.00 for Marengo Township, Ashland County Residents. $600.00 for Non­ Residents. Full Burial: "Burial VaultRequired" Weekdays $400.00, Weekends

$500.00. Cremations: Weekdays $200.00, Weekends $300.00. Winter Burial Rate:

$4000.00

A.  Price of plots. The Town electors shall from time to time by motion assign a price on all lots to be sold for burials in the Town of MARENGO, Maple Grove Cemetery at Annual meeting.

B. Sales of plots. 1. Persons, or their authorized agents, desiring to purchase a plot in town cemetery for burial are referred to the Town Board, Town Clerk, or Sexton. Upon receipt of proper payment to the Town Treasurer, the Town Board and Town Clerk shall issue a cemetery plot deed to the plot in the form approved by the Town Board. The original deed from the town and the records of the cemetery kept by the Town Clerk or other designee of the Town Board are the only evidence of title toany plot. The deed shall be signed by the Town Clerk and Town Chair and notarized so as to entitle the purchaser to record the deed with the register of deeds for Ashland County Wisconsin if they choose to. When you purchase a cemetery plot, it does not expire, and it will always be yours. The cemetery retains ownership of the land, and you are purchasing the right to use theland only for a burial.

2. Persons conveying any cemetery plot in the town cemetery shall comply with s. 157.08, Wis. stats., and thisordinance.

OWNERSHlP RIGHTS OF BURIAL IN TOWN CEMETERY

A.  Ownership conditions.

1.  The owner of a town cemetery plot, or his or her authorized agent, shall have the right to use a plot or portion of a plot for burial purposes only in accordance with the terms of this ordinance or the town cemetery bylaws and regulations.

A copy of the deed shall be filed in the records of the town as evidence of ownership of the plot. Plots, for which deeds have been issued by the town may not be subdivided except by consent in writing of the Town Board.

2.  Any plot owner at the town cemetery acquires the plot solely for the purpose of burial of the owner at the time of theowner's death, and if the plot is owned jointly by spouses, either spouse is entitled to burial at that plot.

a.  The plot owner, and surviving spouse of the plot owner, has the first right to burial or to direct the right of burial.

b. When there is no surviving spouse, the devisee’s or heirs of the owner may, by agreement in writing of all the heirs ordevisees, determine who shall have the right of burial or direction for burial, which agreement shall be filed with the townclerk.

B.  Ownership Rights. All burial rights in the town cemetery plots located at the town cemetery and purchased from the townshall occupy the same position as real estate at the death of the owner. Only persons whose names appear on the cemetery records of the town will be recognized as owners or part owners of plots. It is recommended that plot owners, in making their wills, include a provision covering the town cemetery plots and devise the plots to one person.

C. Resale. Plot owners "May NOT" resell or transfer plots or parts of plots in the town cemetery except as follows:

1. Reconveyance or Transfers of plots or parts of plots may be made only upon written application filed with and approved bythe Town Clerk. The application shall be executed by the owner of the plots, or if the owner is deceased, by the legal heirs. The application shall state the Part, Block, Plot, and Lot number. Upon approval by the Town Clerk, the owner of the plot shallexecute a deed in the same form as an original deed from the town under so as to entitle the purchaser to record the deed with the Register of Deeds for ASHLAND County, Wisconsin if they choose to do so.

2. The Town Clerk shall enter in the record kept for that purpose, copies of all deeds of transfer and reconveyance ofcemetery plots.

3.  Reburial. Any reburial of any person buried in the town cemetery, shall comply with the provisions of s. 157.112, Wis. Stats. Any person seeking reburial shall seek approval from the appropriate cemetery authority. A county authorization for disinterment and reinterment shall be required prior to any reburial under s. 69.18(4), Wis. stats.

General Improvements. The Town Board shall direct and administer all improvements and maintenance within the cemeterybefore and after any burials. The Town Board shall be responsible for determining proper and decent care of the cemetery. All graves shall be mowed, when determined necessary by the Town Employees or the Sexton.  The grade of the cemetery plots shall be determined by the Town Board. The comers of all cemetery plots shall, when purchased, if possible, be permanentlymarked by the Sexton.

A.  Bylaws and Regulations. The Town Board may adopt bylaws and regulations for the management and care of the town cemetery and may enforce those bylaws and regulations under s. 157.11 (2). Wis. stats. The Town Board may require any person owning or controlling a cemetery plot to do anything necessary to comply with the bylaws or regulations

B.  Mounds Prohibited. No person may raise the level of the earth over any grave in the town cemetery above the generallevel of the cemetery plot.

C.  Limitations on Structures and Urns.

1. In this subsection "Urn" means a vessel for the display of flowers, or plants that are attached to a plot or is of such weight,as determined by the Town Board or Sexton, that it cannot be readily moved from its placement on the plot. "Um" does not include a vessel containing cremated human remains properly inumed on the plot.

2. No structures or enclosures of any kind are permitted on or around plots in the town cemetery. Wooden boxes, temporarycontainers, personal items, and other similar objects may not be placed on lots over 90 days without written approval of the Town Board, and if so placed may be removed by the Town Board without oral or written notice. Urns are permitted at the town cemetery on plots. Urns shall be removed by the town as they become unsightly or deteriorated.

3.  Artificial flowers and decorations will be removed by the authority of the Town Board by October 31st of each year.

D.  Landscaping. All landscaping, mowing, and general care of plots, and other work, construction or maintenance in thetown cemetery shall be performed by the Town or the Sexton. Unless otherwise provided in writing by the Town Board.

E.  Access to Plots; opening and closing of burial places. The town reserves the right to, when necessary for the performanceof normal town cemetery operations to enter upon or cross over any plot in the town cemetery in the performance of any duties or work necessary under this ordinance. The Town Board has the sole right to the opening and closing of burial places used or to be used for burial of human remains in the town cemetery, unless so ordered by a court of record to open or close suchplaces.

F.  No Assumption of Liability for Damages. The town, and its officers, employees,

contractors, and agents, including the Sexton and the Town Board, assume no liability for damages to property or person, or for physical or mental suffering arising out of the performance of its normal operations related to the construction, management,operation, maintenance, care, and platting of the town cemetery, including care of the cemetery, any plot, and the graves, or for loss by vandalism or other acts beyond its reasonable control of the town cemetery.

G.  Altering physical conditions. The Town Board reserves the right to alter, change, or

close roadways, walkways, and other physical public properties at the town cemetery.

A. Refreshments. Food and Alcoholic beverages, are prohibited within the town cemetery.

B.  Dogs and Other Animals. Dogs are permitted in the town cemetery only when

confined in a vehicle or on leash or if the dog is a service animal accompanying a person with a disability while in the town cemetery. All other pets or domestic animals are prohibited.

C.  Firearms. Firearms are prohibited in the town cemetery except in conjunction with

military funerals or specific memorial events permitted by the Town Board.

No visitor in the town cemetery may do any of the following:

1.  Pick or cut any vegetation without the written consent of the Town Board.

2.  Damage any grave or plot.

3.  Remove: Flower Pots, Urns, or other objects that have been placed on any cemetery plot, deface, mark, or damage in any manner any cemetery markers, headstones, monuments, fences, or structures.

4.  No person may loiter or cause a public nuisance or engage in any other recreational activity on the town cemeteryproperty.

5.  Vehicles-Snowmobiles, all-terrain vehicles, and any other recreational vehicles are prohibited on the town cemetery.

E.  Authorized Notices. No person may post any notice, sign, or advertising matter upon any structure, tree, or other natural object in the town cemetery, except with the written consent, or at the direction, of the Town Board.

A. Daylight burials. Burials at the town cemetery shall be made only during daylight hours, unless with written approval ofthe Town Board or the Sexton.

B. Outer Containers. All burials and re-interments, at the town cemetery, shall be made in a permanent outer burialcontainer not constructed of wood.

C. Grave Digging. All graves at the town cemetery to be used for burials shall be opened and dug at no cost or expenseto the town but shall be under the direction of the Town Board. The Town Board will charge the full cost for any grave digging and opening service provided by the town at the town cemetery.

D. Maintenance of flowers, wreaths, and other personal items at burial sites. There shall be no responsibility on the partof the town for the protection and maintenance of flowers, wreaths, plants, emblems, urns, family or personal items,memorials, or similar items.

E. Number of graves per plot. No plot at the town cemetery may be used for the burial of more than one body except inthe following circumstances:

1.  Two remains from cremation shall be allowed in one plot with one headstone or two flat markers to be placed only in linewith other stones.

2. One full body and one remains from cremation shall be allowed in one plot, with one

headstone or two flat markers to be placed only in line with other stones.

3.  All cremation remains shall be placed in a permanent outer burial container.

F. Seasonal burial; duty to bury. The Town Board shall provide for cemetery services and burials at the town cemetery during each season, including winter, whenever practicable, in compliance withs. 157.114, Wis.

A. Setting grave markers. 1. Grave markers, monuments, and foundations at the town cemetery may be set only after the person desiring to set the marker, monument, or foundation obtains permission from the office of the Town Board. Grave markers, monuments, and foundations at the town cemetery may be set by monument company employees or agents or other persons authorized by the plot owners. The Town Board will not construct monument or marker bases or erectmonuments or markers on bases.

2.  All markers and monuments must have a cement foundation. The construction of a foundation shall be of such size and design as will provide ample insurance against settlement or injury to the monument or marker as determined by the TownBoard. The

top of the foundation shall be constructed flush with the ground line. Whenever possible, all markers shall be set with, at minimum, a 5-inch margin from the outer edges of the foundation.

3. The setting of grave markers, monuments, and foundations, and the transportation of all tools and related materials, within the town cemetery is subject to the supervision and control of the Town Board. Unless special arrangements are made in writing with the town board such work shall be conducted between the hours of 1 hour after Sunrise and 1 hour before Sunset, Mondays through Fridays, except national holidays. Truck operation is not permitted within the town cemetery when, in the opinion of the town board the truck operation may cause damage to the driveways or other town cemetery property. Except with written permission of the town board, all work in the setting of grave markers, monuments, and foundations shall be completed promptly and debris removed immediately.

B.  Limitations. All of the following apply to monuments and markers in the town

cemetery:

1.  The Town Board may refuse permission to erect any monument, marker, or foundation not in keeping with the good appearance of the grounds at the town cemetery. The size of any monument or stonework must be provided to the Town Board and approved before any work related to any monument, marker, or foundation will be permitted on a plot in the towncemetery.

2.  Only one monument or marker shall be allowed per plot. Two remains from cremation shall be allowed in one plot with one headstone or two flat markers to be placed only in line with other stones.

3.  No foundation marker or monument may be larger than the width of the plot or group of plots purchased. All monuments and foundations must be set in line with other monuments so far as possible as directed by the Town Board. Government service monuments or markers shall be surface mounted or attached to the monument or marker. No monument or marker maybe more than 5 feet in height.

4.  A preneed marker may be placed on a plot or group of plots before burial.

5.  No materials other than granite, marble, or standard bronze may be used for outside and above-ground portions of anymarker or monument.

6. Removal of monuments. A marker or monument, once placed at the town cemetery on

its foundation, may not be removed, except by written permission of the Town Board.

A. Tree and shrub planting. The planting at the town cemetery of trees and shrubs on newly purchased plots or parts ofplots is prohibited.

B. Large Tree Removal Plot owners may with the written consent of the Town Board,

remove trees adjacent to cemetery plots in the town cemetery that hinder the full usage of the plot. The expense of the tree andstump removal shall be paid for by the plot owners.

C. Flower Beds. Individual flower beds or growing plants other than trees or shrubs are

permitted at the town cemetery but must be of a reasonable size as determined by the Town Board. In case of doubt, the Town Board should be consulted. Flower beds or growing plants that are not maintained, become unsightly or undesirable, or are notof a reasonable size as determined by the Town Board will be removed by the town board

A.  Sexton. The Town Boar by resolution, may designate a person as Sexton or may designate any other person or committee to act administratively and to manage care for the town cemetery pursuant to this ordinance. The Sexton may be a town employee or may, with proper insurance and indemnification protection for the town, its officers, employees, and agents, be an independent contractor or agent retained under written contract for a fixed time of years. The Town Board, consistent with this ordinance, shall designate the authority, responsibility, and duties to the Sexton by written resolution. The Town Board shall be responsible for proper supervision of the Sexton. The Sexton shall "NOT" make any decision without first consulting with the Town Board and "MUST" get any approval or Denial in writing.

B.  Amendment of ordinance. The Town Board reserves the right to amend this ordinance to conform to newly developed cemetery practices or any other legal purpose that the Town Board deems necessary and appropriate. Before this ordinance isamended, a public hearing shall be held on the proposed amendment before. the town board. Notice of the public hearingshall be posted at least 10 days prior to the meeting.

C.  Enforcement of Regulations and Ordinance. The Town Board may appoint, with citation issuance and service powers, any employee or agent of the town, including the Sexton, to administer and enforce its town cemetery bylaws and regulations and this ordinance.

This ordinance is effective on publication or posting.

The Town Clerk shall properly post or publish this ordinance, as required under s. 60.80,

Wis. Stats.

Adopted this 21st day of September 2020

Attest:

*Note: Section 154.30, Wis. stats., makes provision for persons who "may control final disposition, including the location, manner, and conditions of final disposition," and provides for a form to do so. Be aware that such a form could designate aburial location that is not under the control, under s. 157.10, Wis. stats., of the person making that designation, or his orheirs