CHAPTER 9

 

CEMETERY

ARTICLE I – GENERALLY

 

 

            9-1-1             LOT PRICES.  The sales price for single grave sites located in the Noble Cemetery is hereby determined and fixed at the sum of Two Hundred Dollars ($200.00).  (Ord. No. 2010-650; 06-14-10)

 

 

          9-1-2           APPROVAL OF LOT TRANSFER.  No lot or grave space within the the Noble Cemetery shall be sold or transferred from one owner to another without consent of the Village, by proper Resolution and then only after having been entered upon the Cemetery record books of the Village.

 

 

          9-1-3             REVENUE DEPOSITED WITH TREASURER.  All moneys received from the sale of spaces and lots, and the services of the Cemetery Committee shall be forthwith paid to the Village Clerk and by him, within ten (10) days after receiving the same, paid over to the Village Treasurer, for deposit to the credit of the Cemetery Fund of the Village.  All money so received and deposited shall be expended for cemetery purposes only.

 

 

          9-1-4             GRAVE APPEARANCE.  The Village desires to leave the improvement of lots as far as possible, to the taste of the owners; but, it reserves the right, given to it by law, to exclude or remove from any lot any monument or other structure, tree, plant or other object whatever, which may conflict with the regulations, or which it shall consider injurious to the general appearance of the grounds; but no trees growing within any lot should be removed or trimmed without the consent of the Cemetery Committee.

 

 

            9-1-5             APPROVAL OF PLANTINGS.  Lot owners may have planting or other work done on their lots at their expense, upon application to and approval by the Cemetery Committee.  No workman other than employees of the Cemetery, shall be admitted to the Cemetery, except for the purpose of setting stone work or upon approval of the Cemetery Committee.

 

 

            9-1-6             APPROVAL OF IRON OR WIRE WORK.  No iron or wire work and no seats or bases shall be allowed on lots except by permission of the Cemetery Committee, and when any article made of iron begins to rust the same shall be removed from the Cemetery.

 

 

            9-1-7             APPROVAL OF TREES AND SHRUBBERY.  The Village desires to encourage the planting of trees and shrubbery, but in order to protect the rights of all and to secure the best general results, it requires that such planting shall be done only in accordance with the directions of the Cemetery Committee.


            9-1-8             CORNER STONES ONLY.  No coping nor any kind of enclosure will be permitted upon any of the lots or part thereof.  The boundaries of lots may be marked by corner stones at the expense of the owner and with the approval of the Cemetery Committee.  Corner stones shall not project above the ground.

 

 

            9-1-9             LOT GRADES.  No lots shall be filled above the established grade and mounds of grades shall not exceed four (4) inches in height above the grade of the lot.

 

 

            9-1-10           RESTRICTED INTERMENTS.  All interments in lots shall be restricted to the members of the family or relatives of the lot owner.

 

 

            9-1-11           APPROVAL OF DISINTERMENT.  No disinterment shall be allowed without the consent of the Village, of the lot owner, and the next of kin of the deceased.

 

 

            9-1-12           MONUMENTS AND MARKERS.  All monuments and grave markers in Additions 2 and 3 should be constructed subject to approval of the Cemetery Committee and in  no case shall any monument or grave marker be permitted to extend above the surface of the lot or may any monument or grave marker exceed seven percent (7%) of the lot area.

          (A)               Small statues shall be permitted to be placed on the headstones in the new section of the Noble Cemetery provided they meet all of the following specifications:

(1)      Statues must be in good taste and meet with the approval of the Cemetery Committee;

(2)      Statues must be seated so that at no point are they closer than six (6) inches from any outside edge of the headstone;

(3)      Statues shall not be attached permanently to the headstone;

(4)      Statues shall not exceed a height of sixteen (16) inches from the surface of the headstone at any given point;

(5)      Base of the statue shall not exceed a total area greater than fifteen percent (15%) of the total area of the headstone; and

(6)      The Village will assume no responsibility for damage or theft of statues.  (Ord. No. 2000-586; 09-11-00)

 

 

          9-1-13           VAULT DEPTH.  All graves within which a vault is to be used shall be dug to a sufficient depth to enable the placing of the vault to a sufficient depth so that the top thereof shall be not less than two and one-half (2 ½) feet below the lot surface level.  The building or construction of vaults above the ground level is hereby prohibited.

 

 

            9-1-14           DISCARDED MATERIALS PROHIBITED.  Material for stone or marble work will not be allowed to remain in the Cemetery longer than shall be strictly necessary, and refuse or unused material must be removed as soon as the work is completed.  In case of neglect such removal will be made by the Cemetery Committee, at the expense of the lot owner and contractor, who shall be severally responsible.  No material of any kind will be received at the Cemetery after 12:00 P.M. on Saturdays.


            9-1-15           CEMETERY COMMITTEE – ENFORCEMENT.  The Cemetery Committee is hereby empowered to enforce all of the foregoing sections of this Code and is vested with full police power to arrest without warrant, any offender violating any provisions hereof, or disturbing the sanctity of the Cemetery or committing any depredation therein.

 

 

            9-1-16           REGULATIONS TO PURCHASER.  A copy of these regulations shall be given each and every lot or space purchaser at the time of lot or space sale.

 

 

            9-1-17           GRAVE OPENINGS.

          (A)               As used in this Section, the following words and phrases have the following meanings, unless the context clearly indicates a different meaning:

(1)      Cemetery – The Cemetery owned and managed by the Village of Noble, Richland County, Illinois, commonly referred to as Noble Cemetery and including any new land added thereto at any time in the future.

          (B)               In the opening of any grave for the purpose of a burial of a human body, the person opening such grave shall remove all excess dirt from around the burial site not used in the initial filling of such grave following the burial and such dirt shall be removed from the burial spot and disposed of at a spot at the Cemetery designated by the Mayor or the designated employee of the Village for that purpose.

          (C)               After the dirt used in the initial filling of any grave has completely settled, but in no event more than six (6) months after a grave has been opened for burial, the person who opened such grave or caused the same to be opened shall refill any depressions caused by the settling of the initial fill material, with dirt to be taken from disposal site for excess dirt at the Cemetery, and thereafter completely level the grave area to correspond to the contour of the adjoining ground.

          (D)               It shall be unlawful for any person to dispose of dirt or any other material removed from the ground in the opening of a grave except in the initial filling of such grave or at the disposal site designated by the Mayor or designated employee of the Village for that purpose, and it is further unlawful for any person to fail, neglect or refuse to refill any opened grave or fail, neglect or refuse to level the grave except as provided for in this Section.  (Ord. No. 84-455; 06-06-83)

 

 

            9-1-18           USE OF LOTS.  Internments in lots shall be restricted to members of the family or relatives of the lot owner.  Only one (1) person’s remains may be buried in each lot, regardless of whether the internment is a traditional burial (i.e. casket/vault) or a cremation urn.  (Ord. No. 2017-692; 06-12-17)

 

 

            9-1-19           ANIMAL BURIALS PROHIBITED.  It is unlawful to bury any animal or to dispose of the ashes of any animal in the Village cemetery.  It is the intent of the Village that only Homo Sapiens shall be buried in the Village cemetery.  (Ord. No. 2017-692; 06-12-17)

 

[Unless Otherwise Noted, Ord. No. 401; 05-22-72]


ARTICLE II – ORIGINAL CEMETERY

 

 

            9-2-1             REGULATIONS.  Sections 9-1-4 through 9-1-8 inclusive and Sections 9-1-11, 9-1-15 and 9-1-17 of Article I are hereby made applicable to and shall apply to the Cemetery and lots in the original cemetery of the Village and the First Addition thereto and by reference herein the sections of Article I are herein set forth.

 

 

            9-2-2             NONCOMPLYING STRUCTURES.  Should any lot in the original cemetery or First Addition to the original cemetery contain any structures or other improvements in violation of the provisions of this Article, and such improvements or structures are not removed or otherwise made in compliance with the terms of this Article, within thirty (30) days after the effective date of this Article, the Cemetery Committee and any person or persons authorized or empowered by the Mayor and Board of Trustees, are authorized to remove or otherwise abate the structures or improvements in violation of this Article.

 

(Ord. No. 94-532; 05-09-94)


ARTICLE III – CEMETERY TRUST FUND

 

 

            9-3-1             TRUST FUND ESTABLISHED.  There is established a Cemetery Trust Fund for the use and benefit of the Village Cemetery heretofore established by the Village of Noble, and now maintained by it, together with all additional grounds which may hereafter be purchased or otherwise acquired by the Village for Cemetery purposes.

 

 

            9-3-2             TREASURER AS TRUSTEE.  The Village Treasurer shall be Trustee and Treasurer of the Cemetery Trust Fund and shall have custody of all monies, funds, securities and other property, of whatever kind, real, personal or mixed, which may be hereafter placed in said Cemetery Trust Fund.  He shall keep an accurate account of all properties in his custody as such Trustee at all times, and shall collect and receive all income, of whatever kind and nature, therefrom accruing from time to time.

 

 

          9-3-3             RECEIPT OF DONATIONS.  The Trustee and Treasurer of the Cemetery Trust Fund is authorized to receive in trust, for cemetery purposes, from any person, firm or corporation, by bequest, gift or donation, any sum of money, or other property, of whatever kind or character, whether real, personal or mixed.  All monies, or other property, of whatever kind or nature, whether real, personal or mixed which may be given or bequeathed to the Cemetery Trust Fund, shall constitute the corpus of the Cemetery Trust Fund.  In the event that any real property is devised or donated to the Cemetery Trust Fund, the Trustee shall be authorized to sell and convey such real property by good or sufficient deed of conveyance, subject to the prior approval by the Mayor and Board of Trustees of the purchase price therefor.  Any monies realized from the sale of such real property shall become and be a part of the principal of the Cemetery Trust Fund.

 

 

            9-3-4             INVESTMENT OF FUNDS.  The Trustee of the Cemetery Trust Fund shall invest all monies received by him, as Trustee of the Cemetery Trust Fund, only in those classes of investments as are enumerated in the official Village Investment Policy in Chapter 1 of the Village Code, said Chapter 3 being commonly known as the Administration of Estates Act, subject to the proper approval of the Mayor and Board of Trustees.

 

 

            9-3-5             INVESTMENT INCOME TRANSFERRED TO CEMETERY GENERAL FUND.  The Trustee of the Cemetery Trust Fund, shall in no event reinvest any of the income received from the investment of the Trust Fund as hereinabove provided.  The income from the Cemetery Trust Fund shall be paid into the regular Village Cemetery Fund for use in maintaining, caring for, improving and beautifying the Village Cemetery, provided, however, that any donor, either by Will or gift, may, in his instrument of devise or gift provide that the income arising annually from the money or other funds given or donated by such person, or persons, shall be devoted and used, first, to the care of the particular lot or ground designated by such donor, or the graves, grass, trees or other ornaments thereon, and any surplus remaining thereafter shall be used generally for the Village Cemetery as the Mayor and Board of Trustees may designate.


            9-3-6             ANNUAL FINANCIAL REPORT.  The Trustee and Treasurer of the Cemetery Trust Fund shall prepare a detailed report directed to the Mayor and Board of Trustees of the Village at the end of each fiscal year.  Such report shall show the receipts, income, investments and expenditures of the Cemetery Trust Fund during the preceding fiscal year.  No salary, compensation or other remuneration shall be paid to the said Trustees or any officer or official of the Village in connection with the administration of the Cemetery Trust Fund.

 

 

            9-3-7             TRANSFER OF ASSETS TO TRUSTEE.  This Article shall take effect and be in force from and after the date of its passage, but, nevertheless, any and all monies, or other property, whether real or personal, which have heretofore been devised, conveyed or given to the Village, in trust for the maintenance of the Village Cemetery shall be transferred and conveyed to the Cemetery Trust Fund as herein established.

 

(Ord. No. 343; 03-05-59)