TOWN OF PINE HAVEN ORDINANCE #4, 2021

TOWN OF PINE HAVEN

ORDINANCE #4, 2021

AN ORDINANCE AMENDING CHAPTER 10 CEMETERY IN ITS ENTIRETY, TO THE CODE OF THE TOWN OF PINE HAVEN, WYOMING.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF PINE HAVEN, CROOK COUNTY, WYOMING, IN REGULAR SESSION DULY ASSEMBLED THAT:

ARTICLE I. IN GENERAL

Sec. 10-1. General.

(a) Nothing in this Code or the Ordinance adopting this Code creates or eliminates any preexisting nonconforming uses, including owning more than the allowed number of Plots and Lots.

(b)The W1/2N1/2SW1/4SE1/4 SECTION 5, T.50N., R.66W. OF THE SIXTH P.M., CROOK COUNTY, WYO. shall hereby be known as The Pine Haven Cemetery and shall be designated as the municipal Cemetery for the Town of Pine Haven.

State Law references - Municipal cemeteries, W.S. 1977, § 35-8-201 et seq. Power to regulate cemeteries, W.S. 1977, § 15-1-103(a)(xi); cemeteries and Burials generally, W.S. 1977, § 35-8-101 et seq.; municipal cemeteries, W.S. 1977, § 35-8-201 et seq.

(Code 2004, ch. 1, art. III, # 1, § I)

Sec. 10-2. Definitions.

Interment/Full Burial. The Burial of a corpse in a grave or tomb, typically with funeral rites.

Inurnment. The placing or Burial of cremated remains in an urn.

Lot. A grave site comprised of 4 Plots.

Plot. A grave site 16 foot long x 4 foot wide x 6 foot deep.

Sexton (and/or his designee). A person appointed by the Town Council and charged with the maintenance and care of a Cemetery. If no Sexton is appointed by the Town Council, all references to the “Sexton” herein shall mean the Town Council.

Secs. 10-3 through 10-19. Reserved.

ARTICLE II. - MUNICIPAL CEMETERY

Sec. 10-20. Sexton; Appointment; Term; Salary.

(a) The Town Council shall administer the Cemetery or may appoint a Sexton to do so for them and may determine that Sexton's compensation and responsibilities. The Sexton may be an employee of the Town who may hold this position in addition to his other responsibilities or may be a volunteer to the Town. The Town Council may also establish a Cemetery Board to oversee the functioning and funding of the Cemetery. The Town Council may establish and appoint the Board by resolution and set forth the duties of the Board as well as the number of its members and the length of their appointments.

(b) The Sexton of The Pine Haven Cemetery shall be responsible for the management and operation of The Pine Haven Cemetery. The Town Clerk shall keep a book in which he shall maintain a full, true and correct record and plat of The Pine Haven Cemetery and the Burial Lots therein, showing the disposition of such Lots for Burial purposes and the Interments and/or Inurnments made in each Lot, with the name, age, sex and residence at the time of death of the deceased interred and/or inurned therein.

(Code 2004, ch. 1, art. III, # 1, §§ II, III)

Sec. 10-22. Bond.

The Sexton of The Pine Haven Cemetery shall, perform the duties required by law, this Code and other ordinances and regulations of the Town of Pine Haven pertaining to his office, safely keep the property related to The Pine Haven Cemetery which shall come into his hands by virtue of the office and shall deliver to his successor in office or to any person authorized by law, this Code or other ordinance of the Town of Pine Haven to receive the same, all books, papers, property and other things pertaining or belonging to the office.

(Code 2004, ch. 1, art. III, # 1, § V)

Sec. 10-23. Reports.

The Sexton of The Pine Haven Cemetery shall, two times a year, tender a full, true, correct and accurate report to the Town of Pine Haven of all graves opened and closed since the last report. (Code 2004, ch. 1, art. III, # 1, § VI) .

Sec. 10-24. Application for Interment and/or Inurnment/ Burial.

Any person desiring to inter or inurn the dead body or cremated remains of a human being in the Pine Haven Cemetery shall make application to the Sexton. When application is made to the Sexton for such permission, the Sexton shall grant such permission when provided with a Burial permit from the county health officer or other person authorized by law to issue the same. A permit from the Department of Health shall accompany the remains or cremains to the Burial destination.

(Code 2004, ch. 1, art. III, # 1, § VII)

Sec. 10-25. Purchase of Burial Lots; Applications; Deeds; Prices; Size.

(a) Any person desiring to purchase a Plot or Lot in the Pine Haven Cemetery shall make application to the Town of Pine Haven who shall, upon payment to the Town for the price of the Plot or Lot, issue a receipt for such payment and prepare a quitclaim deed, which shall be submitted to the administrative official or his designated representative for approval, after which, such deed shall be signed by the Mayor and attested by the Clerk of the Town of Pine Haven under the seal of the Town. Such deed shall specify that the person to whom it is issued is the owner of the Plot or Lot described therein. The Town Council may limit the number of such Plots or Lots, which shall be owned by any one person at the same time.

(b) The size and layout of each Plot shall be as follows:

Cemetery Plot

Plot size 16 ft long X 4 ft Wide X 6 ft Deep

Headstone Area Grave Area Walk Way Area

3 ft long x 4 ft wide x 6 ft deep Top coverage 8 ft long x 4 ft wide x 1 ft deep 5 ft long x 4 ft wide x 6 ft deep

Actual Grace Area 8 ft x 4 ft wide x 4 ft deep

Base 8 ft long x 4 ft wide x 1 ft deep

(Code 2004, ch. 1, art. III, # 1, § VIII)

Sec. 10-27. Perpetual care.

All Lots sold in the Pine Haven Cemetery shall be sold with perpetual care included in the purchase price. Perpetual care may be provided at least in part by donations on a yearly basis as requested by the Cemetery Board and shall be received and accounted for by the Clerk of the Town of Pine Haven.

(Code 2004, ch. 1, art. III, # 1, § XI

Sec. 10-29. Accounts; Investment of Funds.

The Clerk of the Town of Pine Haven shall be the custodian of all funds donated to the Pine Haven Cemetery perpetual care account and shall receive such money for perpetual care under the provisions of this article. Funds so received shall be kept separate and apart by designation in the general fund of the Town of Pine Haven. The Clerk of the Town of Pine Haven shall invest funds so received as permitted by state law.

(Code 2004, ch. 1, art. III, # 1, § XIII)

State Law reference— Investment of public funds, W.S. 1977, § 9-4-831.

Sec. 10-30. Purchase Prices; Purchase Restrictions.

The Town Council shall determine the price of all Plots and Lots in the Pine Haven Cemetery annually by resolution. The Town Council may limit the number of caskets and urns placed on any Plot or Lot.

(Code 2004, ch. 1, art. III, # 1, § XIV

Sec. 10-31. Grave openings.

The Town of Pine Haven shall collect fees for any grave openings, as determined by the Town Council by annual resolution. All grave openings in the Pine Haven Cemetery shall be performed by, or for, the Town of Pine Haven under the supervision of the Sexton and by a licensed contractor authorized by the Town. The Sexton shall mark or supervise the marking of the grave to be opened.

(Code 2004, ch. 1, art. III, # 1, § XV

Sec. 10-32. Foundations for markers and monuments.

The Plot owner shall provide foundations for grave markers and monuments. All work shall be done by, or for, the Plot owner under the supervision of the Sexton of The Pine Haven Cemetery and shall be paid for by the owner of the Burial Plot on which the work is performed.

(Code 2004, ch. 1, art. III, # 1, § XVI

Sec. 10-33. Foundation Specifications.

(a) The Plot owner shall provide foundations for grave markers and monuments of good grade cement with a minimum of five inches depth and a maximum of eight inches depth.

(b) Monument bases shall be flush with the ground level and shall extend at least four inches beyond the stone at all points on the perimeter of the stone.

(c) The three (3) foot westside area of the Plot shall be reserved for the headstone placement. The headstone shall face east.

(d) The five (5) foot eastside area of the Plot shall be reserved as a walkway

(e) Maximum height of any Lot or Plot structure ie: mausoleum, grave markers, statues, etc., shall be five (5) feet.

(Code 2004, ch. 1, art. III, # 1, § XVII

Sec. 10-34. Delivery of Monuments; General.

All markers and monuments for which foundations are to be laid by the Plot owner shall be placed on the site by the company delivering the marker or monument in a manner prescribed by the Sexton of the Pine Haven Cemetery.

(Code 2004, ch. 1, art. III, # 1, § XVIII)

Sec. 10-35. - Rules and Regulations for Use.

The following rules shall apply to the use of the Pine Haven Cemetery:

(a) No curbs or fences shall be constructed without the approval of the Cemetery Board or Town Council.

(b) No shrubs, trees or plants shall be placed on any Plot. The Pine Haven Cemetery Board may provide locations which may be used for planting of shrubs, trees or plants. All planting shall be done only after approval of the location by the Cemetery Board.

(c) Cut flowers, potted plants, wreaths and blankets shall not be allowed to remain on grave lawns longer than three days. Unless removed by the owner within that time, the Sexton shall remove all such items. Owners shall be responsible for their own vases or containers. Flowers, plants or wreaths may be left indefinitely on Plots or Lots if placed upon a permanent and substantial foundation or base which shall be flush with ground level and extend at least four inches beyond the flowers, plants or wreaths in place on such foundation or base.

(d) No person shall ride or drive any motorized or non-motorized mode of transportation within the Pine Haven Cemetery, other than on the platted driveways.

(e) No person shall deface, injure or destroy any monument, tomb, grave or gravestone or any board or other object set to mark any grave, nor break, injure or destroy any gate, fence, Plot, shrub, tree or ornament of any kind within The Pine Haven Cemetery.

(f) Vaults are recommended but not required.

(g) The maximum number of Lots that may be owned by any person(s) shall be two (2) and the maximum number of Plots that may be owned by any person(s) shall be eight (8). Lots and Plots may not be purchased for the sole purpose of reselling.

(h) Each Plot is allowed a maximum of one (1) casket plus two (2) urns or a maximum of four (4) urns and no caskets.

(Code 2004, ch. 1, art. III, # 1, § XIX)

Passed, approved and adopted on this 8th Day of June, 2021

TOWN OF PINE HAVEN: ATTEST:

By: John Cook, Mayor Barbara Hardy, Town Clerk

Certificate of Posting

I, Barb Hardy, as Town Clerk for the Town of Pine Haven, hereby certify that Ordinance 4, 2021, was posted on, June 4, 2021

Barbara Hardy, Town Clerk

Certificate of Publishing

I, Barbara Hardy, as Town Clerk for the Town of Pine Haven, hereby certify that Ordinance 4, 2021, was published in the Moorcroft Leader on June 17, 2021

1st Reading: April 13, 2021

2nd Reading: May 11, 2021

3rd and Final Reading: June 8, 2021

Publish: June 17, 2021