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Bylaw 499 - 21 Cemetery Bylaw
Village of Duchess
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Village of Duchess
In the Province of Alberta
Cemetery Bylaw 499-21
This bylaw replaces Bylaw 463-16
Being a bylaw of the Village of Duchess in the province of Alberta with respect to
management and control of the Duchess Cemetery.
Under authority of the Municipal Government Act providing for the passing of a
Bylaw by the Municipal Council for cemetery management.
Whereas, the Village of Duchess is the owner of the cemetery situated at S.W.1/4
Sec.33 N.W. ¼ Sec. 28, Twp. 20, Rge. 14, W.4M.
And whereas Council deems it necessary and expedient to have certain regulations
pertaining to the management and control of the cemetery.
Now therefore, the municipal Council of the Village of Duchess in the Province of
Alberta, hereby enacts as follows.
Title
This Bylaw will be cited as the "Village of Duchess Cemetery Bylaw".
Definitions
In this Bylaw, unless context otherwise requires, the word, term or expression:
1.
Burial Plot - a single grave plot 4 x 9 feet in size.
2.
Columbarium - a structure or building designed for the purpose of storing
the ashes of human remains that have been cremated.
3.
Council - the Council of the Village of Duchess.
4.
Internment - the excavation of the grave to the required size and depth.
5.
Monument - a structure of bronze, granite, or marble or other material
for memorial purposes, placed on any grave site.
6.
Niche - an individual unit in the Columbarium.
Supervision and Control
1.
The general administration of the cemetery shall at all times be under
supervision of the Council.
2.
The authorized representatives as appointed by the CAO of the Village of
Duchess shall be responsible for the selling of a burial plots in the cemetery and
keeping and making of all records required by the Cemeteries Act and as ordered
by Council.
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3.
The Village of Duchess will be responsible to collect all fees pertaining to
the opening and closing of each burial plot.
4.
Burial rights in the cemetery shall not be sold, transferred or disposed of in
any way by any person without the written consent of the Village of Duchess.
5.
Persons shall have the option of reserving a burial plot at the set rate at the
time of purchase upon paying the required fee.
6.
Burial rights in the cemetery may be sold only to the Village of Duchess for
the identical amount the purchaser paid for them, regardless of the date of the
original purchase.
7.
No person shall be buried in any plot unless he is the registered owner of
the burial rights in the said plot. Burial plots no longer needed, will be sold back
to the Village of Duchess at the original purchase price.
8.
No person or organization may purchase more than ten (10) graves without
Council's prior approval.
9.
The CAO is hereby authorized and empowered to recover unused graves in
accordance with the provisions of the Cemeteries Act.
10.
Internments will not be conducted on Sundays or Statutory Holidays
without the Village of Duchess' consent in writing.
11.
A maximum of two burials per plot shall be allowed in a burial plot
providing the first burial is of sufficient depth to allow for a second burial.
12.
In the case of disinterment, an amount of double the opening and closing
charge will be charged.
13.
The Village of Duchess will charge a nominal fee for plots and niches and
for the opening and closing of graves and niches. This will include the placement
of a temporary marker. A fee schedule will be attached and referred to as
Schedule A.
14.
A niche shall only be used for the storage (in an urn) of ashes of human
remains. Only immediate family members may use the same niche. A maximum
of two (2) urns may be placed in each niche.
15.
Inscriptions may be made only on the exterior granite of a niche.
16.
No burial shall be permitted in the Duchess Cemetery unless the Village of
Duchess is in receipt of a burial permit issued pursuant to the Vital Statistics Act,
R.S.S.1978 Chapter V-7.
17.
No burial or disinterment will be permitted unless proper notice has been
given, and the appropriate fees and charges have been paid.
Maintenance & Control
1.
No monuments, grave markers or structures of any kind whatsoever shall
be installed or placed in the said cemetery without being approved by the Village
of Duchess.
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2.
Only one monument will be allowed on each burial plot. One marker, flush
with the ground may be placed on each grave in addition to the monument.
3.
All monuments must be installed on a concrete base that must be at least
four inches wider than the widest portion of the monument and must be of
sufficient strength and depth to properly support the monument. The concrete base
must be installed flush with the ground.
4.
Lettered boards, enclosures or designs of any description designating
graves, other than the standard materials available, will not be allowed without
permission from Council.
5.
No shrubs, trees or flowers may be planted in any part of the cemetery
other than those planted by the cemetery caretakers or authorized representative.
6.
The Village Foreman shall have the authority to have removed from any
grave any weeds, grass, funeral designs or floral pieces which have become
wilted, or any articles or things which in his opinion are unsightly.
7.
No person shall erect upon a grave plot any cover, curbs, fences, railings,
walls, copings, trellises, hedges, trees, or shrubs. Where any of the same have
been previously erected on or around a grave plot, and have by reason of age or
neglect become unsightly or objectionable, the Village of Duchess Foreman or his
authorized representative, may cause the same to be removed, but in doing so, will
leave the area in a safe, proper and neat condition.
8.
If any trees, shrubs or the like situated in any plot become inconvenient in
any way, detrimental to the adjacent plots, dangerous, unsightly or objectionable,
the Village Foreman shall have the right to have the same removed, but in doing
so, will leave the area in a safe, proper and neat condition.
9.
Ownership of grave stones, grave markers and monuments belongs to the
estate of the deceased person(s).
10.
Maintenance, preservation, improvements and embellishments of grave
stones, grave markers and monuments is the sole responsibility of the estate of the
deceased person(s)
11.
The Village of Duchess shall not be liable for the loss of or damage to any
monument, marker or other object or planting located in the cemetery.
12.
The Village of Duchess reserves the right to permanently move or remove
any monument or marker from any grave.
13.
The Village of Duchess reserves the right to permanently move or remove
any monument or marker from any grave, for the purposes of performing
necessary maintenance and/or for opening graves.
14.
No advertising of any kind shall be permitted in the cemetery.
15.
No person shall engage in or carry on any game, sport or other activity, or
operate any motor vehicle, or bring an animal within the cemetery except in
accordance with the Cemetery Regulations.
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Village of Duchess
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Effective Date
This Bylaw shall come into full force and effect upon third and final
reading.
READ A FIRST TIME this 15th day of July 2021
READ A SECOND TIME this 15th day of July 2021
READ A THIRD TIME and finally passed this 15th day of July 2021
_________________________________
MAYOR
_________________________________
CHIEF ADMINISTRATIVE OFFICER
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Schedule A
Fees and Rates
The fees and rates shall be as follows:
Plot Prices
$400.00
Additional burial - casket - Arrangements must be made at the
placement of the initial burial.
$400.00
Weekday Opening & closing
$700.00
(includes temporary grave marker)
Weekend and Holidays - if staffing is available
$1000.00
(includes temporary grave marker)
Cremains (opening and closing for the burial of cremains) on an
existing burial plot. Weekdays
$200.00
Cremains (opening and closing for the burial of cremains) on an
existing burial plot. Weekends and Holidays
$300.00
Niche - Maximum of two urns
$950.00
Opening & closing a niche in a columbarium - weekdays $150.00
Opening & closing a niche in a columbarium
$250.00
Weekends and Holidays
Engraving of niche doors - contact information will be supplied to the
family of the deceased. Purchase of engraving will be the responsibility of
the family.
A standard design will be maintained and installation of the door will be
included with the purchase price of a niche.
All prices are subject to G.S.T.