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BY-LAW 2012-178
A by-law to establish rules and regulations for
City of Markham Cemeteries
WHEREAS on July 1, 2012 the Cemeteries Act, R.S.O. 1990, c.4 was
repealed and replaced by the Funeral, Burial and Cremation Services Act, 2002
S.O. 2002, c.33;
AND WHEREAS subsection 53(7) of the Funeral, Burial and Cremation
Services Act, 2002 S.O. 2002, c.33 (the "Act"), and section 85 of Ontario
Regulation 30/11 under the Act, authorizes The Corporation of the City of
Markham to act as the trustee for care and maintenance money, fund or
account for cemeteries;
AND WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, confers the power to a municipality to pass by-laws with respect to
services and things that the municipality is authorized to provide;
AND WHEREAS it is necessary to update the rules and regulations for City of
Markham Cemeteries to be compliant with the Act;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY
OF MARKHAM HEREBY ENACTS AS FOLLOWS:
1.
Short Title
1.1 This By-law may be called the "Markham Cemetery By-law."
1.2 Schedule "A" shall form part of this By-law.
2.
Definitions
2.1 In this By-law:
"Act" means the Funeral, Burial and Cremation Services Act, 2002, S.O.
2002, Chapter 33, as amended, and the Regulations thereto.
"Adult Lot" means a Lot the size of which is sufficient for the Interment of a
casket as designated on the cemetery Plan.
"Board" means the Markham Cemetery Board, an advisory board appointed
by Council to provide strategic and planning-oriented advice and public input
into the operation of Cemeteries, as required.
"By-law" means this By-law being the rules and regulations under
which the Cemeteries operate.
"Care and Maintenance Fund" means the trust fund established pursuant to
the Act and Regulations thereto for the purpose of providing money for the
care and maintenance of Markham Cemeteries.
"Cemetery" means each cemetery operated by the City of Markham as set
out in Schedule "A".
"Certificate of Interment Rights" means the certificate issued by the City to
the purchaser of Interment Rights, once Interment Rights have been paid in
By-law 2012-178
Page 2
full, which specifies the ownership of the interment rights and any
memorialization options.
"City" means The Corporation of the City of Markham.
"Clerk" means the City Clerk or his/her successor or designate.
"Contractor" means the person(s) appointed by the Clerk to administer the
Cemeteries, and sell Interment Rights.
"Cremation Lot" means a Lot the size of which is sufficient for the
Interment of only one or two urns containing cremated remains, as designated
on the cemetery Plan.
"Designated Holiday" means a day recognized by the City to be observed as
a holiday.
"Interment Rights" means the right to require or direct the interment of
human remains in a Lot.
"Interment Rights Holder" means a person with the Interment Rights with
respect to a Lot.
"Lot" means an area of land in a cemetery containing, or set aside to contain
human remains, including cremated human remains, and includes a tomb,
crypt or compartment in a mausoleum, columbarium or niche wall.
"Marker" means any memorial, upright marker, tombstone, pillow marker,
flat marker, plaque, headstone, cornerstone, or any other structure or
ornament affixed to or intended to be affixed to a Lot.
"Plan" means the geographic plans of each Cemetery, approved by the
Registrar.
"Plot" means two or more Lots in respect of which the rights to inter have
been sold as a unit.
"Price List" means the tariff of rates for cemetery services and supplies
maintained in accordance with the Act.
"Registrar" means the Registrar appointed under the Act.
"Repurchase Price" means the price set out in the Price List applicable at the
time of repurchase less the amount paid by the Interment Rights Holder into
the Care and Maintenance Fund, or the predecessor of such fund, in respect
of Interment Rights, all in accordance with the Act.
"Third Party Purchaser" means any person who purchases Interment Rights
upon resale, in accordance with the provisions of this By-law and the Act.
"Transfer" means to make a gift, bequest or other transfer of Interment
Rights without consideration as may be permitted under the Act.
3.
General Information
3.1
ADMINISTRATION: The business and affairs of the Cemeteries shall be
managed and supervised by the City as represented by the Clerk, and the
Clerk shall have authority to appoint one or more Contractors.
By-law 2012-178
Page 3
3.2
MARKHAM CEMETERY BOARD: The Board shall provide the City with
strategic and planning-oriented advice for all Cemeteries in accordance with
the Boards Terms of Reference as established by Council.
3.3
CEMETERY OWNERSHIP: All cemeteries are owned by the City. The
purchaser of Interment Rights, in respect of any Lot or Plot, purchases only
the right to inter human remains in a Lot subject to the various by-laws
governing the cemetery and according to applicable statutes of the
Government of Ontario. The ownership of the land remains with the City.
3.4
LIABILITY FOR LOSS OR DAMAGE:
(a)
The City assumes no liability or responsibility for the loss of, or
damage to, any Lot, Marker, shrubs or article that may be placed on a
lot or plot save and except as noted below.
(b)
The City only assumes liability if, during the course of performing
routine cemetery operations, the City or its employees or contractors
should cause damage to any Lot or Marker.
(c)
The City is not responsible for loss or damage from any causes
beyond its reasonable control, whether the damage or loss be direct
or collateral.
(d)
Any articles of remembrance placed on lots are the sole
responsibility of the Interment Rights Holder(s). The City is not
responsible for the loss of or damage to any articles placed within a
cemetery.
3.5
BY-LAW CHANGES: The City may, from time to time, change the by-
Laws in order to best serve the interests of its Cemeteries and the Interment
Rights Holders. All changes to the by-Laws are subject to the approval of
Council and the Registrar.
3.6
BY-LAW ADHERENCE: All by-laws governing the cemeteries shall be
strictly adhered to. Where there is any doubt as to the interpretation of this
by-law or the Plan, the Clerk shall provide the necessary clarification. In
the application and administration of this By-law, all procedures will be
conducted in accordance with Provincial regulatory statutes and
requirements.
3.7
CARE & MAINTENANCE FUND CONTRIBUTION: The cemeteries are
maintained through the use of the Care and Maintenance Fund, and all Lots
now sold by the City are covered by this plan and purchasers are required to
contribute to this fund in accordance with the Act. Interment Rights
Holders of Lots acquired prior to the introduction of the Care and
Maintenance Fund in 1955 shall be required to contribute to this fund in
accordance with the Care and Maintenance Price List, however the Lots in
which interments took place prior to the introduction of the Care and
Maintenance Fund in 1955 shall be maintained regardless of whether such
payment is made.
3.8
RIGHT TO RESURVEY: The City expressly reserves the following rights
and privileges to be exercised from time-to-time in accordance with any
governing Provincial legislation in effect at the time:
(a)
To resurvey, enlarge, construct a building or structure, alter and/or
diminish all or any portion of the Cemetery
(b)
To lay out, establish, close, eliminate, or otherwise modify or change
the location of roads, walks or drives
(c)
To create or remove easements and rights of way over and through
all of the cemetery premises for the purpose of installing,
maintaining, or operating utility or communication lines, drains,
irrigation systems, or for any other cemetery purpose provided that
no interments or sale of Interment Rights have taken place in these
By-law 2012-178
Page 4
areas.
3.9
CEMETERY RESTRICTIONS: No person shall:
(a)
inter or place or scatter remains in a Lot;
(b)
disinter human remains;
(c)
install or direct the installation of any marker;
(d)
place decorations; or
(e)
landscape any area,
within a cemetery except in accordance with the provisions of this By-law.
4.
Sale and Transfer of Interment Rights
4.1
PURCHASE OF INTERMENT RIGHTS: Interment Rights may be
purchased from the City at the price set out in the Price List applicable at the
time of purchase.
4.2
CARE AND MAINTENANCE AMOUNT: Interment Rights sold shall be
covered by a rate of care and maintenance set forth in the Price List
applicable at the time of purchase.
4.3
CERTIFICATE OF INTERMENT RIGHTS: Each purchaser of Interment
Rights shall be entitled to a Certificate of Interment Rights and signed
contract for the purchase of Interment Rights. The Certificate of Interment
Rights shall only be provided to the Interment Rights Holder when all
indebtedness has been satisfied and all charges on the ot or lots have been
paid.
4.4
SALES HOURS: The initial sale of Interment Rights will take place at an
hour and place mutually agreed upon by the purchaser and Contractor.
4.5
RESALE OF INTERMENT RIGHTS:
(a)
If any portion of the Interment Rights has been exercised, the
purchaser(s), or the Interment Rights Holder(s) are not entitled to re-
sell the Interment Rights.
(b)
An Interment Rights Holder intending to sell their Interment Rights
to a Third Party Purchaser must first allow the City to repurchase the
Interment Rights at the Repurchase Price.
(c)
Only in the event that the City, in its sole discretion, has decided not
to repurchase the rights, may the Interment Rights Holder then sell
the rights to a Third Party Purchaser.
(d)
No person shall purchase Interment Rights for the sole or primary
purpose of reselling the rights with a view to making a financial gain.
(e)
The Interment Rights Holder may not sell rights to a Third Party
Purchaser for more than the price set out in the then current Price
List.
(f)
No sale of Interment Rights to a Third Party Purchaser shall be
binding upon the City until a Transfer Form, authorized by the Clerk,
accompanied by the original Certificate of Interment Rights and
payment of a Transfer Fee, in accordance with the current Price List,
has been received by the City or Contractor. Upon receipt of the
required documentation and payment the City shall amend its records and
issue a new Certificate of Interment Rights. The original Certificate of
Interment Rights cannot be transferred but must be returned to the
Contractor.
By-law 2012-178
Page 5
4.6
TRANSFER OF INTERMENT RIGHTS: Interment Rights Holder may
Transfer Interment Rights; however, no such Transfer of Interment Rights
shall be binding upon the City until:
(a)
notice in writing has been given to the Contractor specifying the
name, address or other description of the proposed transferee and
date of transfer;
(b)
evidence satisfactory to the City of the ownership and transfer of
Interment Rights has been filed with the City; and
(c)
payment of a transfer fee has been made in accordance with the Price
List at the time of transfer;
Upon receipt of the required documentation and payment the City shall
amend its records and issue a new Certificate of Interment Rights. The
original Certificate of Interment Rights cannot be transferred but must be
returned to the Contractor.
4.7
EXCHANGE OF INTERMENT RIGHTS: If the Interment Rights
Holder(s) wishes to exchange their Interment Rights within any Cemetery,
the Interment Rights Holder(s) must make a request to the Contractor in
writing, which the Clerk may grant or deny. Where there is more than one
Interment Rights Holder, the consent of all Interment Rights Holders shall
be required. Any exchange of Interment Rights shall be subject to payment
of the Transfer Fee in accordance with the Price List applicable at the time
of exchange.
5.
Interments
5.1
AUTHORIZATION IN WRITING: All interments must be authorized in
writing by the Interment Rights Holder except the interment of the
Interment Rights Holder.
5.2
INTERMENT HOURS: Interments will be carried out between the hours of
9:00 a.m. and 3:00 p.m. Monday through Friday, excluding Designated
Holidays. Additional service charges will apply for interments arriving at
the cemetery after 3:00 p.m. Arrangements can be made with the Contractor
for burials on Saturdays, Sundays or Designated Holidays and will be
subject to additional service charges according to the current Price List.
Additional service changes will apply for Winter Burials between
November 15th and March 31st.
5.3
ADVANCE NOTICE: Notice of an interment shall be given to the
Contractor at least 24 hours in advance, 8 hours of which must be normal
hours of operation. The Contractor is not responsible for having Lots
prepared for funerals unless such notice is given.
5.4
FEES FOR INTERMENTS: Persons requesting interments in a Lot shall be
held responsible for any charges incurred.
5.5
FEES OWING: No interment shall be permitted in any Lot where either the
Interment Rights or any other outstanding charges have not been paid in
full.
5.6
BURIAL PERMIT: Prior to any interment a burial permit issued by the
Division Registrar under the Vital Statistics Act, R.S.O. 1990, c.V.4, as
amended ("Vital Statistics Act"), shall be deposited with the Contractor,
except as may be permitted by Section 55 of the Act.
5.7
CREMATION CERTIFICATE: Prior to the interment of cremated remains,
a cremation certificate shall be deposited with the Contractor.
By-law 2012-178
Page 6
5.8
NUMBER OF INTERMENTS PERMITTED IN LOTS: The interment of
human remains in a Lot shall be subject to the following restrictions:
(a)
in the case of Thornhill Cemetery:
i.
Adult Lots:
no more then two caskets shall be interred in a
Lot designated as an Adult Lot, and in such case the casket
interred at the lowest depth shall be placed in a vault or crypt
purchased by the Interment Rights Holder; or, one casket and
the cremated remains of no more than six persons may be
interred in a Lot designated as an Adult Lot.
ii.
Cremation Lots:
no more then the cremated remains of
two persons shall be interred in a Lot designated as a
Cremation Lot ; or,
(b)
in the case of any other cemetery:
i.
Adult Lots:
no more then one casket and the cremated
remains of no more than six persons shall be interred in a Lot
designated as an Adult Lot; or,
iii.
Cremation Lots:
no more then the cremated remains of
two persons shall be interred in a lot designated as a
Cremation Lot.
5.9
CASKETS & URNS: Remains to be buried in a Lot must be enclosed in a
container, sealed securely, and of sufficient strength to permit burial with
the container remaining intact. The container must be of a size to permit
burial within the designated Lot as the case may be.
5.10
PERMISSION TO OPEN A LOT: No Lot shall be opened for interment or
disinterment by any person not in the employ of, or under the direction of
the Contractor, except under special circumstances, and by permission of the
Clerk.
5.11
DISINTERMENT: All disinterments shall be in accordance with the
Act and its regulations. A burial certificate under the Vital Statistics Act is
not required to reinter human remains that have been disinterred in
accordance with the Act and its regulations.
5.12
CARE DURING INTERMENTS: The City will exercise all due care in
performing burials and interments but is not responsible for damage to any
casket, urn or other container sustained during either interment or
disinterment.
5.13
EXTRA FEES: Extra charges may be included in the Price List for:
(a)
double depth grave openings;
(b)
disinterments and reinterments;
(c)
funerals reaching the cemetery after 3:00 p.m.;
(d)
interments on Saturday, Sunday, or a Designated Holiday; and,
(e)
Winter interments between November 15th and March 31st.
5.14
WEATHER & GROUND CONDITIONS: Subject to the discretion of the
City, interments shall take place only if weather and ground conditions
permit in the sole discretion of City.
5.15
RESTRICTION ON INTERMENT OF ANIMAL REMAINS: No person
shall inter in a Lot any remains, including any cremated remains that are not
human remains.
6.
Care of Cemetery & Lots
By-law 2012-178
Page 7
6.1
SAFETY & DIGNITY: The grounds of the Cemetery shall be maintained
by the City to ensure the safety of the public and preserve the dignity of the
Cemetery.
6.2
RESTRICTIONS: No person(s) shall:
(a)
place any fences, railings, other enclosures or hardscapes around
any Lot;
(b)
plant any sod, plants, shrubs or trees, or establish any flowerbed
without the permission of the Contractor;
(c)
place and leave any wreath, tripod, plant stand or memorialization
upon any Lot, between April 15th and November 15th, that may
interfere with grounds maintenance;
(d)
allow any candle, incense or flammable articles in the Cemetery
unless part of an interment ceremony and under the direct
supervision of an Interment Rights Holder or their representative;
(e)
change the grading of any Lot, and in case of any such change, the
City may restore the Lot to its original grade at the expense of the
Interment Rights Holder; or
(f)
place sod or move Markers without permission of the Contractor.
6.3
PERMITTED FLOWERS & MEMORIALIZATION: Interment rights
holders, or their representatives, are permitted to:
(a)
place artificial flowers on a lot, provided they are placed in spiked
containers placed immediately adjacent to the Marker;
(b)
place potted plants and planters on a lot, provided that they must be
set on concrete pads placed immediately adjacent to the Marker and
removed by September 30th in the respective year; and/or,
(c)
place artificial wreaths, without glass or plastic covers, on the Lot
between November 15th and April 15th, provided they are securely
fastened to the marker, or where there is no marker, mounted on an
appropriate stand securely anchored to the ground;
provided that they are not detrimental to the general maintenance or
appearance of the Cemetery as determined by the Contractor.
6.3
MAINTENANCE
OF
PLANTS
&
MEMORIALIZATION:
The
maintenance of any plant material growing on a Lot, or any temporary
memorialisation, is the sole responsibility of the Interment Rights Holder.
Interment Rights Holders shall:
(a)
maintain any plants, shrubs, trees or flower beds;
(b)
remove all tender plants from flowerbeds prior to September 30th in
the respective year;
(c)
remove any potted plants or planters by September 30th in the
respective year; and.
(d)
remove any artificial flowers that have become unsightly.
6.4
REMOVAL BY THE CITY: The City expressly reserves the right to:
(a)
enter onto a Lot to remove any flowers, plants, shrubs or trees
planted on a lot without the permission of the Contractor;
(b)
enter onto a Lot to re-establish turf in the place of any approved
flowerbed that has not been planted by June 30th in the respective
year;
(c)
enter onto a Lot to remove all flowers, potted plants, wreaths, and
baskets of flowers when they become withered or unsightly or for
any other reason that deems such removals to be in the best interest
of the Cemetery as determined by the City;
By-law 2012-178
Page 8
(d)
enter onto a Lot to remove any plants, trees or shrubs, or parts
thereof, situated in any Lot that have become by means of their roots
or branches or in any other way detrimental to the adjacent Lots,
drains, roads or walks, or if they are prejudicial to the general
appearance of the grounds or inconvenient to the public or
performance of any interment;
(e)
to disallow or remove quantities of memorial wreaths or flowers
considered to be excessive and that diminishes the otherwise tidy
appearance of the Cemetery;
(f)
enter onto a Lot to remove any vases, urns and flower stands not
properly cared for and not filled with plants by June 30th in the
respective year;
(g)
enter onto a Lot to remove any stand, holder, vase or other receptacle
for flowers deemed unsightly or unsuitable by the City; and,
(h)
remove and dispose of artificial wreaths after April 15th;
without notice and at the expense of the Interment Rights Holder.
6.5
WRITTEN PERMISSION: No person shall perform any installations or
maintenance work upon a Lot without the knowledge and permission of the
City or Contractor, and in the case of third parties, without with written
authorization and instruction for any third party activities provided by the
Interment Rights Holder to the Contractor.
6.6
GLASS CONTAINERS: No glass containers of any kind are allowed in the
Cemetery at any time.
7.
Monuments and Markers
7.1
UNPAID FEES: No marker or other structure shall be erected or permitted
on a Lot until accrued charges have been paid in full.
7.2
DIGNITY & DECORUM: No inscription shall be placed on any marker
which is not in keeping with the dignity and decorum of the Cemetery.
7.3
LIABILITY: The Cemetery will take reasonable precautions to protect the
property of the Interment Rights Holder, but it assumes no liability for the
loss of, or damage to, any marker or part thereof except where such damage
or loss is due to its negligence. Minor scraping of the base of the upright
monuments due to the turf mowing operation is considered by the Cemetery
to be normal wear.
7.4
PUBLIC SAFETY: If a marker in the Cemetery presents a risk to public
safety because it is unstable, the Cemetery is permitted to do whatever is
necessary to reduce the risk.
7.5
PLACEMENT OF MARKERS: Markers must be placed at the centre of the
head end of the Lot or Plot except where alignment with existing nearby
monuments justifies another location. Markers cannot be placed "back to
back" against another. Approval of the location must be obtained from the
Contractor before the foundation is installed.
7.6
STABILITY OF MARKERS: All markers must be able to withstand a
minimum of 100 lbs (45 kg) of horizontal force applied anywhere on the
monument without toppling.
7.7
MATERIAL & FINISHES FOR MARKERS: All markers shall be
constructed of bronze or natural stone.
By-law 2012-178
Page 9
7.8
UPRIGHT MARKERS: Upright markers shall be permitted on an Adult
Lot, excluding a Cremation Lot, provided that:
(a)
the die stone (marker) is at least 8 inches (20 cm) thick;
(b)
the die stone (marker) must be installed on a granite base, the height
of which shall be a minimum of 8 inches (20 cm);
(c)
the top surface of the base must be both wider and longer than the die
stone in order to provide a minimum 2 inches (5 cm) border of the
surface of the base exposed on all sides;
(d)
the bottom of the base shall be smooth sawn;
(e)
the base shall be installed on a foundation constructed in accordance
with Section 7.10 of the By-Law; and,
(f)
the maximum size of the upright marker shall be:
i.
Single Adult Lot: Height 34 inches (86 cm) including 8
inches (20 cm) base, width 26 inches (66 cm);
ii.
Plots of two Adult Lots: Height 36 inches (91 cm) including
8 inches (20 cm) base, width 48 inches (122 cm); or,
iii.
Plots of three or more Adult Lots: Height 38 inches (96 cm)
including 8 inches (20 cm) base, width 54 inches (137 cm).
7.9
PILLOW MARKERS: Pillow Markers shall be permitted on an Adult Lot,
provided that:
(a)
the pillow markers must be placed on a concrete pad not less than
four inches in thickness or greater than six inches in thickness.
(b)
the upper surface of the concrete pad shall extend three inches on all
sides of the marker and be flush with the ground.
(c)
the concrete pad may be installed on a foundation constructed in
accordance with Section 7.10 of the By-Law;
(d)
The maximum size for a pillow marker shall be:
i.
Single Adult Lot: 18 inches x 24 inches (46 cm x 61 cm)
ii.
Double Adult Lots: 18 inches x 48 inches (46 cm x 122 cm)
(e)
The pillow marker shall be constructed so that the marker slopes from a
height of:
i.
8 inches (20 cm) in the back to 5 inches (13 cm) in the front; or
ii.
6 inches (15 cm) in the back to 4 inches (10 cm) front.
7.10
FOUNDATIONS: The foundation on which the base or concrete pad, as the
case may be, sits must be no less than 48 inches (122 cm) deep, and large
enough to provide a 2 inch (5 cm) border on all sides of the base. The
Foundation shall be installed by a City approved external contractor and
paid for by the Interment Rights Holder.
7.11
FLAT MARKERS: Flat markers may be permitted on a lot provided that
the placement must not interfere with the interment space. Flat markers are
to be flat on top, level with the ground and 4 inches thick. The maximum
size for a flat marker shall be;
(a)
Single Adult Lot:
18 inches x 24 inches (46 cm x 61 cm)
(b)
Plots of two Adult Lots:
18 inches x 48 inches (46 cm x 122 cm)
(c)
Single Cremation Lot:
16 inches x 20 inches (41 cm x 51 cm)
(d)
Double Cremation:
18 inches x 24 inches (46 cm x 61 cm)
7.12
CORNER MARKERS: Interment Rights Holders may purchase corner
markers to delineate the four corners of a Lot or Plot.
By-law 2012-178
Page 10
7.13
PHOTOGRAPHS: All photographs attached to any memorials or placed
within the cemetery grounds shall be the sole responsibility of the Interment
Right Holder.
7.14
CARE AND MAINTENANCE FUND: Every person wishing to install a
marker in a cemetery shall pay the amount prescribed by the Act to be
deposited the Care and Maintenance Fund.
8.
Rules for Visitors
8.1
All visitors to the Cemeteries, including Interment Rights Holders, shall
observe the following rules:
(a)
VEHICLES: Vehicles shall not be permitted except on the roadways
of the cemeteries, or paths designated for such purposes, and vehicles
shall not be permitted to travel in excess of 10 kilometres per hour.
The owners of vehicles which cause damage to the cemetery shall be
liable to the City for the cost of repair of any damage caused by their
vehicle.
(b)
FIREARMS: No person shall bring into or discharge firearms in the
cemeteries, except as may be authorized by the Contractor in writing
in connection with volleys at funeral services.
(c)
ANIMALS: No person shall:
i.
allow any animal under their ownership and/or control to
enter into the Cemetery unless it is on a leash;
ii.
shall allow any animal under their ownership and/or control
to relieve itself on a Lot or Marker; and
iii.
fail to clean up and remove from completely from the
Cemetery property any excrement left by and animal under
their ownership and/or control.
(d)
DAMAGES TO PROPERTY: No person shall pick or direct a
person to pick flowers or any other plants, wild or cultivated, or
break or damage in any way any tree, shrub or plant in the cemetery,
or write upon, deface, or cause damage in any way to any marker,
fence or other structure in the cemeteries.
(e)
SOLICITING: No person shall solicit in any manner within the
cemeteries
(f)
CONDUCT ON CEMETERY PROPERTY: Visitors to the
cemetery shall behave in a manner in keeping with the dignity of the
cemetery. Persons behaving in a manner which is not in keeping
with the dignity of the cemetery shall be required to leave the
cemetery.
(g)
ALCOHOL/DRUGS: No person shall bring alcohol or illegal drugs
into any cemetery.
(h)
PHOTOGRAPHING OR FILMING: Photographing, filming or
video- taping of any part of the cemetery may only take place with
the prior approval of the Clerk and a permit may be required.
(i)
ENCROACHMENT: No person shall cause or permit any
encroachment onto cemetery lands including, but not limited to,
compost piles or compost containers, woodpiles, fences, gates, sheds
or other any other buildings.
8.2
PRESERVING ORDER & DIGNITY: City Staff and the Contractor are
empowered to preserve order, dignity and decorum in the cemeteries.
9.
Gifts to the Cemetery
By-law 2012-178
Page 11
9.1
The City gratefully accepts donations to the Cemeteries. All trees and
structural gifts, such as benches, birdbaths and sundials as donations or
elements in a donated area, must be approved by the Clerk, and become the
property of the City. Once installed, donated structures cannot be removed,
painted or adjusted in any way or form by individuals. They are located at
the approval of the Clerk, although every effort will be made to
accommodate the request(s) of the donor. The donation is recognized for the
lifetime of the plant or item. The City accepts no responsibility for damage,
loss or replacement of any donated items.
10.
Enforcement
10.1 Any City Municipal By-law Enforcement Officer or other City Staff may
order any person believed to be contravening or have contravened any
provision of this By-law:
(a)
to immediately desist from the activity constituting or contributing to
such contravention; or
(b)
to leave the municipal cemetery immediately.
10.2
Any City Municipal By-law Enforcement Office or City Staff may order any
person engaging in an activity that requires a contract to provide the original
copy of the agreement for inspection.
10.3
No person shall fail to comply with an order given by a City Municipal By-
law Enforcement Officer or City Staff in subsections (1) or (2).
10.4
No person shall hider or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this By-law.
10.5
Every person who contravenes any provision of this By-law is guilty of an
offence and is liable to a fine and any other penalties imposed pursuant to
the Provincial Offences Act, R.S.O. 1990, c. P-33, as amended.
11.
General
11.1
In the event any provisions of this By-law are deemed invalid or void, in
whole or in part, by any court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
11.2
This By-law shall come into force on the date it is approved by the Registrar
in accordance with the Act.
11.3
By-law 178-93 is repealed in its entirety upon the coming into force of this
By-law.
READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS
12TH DAY OF SEPTEMBER, 2012.
______________________________
___________________________
MARTHA PETTIT
FRANK SCARPITTI
ACTING CITY CLERK
MAYOR
By-law 2012-178
Page 12
Schedule "A"
List of Markham Cemeteries
Cemetery Name
Lot/Concession
Municipal Address
Angus Glen Farm
Lot 22, Concession 5
not applicable
Bethel-Lunau
Lot 8, Concession 4
8050 Warden Avenue
Brownsburger (Boyle)
Lot 23, Concession 9
10390 Reesor Road
Buttonville
Lot 15, Concession 4
9171 Woodbine Avenue
Byer
Lot 23, Concession 8
10451 Highway 48
Cashel
Lot 26, Concession 6
10835 Kennedy Road
Clendennen
Lot 16, Concession 8
56 Miramar Drive
Eckardt
Lot 7, Concession 6
7872 McCowan Road
First Markham Baptist
Lot 22, Concession 8
10080 Ninth Line
Hagerman Hill East
Lot 6, Concession 6
7791 Kennedy Road
Hagerman Hill (West)
Old Methodist
Lot 6, Concession 5
7782 Kennedy Road
Pingle Burying Place
Lot 22, Concession 6
Quantztown
Lot 15, Concession 6
9112 McCowan Road
Raymer
Lot 15, Concession 8
3 Wales Avenue
Reesor Pioneer
Lot 14, Concession 10
9035 Reesor Road
St. John's 5th Line
Lot 2, Concession 5
7285 Warden Avenue
St. John's Lutheran
Lot 13, Concession 4
8933 Woodbine Avenue
Thompson (on Box Grove
Golf Course)
Lot 5, Concession 8
not applicable
Thornhill Cemetery
Lot 30, Concession 1
1 Church Lane
Thornhill Methodist
Lot 33, Concession 1
11 Normark Drive
Wurtz (Munts)
Lot 13, Concession
10 Reesor Road