Chapter 3 CEMETERIES 7-3-1: DEFINITIONS: ASH BURIAL: The opening and closing of a burial space set aside for the interment of cremains. BURIAL: The opening and closing of a grave or burial space for purposes of interment. BURIAL SPACE: An area of land within a grave set aside for disposition of a dead human body only, including ash cremains. BURIAL TRANSIT PERMIT: A permit for disposition of a dead human body as required by Illinois law. CEMETERY LOT: Shall consist of numbered divisions as shown on the recorded plat sufficient to accommodate more than two (2) graves. CONTRACTOR: Any person/business performing work on cemetery grounds on behalf of themselves/others. CREMAINS: The container and incinerated body of the deceased person. CREMATION INTERMENT CONTAINER: A rigid outer container that is composed of concrete, steel, fiberglass, or some similar material in which an urn is placed prior to being interred in the ground, and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn. DISINTERMENT: The recovery of human remains by exhumation, disentombment, or disinurnment. FOUNDATIONS: Those items used to affix or support a memorial, marker or monument to the ground in connection with the installation of a memorial, marker or monument. INTERMENT: Any lawful disposition in the earth of the remains of a deceased person. MEMORIALS, MARKERS AND MONUMENTS: The object, usually comprised of a permanent material such as granite or bronze, used to identify and memorialize the deceased. URN: A receptacle designed to encase the cremated remains of a dead human body. VAULT: An outer burial container that is designed for placement in a burial space or grave around a casket or alternative container. (Ord. 05-22, 7-5-2005)
7-3-2: CEMETERY SEXTON: A. Supervision: The city cemetery shall be under the care of the street department superintendent. The street department superintendent will assign a street crew leader to act as the cemetery sexton to oversee the daily tasks of the east and west side cemeteries. B. Duties: City employees under the supervision of the street department superintendent shall keep the cemetery in good condition and free from weeds, and shall see to the removal of all rubbish from the premises. The street department superintendent or his designee shall have charge of the digging of graves and the keeping of records. All revenues received by the street department superintendent or his designee from digging of graves and from care of lots/graves shall be paid over to the city of Batavia finance director as a part of the cemetery fund. (Ord. 05-22, 7-5-2005) 7-3-3: SALE OF LOTS/GRAVES: The street department superintendent or his designee shall keep a chart showing the location of all lots, graves and burial spaces in the cemetery; and is authorized to convey any unsold lots/graves to any person at the price set by the city council. A. Deeds: All such sales shall be made on a form approved by the street department superintendent, which grants a right of burial only and does not convey any other title to the lot or grave sold. The owner of the deed shall be held subject to the provisions of this code, existing rules and regulations and such ordinances, rules and regulations as may hereafter be adopted by the city of Batavia. The street department superintendent shall execute such form. B. Deed Transferals Or Quitclaims: Burial rights may be transferred only by endorsement of an assignment of such burial deed issued and approved by the street department superintendent, and entered upon the official records of the city cemetery. Upon such assignment, approval and record, the street department superintendent shall issue a new burial deed to the assignee and shall cancel and terminate upon such records the original deed thus assigned. Proof of such transfers shall be recorded in the street department's office at the public works building. C. Ownership Rights of Interment: The city of Batavia shall have the right to assume at all times that the grave(s) owner acquired the grave(s) for the interment of the person(s) in whose name the deed was issued or at the direction of such person(s). Only such persons as names appear on the cemetery deed will be recognized as owners or part owners of the grave(s). Once a grave is occupied and in the event of the death of the original grave owner, additional interments in that grave shall not be permitted without prior arrangements in writing, to the street department superintendent, from the original owner in whose name the deed to that grave was issued.
The person(s) who purchases multiple graves shall have the right, during their lifetime, to direct the city as to what person(s) is to occupy each grave. This direction can be in the form of specifying names on the grave deed or on a form provided by the city and signed by the grave purchaser(s). When a multiple interment right owner dies, in the event the owner shall not have arranged for future interments as set forth above, then the ownership of any unused right of interment shall pass in accordance with the following in the order of and as set forth below: 1. Specific Bequest In The Decedent's Will: In the event of the death of a grave(s) owner, if the grave(s) is disposed of by will, a certified copy of the will must be delivered to the street department superintendent before the city of Batavia will recognize the change in ownership. If there is no will or specific bequest, the surviving spouse of the grave(s) owner shall have the first right to interment or to direct the right of interment. 2. Use of Affidavit: When there is no disposition by will and no surviving spouse, the ownership and use of the unused right of interment shall be determined by the city of Batavia in accordance with the information set out on a standard affidavit for cemetery interment rights use form, if such a form has been prepared. This affidavit shall be made on a form approved by the street department superintendent. The unused right of interment shall be used for the interment of the first deceased heir listed on the standard affidavit and continue in sequence until all unused graves are occupied. If the standard affidavit for cemetery interment rights is provided to and followed by the city of Batavia, the city of Batavia shall be released from any liability arising from the reliance on such affidavit. 3. Heirship: In the event that there is no disposition by will, no surviving spouse, no will and no standard affidavit for cemetery interment rights form is used, the interment right shall pass to the heirs of the deceased interment right owner according to the Illinois laws of descent and distribution. (Ord. 05-22, 7-5-2005) 7-3-4: PERPETUAL CARE: A. Perpetual Care Required: The city shall provide the perpetual care to grass, lawn and monument stones or markers upon all cemetery lots, parts of lots or parcels of land sold by it, in accordance with the terms and provisions of this chapter. No lots shall be sold without perpetual care. B. Perpetual Care Fund Created: When any cemetery lot, part of lot or parcel of land shall be sold by the city, the purchaser of the same shall be required to deposit with
the city, in addition to the regular purchase price of such lot, part of lot or parcel of land, a sum to be fixed and determined by the city council. Such additional sum deposited shall be placed in a perpetual care fund so that the same may from time to time be invested by the proper authorized representatives of the city, and the revenues derived therefrom used for the perpetual care and maintenance of the grass and lawn and the monument stones or markers located upon the lot, part of lot or parcel of land so purchased, all in accordance with the purpose and intent of this chapter. C. Certificate to be Issued: Upon the deposit of any money by a purchaser of a lot, part of lot or parcel of land located within a cemetery owned or operated by the city, the street department superintendent shall prepare a certificate or contract setting forth the amount of money so deposited and the purpose for which such deposit is made, together with the location of the lot, part of lot or parcel of land, which certificate or contract shall be signed by the mayor and attested by the city clerk and the corporate seal affixed thereto, and such instrument delivered to the person making such deposit. D. Street Department Superintendent Designated to Receive Deposits: The street department superintendent is designated as the proper representative of the city to receive all deposits made in accordance with the provisions of this chapter and keep an accurate record thereof. E. Disposition of Income: The city shall not be required or obliged to make any separate investment of each of such sums so deposited, but the annual income or interest derived from all funds of like nature belonging to or deposited with the city shall be divided pro rata as the amount of each deposit is to the total amount so deposited, and shall be used proportionately in the care of each of the lots, parts of lots or parcels of land. The city and its authorized representatives shall be responsible only to exercise good faith and reasonable diligence in the management of the funds so deposited with it under the terms and provisions of this chapter. (Ord. 05-22, 7-5-2005) 7-3-5: CHARGES: A. Charges for Cemetery Graves: No city cemetery grave(s) shall be sold without perpetual care. The city council, by resolution, may periodically alter the following fees to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisition. The charges for all graves in city cemeteries and for the perpetual care thereof shall be as follows: Grave Charges Perpetual Care Charges Total Charges
Regular grave: Resident $450.00 $350.00 $ 800.00 Nonresident 650.00 350.00 1,000.00 Infant or cremation grave: Resident 250.00 200.00 450.00 Nonresident 450.00 200.00 650.00 B. Opening and Closing Charges: The opening and closing of any burial space, prior to and following a burial therein, and including the interment of ashes, shall be at a cost to be determined from time to time by the city council, and be payable to the city of Batavia. The charges to be made for the opening and closing of graves in city cemeteries shall be as follows: Opening and closing charges: Regular grave $1,000.00 Infant or cremation grave 400.00 Additional charges for Saturday burials: Regular grave 250.00 Infant or cremation grave 150.00 Additional charges for Sunday and holiday burials: Regular grave 300.00 Infant or cremation grave 200.00 All weekday burials after two o'clock (2:00) P.M. will be charged the Saturday burial fee. C. Definitions: For purposes of subsection A or B of this section, "regular" graves shall mean all graves containing a vault in excess of size fourteen (14) and "infant" graves shall mean all graves containing vaults up to and including size fourteen (14). (Ord. 05-22, 7-5-2005) 7-3-6: REPURCHASE OF LOTS OR GRAVES: Upon approval of the street department superintendent, the city may repurchase any cemetery lot or grave from the deed owner, for the original price paid the city, upon written request of said deed owner or his legal heirs or representatives along with submission of the original deed. (Ord. 05-22, 7-5-2005)
7-3-7: RECORDS: The city shall maintain records concerning all burials, issuance of burial deeds, and any perpetual care fund, separate and apart from any other records of the city and the same shall be open to the public inspection at all reasonable business hours. The street department is responsible for the keeping of such records at the public works building. (Ord. 05-22, 7-5-2005) 7-3-8: HEADSTONE PERMITS: Application for a permit to construct or install a headstone in the city cemeteries shall be made in writing to the street department superintendent, and shall state thereon specifically the size of the headstone/foundation intended to be constructed or maintained, and a drawing of the headstone and its inscriptions if such applies. Each application shall contain an agreement by the applicant to abide by all the regulations contained in this chapter. A. Permit Required: No person shall construct or install a headstone without first obtaining a permit to do so. Each permit to construct the memorial headstone, each permit to install the foundation, and each permit to make alterations, including engraving thereon, shall be on site during the installation for which the same was issued. Permits issued hereunder apply only to the lot/grave(s) described in the application and in the permit issued thereon, and only one location shall be so described in each permit. A permit, which has been issued to a person, may not be transferred to any other person without the written consent of the street department superintendent or his designee. 1. Procedure Upon Approval for Permit: When the street department superintendent or his designee has approved an application for a permit to construct or make alterations upon a marker for a lot/grave(s), he shall retain the original and keep a file thereof, and one copy shall be returned to the applicant or his agent. 2. Winter Installations: Permits received after November 15 and before March 31 will be reviewed, however, memorial markers shall not be installed during this time period. All approved permits will expire after thirty (30) days of issuance. The street department shall draft and supply all forms and blanks and specify the number and detail necessary to obtain permits to construct or make alterations upon lot/grave markers. (Ord. 05-22, 7-5-2005) 7-3-9: HEADSTONE REQUIREMENTS: A. Foundation Required: No marker or headstone shall hereafter be erected or installed on any lot or grave in any cemetery under the jurisdiction of the city unless there is provided therefor a concrete foundation of a size that is four inches (4") larger on each side of the marker or headstone and at least five inches (5") in thickness or
depth. This apron must be installed flush with the ground and in the exact location that will be marked by the street department superintendent or his designee at the time the permit of such foundation/memorial is approved. The footing under the foundation shall be constructed of concrete of sufficient size necessary to support the headstone and a minimum depth of forty two inches (42"), which includes the five inches (5") in thickness of the apron. B. Memorial Stone: All memorial markers must be made up of stone or equally durable composition purchased as a set from a memorial dealer approved by the street department superintendent. C. Family Monuments: Family monuments shall be permitted only when the holder of the deed of burial rights owns at least four (4) adjacent graves that are back to back so that the marker will only be on the graves listed on the deed. Said family monument shall not exceed four feet (4') in width and shall be set in the middle of the lot, but shall be in line with previously set memorial markers. D. Marker Alignment: Single/double individual monuments shall be set in line with previously placed memorial markers. E. Number Allowed: Only one memorial stone will be allowed on each gravesite. Names of additional burials must be engraved on existing markers with the possible exception of a flush or veteran marker. There shall be no more than one upright/beveled marker in combination with two (2) flush markers on any one grave, or two (2) flush markers only on any one grave. F. Placement of Marker: Memorial stone is to be installed closest to and facing the nearest walkway, centered between the adjacent grave borders, but not encroaching upon any other grave. G. Right to Remove: If any monument, effigy, inscription or any structure be placed in or upon any lot/grave, shall be determined by the street department superintendent to be illegal, or injurious to the surrounding grounds, the street department superintendent shall have the right to correct or remove the same. H. Liable for Damage: In setting a monument or marker or building a foundation, the contractor shall be liable for any damage to other gravesites or property and to shrubs, irrigation, flowers, trees and unnecessary damage to the lawn. If the contractor spatters cement or in any other manner injures other monuments or markers, the contractor shall be responsible for cleaning, repairing and removing. I. Flush Markers: All flush markers shall be set so that the top is flush or level with the ground. 1. Single Flush Marker: The exposed surface of all single flush markers shall be of standard size, thirty two inches (32") in length and twenty inches (20") in width,
which includes the four inch (4") concrete/granite apron (actual marker dimensions are 24 inches in length and 12 inches in width). 2. Double Flush Marker: The exposed surface of all double flush markers shall be of standard size, forty four inches (44") in length and twenty inches (20") in width, which includes the four inch (4") concrete/granite apron (actual marker dimensions are 36 inches in length and 12 inches in width). A double flush marker cannot be installed upon a single grave unless the width of that grave is at least forty four inches (44"). 3. Veterans' Flush Marker: Flush type markers issued by the United States government must be set flush to the ground surface with the exception of installing to the back side of an existing marker. 4. Custom Sizes: Custom sizes for flush markers will be allowed only by request in writing on the permit for such marker and if approved by the street department superintendent or his designee. J. Graves Designated for Infant/Cremation: Upright markers are not allowed in specific areas of the cemetery designated for infant/cremation burials. Flush markers are allowed in these areas of the cemetery. K. Reserved Graves: If markers or family monuments are installed, and the graves which they identify are not yet occupied, and it becomes necessary to temporarily remove said markers to make room for a burial, the cost of doing so shall be added to the opening and closing fees of the same burial. L. Noncomplying Markers: Any marker or headstone installed in violation of this section, after the effective date hereof, shall be removed by the street department superintendent or his designee and may be replaced only upon compliance with this section. (Ord. 05-22, 7-5-2005) 7-3-10: PROHIBITED ACTS: It shall be unlawful for any person to commit any of the following acts: A. Vandalism: To destroy or mutilate in any manner any marker, flag or other grave decoration in the cemetery, or to enter the cemetery grounds with the intention of committing such act or of interfering with any grave. B. Dogs: To permit a dog to run at large or to walk any dog on a leash through and in any city cemetery. C. Golfing or Batting Activity: To engage in any type of golfing, throwing or batting activity in any city cemetery.
D. Advertising: Display any form of advertising on cemetery premises. E. Operation of Vehicles: All vehicles, operated within the city cemetery grounds, shall be driven at a maximum speed of up to fifteen (15) miles per hour. Vehicles must stay on the paved surface of the roads and are not permitted to drive/park on the grass. A person driving in a city cemetery shall be responsible for any damage done by the vehicle. F. Illegal Substance: No alcohol or illegal drugs of any kind will be allowed within the cemetery. Any person who violates this section shall be fined not more than seven hundred fifty dollars ($750.00) for each offense. (Ord. 05-22, 7-5-2005) 7-3-11: INTERMENT REGULATIONS: A. Burials Allowed: Only one person may be buried in a burial space except for the following conditions: 1. No vault: Up to four (4) ash burials, if space allows. 2. One vault: Up to two (2) ash burials, if space allows. 3. One vault, which contains within the casket, the remains of one human body, and the ash cremains of either a mother, father, daughter, son, sister, brother, or spouse, and only after receiving written consent from the street department superintendent or his designee and providing proper identification is made for such interments as described in subsections D and E of this section. 4. One vault, which contains within the casket, the remains of a mother and infant, or twin children, or two (2) children five (5) years of age or under who are buried at the same time, and only after receiving written consent from the street department superintendent or his designee and providing proper identification is made for such interments as described in subsections D and E of this section. B. Vaults Required: All regular/infant graves, with the exception of those for cremations, shall be required to have an outside receptacle of concrete or steel. Ash burials shall be required to have the cremains inside an urn placed in an outside cremation interment container. C. Required Notice of Burial: A minimum of twenty four (24) hours' notice shall be given in advance of any time of any funeral to allow for the opening of the burial space(s), otherwise, the cemetery cannot guarantee to have the grave ready for burial.
D. Right to Interment: The appropriate deed for the burial space involved, together with appropriate identification of the person to be buried therein, when necessary, shall be presented to the street department superintendent or his designee prior to interment. Where such deed has been lost or destroyed, the street department superintendent or his designee shall determine if the person has the legal right to be buried in the burial space before any interment is commenced. All forms required by the state of Illinois shall be presented before any interment takes place, including those of ash cremations. E. Permit Required: The appropriate burial/transit permit must be presented to the street department superintendent or his designee prior to interment. Such permit is to be placed in the cemetery records. F. Viewing of Casket: It is not permissible to open a casket at the grave unless application is made in advance and approval is given by the street department superintendent or his designee. G. Opening and Closing: No burial spaces shall be opened and closed except under the direction and control of the street department superintendent or his designee. The removal and reinterment of bodies and remains will be done by the street department superintendent or his designee under the supervision of the local health department and laws governing such procedures, as a result of a court order. H. Funeral Decorations: Following an interment, all flowers or emblems used at the interment that have become unsightly will be removed and the management assumes no responsibility for their return to the owners. (Ord. 05-22, 7-5-2005) 7-3-12: GROUND MAINTENANCE: A. Landscaping: No grading, leveling, or excavating upon a burial space shall be allowed without the permission of the street department superintendent or his designee. B. Trees and Shrubs: No shrubs, trees, or evergreens of any type shall be planted without the approval of the street department superintendent or his designee, who also may remove any of the foregoing items planted without approval. C. Tree/Shrub Trimming and Removal: The street department superintendent reserves the right to authorize the removal or trimming of any tree, plant or shrub located within the cemetery in the interest of maintaining proper appearance and the use of the cemetery. D. Mounds: Elevated mounds that hinder the free use of a lawn mower or other gardening apparatus are prohibited.
E. Right of Removal: The street department superintendent or his designee shall have the right and authority to remove and dispose of any and all growth, emblems, displays, landscaping, retaining walls or containers that are determined to be unsightly, a source of litter, or a maintenance problem. F. Landscape Materials: Landscape materials (i.e., bark mulch, stone) other than earth or sod are prohibited unless approved by the street department superintendent or his designee. No lot/grave perimeter or retaining walls shall be allowed. G. Spring and Fall Cleanup: To prepare the grounds for the growing/nongrowing seasons, a detailed spring and fall cleanup is scheduled for November 1 and April 1 of each year. 1. Any winter decorations that are to be kept for future use must be removed by March 31. 2. Old artificial plants, dried flowers, wreaths/grave blankets, and flower containers (except for permanent urns), emblems, and displays that through decay, deterioration, damage or otherwise become unsightly, a source of litter, or a maintenance problem must be removed or shall be disposed of by the street department superintendent or his designee. 3. Any items prohibited by this chapter shall be removed without notice during the scheduled cleanups. 4. Cemetery grounds will be maintained on a regular basis throughout the year. H. Trash Receptacles: All refuse of any kind must be removed from the cemetery. Trash receptacles located on cemetery grounds are for the disposal of cemetery refuse including dried flowers, wreaths, papers, and flower containers only. I. Items Deemed Unsafe: The use of glass jars or glass vases is prohibited, due to the breakage, which is a danger to the public and cemetery employees. Glass containers will be removed when found. Any memorial or decoration that is deemed by the street department superintendent or his designee to be a danger to the public and cemetery employees will be removed when found. J. Flowers Allowed: Flowers shall be allowed to be planted in the area twenty four inches (24") directly in back of the marker (on top of grave) or in urns permanently installed and approved by permit, without encroaching upon any other grave, and without being in violation of any part of this section. No decorations of any kind are allowed to be placed in front of a marker in the aisleway. K. Damage: The city shall not be responsible for any damage to lots, graves and structures or objects thereon, or for flowers or articles removed from any lot or grave. (Ord. 05-22, 7-5-2005)
7-3-13: FORFEITURE OF VACANT CEMETERY LOTS/GRAVES: When there is no memorial, monument, or marker installed on a cemetery grave; no interment in a cemetery grave; no transfer or assignment of a cemetery grave on the cemetery authority records; no contact by an owner recorded in the cemetery authority records; publication has been made in a local newspaper and no response was received; and sixty (60) years have passed since the cemetery lot/grave(s) was sold, there is a presumption that the cemetery lot/grave(s) has been abandoned and the ownership of said lot/grave(s) shall be deemed to have been reverted to the city of Batavia. Cemetery lots or graves sold but remaining vacant for more than sixty (60) years from the date of their sale shall automatically revert to the city in accordance with the statutes of Illinois state law. All notices will be made in accordance with Illinois state law. (Ord. 05-22, 7-5-2005) 7-3-14: CEMETERY HOURS: A. Limitations to Use: The cemetery shall be open to the general public during daylight hours for the purposes of burials, grave visitation or historical research. B. After Dark Hours: No person shall be permitted in the cemetery after dark except by permission of the street department superintendent. (Ord. 05-22, 7-5-2005)