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 Chapter 5 - Cemetery

Sec. 5-1  Property Description.

The following described property heretofore set apart and used as a burial place for the dead and known as Highland Cemetery is hereby continued for that purpose and is and to be known and designated as "Highland Cemetery", to wit:

Commencing at the South east corner of the Northeast Quarter of the Southeast Quarter of Section Five, Township Twenty-six North, Range Six East of the Fourth P.M., and running thence North Five Hundred Fifth-five Feet, thence West Four Hundred feet, thence South Five Hundred Fifty-five feet, thence East Four Hundred Feet to the place of beginning, containing five acres more or less, situated in the Town of Loran in the County of Stephenson and the State of Illinois.

Sec. 5-2  Cemetery Board Duties.

The Board of Trustees of the Village of Pearl City, Illinois, shall hereafter also act as a board of cemetery managers and shall have, under its jurisdiction and control, the management, maintenance and operation of the said cemetery, including the sale of lots now owned by this Village and located in said cemetery, and shall specifically have the following powers:

(a) To employ a sexton, who shall be an employee of said Board; to prescribe his duties, and fix his salary, to be paid from funds in the hands of said Board.

(b) To administer and preserve all records relating to said cemetery and particularly with reference to the ownership of all lots.

(c) To receive from lot owners and others, funds for the maintenance of individual lots and to expend such funds for the purposes designated.

(d) To appraise and fix the value of each lot owned and for sale by the Village in said cemetery.

(e) To make all reasonable rules and regulations for the conduct of the cemetery and all additions thereto, to fix the fees and charges to be imposed for the services of the sexton, if one is employed, or for the facilities of the said cemetery.

(f) To receive, manage, invest, control and spend such sums as may come into its hands as property of the said cemetery, either through appropriation and levy of taxes for cemetery maintenance by this Board, or otherwise.

(g) To administer the funds hereinafter received, from any source, for the perpetual care of portions or all of said cemetery.

Sec. 5-3  Books and records.

The Village Clerk shall keep and maintain due and proper books and records of all of the activities and financial transactions connected with such cemetery, and shall act under the direction and authority of this Board of Trustees in connection with the maintenance and operation of such cemetery.

Sec. 5-4  Management in accordance with Statute.

The said cemetery, and all of its assets, real or personal, tangible or intangible, shall be otherwise managed, controlled, operated, invested or cared for in accordance with the Statutes of the State of Illinois and in accordance with the further ordinance or resolution of the Board of Trustees.

Sec. 5-5  Unlawful entry.

It shall be unlawful for any person or persons, other than duly authorized officers, officials or employees of the village, to enter into or be upon the cemetery grounds of the village during the time after sunset and before sunrise of any day without first obtaining the permission of the sexton or village officer in charge of said cemetery.

Sec. 5-6  Trespass, loitering; exceptions.

It shall be unlawful for any person to loiter or trespass upon lots and graves of the village cemetery, but nothing herein shall be construed to prohibit any person having lawful business in the cemetery in connection with improvement thereof or persons visiting the graves of relatives or friends from being in said cemetery in accordance with the rules.

Sec. 5-7  Grave decorations (flowers).

The placing of cut flowers or plastic flowers over individual graves shall be permitted; however, said village shall not be responsible for the care of such flowers or the containers that they are placed in.  Further, said village shall remove, without notice, all flowers, real or artificial, that remain over fifteen days.
            a)     No glass or glass containers are allowed to house real  or artificial flowers or to be used as a grave decoration.
            b)     The Cemetery is not responsible for theft or damage to any personal property, including artifacts, personal effects, etc., placed on or near Interment Spaces or elsewhere in the Cemetery.

Sec. 5-8  Rubbish; debris.

It shall be unlawful for any person to dispose of any rubbish, trash, waste materials, litter, or debris of any kind in the village cemetery.

Sec. 5-9  Property damage.

No person shall remove, molest, injure, mar, deface, throw down or destroy any headstone, monument, survey marker, corner marker, tomb, vault or mausoleum, or decoration on any cemetery lot in said cemetery, or open, disturb or molest any grave or place of burial therein.  This shall not prohibit acts by cemetery officers and employees, or public officials, in carrying out their duties.

Sec. 5-10  Trees, shrubs, and flowers.

It shall be unlawful for any unauthorized person to plant any tree, shrub or other plant in the cemetery except those permitted by the general landscape plan approved by the village governing body.  It shall be unlawful for any unauthorized person to cut down, injure, break or destroy any tree, shrub or other plant growing in the cemetery, or to pick, pluck or cut any flower or decorative plant except as authorized by the cemetery rules.

Sec. 5-11  Speed of vehicles.

It shall be unlawful for any person to drive any vehicle in said cemetery faster than ten (10) miles per hour.

Sec. 5-12  Maintenance of Memorial Trees.

Beginning January 1, 2012, any dead or damaged Memorial trees will be replaced only if all replacement costs are covered by the individual requesting the replacement.  If not replaced, dead or damaged trees may be removed by the city.

Sec. 5-13  Headstones / Markers

a)    All burials and or cremations require a marker or headstone located on the lot of the burial or cremation.
b)    No person shall place more than one marker or headstone on each individual lot sold with exception of a veteran stone.  One veteran stone can be placed in addition to a  headstone to each individual lot.
c)     Once a marker or headstone has been placed it is the responsibility of the owner.  Highland Cemetery is not responsible for "tipped" headstones that have "Skated" off their foundations due to ice formation or installation failure.
d)    Any marker or headstone damaged as a result of "general maintenance practices" shall be the duty of the Cemetery Board.  Disputes regarding the responsibilities of the damages shall concur with the Cemetery Board.
e)    Markers or headstones shall be centered at the "head" or "walkway" of the individual lot sold.
f)    The marker of headstones shall not impede into the walkway, maintaining an eight foot space to the walkway.
g)    Markers or headstones shall be approved by the cemetery board or the cemetery sexton prior to the installation.  The Cemetery Board and/or the Sexton has the right to reject any headstone deemed inappropriate.
h)    Any monuments other than headstones such as benches, etc. must be approved by the Cemetery Board and or Cemetery Sexton.
i)    No marker or headstone will be placed until the lot is paid-in-full and the deed has been issued.

Sec. 5-14  Burials/Cremations

a)    Graveside or interment ceremonies and or burials are the responsibility of the lot owner or deceased.
b)    All cremations and or burials must be approved by the cmetery board and or Sexton.  Proper record keeping of each burial is required.
c)    A total of two cremation burials are allowed per individual lot sold.
d)    Cremation burials are not allowed on the same lot occupying a vault and casket.
e)    The scattering of cremated remains is prohibited.  The remains must be kept in an Interment space such as an urn or "niche" and placed below the ground within the lot boundaries.

Sec. 5-14  Lot Ownership/Deeds

a)    All cemetery deeds are transferable
b)    All lots will be sold in "twos" (10x10 feet) or "fours" (20x10 feet) by the Cemetery Sexton.
c)    Any deed which is sold or transferred to another, it is the responsiblility of the original owner to notify or provide proof of transferred lot to the Cmetery Board or Sexton for record-keeping purposes.
d)    Lot owners shall be provided with the original cemetery lot deed and the cemetery Sexton shall maintain a copy for record-keeping.
e)    All Cemetery Deeds shall be signed by the Village President and VIllage Secretary.  All Cemetery Deeds shall benotarized through a certified notary public.