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Chapter 22 - CEMETERIES#
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Cross reference— Administration, ch. 2; standing committees of council, § 2-32; streets, sidewalks and other public places, ch. 50; traffic and vehicles, ch. 58.
State Law reference— Providing places for the interment of the dead, Code of Virginia, § 15.1-14(7); municipal regulation of cemeteries, Code of Virginia, § 15.1-860; location and administration of municipal cemeteries, Code of Virginia, § 15.1-883; cemetery trustees, Code of Virginia, § 57-22 et seq.; condemnation of land for cemetery, Code of Virginia, § 57-25; local regulation of size and location of cemeteries, Code of Virginia, § 57-26; abandonment of cemeteries, removal of remains, Code of Virginia, § 57-36 et seq.
Sec. 22-26. - Name of town cemetery.#
The name of the town cemetery shall be the Lakeview Cemetery.
(Code 1971, § 12-1)
Sec. 22-27. - Keeper of cemetery.#
(a) Office established; town manager designated. The office of keeper of the cemetery is hereby created and established. The duties of such office shall be performed by the town manager who shall be, by virtue of his office, keeper of the cemetery.
(b) Duties generally. The duties of the keeper of the cemetery shall be, under rules and regulations adopted by the council, to supervise and look after the maintenance and upkeep of Lakeview Cemetery; to sell all lots or sections therein unsold and to collect for the lots or sections; to collect all amounts due on lots or sections which have been sold and have not been paid, and all other outstanding debts due on account to the cemetery; to issue all permits directed to be issued; to keep all records of the cemetery; and generally to have supervision and charge over all matters pertaining to the cemetery.
(Code 1971, §§ 12-2, 12-3)
Cross reference— Town manager, § 2-76 et seq.
Sec. 22-28. - Burial space in north-south walkways of original blocks; obstruction of east-west walkways.#
The keeper of the cemetery is authorized and instructed to sell for burial purposes all remaining space in ten-foot walkways running north and south in the six original blocks of Lakeview Cemetery in which graves had been made as of April 7, 1930. In no case shall the six-foot walkways, running east and west be obstructed.§
(Code 1971, § 12-10)
Sec. 22-29. - Cutting and removal of trees—By individual.#
Before any tree shall be cut or removed in Lakeview Cemetery, a permit for cutting and removing of the tree shall be first obtained from the keeper of the cemetery, who shall, before giving such permit, obtain the approval of the building, property and cemetery committee for such cutting and removing. Such tree shall be cut and removed under the supervision of such keeper and at the expense of the person desiring such removal.
(Code 1971, § 12-11)
Sec. 22-30. - Same—By cemetery committee.#
The building, property and cemetery committee on its own motion may have cut and removed from Lakeview Cemetery any tree therein which such committee may deem proper and necessary to so cut and remove, after ten days' notice to the lot owner. The expense of such cutting and removal shall be borne by the town.
(Code 1971, § 12-12)
Sec. 22-31. - Permit required for tombstone, curbing, fence or other structures.#
No tombstone, slab, monument, curbing, fence or other enclosure shall be constructed or erected or any other work done on any lot or section in Lakeview Cemetery or other place therein, until a permit shall have been first obtained from the keeper of the cemetery for such purpose, which permit shall state the place where such monument, slab, tombstone, curbing, fence or other structure is to be located, and shall specify the height and size of such monument, slab, tombstone or other structure.
(Code 1971, § 12-17)
Sec. 22-32. - Charges for permits and annual or perpetual care.#
Charges for a burial or disinterment permit; a funeral director's permit for burial or disinterment; for digging and filling graves, both for adults and for children; for annual care for each lot or section; for perpetual care for each lot or section; for a permit for the erection of each monument or tombstone requiring a foundation or for the erection of a tombstone or slab requiring no foundation; for a permit for the erection of curbing or other enclosures around each section or lot, shall be in accordance with general regulations made and established by the council.
(Code 1971, § 12-18)
State Law reference— Funeral services, Code of Virginia, § 54.1-2800 et seq.
Sec. 22-33. - Height of fences around lots or sections.#
No fences or other enclosures around any lots or sections in Lakeview Cemetery shall be permitted to be erected which shall be more than 12 inches high.§
(Code 1971, § 12-19)
Sec. 22-34. - Injuring monument, curbing, trees, plants, or other property.#
It shall be unlawful for any person willfully to deface or otherwise injure any monument, tombstone, curbing, tree, shrub, plant, flower or other property in Lakeview Cemetery.
(Code 1971, § 12-21)
State Law reference— Trespass at night upon any cemetery, Code of Virginia, § 18.2-125; injuries to churches, church property, cemeteries and burial mounds, Code of Virginia, § 18.2-127.
Sec. 22-35. - Putting or placing rubbish, litter or trash.#
It shall be unlawful for any person to put or place rubbish, litter or trash on any section or lot, driveway or walkway in Lakeview Cemetery and allow the rubbish, litter or trash to so remain therein or thereon.
(Code 1971, § 12-22)
Cross reference— Solid waste, ch. 46.
Sec. 22-36. - Reserve fund.#
(a) All of the proceeds of the sale of perpetual care on lots, sections, or graves shall be set apart as a reserve fund and invested in such securities as executors, administrators, trustees, or other fiduciaries are authorized to invest in under the general laws of the state. The standard of judgment and care required in making such investments shall be the same as that required of fiduciaries under Code of Virginia, § 26-45.1. To such reserve fund any surplus funds which may accrue shall be added and so invested. The interest and income that may accrue shall be used for the maintenance and upkeep of the cemetery. An amount not to exceed one-half of the principal of the fund may be used for improvements, ornaments, or maintenance of the cemetery.
(b) The council may, in its discretion, employ some banking corporation which maintains a place of business within the state and has a trust department for the purpose of administering estates and trusts. The council may transfer to such banking corporation the reserve fund accrued and accruing as mentioned in this section, in trust for the purpose of investing such fund pursuant to the terms of this section. The council shall pay such banking corporation the reasonable and customary charges for such services. If such a banking corporation is employed, the council shall reserve the right to terminate any trust agreement or contract by giving reasonable notice, not exceeding 30 days.
(Code 1971, § 12-25; Ord. of 7-6-71)
Sec. 22-46. - Sale.#
(a) No lot or section in Lakeview Cemetery shall be sold except for burial of human remains in a casket and vault. Such sale shall be subject to all of the conditions prescribed in the certificate of purchase which shall be issued to each purchaser, and to all rules and regulations adopted for the conduct and government of the cemetery.
(b) No person, nor the members of his immediate family, shall be permitted to purchase more than an eight-grave section.
(c) All sales of cemetery lots are subject to the right of the town to have the first right of refusal to repurchase them at the same price.
(Code 1971, § 12-4)
Sec. 22-47. - Prices.#
(a) The lots, sections and single grave spaces in Lakeview Cemetery shall be sold at the following prices:
| Lot Type | Price |
|---|---|
| Eight-grave lots | $3,200.00 |
| Four-grave lots | $1,600.00 |
| Two-grave lots | $800.00 |
| Single grave lots | $400.00 |
(b) Charges for perpetual care shall be made with every sale of a cemetery lot.
(c) Charges for perpetual care shall be ten percent of the sale price for each lot.
(Code 1971, § 12-5; Ord. of 11-17-14)
Sec. 22-48. - Certificate of purchase.#
The certificate of purchase of a lot or section in Lakeview Cemetery shall be in the following form:
CERTIFICATE OF PURCHASE
OF LOT OR SECTION IN LAKEVIEW CEMETERY
BLACKSTONE, NOTTOWAY CO., VIRGINIA
No _____
Section or Lot _____
Block _____
Price $ _____
This is to certify that for and in consideration of ___________ dollars ($_____), the receipt whereof is hereby acknowledged ___________ of ___________ State of ___________ has purchased from the Town of Blackstone, Va., Section or Lot ___________ Block ___________ feet by ___________ feet in Lakeview Cemetery according to the maps or plats on file in the town manager's office, to be used only for burying persons in caskets and vaults, which lot or section is to be held and used subject to all rules and regulations now or hereafter adopted by the Town of Blackstone for the conduct and government of the cemetery.
All sales of cemetery lots are subject to the right of the town to have the first right of refusal to repurchase them at the same price.
In witness whereof the Town of Blackstone has caused its corporate name to be hereunto signed by its Mayor and its corporate seal hereto affixed and attested by the Clerk of its Council this _____ day of ________ 19___.
Town of Blackstone, Virginia
By _____
Mayor of Town of Blackstone
Attest:
Clerk of Council, Town of Blackstone.
(Code 1971, § 12-6)
Sec. 22-49. - Sale of single grave space.#
From time to time, as circumstances require, the keeper of the cemetery, with the approval of the building, property and cemetery committee, shall designate lots or sections in Lakeview Cemetery for the sale of single grave spaces.
(Code 1971, § 12-7)
Sec. 22-50. - Time within which purchased lots to be paid for.#
All lots purchased in Lakeview Cemetery shall be paid for within 12 months after such purchase.
(Code 1971, § 12-8)
Sec. 22-51. - Transfer of lots.#
The town clerk shall, upon the written request and proper endorsement of any legal and qualified owner of a cemetery lot in Lakeview Cemetery, transfer such lot on the books of the cemetery record to the new owner. A proper certificate shall be issued. No charge shall be made for this service.
(Code 1971, § 12-9)
DIVISION 3. - BURIAL; DISINTERMENT#
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State Law reference— Violation of sepulcher, Code of Virginia, § 18.2-126.
Sec. 22-61. - Permit required.#
Whenever it is desired to have a burial or disinterment in Lakeview Cemetery, a permit therefor shall be first obtained from the keeper of the cemetery. This permit shall specify the name, age and sex of the deceased, the time it is desired that such burial or disinterment shall take place and the section or lot and the place therein where it is desired that the grave shall be dug or disinterment made. No grave or disinterment shall be dug or had in the cemetery until such permit is issued.
(Code 1971, § 12-13)
Sec. 22-62. - Additional permit required for funeral director.#
No funeral director shall conduct any burial or disinterment in Lakeview Cemetery until he shall first have obtained a permit therefor from the keeper of the cemetery, which permit shall state the name, age and sex and late residence of the deceased.
(Code 1971, § 12-14)
Sec. 22-63. - Work to be done by keeper.#
Upon the issuance of a permit for burial or disinterment, the keeper of Lakeview Cemetery shall have such grave dug or disinterment made.
(Code 1971, § 12-15)
Sec. 22-64. - Burial prohibited before full payment for lot made.#
No burial shall be had in any lot or section in Lakeview Cemetery until such lot or section has been paid for in full.
(Code 1971, § 12-16)