A By-Law of the Village of Alix, in the Province of Alberta, to provide for the control, care and regulating the use of the Alix I Cemetery.

Transcription

1 BY-LAW NO 384/09 A By-Law f the Village f Alix, in the Prvince f Alberta, t prvide fr the cntrl, care and regulating the use f the Alix I Cemetery. Whereas, the Cuncil f the Village f Alix, in the Prvince Alberta, deem it wise, equitable and practical t regulate the use f the Alix Cemetery, and WHEREAS,the Cuncil f the Village f Alix in the Prvince f Alberta wishes t maintain and keep the cemetery grunds in a sightly manner, and WHEREAS, the Municipal Gvernment Act, RSA 2000 authrizes Cuncil t set regulatins gverning cemeteries, and NOW THEREFORE, prvince f Alberta, the Cuncil f the Village f Alix in the in Cuncil duly assembled, enacts as fllws: 1. SHORT TITLE AND DEFINITIONS 1.1 This By-Law shall be knwn and may be cited as the "Cemetery By-Law" f the Village f Alix. 1.2 In this By-Law unless the cntext therwise requires, definitins shall be: ~ CEMETERY means all cemeteries perated by and under the cntrl f the Village f Alix. b) COUNCIL shall mean the Municipal Cuncil f the Village f Alix. c) COUNCILORS mean the Cuncilrs f the Village f Alix. d) COMMITTEE means the Cemetery Cmmittee whse members are appinted by the Village f Alix Municipal Cuncil. e) VILLAGE means the Village f Alix. f) PLOT. BLOCK, AREA means: i) Plt - full burial 3' X 8' - crematin 2' X 2' Full Burial(casket and rugh bx) Crematin Burial (urn cntaining human ashes) Full Burial Plt - space fr: - ne full burial tw full burials if a duble dig fur crematin urns ne-full burial and tw crematin urns Crematin Plt space fr: tw crematin urns ii) Blck - eight plts iii) Area - a larger sectin f plts r blcks: as shwn fr each n a plan f the cemetery n recrd in the ffice f the Village Alix. g) MEMORIAL TABLET means a structure f brnze, marble r granite r ther material apprved by the Village fr memrial purpses placed n any grave r plt level with the surrunding grund. ''" cc, ~ E u, II

2 ~ MONUMENT means a structure f brnze, marble r granite r ther material apprved by the village which prjects abve the level f the surrunding grund. i) VAULT means a permanent, free-standing fr string human bdies that have embalmed until time f burial. structure designed been cremated r j) Village shall mean the village f Alix, a Municipal Crpratin within the Prvince f Alberta. 2. GENERAL PROVISIONS 2.1 All the pwers granted t shall be subject t the Cuncil. the Cmmittee by this ByLaw supervisin and cntrl f 2.2 The Village shall have charge f the cemetery and shall exercise cntrl ver all persns emplyed therein. 2.3 The Chief Administrative Officer r his designate f the Village shall be respnsible fr the sale f lts in the cemetery, the keeping and making f all recrds required by law r such ther recrds and plans as may be rdered by the Cuncil and fr the cllecting f all fees and charges in cnnectin therewith. 2.4 All persns wh purchase plts shall be held respnsible fr the cst theref and fr all charges in cnnectin therewith. 2.5 Any cemetery plt that has been reserved and f which the Village has nt received payment within tw mnths frm the date f being reserved may revert back t the Village fr resale. Cemetery plts reserved may be resld by the purchaser but such transactin must be reprted t the Village Presale f plts will nly be authrized f r spuse r immediate family members f an interned individual. 2.6 N vehicle shall travel thrugh the cemetery at a greater rate f speed than ten kilmeters per hur. 2.7 N persn shall ride r drive a vehicle n any prtin f the cemetery nt designated as radway r parking lt. The wner f any vehicle shall be respnsible fr any damage dne by such vehicle. 2.8 Any persn requiring vehicle access t the Alix cemetery must btain a key frm the Village Municipal Office. 2.9 N persn shall destry, damage, deface r write upn any mnument. memrial tablet r.ther structure r bject in the cemetery The general regulatins gverning the cemetery shall apply t the Vault. Only Village persnnel shall have access t the Vault key The Village shall have the right cemetery any persn wh disturbs the f the cemetery whether by nisy r therwise. t remve frm the quiet r gd rder imprper cnduct r 2.12 Ntices required t be given t any persn under this By- Law may be given either verbally r in writing by the Village Office. If required t be in writing a ntice mailed pstpaid t the last knwn address f such a persn shall be deemed sufficient ntice t that persn.

3 3. MONUMENTS 3.1 All persns emplyed in the cnstructin f burial vaults, erectin f mnuments r ding ther wrk in the cemetery whether emplyed by the Village r nt shall be subject t the directin and cntrl f the Cmmittee. 3.2 All persns emplyed in the cnstructin f mnuments and the erectin f mnuments shall be required t purchase a wrk permit frm the Village prir t cmmencing wrk. 3.3 N persn r persns may erect r cause t be erected, any enclsure r railing arund a cemetery plt, blck r area. 3.4 Any existing enclsures r railings must repair and in a sightly cnditin r such railings may be remved by the Village. be kept in enclsures r 3.5 N cvering r slab shall be placed ver any plt in Phase III f the Alix Cemetery. 3.6 Any mnument, r memrial tablet being placed ver any plt shall first meet the apprval f the Village and such placements may be made nly after permissin has been granted by the Village. 3.7 Placement r erectin f memrial tablets r mnuments are the respnsibility f the parties cncerned but the placing r erectin theref shall be at the directin f the Village. 3.8 Bases f mnuments, and memrials must be at least six inches wider than the widest prtin f the stne and f sufficient depth t supprt the weight being impsed theren, and the tp f the base must be level with the surface f the surrunding area. 3.9 In a full burial plt with an existing mnument, additinal crematin burial mnuments must be a brass plaque n a grund level cement pad abutting the e x L sting mnument at the head f the grave n the eastward side. In a full burial r crematin plt withut an existing mnument ne large mnument t accmmdate all the names r a grund level cement pad with memrials that d nt exceed 6" in verall height Any existing slab r cvering in a brken r unsightly cnditin may be remved by the Village n rders f the Cuncil and the cst f such remval may be charged t the wner f such plt r his r her next f kin Any brken r unsightly cvering r enclsure n plts whse wners cannt be identified may be remved by the Village N persn shall plant any trees, shrubs, plants, r perennials n any plt Upn Apprval f Cuncil trees may be planted in designated areas f the cemetery designated by the Village If in the pinin f the Cmmittee any existing trees, shrubs, plants r perennials n any plt becme detrimental t adjacent plts, walks r driveways, r prejudicial t the general appearance f the grunds, the Cmmittee shall have the right t rder the wner t remve such trees, shrubs, plants r perennials. If the wner cannt be identified r des nt carry ut the rder in a reasnable length f time the Village may carry ut the rder as stated.

4 4. INTERMENTS 4.1 All applicatins fr burials shall be made at least frtyeight hurs befre the time f interment. 4.2 N burial shall be permitted in the Cemetery unless, and until. there shall have been prduced and shwn t the Village, a Burial Permit issued by the prper fficial f the Prvince f Alberta r such ther written authrity as may be required frm time t time under the laws f the Prvince f Alberta. 4.3 The Village r any emplyee theref shall nt be respnsible fr any mistake resulting frm lack f precise r prper instructins regarding the grave space in a plt where an internment is t be r has been made, r fr damage resulting t any persn thereby. 4.4 The bdy f a persn shall nt be interred in the same grave in which a bdy has previusly been interred unless the first bdy has been buried at a depth f at least eight feet frm the surface f the grund t the bttm f the grave. 4.5 Tw urns shall be allwed t be buried in a casket has been previusly interred prvided buried t a depth f at least tw feet. plt which a they can be 4.6 Tw urns are permissible per crematin plt n the apprval f the village. 5. DISINTERMENT,I 5.1 Upn receipt f a permit frm the Prvincial Medical Officer by the funeral hme the Village will re-pen a grave site fr remval f the casket r urn by the funeral hme. 5.2 N bdy shall be disinterred frm any grave withut a written rder frm the wner f such grave and withut such wner having first prduced a permit r such disinterment frm the prper fficial frm the Prvince f Alberta. 6. FEES 6.1 Fees shall be set by reslutin f Cuncil. 6.2 A wrk permit fee shall be in accrdance with Schedule "B attached, which frms part f this Bylaw. E LL

5 7. PENALTIES 7.1 Any persn wh destrys, damages, defaces r writes upn any mnument r memrial tablet r ther structure r bject in the cemetery in cntraventin f Sectin 2.9, General Prvisins, f this By-Law shall be guilty f an ffence, and liable upn summary cnvictin t a fine f nt less than $ and t a ttal fine f nt mre than $ plus all csts f restratin and in default f payment t imprisnment fr a perid nt exceeding six mnths. 7.2 Any persn wh is guilty f an ffence under this Bylaw fr which a penalty is nt therwise prvided is liable upn summary cnvictin t a fine f nt less than $ and nt mre than S 1, and in default f payment t imprisnment fr a perid nt exceeding 30 days. 7.3 Ntwithstanding the freging, a persn charged with an ffence under this By-Law may make a vluntary payment at the Village Office at any time up t 10 days after the date the ffence ticket is issued and in such case, prsecutin fr the ffence will nt prceed. 7.4 The vluntary payment shall be as fllws: i) ii) iii) frafirstffence in a calendar year, fr a secnd ffence in a calendar year, fr a third r subsequent ffence in year, $ $ S a calendar 7.5 Where an alleged ffender has made payment under this By- Law and is prsecuted under a summns issued fr the ffence in respect f which such payment has been made, such payment will be refunded. 7.6 If an alleged ffender des nt pay the penalty amunt, then such persn may, by summns, be required t appear in Curt and shall be liable n summary cnvictin t pay a minimum fine equal t the penalty amunt plus Curt csts. 8. SEVERABILITY 8.1 Shuld any sectin r part f this Bylaw be fund t have been imprperly enacted r ultra vires, fr any reasn, then such sectin r part shall be regarded as being severable frm the Bylaw and the Bylaw remaining after such severance shall be effective and enfrceable as if the sectin fund t be imprperly enacted had nt been enacted as part f this Bylaw. 9. REPEAL OF PREVIOUS BYLAWS, AMENDMENTS AND SCHEDULES: 9.1 BYLAW NUMBER #239/95 Cemetery Bylaw and BYLAW NUMBER 287/98 - Amendment t Cemetery Bylaw #239/ EFFECTIVE DATE This By-Law shall cme int frce and effect n final reading theref. Read a first time this 17 day f June, L' Read a secnd time this 1-; day f "JlA~e:: Read a third time this I f day Of~NS F '" u, Mayr CAO

6 "SCHEDULE A" Fee Schedule Tax Certificates (requested by persns nt wing the prperty) Tax Certificates (requested by registered wner) n charge Cmpliance Certificates (requested by persns nt wning the prperty) ~ IOO.IP Cmpliance Certificates (requested by registered wner) n charge N.S.F. Cheque Cpies f minutes r bylaws (After ne mnth f passing) Rental f ld tables frm Cmmunity Hall Rental f ld chairs frm Cmmunity Hall Campgrund Rental per stall per night Mnthly Campgrund Rental Cmmunity Hall Rental Including kitchen and hall Including kitchen, hall and bar Funeral service nly, n lunchen Funeral service, with lunchen Full weekend including kitchen and hall Friday night, Saturday and Sunday Full weekend including kitchen, hall and bar Damage-Depsit Pp canisters Alix. Fire Hall Meeting Rm Grups "under the Village umbrella" 'Under the Umbrella': an rganizatin which is cntrlled, directed, gverned r under the supervisin f the Village f Alix Cuncil Pins Village Phts Cemetery full burial plts Cemetery crematin burial plts Open and clse fr crematin burials Wrk Permits fr Mnument Cmpanies Grazing Tax Lien per page 1.00 per table.50 per chair per stall per stall per day per day per weekend per weekend e$h per use n charge 3.00 including G.S.T including G.S.T per plt per plt per burial per plt per permit $50.00 per prperty

7 Schedule "B". Cemetery Wrk Permit Date: Fee: $25.00 Name f Cmpany: Cntact Persn: Address: Phne: Plt Descriptin: The hlder f this permit agrees t cmplete the necessary wrk in an expedient and cnscientius manner. The wrksite is t be left cmpletely level and clear f debris. All wrk must be cmpleted by 4:00 p.m. f the abve date n this permit, The hlder f this permit assumes any r all risk invlved and abslves and saves harmless the Village f Alix r any f its emplyees f any liability. I have read, understand and agree t the abve cnditins: