TOWN OF ENFIELD

MUNICIPAL CEMETERIES

  

RULES & REGULATIONS

                                                                             

 

                                                                             

1.         DECLARATION OF POLICY:  The Trustees of Cemeteries of the Town of Enfield hereby ordain that the following rules & regulations are hereby established for the proper operation and use of municipal cemeteries in the Town of Enfield. The Trustees of Cemeteries recognize that the municipal cemeteries are sacred grounds reserved as a final resting place for the people of the Town and desire to have the cemeteries maintained in the best possible manner and firmly believe that these rules & regulations are necessary for the protection of lot and grave owners, and for the proper conduct and good order of the cemeteries.

 

2.         APPLICATION OF THE RULES & REGULATIONS:

 

            a)         These rules & regulations shall apply to any person, firm, corporation, association, club, partnership, society, or any other form of association or organization.

 

            (b)        The Enfield Trustees of Cemeteries upon its own motion, or upon recommendation of the Town Selectmen, for good cause shown, may modify, suspend, repeal, or amend the provisions of these rules & regulations in whole or in part. It is the intent of the Trustees of Cemeteries that if any portion of these rules & regulations are held to be invalid or unconstitutional, such invalidity shall not affect the validity of the remaining sections or parts.

 

3.         GENERAL REGULATIONS:  The following shall be the general rules & regulations for use of municipal cemeteries.

 

            (a)        CONDUCT IN CEMETERIES.  No person shall:

 

                        (1)        Enter a cemetery except through an established gate or entranceway.

 

                        (2)        Deposit rubbish or debris on cemetery grounds.

 

                        (3)        Pick or mutilate any flowers, either wild or domestic, or disturb any trees, shrubs, or other planted material.

 

                        (4)        Use the cemeteries as picnic grounds, or consume alcoholic beverages in a cemetery, or bring the same upon the premises.

 

                        (5)        Use any forms of advertising on cemetery premises.

 

                        (6)        Discharge firearms in any cemetery. This prohibition shall not apply to authorized volleys at burial services conducted by recognized military organizations or associations of the United States.

 

                        (7)        In any way injure or deface any monument, stone, fence or other structure, or property within any cemetery.

 

                        (8)        Allow any dog or other domestic animal to run at large within any cemetery.

 

                        (9)        Allow a child under the age of twelve (12) years in any cemetery unless accompanied by an adult.

 

                        (10)      Horseback ride within or through cemeteries expressly prohibited unless part of honor guard ceremony.

 

                        (11)      Hunt on cemetery property.

 

4.         TRAFFIC REGULATIONS:

 

            (a)        No persons shall operate or cause to operate any vehicle within a cemetery except on roads designed for that purpose, and no vehicle shall be driven at a speed in excess of five (5) miles per hour upon any roads within municipal cemeteries.

 

            (b)        No persons shall enter any cemetery with a loaded truck, except the Grounds Keepers, unless permission has been received from the Trustees of the Cemetery or Grounds Crew.

 

            (c)        No person shall unload any stone, dirt or other material from trucks in any cemetery, except the Grounds Keepers in the normal discharge of their work.

 

            (d)        Any person operating a vehicle within any cemetery shall be subject to all of the traffic laws of the Town of Enfield and State of New Hampshire.

 

5.         ESTABLISHMENT OF CEMETERIES:

 

            (a)        The Trustees of Cemeteries shall have the final authority for the establishment of cemeteries within the corporate limits of the Town of Enfield, and shall, as the need arises, set aside new ground areas for this purpose.

 

            (b)        EXISTING CEMETERIES.  The following first eighteen named existing cemeteries shall be deemed to have been established as municipal cemeteries:

 

1.   Adams

2.   Burnham

3.   Butman

4.   Choate

5.   Countryside

6.   Day

7.   Enfield Center

8.   Follensbee

9.   George Hill

10. Lakeview

11. Lockehaven

12. Marston

13. Mont Calm

14. Morse

15. Paddleford

16. Purmort

17. Small Shaker

18. Town

19. Whittemore

 

 

 

                        MUNICIPAL, BUT NOT LOCATED

 

20. Colby

21. Fox

22. Old

23. Williams

 

 

 

                        PRIVATE AND NOT MAINTAINED BY TOWN

 

24. LaSalette

25. Shaker

26. Oak Grove

27. Walker

 

 

           

            (c)        PLANNING BOARD TO REVIEW.  The preliminary plan and layout of new cemetery land areas shall be submitted to the Planning Board for review and approval. Upon approval, the Planning Board shall advise the Trustees of Cemeteries of its approval with recommendation for adoption.

 

            (d)        PLATTING OF CEMETERIES.  Before any new land is opened for cemetery use and the sale of lots the Trustees of Cemeteries shall have such land area laid out showing the system of streets and avenues, and a numbered system of lots; and results thereof to be recorded with the Grafton County Registry of Deeds.

 

            (e)        LOT SIZE ESTABLISHED.  Lot sizes for municipal cemeteries are hereby established as follows:

 

                        (1)        Each single grave = 4' X 11' or 44 square feet.

 

                                    Single grave lot sections shall be established within cemetery areas for those persons desiring single graves, and for the use of the Town for burial of indigent persons.

 

                                    In the case of cremation interment, the following guidelines shall apply:

 

                        (2)        Minimum purchase is one (1) grave space.

 

                        (3)        Maximum number of cremation type interments shall be four (4) per grave space, except in the case of combining full and cremation burials in which only one of each per grave will be allowed.

 

6.         PURCHASE OF LOTS:

 

            (a)        CONDITION OF LOT PURCHASES.  Lots purchased in the laid out sections of cemeteries of the Town of Enfield shall be conveyed by special deed for burial purposes only, and shall be subject at all times to the provisions of the Town rules & regulations and applicable State Laws.  Lots at Lockehaven Cemetery will be sold as cremation only lots.

 

            (b)        Lots shall be sold only to residents of Enfield, except by approval of the three Enfield Cemetery Trustees.

 

            (c)        PURCHASE PROCEDURE.  Lots in Lakeview or Lockehaven cemeteries of the Town of Enfield may be selected and purchased from the Town Office, and payment for lots purchased shall be made at the Town Office. When Countryside Cemetery is opened, lots must be purchased in consecutive order only.  Such purchases shall be evidenced by a deed prepared by the Town Office and signed by two of the three Trustees of Cemeteries. Such deed shall state the name of the purchaser, purchase price, amount paid, name of cemetery, lot number(s), grave number(s) and section in which located. Perspective purchasers with the immediate need for a grave space may, for the purchase of that single grave, pay for it within a period of ninety (90) days subject to approval by one of the three Cemetery Trustees. In the event that a prospective purchaser may wish to buy more than one grave, or to purchase graves in a pre‑need situation, full payment is expected before such ownership is evidenced.

 

            (d)        RECORD OF CEMETERIES AND PURCHASE OF LOTS.  The keeping of records of the cemeteries of the Town of Enfield shall be the responsibility of the Town Office. (the Trustees of the Cemeteries to receive copies of all sales, transfers and burials) All maps showing laid out sections of each cemetery, records of lot ownership and burials shall be kept by the Town Office. Copies of the deeds conveyed for lot purchases shall be recorded by the Town Office in both a book provided for this purpose and on the Town computer system.

 

            (e)        TRANSFER OF LOTS.  No transfer or assignment of a lot shall be made by any owner without the express approval of the Trustees of Cemeteries, and all transfers, upon approval, shall be made by the Town Office and recorded in the cemetery records. The following fee is required by the Town to accommodate such deed transfers:

 

                        $10.00 for each transfer

 

            (f)         CHARGE OF LOTS.  The following price is hereby established as the purchase price, the full amount to go to the CEMETERY MAINTENANCE TRUST FUND.

 

 

                        EACH SINGLE FULL SIZE GRAVE LOT  $300.00, which includes continuing care and maintenance.

 

                        For information pertaining to cremation burial and lot size required refer to Section 5 (e).

 

7.         CEMETERY MAINTENANCE.

 

            (a)        RESPONSIBILITY OF THE TOWN.  The general maintenance of the cemeteries and grounds, designed to improve and maintain their appearance and condition, shall be the responsibility of the Town. It shall include such items as the upkeep of drives, buildings, fences, spring and fall cleanup, raking of leaves, and the general periodic mowing of grass. Cemeteries will be cleared of all flowers, artificial or natural, on April 1st and October 1st, for a period of one month, each year. Any person wishing to retain their plants, flowers or pots (cement pots excluded) shall remove them prior to those dates.

 

            (b)        PLANTING TREES OR SHRUBS PROHIBITED.  No trees or shrubs shall be planted in any lot in any municipal cemetery by any person or persons, except Grounds Keepers under the direction of the Trustees.  Existing trees or shrubs may be removed by the Grounds Keepers if detrimental to the maintenance of lots. All natural flowers and plants shall be potted in containers readily movable for maintenance operations. Any plants or flowers permanently planted may be removed and disposed of by the Grounds Keepers. Flowers are to be set on one side of the monument (the side where the family name is engraved) and twelve (12) inches from the stone.  Veterans flags are to be set beside the monument only.

 

            (c)        GRADING AND CARE OF LOTS.  All grading of lots shall be done by the Grounds Keepers.  No person shall do any grading causing the surface of the ground to be raised above the existing height of the surrounding area.  Only a licensed contractor shall discharge any chemical or organic fertilizer, herbicide or other substance on any lot.

 

            (d)        CURBING AND FENCING.  No curbs or fences shall be permitted around any individual lot or group of lots.

 

            (e)        MONUMENT AND MARKERS.  All municipal cemeteries shall be permitted to have monuments, markers and corner stones of such dimension and material as shall be approved by the Trustees of Cemeteries.  All reference to "Monuments" is to mean monumentation of a permanent nature that protrudes above the lawn surface. All such monumentation requires a concrete foundation (refer to Section 7 (f). The intent of this section is to allow only one (1) above ground monument per owner’s lot (grave or group of graves). All cornerstones, grass markers, and markers shall be set flush with the lawn surface (so that no part shall protrude above the surface of the ground). In the event that the preceding rule is not observed, the Trustees of Cemeteries shall notify the lot owner, in writing, concerning the deficiency and advise a date corrective action must be taken, after which time the marker in violation may be pulled pending correct placement. Any work done by Grounds Keepers to correct above deficiency will be billed at $50.00 an hour.

 

            (f)         MONUMENT FOUNDATION AND MARKER SETTING.  Foundations for monuments shall be constructed of concrete by the Grounds Keepers. Those requesting foundations shall make the request in writing stating the location of the lot and size of foundation desired, both of which are subject to 7 (e). They shall also provide proof of ownership.

 

                        Charge for foundations for monuments shall be:

 

                        $150.00 for those up to 30 cubic feet.

                        $5.00 for every cubic foot over 30 cubic feet.

                        The charge for setting cornerstones shall be $2.50 each.

                        The charge for setting footstones shall be $25.00.

 

8.         BURIALS:

 

            (a)        CONDITION FOR BURIAL.  No burial shall take place without a burial permit from the Town Office and all conditions of laws and rules & regulations having been complied with.

 

            (b)        PREPARATION OF GRAVE.  This shall be the responsibility of the funeral director handling the funeral and will include artificial grass, burial vaults and lowering device.

 

            (c)        WINTER BURIALS.  The Grounds Keepers will open graves for burial from April 15 to November 15, weather and other circumstances permitting. In case circumstances are such that burial cannot be made, temporary interment shall be the responsibility of the funeral director.

 

            d)         BURIAL RATES.  The Town of Enfield burial rates shall be as follows:

 

                        Weekday Full Burials                                      $250.00

                        Saturday Full Burial until 1 p.m. $350.00

 

                        Weekday Cremation Burial                             $  75.00

                        Saturday Cremation Burial until 1 p.m.            $125.00

 

                        PLUS RATES.  Overtime charges will be levied for any services the Grounds Keepers cannot commence by 3:00 P.M. ($50.00 per hour for each hour or part thereof).

 

            (e)        BURIALS ON SUNDAYS OR LEGAL HOLIDAYS are allowed only with the written permission of two (2) Cemetery Trustees.

                        Legal holidays include:

 

                        (1) New Years Day, (2) Civil Rights Day, (3) Presidents Day, (4) Memorial Day, (5) July 4, (6) Labor Day, (7) Columbus Day, (8) Veterans Day,

                        (9) Thanksgiving, (10) Christmas and any other holiday honored by the Town of Enfield.

 

            (f)         TOWN NOT RESPONSIBLE.  Neither the Town of Enfield, the Trustees of Cemeteries nor the Grounds Keepers shall be responsible for errors in location of graves on lots arising from improper instructions from persons making arrangements. In all cases, orders for grave openings shall be communicated to the Trustees of Cemeteries or Town Office in writing. Orders from funeral directors shall be construed as orders from owners.

 

            (g)        OUTSIDE BURIAL.  In matters pertaining to burials coming into the Town from outside agencies, unless the exact lot and grave location is ordered with sufficient identification to the satisfaction of the Trustees of Cemeteries, the body will remain with the outside agency pending proper arrangements at family's expense.

 

            (h)        PERMANENT OUTSIDE CONTAINERS.  In all interments, cremation or full, the remains shall be enclosed in a permanent outside container and shall be installed under the supervision of the Trustees of Cemeteries personnel. The owner of the lot or his agent shall provide the container. The following are considered permanent outside containers:  concrete boxes with one piece vault cover, copper or steel vaults, ceramic cremation urns encased in a concrete container, or any material made to withstand the elements of burial.

 

            (i)         The Town of Enfield has no provision for entombment. Arrangements must be made through a funeral director.

 

9.         CARE OF LOTS:

                                                                             

            (a)        The monies from the sale of all cemetery lots sold after the effective date of these rules & regulations will go into a Cemetery Maintenance Trust Fund.  The monies are used for care and maintenance of all municipal cemeteries or left in the Trust to increase the Trust Fund. (Burial and lot transfer fees and foundation costs are paid to the Town.)

 

            (b)        DEFINITION OF CARE AND MAINTENANCE.  The care and maintenance of lots shall include the mowing and trimming of grass at reasonable intervals, the raking and cleaning of lots, the grading and seeding of lots, maintenance of cemetery fences and gates, repair of grave markers and the upkeep of drives and buildings.

 

                        Repair of damages to individual grave tablets or monuments, or cleaning of same, are the responsibility of the individual lot owners or their heirs or assigns.

 

            (c)        BURIAL OF INDIGENTS.  The Town will provide space and maintenance of a section for single grave lots for burial of indigents.  However, no above­ ground monumentation will be allowed until such lot has been paid in full.

 

10.       PENALTY FOR VIOLATION.  Unless otherwise provided by State law pertaining to cemeteries or burial of the dead, a maximum fine of fifty dollars ($50.00) plus restitution of damages shall be imposed upon any person violating the provisions of this rules & regulations.

 

11.       EFFECTIVE DATE:  These rules & regulations shall become effective January 1, 1996.

 

12.       REVISED:  10 September 2002