Chapter 12.28 FIR RIDGE CEMETERY

The town of West Yellowstone established a cemetery for the burial of the human dead to be known as the Fir Ridge Cemetery, and control thereof is assumed by the town, and the same shall be governed, managed and controlled as provided by this chapter. (Ord. 270 Exh. A (part), 2020: Ord. 76 §1, 1978)

12.28.020 Boundaries.

The Fir Ridge Cemetery shall be composed of that certain tract or tracts of land lying north of the town now owned, controlled and used by the town for the burial of the human dead, together with such other tracts of land as the town may hereafter acquire. (A plat of the tract being attached to this chapter and by this reference made an integral part of the ordinance codified in this chapter.) (Ord. 270 Exh. A (part), 2020: Ord. 76 §2, 1978)

12.28.040 Deposits for ornamentation.

Any person may deposit funds with the town’s finance department for the purpose of being used and expended by the board of trustees or the town in and about the care or ornamentation of the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §14, 1978)

12.28.050 Town’s finance department--Duties--Accounts.

It shall be the duty of the finance department to receive monies payable to the cemetery, from whatever sources derived. (Ord. 270 Exh. A (part), 2020: Ord. 76 §3, 1978)

12.28.060 Cemetery superintendent--Duties--Burial register.

It is the duty of the cemetery superintendent and town clerk to keep a register of and to make out burial permits. The register and the burial permits shall indicate the date of each interment in the cemetery, the lot and block in which such interment is made, and when they can obtain the same, the name, age, sex, and time and place of death of the person interred. (Ord. 270 Exh. A (part), 2020: Ord. 76 §4, 1978)

12.28.070 Cemetery superintendent--Activity report.

It shall be the duty of the cemetery superintendent or town clerk, at any regular meeting of the board, to make a report to the board of trustees of the number of all interments or disinterments made in the cemetery during the time for which such report is made, and this report shall be recorded in the minutes of the meeting. (Ord. 270 Exh. A (part), 2020: Ord. 76 §5, 1978)

12.28.080 Purchase of lots--Application.

Whenever any person shall desire to purchase any lot in the town cemetery, they shall make application thereof to the town clerk, who shall, without fee or charge, deliver to such person a copy of the application stating the lot and block to be purchased. The person named in the application will be entitled to a conveyance of such lot upon payment of the designated value of the lot within thirty days from the date of such application to the town clerk. The town clerk shall transmit such funds to the finance department. (Ord. 270 Exh. A (part), 2020: Ord. 76 §6, 1978)

12.28.090 Purchase of lots--Receipts.

Upon receipt of payment of the designated value of the cemetery lot stated in the application, the town clerk shall issue a receipt in duplicate. One copy of the receipt shall be retained, and the other copy shall be delivered to the person presenting such application. All collected funds shall be transmitted to the finance department. The town clerk shall, within thirty days from the date of the above-named receipt, present a conveyance describing the grave lot and block. The town clerk shall execute the same and mail to the person named on the conveyance. A separate record shall be kept on all conveyances executed stating the purchaser’s name, the lot and block and the amount paid for the same. (Ord. 270 Exh. A (part), 2020: Ord. 76 §7, 1978)

Article II. FUNDS

12.28.100 Cemetery fund.

The town council shall by resolution set the fee schedule for lot fees, burial fees and all other related fees. All monies received from the sale of lots in the cemetery and all monies received from all other sources in any manner connected with such cemetery or cemetery property, or from taxes levied for cemetery purposes, shall be transmitted to the finance department, and shall be deposited into a fund to be known as the cemetery fund. Additional funds may also be appropriated from the town’s general fund for cemetery purposes. The cemetery fund shall not, nor any part thereof, be loaned to any other fund of the town, nor used or appropriated for any purpose whenever, other than in and about the care, management and improvement of the cemetery and cemetery property of the town. (Ord. 270 Exh. A (part), 2020: Ord. 76 §8, 1978)

12.28.110 Perpetual care fund--Created.

In addition to the regular cemetery fund, there is created a fund which shall be known as the perpetual care fund. (Ord. 270 Exh. A (part), 2020: Ord. 76 §9, 1978)

12.28.120 Perpetual care fund--Use of monies.

A. The money in the perpetual care fund, or monies received from investments of the perpetual care fund, shall be used for the care, maintenance and expansion of the town cemetery, and then only after all other monies in the regular cemetery fund are exhausted, and only when, in the opinion of the board of trustees it shall be necessary to so use the monies.

B. Funds placed in the perpetual care fund shall not, nor shall any part thereof, be loaned to any other fund of the town, nor used or appropriated to any purpose whatever other than for cemetery purposes, and then only as the board of trustees shall direct. (Ord. 270 Exh. A (part), 2020: Ord. 76 §10, 1978)

12.28.130 Perpetual care fund--Deposits.

The perpetual care fund shall be made up of all monies deposited in the fund by the finance department, and the board of trustees are authorized to direct the finance department, from time to time, to deposit in the perpetual care fund such funds as shall remain in the regular cemetery fund over and above the current needs of the board in the operation of the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §11, 1978)

12.28.140 Perpetual care fund--Investments.

The town shall have the full right and privilege, with the consent of the board of trustees, to invest monies for the perpetual care fund, in any solvent financial institution in the county where the town is located. (Ord. 270 Exh. A (part), 2020: Ord. 76 §12, 1978)

12.28.150 Accounts of cemetery funds.

It shall be the duty of the finance department of the town of West Yellowstone to keep an accurate account of the funds of the cemetery, crediting them with all monies received and charging them with all payments made on their account. (Ord. 270 Exh. A (part), 2020: Ord. 76 §13, 1978)

Article III. RULES AND REGULATIONS

12.28.160 Generally.

The rules and regulations in this article are established for the Fir Ridge Cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(part), 1978)

12.28.170 Purpose of cemetery.

The grounds of the Fir Ridge Cemetery are devoted to the interment of the human dead, and a strict observance of the decorum which should characterize such a place will be required. All lots are held as burial places for the human dead and for no other purpose, and the entire cemetery, excluding roadways, shall be left in a natural condition. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(1), 1978)

12.28.180 Hours.

The hours of visitations and burials shall be from sunrise to sunset. There may be limited access to the cemetery during the winter months. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(2), 1978)

12.28.190 Roadway regulations.

Motorized vehicles pulling trailers exceeding a total length of thirty-five feet will not be allowed within the cemetery grounds. All other vehicles/modes of travel including, but not limited to, horses, snowmobiles, cross-country skis, ATV/UTVs and on/off-road motorcycles shall be restricted to established roadways and shall not exceed a speed of ten miles per hour. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(3, 4), 1978)

12.28.200 Dogs at large.

Unleashed dogs will not be allowed within the cemetery grounds. (Ord. 270 Exh. A (part), 2020: Ord. 137 §7(part), 1989; Ord. 76 §16(5), 1978)

12.28.210 Alcoholic beverages.

Consumption of alcoholic beverages of any kind will not be allowed within the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(6), 1978)

12.28.220 Firearms.

Possession or discharge of firearms will not be permitted except at military funerals or approved events. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(7), 1978)

12.28.230 Employee gratuities prohibited.

Town employees and attendants of the cemetery are not permitted to receive gratuities from visitors. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(8), 1978)

12.28.240 Damaging property.

All persons are prohibited from disturbing or damaging graves or gravesites, including any flowers, vegetation, or ornaments. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(9), 1978)

12.28.250 Expulsion from grounds.

The cemetery superintendent or designated town employee may expel or refuse the admission into the grounds of persons who may violate any of the rules of the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 137 §7(part), 1989; Ord. 76 §16(10, 11), 1978)

12.28.260 Right of entry.

The board of trustees or the town shall have the right to enter in or upon any lot and make such improvements as they may deem for the best advantages of the cemetery. Lot owners shall not change the grade of lots or interfere in any way with the general plan of the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §12, 1978)

12.28.270 Ornamentation, decoration and shrubbery.

A. No tree or shrub within the border of any lot or lots shall be planted, removed or destroyed without the consent of the town. The board or town shall have the right at any time to enter upon any lot and cut down or remove any such tree, shrub, or parts thereof, as they may deem detrimental to the grounds, unsightly or inconvenient to the public or to the adjacent lots.

B. After the first frost, flowers and plants that have become deteriorated will be removed.

C. Due to breakage, the use of glass jars or glass vases is prohibited. Flower boxes are also prohibited.

D. Floral designs or other decorations will be removed from lots as soon as they become wilted or unsightly.

E. Artificial decorations will be permitted, but shall be removed within seven days of placement in the cemetery. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(13--17), 1978)

12.28.280 Monuments.

A. In keeping with the natural surroundings and environment, all monuments shall not exceed the ground level in height. No above ground vaults, crypts, or mausoleums shall be allowed.

B. Before any monument, headstone, or marker is set or erected at the Fir Ridge Cemetery, a permit shall be secured from the town clerk for a fee as determined by resolution of the town council. Separate permits shall be secured for each monument, headstone or marker to be erected. Before any work commences on placement of said monument, headstone or marker, the permit must be presented for review and approval by an authorized representative of the town government. Site location of said monument, headstone or marker must be approved and verified before placement by the cemetery superintendent. Cemetery personnel must be given a period of at least forty-eight hours in which to verify and mark the location of the monument, headstone or marker at the Fir Ridge Cemetery.

C. All monuments, headstones or markers shall be properly encased in a six-inch concrete ring so that the dimensions of the finished size of the monument are as follows: Each monument, headstone or marker shall not exceed a maximum of three feet in length by thirty inches in width per lot; provided, however, that no more than two adjoining lots may be represented by one monument, headstone or marker not exceeding in size six feet long by thirty inches wide; provided, further, that in cases provided for in Section 12.28.300(G), monuments, headstones or markers may be up to fifty-four inches long and thirty inches wide. The head of the north/south aligned lots shall be at the north end. Monuments, headstones or markers will be placed so that a person reading the monument, headstone or marker is facing north. The head of all east/west aligned lots shall be at the west end. Monuments, headstones or markers shall be placed so that a person reading the monument, headstone or marker is facing west; except that in blocks 28 through 32 of the east/west aligned lots, monuments, headstones or markers shall be placed so that a person reading the monument, headstone or marker is facing east. Only one monument, headstone or marker will be permitted on an owner’s lot and such monument, headstone or marker shall be placed at the head of the lot and centered as nearly as practicable. (Ord. 270 Exh. A (part), 2020: Ord. 157 (part), 1993; Ord. 104 §1, 1984; Ord. 76 §16(18, 19, 20), 1978)

12.28.300 Arrangements for interments.

A. Arrangements for an interment shall be made at least forty-eight hours in advance of the time set for the funeral service, otherwise the management cannot guarantee to have the grave ready for burial. In all cases, the specifications of the box or vault to enclose the casket must be sent to the town clerk at least forty-eight hours prior to interment. The time for the funeral must be so arranged that the grave may be properly filled and all surplus ground removed.

B. No interments will be permitted on Sunday or on any legal holiday as determined by the town.

C. The law requires a burial transit permit if the deceased has crossed state lines or is not a resident of Montana in order to be interred. This permit must be presented to the cemetery superintendent before interment or for the burial of cremains.

D. The purchase price of the lot being used and the cost of preparing the grave for burial must be paid in advance to the town clerk. Directions for all interments will be forwarded to the cemetery superintendent by the town clerk.

E. Lot owners shall not allow interments to be made in their lots for renumeration.

F. All interments and disinterments shall be made only by authorized representatives of the town, and all graves must be dug a maximum of five feet deep, except as otherwise permitted in this chapter.

G. No double burials will be allowed, nor two in the same grave, except in the case of a mother and infant child, two infants or two members of an immediate family when one body has been cremated.

H. The town and board of trustees may designate particular lots or blocks in the cemetery for the exclusive interment of cremated remains. Lots and blocks so designated may contain the cremated remains of either one person or two immediate family members, but shall have only one monument, headstone, or marker in accordance with Section 12.28.280.

I. No disinterments shall be made except by permission granted by the town, based on a request from the lot owner, the next of kin of the deceased, or a court order.

J. Ashes of cremated bodies shall be placed in suitable containers and buried not less than two feet deep. (Ord. 270 Exh. A (part), 2020: Ord. 217 §1, 2005: Ord. 76 §16(22), 1978)

Article IV. BOARD OF TRUSTEES

12.28.310 Established--Composition--Term--Oath--Vacancy.

A. There is created and established a board of trustees of the Fir Ridge Cemetery composed of the mayor and four other persons to be appointed by the mayor and confirmed by the town council. The four appointed members shall reside in School District No. 69.

B. The term of office of each trustee of the board shall be two years, except that the members first appointed, two shall be appointed for a period of one year and two for a period of two years, their terms commencing May 1st of the year in which they are appointed.

C. If any vacancy occurs in the board of trustees at any time, such vacancy shall be filled by appointment by the mayor with the confirmation of the town council, and such other person appointed to fill a vacancy shall hold office for the unexpired term. (Ord. 270 Exh. A (part), 2020: Ord. 157 (part), 1993; Ord. 76 §17, 1978)

12.28.320 Removal from office.

The town council may at any time by a vote of not less than two-thirds of all members of the council remove from office any member of the cemetery board. (Ord. 270 Exh. A (part), 2020: Ord. 76 §18, 1978)

12.28.330 Election of officers--Quorum.

The board of trustees of the cemetery shall organize on the second Monday in May, of each year, by electing one of their members, other than the mayor, as president, vice president, and secretary, and such officers shall hold office for one year and until their successors are elected and shall qualify. Three members of the board of trustees shall constitute a quorum for the transaction of business at any special or regularly called meeting. (Ord. 270 Exh. A (part), 2020: Ord. 76 §19, 1978)

12.28.340 Meetings--Special meetings--Notice.

A. The cemetery board shall hold meetings at such times as it shall by resolution or otherwise appoint.

B. Special meetings may be called by the president, and must be called upon the written request of three or more members of the board of trustees.

C. Notice of all special meetings must be served personally upon each and every member of the Board, or by written notice, which could be an email, from the president or secretary, directed to each member, at least forty-eight hours prior to any special meeting. Any special meeting of the cemetery board, organized when the required number of members are present and participate in the business transacted, shall be a legal meeting of the board.

D. The board may adopt such rules to govern its deliberations and the manner of transacting its business as it shall be determined upon, and may amend, change or repeal the same in such manner as it may determine.

E. As directed by Montana law, all meetings shall be open to the public. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(20), 1978)

12.28.350 Management of cemetery grounds--Records--Appointments.

A. The board of trustees of the cemetery, subject to the approval of the town council, shall have the full charge, control, custody, management, and supervision of the cemetery grounds and places of burial that are now or may hereafter be in any manner owned, held or controlled by the town. Also, of all property, real, personal, and mixed which is now or may hereafter in any manner be used, occupied or possessed in connection with any such cemetery grounds or places of burial. Also, of all books, plats, records, and other papers to any such property in any manner belonging, appertaining or used in connection therewith.

B. The board shall have power to make, subject to the approval of town council, such rules and regulations for the care, management, preservation and improvements of such cemetery grounds, places of burial and property as they may deem necessary and proper, and to enforce the same.

C. According to town policies and collective bargaining agreements, town also has the right to appoint a cemetery superintendent with the approval of the board, and such other employees as they may deem necessary, and to prescribe their duties. The cemetery superintendent may also designate and fix, subject to the approval of the town council, and in conformance with any town policies and collective bargaining agreements, the compensation of all persons so employed. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(21), 1978)

12.28.360 Review of claims.

The finance department shall review all claims against the Fir Ridge Cemetery, and such claims, when allowed by the board of trustees, shall be given to the town council for appropriate action. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(22), 1978)

12.28.370 Records open to public.

The books and papers of the board of trustees of the cemetery, and of the secretary thereof, shall at all times be open to the examination of the town council, or any of its committees or any person for that purpose appointed by the town council. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(23), 1978)

12.28.380 Secretary of the board--Record of meetings.

It shall be the duty of the secretary, under the direction of the board, to keep minutes in which shall be made a full and complete record of all proceedings of such board, and they shall also perform such other duties as may be required of them by the board. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(24), 1978)

12.28.390 Secretary of the board--Record of cemetery lots.

The town clerk shall keep for each cemetery owned, held or controlled by the town, a separate record under the proper designated name of each such cemetery, in which record they shall enter in the proper order a description by its number of every lot in the cemetery. And whenever a conveyance of any lot shall be executed, they shall enter descriptions of the lot conveyed, the name of the grantee, the date of conveyance and amount paid for each lot. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(29), 1978)

12.28.400 Annual financial statement.

The board of trustees, during their May meeting, shall make a report to the council of the proceedings of the board for the previous year, and of the conditions of and in the cemetery, and of cemetery property in the charge of the board, and shall also make, and at any time may make, such recommendations as they may deem proper. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(25), 1978)

12.28.410 Proposed fiscal budget.

In consultation with the board of trustees, the finance department shall, in accordance with the budget laws, report to the town council an estimate of the receipts and the funds required by the board for use in and about the care and management of the Fir Ridge Cemetery, and other cemetery property, if any, for the ensuing year. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(26), 1978)

12.28.420 Contracts.

The board shall not enter into any contract involving the expenditure of any sum of money greater than one thousand dollars without first having submitted such proposed contract to the town manager and obtained their approval thereof. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(27), 1978)

12.28.430 Report of lot values and conveyances.

A. The town clerk shall annually, after November 1st and before January 1st of each year, submit to the town council, for approval, a report of all unsold lots in the Fir Ridge Cemetery, and when so approved by the town council, any person may purchase any lot at the price designated by council resolution. This report shall also be distributed to the board for review.

B. All conveyances of any of such lots shall be executed and acknowledged by the town manager and attested by the town clerk; provided, that no lot in the cemetery shall be conveyed until the designated value thereof is paid to the town and deposited into the cemetery fund by the finance department.

C. All conveyances of the cemetery lots shall have the following restrictions placed on the conveyance:

This conveyance is subject to the following restrictive covenant. The lot subject to this conveyance shall not be sold by the grantee or grantees named herein to any person, firm, or corporation, other than the Town of West Yellowstone. In the event the grantee or grantees named herein desire to sell the lot the subject of this conveyance then and in that event they shall notify the Cemetery Board, who shall purchase same, at the then market value at the time of the purchase as determined by the Cemetery Board in accordance with Ordinance No. 76 of the Town of West Yellowstone.

(Ord. 270 Exh. A (part), 2020: Ord. 76 §16(28), 1978)

12.28.440 File of permits for burials and disinterments.

The town clerk shall keep a numerical file of a copy of all the permits issued for burials and disinterments. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(30), 1978)

12.28.450 Treasurer designated duties.

A. The finance director of the town shall be ex officio treasurer of the board of trustees of the Fir Ridge Cemetery.

B. The finance director shall receive all funds which may be appropriated to, or in any manner come into control or possession of, the board. They shall pay all orders drawn on them by the board, or by the town, and all such orders shall be signed by the president, the secretary, or by the cemetery superintendent. (Ord. 270 Exh. A (part), 2020: Ord. 76 §16(31, 32), 1978)