Chapter 2.40
CEMETERIES
Sections:
2.40.010 Building fences or curbs on or around lots – Restrictions on use of lots.
2.40.030 Removal of unsightly structures.
2.40.040 Memorial garden – Designated – Restrictions.
2.40.050 Memorial garden – Restrictive covenant.
2.40.060 Fees for opening and closing of graves.
2.40.070 Fees for disinterments.
2.40.080 Fees for cemetery spaces.
2.40.085 Fees for niches in columbarium.
* Prior history: Prior Code §§ 21-101, 21-102, 21-103, 21-104, 21-201 and Ord. Nos. 617 and 621.
For state law as to authority of town to establish and regulate cemeteries, see WS, 1977, 15-1-103. As to cemeteries and burials generally, see WS, 1977, 35-8-101 et seq. As to development code generally, see WMC Title 18. As to injuring buildings, etc., see WMC 9.05.030. As to malicious mischief generally, see WMC 9.05.170.
2.40.010 Building fences or curbs on or around lots – Restrictions on use of lots.
No person shall build any fence or curb on or around any lot in the cemetery.
The use of any cemetery lot is restricted to burial purposes and the planting of trees, shrubs, plants, flowers and grass, and for the placing of proper headstones. [Amended during August 1984 supplementation. 1996 Code § 5-1.]
2.40.020 Headstone.
No headstone shall stand at a height greater than five and one-half feet from the surface of the ground. [Amended during August 1984 supplementation. 1996 Code § 5-2.]
2.40.030 Removal of unsightly structures.
If any structure or other construction shall become in a state of disrepair or in an unsightly and dilapidated condition the same may be removed by the town. [Amended during August 1984 supplementation. 1996 Code § 5-3.]
2.40.040 Memorial garden – Designated – Restrictions.
All of block 5, except lots 1 through 65 inclusive of the municipal cemetery is hereby designated as a “memorial garden.” No headstone, monument, vault or other grave marker shall be erected upon the described premises except individual grave markers flush with the surface of the ground. [Amended during August 1984 supplementation. 1996 Code § 5-4.]
2.40.050 Memorial garden – Restrictive covenant.
Each deed conveying lots in block 5, except lots 1 through 63 inclusive, shall contain the following restrictive covenant:
As part of the consideration for the sale of this lot it is agreed that no headstone, monument or grave marker, except individual markers flush with the surface of the ground, shall be placed on the premises.
[Amended during August 1984 supplementation. 1996 Code § 5-5.]
2.40.060 Fees for opening and closing of graves.
The following fees will be charged for the opening and closing of graves:
(a) Infant Burials and Cremains.
(1) One hundred dollars for those opened and closed Monday through Friday, except for holidays.
(2) Two hundred dollars for those opened and closed on Saturdays and/or holidays.
(b) All Other Burials.
(1) Three hundred fifty dollars for those opened and closed Monday through Friday, except for holidays.
(2) Four hundred fifty dollars for those opened and closed on Saturdays and/or holidays. [Ord. 830 § 1, 2020. 1996 Code § 5-6.]
2.40.070 Fees for disinterments.
The following fees will be charged for a disinterment:
(a) Five hundred dollars per space when the casket is moved to a different cemetery.
(b) One thousand dollars per space when the casket is moved within the town of Wheatland cemetery.
(c) One hundred fifty dollars per space when cremains or infants less than two years of age are moved to a different cemetery.
(d) Two hundred dollars per space when cremains or infants less than two years of age are moved within the town of Wheatland cemetery. [Ord. 830 § 2, 2020. 1996 Code § 5-7.]
2.40.080 Fees for cemetery spaces.
(a) The following fees will be charged for cemetery spaces: All spaces shall be $475.00.
(b) Perpetual Care. The following fee shall be charged for each cemetery space: $25.00 which shall be paid when the space is purchased. [Ord. 830 §§ 3, 4, 2020. 1996 Code § 5-8.]
2.40.085 Fees for niches in columbarium.
(a) Definitions.
(1) “Columbarium” means a building with niches for funeral urns to be stored, which is located at the town of Wheatland cemetery.
(2) “Niche” means a recess in a columbarium, which is designated for no more than two cinerary urns to be stored.
(b) Fees.
(1) One thousand dollars per niche.
a. This fee shall include engraving for two individuals’ names, birth dates, and death dates.
b. Any additional engraving will be at the owner’s expense.
c. No more than two cinerary urns may be stored in each niche.
(2) Fifty dollars for the opening and closing of niches on Monday, Tuesday, Wednesday, Thursday, and Friday.
(3) One hundred dollars for the opening and closing of niches on Saturdays, Sundays, and holidays.
(c) Perpetual Care Fund.
(1) Seventy-five dollars of the fee charged in subsection (b)(1) of this section shall be placed in the existing cemetery perpetual care fund. [Ord. 814 §§ 1 – 3, 2018.]
2.40.090 Vaults.
Commencing on December 1, 1993, all casket burials within the town of Wheatland cemetery shall also be required to use a vault; provided, however, a vault shall not be required for casket burials within the town of Wheatland cemetery for children up to and including the age of two. [1996 Code § 5-9.]
2.40.100 Remains.
Only human remains shall be buried within the boundaries of the Wheatland cemetery. [1996 Code § 5-10.]