Consider proposed Local Law 3 of 2025 entitled “Cemeteries”LOCAL LAW 2025 -3 ENACTING CHAPTER 81 ENTITLED “CEMETERIES”
BE IT ORDAINED AND ENACTED by the Village Board of the Village of Central Square, County of Oswego, State of New York, as follows:
Section 1. That Chapter 81 is hereby added to the Village of Central Square Code as follows:
Chapter 81. Cemeteries.
Section 81-1
This chapter shall be known and cited as the “Village of Central Square Cemetery Ordinance.”
A. This chapter shall apply only to cemeteries owned, controlled or operated by the Village.
B. The provisions of this chapter shall apply to Village officials or their agents or designees involved with the upgrading, maintenance, administration or care of a Village cemetery.
C. The provisions of this chapter shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.
Section 81-2 Definitions and word usage.
A. Definitions. The following definitions shall apply in the enforcement and interpretation of this chapter.
DIRECTOR — The person designated by the Village Board of Trustees who is vested with the authority, direction and control over the operation of Hillside Memorial Cemetery.
DISTRIBUTEE — See definition of "heir at law."
GRAVE — The conversion from a lot to an excavated place of burial.
GRAVE SECTION — The designated area on a lot which provides space for a grave.
HEIR AT LAW — A relative by blood or by marriage who is entitled to take or share in the estate of a decedent under the New York State estates, powers and trust statutes governing descent and distribution.
INTERMENT — Burial or the act of depositing a dead body in the earth or family tomb or vault.
LOT — A parcel of land within a Village-owned cemetery or burial ground which entitles the owner thereof to a burial place only, subject to the provisions of this chapter.
OWNER — The person or persons named in a deed to a cemetery lot or his or their heirs at law.
PERPETUAL CARE — The maintenance and general preservation of graves and lots to the end that they shall remain and be reasonably cared for as cemetery grounds forever.
VILLAGE — The Village of Central Square.
B. Word usage.
(1) Where necessary, the singular shall include the plural and the plural shall include the singular.
(2) The words "or" and "and," as used herein, may be construed interchangeably where such meaning is necessary to effectuate the purpose of this chapter.
Section 81-3. Cemetery lots, burial spaces and leases.
A. A cemetery lot, or burial space, shall consist of a deed of conveyance for a land area or niche. No deed of conveyance will be issued until payment is made in full. The purchase of a deed of conveyance shall include a maintenance care fee as set by the Village Board of Trustees.
B. After purchase by and conveyance of a deed to a burial space to a legal resident, the purchaser thereof, his heirs or distributes will not be denied the right of burial in said space.
Section 81-4. Conveyance of lots or burial spaces.
A. Cemetery lots or burial spaces shall be conveyed only for the purpose of the burial of the purchaser, his or her heirs at law, parents, siblings or spouse.
B. All purchases shall be recorded on a deed of conveyance issued by Village of Central Square Clerk-Treasurer, signed by Clerk-Treasurer, Mayor and licensed Notary. The deed of conveyance grants only the right of burial and does not convey any other right to the lot or burial space lease. The deed shall be subject to the rules and regulations set forth by the Village Board of Trustees and a signed copy of acceptance of the Hillside Memorial Cemetery Ordinance must accompany the deed of conveyance.
C. The final decision to sell or not to sell a plot shall rest with the Village of Central Square Board of Trustees, at its discretion, pursuant to the rules and regulations in place at time of potential purchase.
Section 81-5. Burial rights and restrictions.
A. A body, or cremated remains, may be removed from its place of interment in one grave to another grave or lot in the cemetery where there has been an exchange or purchase for the disinterment and interment.
B. Prior to interment, all caskets shall be contained within a vault or liner made of concrete or other material approved by the Village Board of Trustees.
C. A purchaser may only bequeath or devise the burial rights of his/her plot to qualified heirs who have relationships to the purchaser-testator/testatrix by blood or marriage. If there is no will at the time of the purchaser's death, the laws of intestate distribution as stated in the New York State Estates, Powers and Trusts Law will govern. A lawful heir or distributee, defined hereinabove, may assign his burial rights to his next of kin, and a joint owner may assign his burial rights to his joint tenants.
D. Where more than one person is legally entitled to the possession of a deed conveying burial rights to a grave or lot, they shall file a written designation with the Village of Central Square, to be attached to original deed copy, for the purpose of designating a responsible member of the family to retain ownership and control of said deed, and in the absence, failure or refusal to make such a designation, the executor shall be empowered to act on behalf of the person who otherwise would have such authority.
E. Where a grave or lot is devised and bequeathed by a will admitted to probate to a relation by blood or marriage, a certified copy of the will must be filed with the Village of Central Square and attached to the original deed copy on file.
F. In the absence of probate or where there is a probated will which does not dispose of a grave or lot, an affidavit of heirship will be required for filing with the Village of Central Square in a form approved by the Village Board of Trustees, and which states the names and addresses of all heirs and their relationship to the deceased owner of the grave or lot.
G. Upon entering the cemetery grounds, all funerals shall be under the supervision of the Director or designated representative.
H. After a casket/urn shall enter upon cemetery grounds, under no conditions shall it be permitted to be opened without written authority from the Director, after the consent of legal representatives of the deceased or pursuant to a court order by a court of competent jurisdiction, as the case may be.
I. The burial rights of any stepchildren and/or adopted children of the original plot owner or the lawful heir thereof in the subject plot shall be governed by the provisions of New York State Estates, Powers and Trusts Law.
Section 55-7. Monuments and markers.
Monuments and headstones shall be permitted in the cemetery, subject to the following regulations:
A. All monument bases (foundations) upon which any monument, marker or other approved memorial must be placed shall be constructed by the Village.
(1) Foundations shall be of sufficient depth to support the headstone as determined by the Village.
(2) Costs are to be borne by the owner of the burial right, with payment in advance.
(3) The Village Board of Trustees shall establish and maintain a foundation fee.
B. The installation or removal of a monument, headstone or other memorial requires the written consent of the Village Board of Trustees.
C. Inscriptions shall be in English letters, except that foreign inscriptions may be added after approval is obtained upon application containing a translation of the foreign inscription into English.
D. The remains of any person who has died of an infectious or contagious disease shall not be allowed to be deposited in the receiving vault unless the body is placed in a metallic-lined box hermetically sealed. This rule applies also if the body is to be kept longer than 10 days.
E. The Village of Central Square reserves the right to refuse the depositing of bodies in the vault during extreme warm weather or during the prevalence of epidemics.
F. Upon failure to make suitable arrangements for the final disposition of the remains temporarily placed in the receiving vault within a reasonable time or upon failure to pay rental the cemetery may, in its discretion, remove the body and inter it, after first having mailed a registered letter to the last known person who made the placement stating its intention to making said removal.
G. The Village of Central Square reserves the right, without notice, to remove from its vault, at once, and inter any remains not in good state of preservation or when the condition of the body renders its internment necessary.
H. The Village of Central Square reserves the right to exclude flowers from the receiving vault.
Section 81-6. Columbarium rules and regulations.
A. The Village of Central Square Board of Trustees shall set the rules related to the use and operation of the columbarium, and may set and adjust any fees reasonably related to the use and operation thereof.
B. The Village of Central Square is responsible for the reservation and maintenance of columbarium niches. The Village will establish records regarding the columbarium. These records will include the names of those who have purchased a niche, copies of columbarium right agreements, copies of certificates of cremation, and columbarium rules and regulations.
C. A columbarium niche is for the internment of human remains only. Deceased pets, valuables, flowers, mementoes, etc. will not be allowed in a niche.
D. Niche openings can only be performed by Village employees. Anyone, other than a Village employee, who attempts to open a niche will be prosecuted under applicable state and local laws.
E. Any acts of vandalism will also be prosecuted under applicable state and local laws.
F. The Village will be responsible for repairs to the columbarium. The Village will take all reasonable care to ensure the safety of interred remains. However, the Village will not be held responsible for the loss or destruction of interred remains due to vandalism, acts of nature or any unforeseen circumstances.
Section 81-7. Niches.
A. A single niche is 12 inches by 12 inches.
B. The urn must be of a material suitable for interment (no cardboard, no plastic bags). The Village shall have full authority to refuse to accept for interment any receptacle deemed unsuitable. Leaving the cremated remains in the urn sent by crematorium is allowed as long as it meets the above requirements.
Section 81-8. Niche purchases.
A. Upon payment in full, a columbarium right agreement will be given to the person or persons who purchased the rights to the niche, hereby known as the lessee(s). This is their proof of payment and should be kept in a safe place that is known to family members or friends. The lessee(s) will receive a copy of the columbarium rules and regulations.
B. The holder of the agreement acquires no property rights in the columbarium or any of its niches. Legal title to the columbarium and niches remains with the Village at all times. The agreement attests only to the right to inter cremated remains of the person(s) named on the agreement in the specific niche, also stated on the agreement, pursuant to the columbarium rules and regulations, as amended from time to time. In the event of a discrepancy between the agreement and the administrative records, the latter shall take preference.
C. Columbarium right agreement for a niche can only be made through the Village. A niche must be paid in full before internment. The Village will buy back a niche from the owner for the original price minus a 20% ownership transfer fee paid upon written request of said owner or his/her legal heirs or representatives.
D. A niche reservation cannot be transferred or sold.
Section 81-9. Inurnment.
A. Inurnment arrangements must be made by the lessee or the lessee's family; this can be done through a funeral home or by contracting the Village directly.
B. A copy of the certificate of cremation must accompany the cremated remains. Any orders from the funeral home are considered orders from a family.
C. Any funeral home costs are the responsibility of the lessee or the lessee's family. An opening and closing fee will be assessed at the time of the opening at the current rate.
Section 81-10. Engraving of niche cover.
A. To maintain the columbarium in a uniform manner, the Village will arrange for the engraving of the niche plaque and/or scroll. Only first and last name, date of birth, and death date will be allowed.
B. Only one font scroll will be allowed on all niche plaques.
C. An engraving fee will be assessed at the time of interment. Niche plaques are required to be engraved.
Section 81-11. Flowers and wreaths at Grave Sites.
A. The Village reserves the right to remove any items or plantings that do not conform to the rules and regulations.
B. Only two potted floral arrangements shall be allowed per grave (artificial flowers must be potted).
C. Shepard hooks are allowed with a minimum diameter of ¼ inch, placed flush to the monument/headstone with the hanging item at least 1 foot above the ground.
D. No items are to be placed on or around monuments/headstones that hinder or impede the cemetery’s ability to maintain the grounds. Any small pots that can be hit by a mower or weed eater will be removed to avoid associated risks.
E. In late fall and early spring, all floral arrangements that are in lightweight plastic pots will be disposed of as part of the cemetery cleanup.
Section 81-12. Flowers and wreaths near Columbarium.
No flower arrangements, plants, wreaths, toys, or mementoes will be allowed to be placed near the columbarium at any time, except at the time of interment.
Section 81-13. Removal of the interred cremated remains.
A. In the event that the columbarium requires repairs in order to maintain its integrity, the lessee(s) agrees to permit the temporary removal of any cremated remains until those repairs are completed. The cremated remains will be returned to the proper niche by the Village.
B. If cremated remains must be removed from the columbarium by the family or an authorized person, a written request must be made to the Village. This request must explain the reason for the removal, who is making the request, their relationship to the deceased, the day and time requested for the removal, and who will take possession of the cremated remains. Additional information or documentation may be required.
C. An opening and closing fee will be assessed at the time of the opening. The Village will exercise reasonable care in making a removal, but it assumes no liability for damage to any urn in the process of making a removal.
D. If a niche's cover has already been engraved, the cost of replacement cover is not the responsibility of the Village. Replacement covers can be obtained from the Village at the current established price.
Section 81-14. Penalties for offenses.
Any person or persons, association or corporation committing an offense against any provision of this chapter shall be guilty of a violation, and shall be subject to a fine of up to $500 as may be determined by a court of jurisdiction.
Section 81-15. Winter Inurnments
The Village reserves the right, since the Cemetery is traditionally closed during winter months, to provide grave openings and or interments if they are otherwise unable to do so as a direct consequence of severe weather conditions or other similar conditions.
Section 2. This local law shall take upon the filing with the Secretary of State.
Underline – new language
Strikeout – deleted language
WHEREAS, the Village of Central Square desires to ensure the general maintenance and order at the Hillside Memorial Cemetery, and, introduces this Local Law to promote the general welfare, health and safety of the public within the Cemetery; and
WHEREAS, on July 14, 2025, the Village Board held a public hearing regarding the proposed Local Law.
NOW, THEREFORE, BE IT
RESOLVED, that Local Law 2025-3 is hereby approved and enacted; and be it further
RESOLVED, that the Village Clerk is directed to file Local Law 2025-3 with the Secretary of State within 20 days of the date set forth herein.