Chapter 37
CEMETERIES
[HISTORY: Adopted by the Town Board of the Town of Kinderhook 4-12-88 as L.L. No. 2-1988. Amendments noted where applicable.]
~ 37-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
CEMETERY -- Any place set aside or dedicated for the burial of the human dead within the Town of Kinderhook or under town control.
~ 37-2. Burial in cemetery required; animal burials prohibited.
A. No person shall bury or inter or aid or assist in the burial or interment of any human body within the Town of Kinderhook except in one (1) of the cemeteries.
B. Only human bodies may be buried in cemeteries within or controlled by the Town of Kinderhook.
~ 37-3. Written consent required for interment or disinterment.
No person shall dig any grave or inter or disinter any dead human body in a cemetery within or controlled by the Town of Kinderhook without the written consent of the cemetery superintendent or governing body of the cemetery.
~ 37-4. Permission required for fences, markers and decorations.
No person shall put up any fence, gravestone or marker or decoration of any kind at any grave or dig up any sod in any of the cemeteries of the town without the approval of the cemetery superintendent or governing body of the cemetery and in accordance with cemetery regulations.
~ 37-5. Use of vehicles; hours; liability for injuries.
A. No person shall walk or drive any vehicle or other conveyance over or upon any lot or path in any cemetery within the town, except upon or over the parks and roads therein laid out, or leave any vehicle standing in any road or path in any cemetery so as to hinder the free passage of other persons using such roadway. No person shall enter into or upon any cemetery except through the gate and entrances thereto.
B. No person shall use any cemetery as a common thoroughfare or public walk, and all traveling through or across any cemetery, except in connection with cemetery purposes or for the purpose of visiting a burial lot, is forbidden.
C. Only passenger-type vehicles and other authorized vehicles required for grave preparation, interment and perpetual care may be driven within the bounds of any town cemetery. Autos pulling trailers or campers, motor homes, trucks (other than those classified as "pickup") and motorcycles are not allowed.
D. Cemeteries within the town or under the control of the town shall be accessible to visitors only during daylight hours.
E. The Town of Kinderhook is not responsible for any injury or inconvenience sustained by any visitor of a town cemetery.
~ 37-6. Injury to plants and animals; littering.
No person shall cut, break or in any manner injure or destroy any tree, shrub or plant or pick, crush or gather or in any manner injure or destroy any flower, either wild or cultivated or the fruit or product of any tree, shrub or plant or catch, shoot, wound or kill or rob, disturb or destroy any bird's nest or animal or deposit any filth, waste or rubbish within any of the cemeteries within or controlled by the Town of Kinderhook.
~ 37-7. Injury to markers.
No person shall injure, destroy, remove, deface or write upon any monument, fence, stake, post or other marker in or connected with any cemetery within or controlled by the Town of Kinderhook.
~ 37-8. Loitering.
No person shall loiter, stroll, wander, prowl, lurk or lie down in, about or upon any cemetery within the Town of Kinderhook.
~ 37-9. Penalties for offenses.
An offense against the provisions of this chapter shall be punishable by a fine of not more than two hundred fifty dollars ($250.00) or by imprisonment for not more than fifteen (15) days, or both.
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