TOWN OF LACOMBE
BYLAW NO. 55
(Consolidated)

1. "Superintendent" means the Superintendent of the Town of Lacombe and shall include any person authorized by the Superintendent to carry out his duties.
2. "Director" means the Director of Recreation, Parks and Culture of the Town and shall include any person authorized by the "Director" to carry out his duties.(04/09/1990)
3. "Cemetery" means the cemetery in the Town of Lacombe ownerd and operated by and under the control of the Town.
4. "Monument" means any structure in the cemetery erected or constructed on any grave or lot, for memorial purposes.
5. "Town" means the Town of Lacombe.
6. "Department" means the Recreation, Parks and Culture Department of the Town of Lacombe.(04/09/1990)
7. "Grave" means a plot used as a place of burial.(04/09/1990)
8. "Lot" means a lot as shown on a plan of subdivision on record in the Town office.
9. "Reserve Plot" means a lot or a number of lots which lie adjacent to one another and which are to be reserved for the burial of more than one deceased member of a family.(04/09/1990)
10. "Woody Ornamental" means any trees, shrubs, creepers and climbers.
11. "Flowering Ornamental" means any perennial, annual and bi-annual flowering plant.
12. "Town Manager" means the Town Manager of the Town.
13. "Resident" means a person who has resided within the Town immediately preceding his or her death or his or her application to purchase a lot.(04/09/1990)
14.  "Working Hours" means regular hours of work (8:00 a.m. to 4:30 p.m. Monday through Friday excluding declared or Statutory Holidays).

1. The Town Manager may delegate any or all powers of this Bylaw to the Superintendent, Director, or any other person.(04/09/1990)
   
   
2. The Superintendent shall have charge of the cemetery and shall exercise control over all personnel employed therein.
   
3. It shall be the duty of the Superintendent to have lots available for the burial of human remains at all times.
   
   
4. Nothwithstanding subsection (3) of this Section, all plots hereafter surveyed shall have dimensions of four (4) feet by twelve (12) feet and all cremated remains lots hereafter shall have dimensions of four (4) feet by four (4) feet.(04/09/1990)
   
   
5. The Superintendent shall have authority to have removed any weeds or grass, funeral designs or floral pieces which may become wilted, or any other article or thing which is in his opinion unsightly.
   
   
6. If, in the opinion of the Superintendent, any woody ornamentals situated on or about the cemetery shall become by means of their roots or branches or in any other way det4rimental to adjacent lots, walks or driveways, prejudicial to the general appearance to the grounds or dangerous or inconvenient to the public, the Superintendent shall have the right to remove such woody ornamentals, or any parts thereof.
   
   
7. The Superintendent shall have the right to remove fences, borders, railings, walls, hedges, copings and other enclosures now in existence as he may deem advisable after 30 days notice of his intention to do so has been given to the owner of the lot, or to his relatives if the owner is deceased, or published in a newspaper circulated in the Town, if the relatives are unknown.
   
   
8.  
   1. No person shall disturb the quiet or good order of the cemetery by improper noise, improper conduct or otherwise.
   2. A member of the Lacombe Town  Police or the Superintendent, or other person from time to time in charge of the cemetery may evict therefrom, using such force as is reasonably necessary, or deny entrance, to any person who contravenes paragraph "a".
   3.  hereof
      
      
9. Whenever the owner of a monument neglects to make the required repairs or alterations to a monument within 30 days after receiving notice from the Superintendent to do so, the Superintendent shall have the power to repair such monument and charge the cost thereof to the owner which may be recovered as a debt from the owner to the Town.

1. The plans of subdivision of the lands made available by the Town for burial purposes now on record in the office of the Town Manager, together with all subsequent plans of subdivision of such lands approved by the Council of the Town of Lacombe, shall be the plans of the cemetery herein referred to and all interments shall be made and records dept by the Town Manager in accordance with such plans.  Copies of all such plans shall be available for inspection free of charge at the Town office during normal office hours.
   
   
2. The Town Manager shall supervise all sales of lots and interments in the cemetery.
   
   
3. The Town Manager shall make all sales and shall receive all monies therefrom and for all interments made in the cemetery.
   
   
4. The Town Manager shall, upon payment by any person to the Town Manager of the full price of any lot, furnish such person with a receipt for the sum paid and a transfer of such lot to such person or to such other person as such person may appoint.
   
   
5.  
   1. Lots in the cemetery shall be sold by the Town upon the purchaser paying in advance the amounts set from time to time by resolution of the Council of the Town of Lacombe.
      
      
6. Lots shall not be resold to any other party, however lots may be transferred from one family member to another family member but no transfer shall be valid unless such transfer is duly registered with the Town Manager.
   
   
7. Notwithstanding subsection 6 of this section, the owner of a lot may transfer same back to the original purchase price.(04/09/1990)
   
   
8. Whenever a lot is held by two or more person, an order for interment in such lot or any part thereof will be accepted by the Town Manager from any one of the said persons or their personal representative.
   
   
9. No person shall accept any fee or reward for the interment of any body in a lot of which such person is the owner, or over which he exercises any power of control.
   
   
10. No lots shall be used for any purposes other than burial grounds for human bodies, and the cremated remains  of human bodies.
    
    
11. Posts to mark the limits of the lots shall be permitted, provided that they are placed within the limits of the lots and are level with and not projecting above the ground.

1. Disinterment of a body shall not take place until a permit for disinterment is issued by the Provincial Director of Vital Statistics and delivered to the Superintendent.
   
   
2. Disinterment privileges will be allowed for burials which occurred within the fifteen (15) years immediately prior to the disinterment request. (12/14/1992)
   
   
3. Disinterment privileges could be granted for those burials which occurred prior to the fifteen (15) years preceding the request provided a concrete outer case had been used for the burial and that documented proof of this fact is presented. (12/14/1992)
   
   
4. No burial shall be permitted in the cemetery unless a proper burial permit is produced by the party applying for burial.  Between the months of May and October inclusive in any year, all applications for burials shall be made to the Town Manager's office at least 48 consecutive working hours before time for interment.  Between the months of November of one year and April of the following year, inclusive, all applications for burials shall be made at least 72 consecutive working hours before the time for interment.  All orders for interment in the cemetery shall be signed by the owner of the lot in which such interment is to be made, or in the case of Funeral Homes who have entered into an agreement with the Town whereby the said interments ordered by telephone or otherwise.  No interment shall be permitted until the forms provided by the Town have been completed and given to the caretaker of the cemetery.  Such forms shall contain the following particulars:

• Name of deceased
• Name of undertaker or person responsible for the burial
• Date of burial
• Name of purchaser of lot

3.  
   1. No burial, interment or funeral service shall be permitted in the cemetery on a Sunday except on a special permit in writing from the Town Manager which shall only be granted in the case of special emergency or circumstances which, in the opinion of the Superintendent, justifies and necessitates such Sunday burial, interment or funeral service.
      
      
   2. Notwithstanding any other provisions of this Bylaw, orders for Sunday or holiday burials must be placed with the Town Manager's office at least 48 consecutive hours before the burial is to take place, unless the Town Manager for emergent reasons otherwise allows.
      
      
   3. Funerals must reach the cemetery not later than 3:00 p.m. on the date of the burial and a charge for overtime will be made if it is necessary for personnel to remain after their usual working hours.
      
      
4. The owner of a lot, or the person instructing the Town to open a grave shall give complete and precise instructions regarding the size and location of the grave, and the Town shall not be responsible for any errors resulting from the lack of proper instruction.(04/09/1990)
   
   
5. Whenever outer cases for coffins or caskets are used for burials, such outer cases shall be at the cemetery at least five hours before the time set for interment, and in case of burials taking place on Sundays or holidays, such cases shall be at the cemetery before noon of the day preceding such Sunday or holiday, providing that an exception may be allowed when bodies arrive in the Town from outside the Town.
   
   
6.  
   1. Graves shall be dug and interments made only by persons authorized by the Superintendent and under the direction of the caretaker.
      
      
   2. No person or persons not under the control or supervision of the Superintendent shall open any grave for the purpose of interring or removing a body.(04/09/1990)
      
      
7. No grave for the burial of a deceased person the age of five years or over shall be less than six (6) feet in depth from the surface of the ground surrounding the grave.
   
   
8. No grave for the burial of a deceased person under five years of age shall be less than five (5) feet in depth from the surface of the ground surrounding the grave.
   
   
9. No grave for the burial of a stillborn child shall be less that four (4) feet in depth from the surface of the ground surrounding the grave.
10. No grave for the burial of cremated remains shall be less than eighteen inches in depth from the surface of the ground surrounding the grave.
    
    
11. The burial of cremated remains shall be in such portion or portions of the cemetery as may from time to time be designated by the Superintendent.
    
    
12. The body of an adult person shall not be interred in the same grave in which a body has previously been interred unless the first body has been buried at a depth of at least eight (8) feet from the surface of the ground to the bottom of the grave.
    
    
13.  
    1. When more than one body is interred in the same grave, the last interment shall be at a depth of at least three (3) feet from the surface of the ground to the top of the casket or coffin and in no case shall the bodies of more than two adult persons be interred in the same grave.
       
       
    2. When more than one body is to be interred in the same grave (double depth), the lower burial will require a concrete. (04/09/1990)
       
       
14. No second interment shall be permitted in any lot in the cemetery on which there are unpaid charges due and payable to the Town.
    
    
15. A child less than five years old may be interred in a special grave to contain, when complete, four bodies.
    
    
16. There may be interred in a special lot reserved for that purpose or in a 4 ft. x 9 ft. or in a 4 ft. x 10 ft. or a 4 ft. x 12 ft. family lot the cremated remains of not more than 12 persons.
    
    
17. The Town may set aside lots in the cemetery, for the burial of children less than five years old and for the cremated remains of human bodies.
    
    
18. By order of the Town Manager, the Superintendent shall furnish graves in the cemetery, without charge, for the unclaimed bodies of deceased persons.
    
    
19. By order of the Town Manager, the Superintendent shall furnish graves in the cemetery, without charge, for the bodies of indigent persons.
    
    
20. The burial of destitute or indigent persons and unclaimed bodies shall be in such portion or portions of the cemetery as may from time to time be designated by the Superintendent.
    
    
21. All work in the immediate vicinity of a grave shall be discontinued during the burial service.
    
    
22. All burials within the limits of the cemetery shall be under the supervision and control of the Superintendent.
    
    
23. Interment will not be permitted in Cemetery Sections A,B,C,D, E&F where written records are insufficiently accurate to confirm either ownership or occupancy. (12/14/1992)

1. All persons employed in the construction and erection of monuments or doing other work in the cemetery, whether employed by the Town or not, shall be subject to the direction and control of the Town Manager.
   
   
2.  
   1. All requests for the erection of a monument, including a description of the monument, must be submitted on Form D. to the Town Manager  or his designated for approval and the issuance of a permit prior to the erection of the said monument.  Prior to the issuing of a permit the Town Manager shall ensure that all regulations contained in subsection 'b' of this section have been conformed to.  Prior to issuing a permit for erection of a monument the Town Manager shall ensure that a member of the Public Works staff is available to stake the said location.
      
      
   2. The placement of monuments must comply with the following requirements.

   1. A Concrete base extending six (6) inches on each side of the monument not less than six (6) inches in depth and being at the level of the grounds adjoining the grave plot.  Proper forms must be used for the construction of the base.
      
   2. The monument must be placed on that portion of the plot undisturbed by excavation and must be in line with other monuments in that section of the cemetery.
      
   3. Monuments shall be constructed of stone, such type of stone having a high resistance to weathering and erosion.  Monuments may not be constructed in concrete.
      
   4. Inscription on the monument shall be of sufficient depth and quality so as to be legible for a great length of time.  Metal plaques which oxidate and deteriorate will not be permitted.
      
   5. Upright monuments will be allowed in all areas of the cemetery with the exception of the cremation section which is reserved for the interment of cremated remains.  A flat marker will only be allowed to mark those plots
      
   6. Upright monuments must not exceed the following dimensions:
      
      Height  -40 inches
      Width  -18 inches
      Length  -72 inches
      
   7. Flat markers must not exceed the following dimensions:
      
      Height -2 inches
      Width -18 inches
      Length -72 inches
      
   8. Not withstanding the provisions of this section each monument shall be in keeping with the appearance of other monuments in the section and with the character of the cemetery.  The town Manager may refuse the placement of any monument should it be determined that the proposed monument is not appropriate for the placement in the Fairview Cemetery.
      
   9. The Town of Lacombe will not be responsible for any errors resulting in monuments being designed, or the description on the face being inaccurate. (12/29/1990)

3. No monuments shall be erected on Saturdays, Sundays or holidays unless permission in writing has been granted by the Town Manager.
   
   
4. All foundations for erecting of monuments shall be level, be flush with the ground, be made of concrete, be at least one foot in depth and extend not less than 6" beyond the extreme lateral dimension of the monument.  All persons erecting monuments shall insure that such monuments are firmly secured to the foundation and that the foundation and that the foundation is adequate to carry the monument.
   
   
5. All persons erecting monuments shall ensure that the surrounding areas are left in the same condition as found.
   
   
6. No work shall be done upon any monument, nor shall any monument be removed from any grave or lot without permission from the Superintendent.
   
   
7. Stone slab covers over graves are prohibited except where one presently exists in which case the family may install a stone to match an existing one.
   
   
8. No monuments shall be erected from November 1st until the end of April following.
   
   
9. The Town Manager may designate certain sections of the Cemetery where monument foundations may be installed in advance of internment, in which case a surcharge may be on the sale price of the plot to recover the costs of installation.(04/09/1990)

1. No person shall enter or remain in the cemetery between the hours of 9:00 o'clock in the afternoon of any day and 7:00 o'clock in the forenoon of the day next following.

1. No person shall drive any vehicle through the cemetery at a greater rate of speed than 10 m.p.h.
   
   
2. The Superintendent may prohibit the driving of vehicles in any part of a cemetery.
   
   
3. The Superintendent may prohibit the driving of any vehicle in the cemetery when the roads are in an unfit condition.
   
   
4. Unless authorized by the Superintendent no bicycle, motorcycle or horse shall be allowed in the cemetery except when it is a part of a funeral procession.
   
   
5. The owner of any moving vehicle shall be responsible for any damage done by such vehicle within the boundaries of the cemetery.

1. The Town shall set aside in the cemetery and maintain an area shich shall be known as the "Field of Honor" or "The Last Post", which shall be reserved for burial of service and ex-servicemen and women of the Naval, Military, Air and Auxiliary Forces and their spouse upon request of a relative or the Department of Veteran Affairs or Department of National Defense.(04/09/1990)
   
   
2. In the case of all burials made under the auspices of the Department of Veteran Affairs or the Department of National Defense, the said Department shall be required to pay for the opening and closing of graves, an amount set forth from time to time by resolution of the Council of the Town of Lacombe.
   
   
3. In the case of private burials in the "Field of Honor" or "The Last Post", the party requesting such a burial shall be required to pay the usual fees for opening and closing, and in the case of a spouse of a service man or woman, the usual fees for the purchase of a plot.(04/09/1990)

1. No employee of the Town shall accept a bribe or gratuity for services rendered or to be rendered in any cemetery in the Town.
   
   
2. Any Society desiring to hold a memorial service shall give the Town Manager at least 10 days notice in writing of their intention to do so.
   
   
3. Unless permission has been obtained from the Town Manager, no person shall remove, destroy, prune or otherwise interfere with any woody or flowering ornamentals in any cemetery.  All woody ornamentals shall be planted only by employees of the Parks Department under the direction of the Town Manager.(04/09/1990)
   
   
4. Fences, railings, walls, copings, hedges in or around the lots are prohibited.
   
   
5. No person shall destroy, damage, deface or write upon any monument, tablet or other structure or object in any cemetery.
   
   
6. No person shall deposit any paper, sticks, or refuse of any kind on any portion of the lands within the boundaries of the cemetery except in receptacles provided for that purpose.
   
   
7. No person shall remove the sod in graves or from any portion of any lot in the cemetery without first obtaining written consent of the Town Manager.(04/09/1990)
   
   
8. All grading, seeding of grass, and sodding work shall be done under the direction of the Superintendent. (04/09/1990) 
   
   
9. No person, other than the Superintendent or employee of the Town, or the owner of a lot or his agent, shall be permitted to care for any lot in any cemetery.
   
   
10. Benches of a style approved by the Superintendent may be permitted in the cemeteries under such conditions as the Superintendent may order.
    
    
11. The top of lots or graves shall be kept level with the surrounding ground.
    
    
12. No animal shall be allowed in any cemetery unless such animal is on a leash and accompanied by an adult person.

1. The Town Manager may make rules and regulations not inconsistent with this Bylaw for the effectual carrying out of this Bylaw and for the efficient management, control and regulation of the cemetery.
   
   
2. The Town Manager shall determine the policy respecting the sale of lots and the location and extent of all lots offered for sale to the public.

1. Any person who commits a breach of any of the provisions of this Bylaw shall on conviction for such breach, be liable to a penalty not exceeding One Hundred ($100.00) Dollars exclusive of costs, or in the case of nonpayment of the fine and cost imposed to imprisonment for any period not exceeding sixty (60) days.
   
   
2. The Town will pay a reward of $25.00 to any person for information that will lead to the conviction of any person committing a breach of this by-law.
   
   Bylaw No. G-249, as amended, is hereby repealed.