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Footnotes:
--- (2) --- State Law reference— Cemeteries generally, G.L. 1956, §§ 23-18-1—23-18-10; vital statistics, G.L. 1956, §§ 23-3-1—23-3-42; authority of city council as to relation of burial grounds, G.L. 1956, § 23-18-10; cemeteries, G.L. 1956, §§ 45-5-11, 45-5-12.
DIVISION 1. - GENERALLY#
Sec. 13-21. - Permit required to establish cemetery.#
No cemetery or place of burial shall be established in the city until the city council shall grant a permit for such cemetery or place of burial.
(Rev. Ords. 1987, § 13-21)
Sec. 13-22. - Petition for permit required.#
Before a permit, as required in section 13-21, shall be granted by the city council for the establishment of a cemetery or burial ground, a petition shall be filed with the city clerk, which petition shall be advertised for two weeks in some public newspaper of general circulation in the city before the petition shall be acted upon by the city council.
(Rev. Ords. 1987, § 13-22)
Secs. 13-23—13-34. - Reserved.#
DIVISION 2. - ANCIENT LITTLE NECK CEMETERY#
Sec. 13-35. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Cemetery or Ancient Little Neck Cemetery means the entire tract or parcel of land situated in the city, laid out and delineated on that certain plat entitled "Map of Little Neck Cemetery in East Providence Surveyed and Platted June, 1884, by C. E. Paine," which plat was recorded April 25, 1885 with the records of land evidence of the city in Book Plats No. 5, at page 11 and (copy) on Plat Card 79.
Chair means the chair of the Ancient Little Neck Cemetery Commission.
Commission means the Ancient Little Neck Cemetery Commission as created by this article.
Secretary means the secretary of the Ancient Little Neck Cemetery Commission.
(Rev. Ords. 1987, § 13-35)
Cross reference— Definitions generally, § 1-2.
Sec. 13-36. - Established.#
An Ancient Little Neck Cemetery Commission is hereby established in and for the city.
(Rev. Ords. 1987, § 13-36)
Sec. 13-37. - Membership; appointment and terms of members; honorary members.#
(a)
The Ancient Little Neck Cemetery Commission shall consist of five members, each of whom shall be a qualified elector of the city at the time of his appointment and during his incumbency. The members shall be appointed by the mayor with the advice and consent of the council. The members of the commission shall serve for a term of three years. The term of the members appointed in 1997 shall expire on December 31, 1997. Thereafter appointments shall be made as of the first of each third year and shall be effective for a three-year period from the first day of the year of appointment.
(b)
By a majority vote of the city council, individuals who display a special dedication to the preservation and maintenance of the Ancient Little Neck Cemetery may be made honorary members of the Ancient Little Neck Cemetery Commission. Such designation is meant to be an honorarium in gratitude for special dedication displayed by individuals to the preservation and maintenance of the Ancient Little Neck Cemetery, and such individuals shall not have any of the powers of commission members appointed pursuant to subsection (a) of this section.
(Rev. Ords. 1987, § 13-37, Ch. 460, § I, 10-21-97)
Sec. 13-38. - Vacancies.#
Vacancies occurring in the Ancient Little Neck Cemetery Commission shall be filled for the unexpired term by appointment in accordance with the appointment provisions of section 13-37.
(Rev. Ords. 1987, § 13-38)
Sec. 13-39. - Removal of members.#
The city council, by a majority vote, shall have the authority to remove any member of the Ancient Little Neck Cemetery Commission from office whenever, in its discretion, the best interests of the city shall be served thereby.
(Rev. Ords. 1987, § 13-39)
Sec. 13-40. - Meetings.#
(a)
The Ancient Little Neck Cemetery Commission shall hold regular meetings at the discretion of its members at a time and place selected by a vote of its members.
(b)
The city council, the chair or any two members of the commission shall have the authority to call special meetings of the commission. Written notice of special meetings shall be given to all members.
(Rev. Ords. 1987, § 13-40)
Sec. 13-41. - Powers and duties.#
The Ancient Little Neck Cemetery Commission shall have the following powers and duties: (1)
Confer with and advise the council and mayor on all matters concerning the management, care, use, upkeep, maintenance and regulations of the Ancient Little Neck Cemetery;
(2)
Promulgate and submit to the council for enactment such rules and regulations relative to burials and the use of the grounds of the Ancient Little Neck Cemetery for burials as the commission may deem necessary for the management of such cemetery;
(3)
Compile data and maintain records relative to the use of the grounds of the cemetery for burials;
(4)
Supervise and control burials in the cemetery pursuant to such rules and regulations as may be enacted by the city council and report to the mayor any violations of such rules and regulations;
(5)
Promote interest in the cemetery as a historical site.
(Rev. Ords. 1987, § 13-41; Ch. 877, § I, 6-6-23)
Sec. 13-42. - Election and term of officers.#
Within one month after their appointment, the members of the Ancient Little Neck Cemetery Commission shall meet in regular session and shall organize by electing from their members a chair and a secretary, each of whom shall serve in such capacity for a term of one year.
(Rev. Ords. 1987, § 13-42)
Sec. 13-43. - Duties of officers.#
(a)
It shall be the duty of the chair to preside over all meetings of the Ancient Little Neck Cemetery Commission.
(b)
It shall be the duty of the secretary to keep a record of all proceedings of the commission, transmit its recommendations to the mayor, city council and planning commission, keep records relative to the use of the grounds of the cemetery for burials and perform such other duties as are usually performed by the secretary of a deliberative body.
(Rev. Ords. 1987, § 13-43)
Sec. 13-44. - Rules and procedures generally.#
The commission for the Ancient Little Neck Cemetery shall set up its own rules, procedures, methods and regulations to determine who is entitled to burial in Ancient Little Neck Cemetery and it shall also set up the procedure which anyone shall follow in regard to the erection of fences, walls, curbs, or plantings.
(Rev. Ords. 1987, § 13-44)
Sec. 13-45. - Further burials prohibited without certificate for burial.#
Pursuant to G.L. 1956, § 23-18-10, further burials in the Ancient Little Neck Cemetery shall be prohibited unless the person seeking burial in such cemetery holds or possesses a valid certificate for burial in such cemetery issued by the commission for the Ancient Little Neck Cemetery to such person seeking burial in such cemetery. If a person has been issued such a certificate for a certain lot or grave which is already occupied, the commission shall assign another unoccupied space or grave for which no valid certificate for burial has been issued. Before the date of burial, any person who hereafter desires burial in such cemetery shall present the certificate for burial to the commission or its chair at least 24 hours before the time for burial, and such certificate shall bear the signature of the chair of the commission for Ancient Little Neck Cemetery. Upon presentation of such certificate to the chair of the commission, the chair shall mark or attach thereon his approval and designate the specific location where the burial in the cemetery shall take place.
(Rev. Ords. 1987, § 13-45)
Sec. 13-46. - Records of burials.#
All records of burials heretofore made that are in existence and all burials made subsequent to the passage of this division shall be filed with the city clerk. Such record of burial shall indicate the name of the person so interred, and the specific location of the burial by lot number and grave number.
(Rev. Ords. 1987, § 13-46)
Sec. 13-47. - Erection of walls, fences.#
In order to maintain the proper appearance and dignity commensurate with the historical and aesthetic value of an ancient historical cemetery, any erections, including walls, curbing, fences or plantings, contemplated by any person interested in erecting or planting these items upon any lot or grave in the Ancient Little Neck Cemetery shall be presented to the commission by a written request setting forth that such contemplated erection or planting is desired. Upon receiving such request, the commission shall approve, disapprove or modify such request as it deems best to preserve the historical and aesthetic value of Ancient Little Neck Cemetery. In no event shall any erection of the walls, curbing, fences or plantings be made unless it meets with the approval of the commission.
(Rev. Ords. 1987, § 13-47)
Sec. 13-48. - Removal of walls, fences, etc.#
In order to further maintain the proper appearance and dignity commensurate with the historical and aesthetic value of an ancient and historical cemetery and to facilitate the upkeep of the proper appearance of such cemetery, any walls, fences, plants or other erections already present in such cemetery which shall be deemed by the commission not to be in keeping with the proper appearance of the cemetery or which by its nature or construction hinders the proper maintenance of the cemetery may be caused to be removed or modified by the commission at its discretion.
(Rev. Ords. 1987, § 13-48)
Secs. 13-49—13-60. - Reserved.#
DIVISION 3. - EAST PROVIDENCE CEMETERY#
Sec. 13-61. - Burials prohibited in East Providence Cemetery.#
Pursuant to G.L. 1956, § 23-18-10, provision is hereby made prohibiting the burial of bodies in the following described premises: That certain tract or parcel of land situated in the city and comprising the easterly part of the John Bishop Lot, which easterly part of the John Bishop Lot was set apart in the will of Samuel O. Case under the name of East Providence Cemetery and is now laid out and delineated on plat entitled, "The East Providence Cemetery belonging to Samuel O. Case and situated northerly from Rumford Deposit on the Boston and Newport Road, East Providence, Rhode Island, surveyed and drawn by W. M. Dexter, September, 1887," which plat is recorded in the office of the city clerk in Plat Book 6, page 2 and a copy recorded on Plat Card 89. Such premises are bound and described as follows: Southerly by the New Road; easterly by the Boston and Newport Road; northerly by Moore Street; and westerly by land laid out and delineated on plat entitled, "Pine Terrace East Providence, Rhode Island, J. W. Wilbur, owner July 29, 1904, A. L. Eliot, Eng. Boston, Massachusetts," which plat is recorded in the city clerk's office in Plat Book 9, page 34. Such premises comprise Lot No. 254 on Plat No. 39 made for the use of the board of tax assessors of the city for the year 1934.
(Rev. Ords. 1987, § 13-61)
Sec. 13-62. - Fines.#
The fines for failure to maintain cemeteries in accordance with the rules and regulations relative to burials in the city shall be as follows: (1)
Grass more than six inches in height as measured from ground level .....$50.00
(2)
Funeral flowers left on a grave site more than four days .....50.00
(3)
Open graves not covered and child proofed until time of burial .....50.00
(4)
Graves not packed tight, top dressed with loam, and seeded (weather permitting) .....50.00
(Ch. 261, § I, 8-19-03)