Cemetery Bye Laws 2008

REGULATIONS FOR THE CONTROL AND MANAGEMENT OF SLIGO CEMETERY

TITLE AND COMMENCEMENT

These Bye Laws may be cited as the Sligo Borough Council Cemetery Bye Laws 2008 and shall come into force on 18th March 2009.

INTERPRETATION OF TERMS

Throughout these Bye Laws the use of the following terms shall have the following meanings:

“The Council” means Sligo Borough Council.

Parks Superintendent means the officer for the time being appointed by the Council, responsible for all burial grounds provided by and under the control of the Council.

“Caretaker (Chargehand)” shall mean the Caretaker (Chargehand) for the time being of any Cemetery under the control or ownership of the Council.

“Cemetery” means any Cemetery or Burial Ground under the control or in the ownership of the Council.

“Grave” means a burial place formed in the ground by excavation without any internal wall, brickwork or stonework or any other artificial lining.

“Single Grave space” means an area 2.4 metres in length by 1.2 metres in width.

“Plot” means an area of a graveyard consisting of one, two or more grave spaces otherwise described as a single, double, or other sized plot.

“Vault” means an underground burial place of any description except a grave as defined above.

“Lawn Plot” means a grave plot where only the head of the grave may be used for the placement of a memorial headstone and / or placement of flowers.

“Lawn Cemetery” means a cemetery or part of a cemetery wherein, other than headstones, kerbs or other such items shall not be permitted to be placed and where
all parts of the cemetery comprising lawn plots shall be maintained as grassed areas.

“Body” includes the body of any person, stillborn child or cremated human remains.

“Approved Contractor” means a contractor who may be assigned to carry out grave digging services in an emergency situation.

“Burial” includes the internment in a grave space or placing in a vault or chamber of any body or cremated human remains and “bury” shall be construed accordingly.

“Beam” means a Headstone Beam where already provided in the cemetery to delineate heads of graves.

APPLICATION OF BYE LAWS

1. The powers and duties of Sligo Borough Council in relation to burial grounds are derived from the Local Government (Sanitary Services) Acts, 1878 to 2001, the Local Government Act, 2001 (Bye Laws) Regulations 2006 and the Safety, Health and Welfare at Work, Act 2005.
2. These Bye Laws have been made in the interests of the common good for the regulation and control of activities at Sligo Cemetery and shall apply to all Cemeteries under the control or in the ownership of Sligo Borough Council. On the coming into operation of these Bye Laws, all existing Bye Laws relating to Sligo Cemetery shall cease to have effect.

INTERNMENT

3. Before the internment of the remains of any person in Sligo Cemetery an Order for Internment shall be completed by the Cemetery Administrative Staff of the Council.
   
   The Caretaker (Chargehand) shall under no circumstances, permit an internment to take place until an authorised Order for Internment is in his possession in advance of each internment.
4. An application for an Order for Internment may be made by a Funeral Director on behalf of the family or next of kin. The application for an Order for Internment must be made on a Sligo Borough Council Order for Internment form
   
   An application for an Order for Internment shall be submitted in person or by attachment to an e-mail, by Fax, phone or voice mail, to the Cemetery Administrative Staff at City Hall. Advance notice of twenty four hours minimum is required for an internment to take place. All applications for internment must be made before 4.00 p.m. Monday to Thursday inclusive and before 3.00 p.m. on Fridays. On call arrangements via the Parks Department will operate between the hours of 9am and 5 pm on Saturdays and Sundays
   
   In the event the Council Offices are closed over the weekend or due to the occurrence of a Public Holiday or Bank Holiday or during the Christmas Holiday period, the Parks Department on call Foreperson shall accept Orders for Internment from Funeral Directors and make arrangements for the opening and closing of graves. Following internment such Orders for Internment will be completed by the Cemetery Caretaker and shall be returned to the Cemetery Administrative Staff by 10.00 a.m. on the first morning following resumption of duties at Council Offices.
5. An Order for Internment shall show the First Name and Surname, date of death, date of internment, sex, age, religion, occupation or rank in life of the deceased, together with his or her last place of residence and status, whether “married”, “single”, “divorced”, “separated", “widow”, or “widower”, or the “child of A, or B.” etc. as well as the number of the plot in which burial is to take place, the purchaser of the grave, the amount of charge for opening the grave and any other particulars which may be required by the Council.
6. The particulars stated in an Order for Internment must be given by a member of the family of the deceased or by some responsible person known to the deceased and such details shall be submitted to the Cemetery Administrative Staff of the Council by the Funeral Director acting on behalf of the deceased. When remains are found which are unidentifiable, such details of the deceased as may be available, shall be submitted by the Member in Charge of An Gárda Siochána, Sligo, to a Funeral Director to make application for an Order for Internment.
   
   An authorised copy of each Order for Internment shall be delivered to the Caretaker (Chargehand) of the Cemetery by Fax, e-mail, or by hand within two hours of completion of the document by the Cemetery Administrative Staff of the Council.
7. In all cases where persons claim the right to a grave space or spaces, whether as an assignee, personal representative, or legatee, or in any other manner, the receipt for the original purchase money, the lease document or the grant must be produced, but the Director of Services or Town Clerk, may if deemed appropriate, dispense with the production of such receipt, lease document or grant, upon satisfactory evidence being given that such evidence cannot be found or that it is not intentionally withheld.
   
   When an application for an Order for Internment is made in a grave space already purchased, and a dispute arises, satisfactory evidence in the form of an official lease document, or sworn statement through a commissioner for oaths, or City Hall records must be submitted stating that the person applying is entitled to have the internment take place in that particular grave.
8. No Order for Internment is to be issued until all fees and charges payable in connection with same have been fully discharged, unless, by prior arrangement, payment is assured on account by agreement between the Council and Funeral Directors. Failure by a Funeral Director to clear his / her account on a two monthly basis shall be considered a breach of these Bye Laws.
   
   In circumstances where funeral directors are unable to remit payment of fees or charges to Sligo Borough Council within two months the Funeral Director shall forthwith notify Sligo Borough Council in writing with all relevant information including client contact details
9. Funeral Processions shall arrive at the Cemetery no later than 4.00 p.m. Monday to Sunday inclusive. Funeral Processions arriving after this time as well as funeral processions being held on Sundays, Public Holidays and Bank Holidays, shall incur an additional fee charge in accordance with the Council’s Schedule of Cemetery Fees and Charges.
10. All graves shall only be opened after correct identification and location of plot. Graves shall only be opened and closed by Cemetery operatives or by approved contractors.
    
    Under no circumstance shall owners of graves be allowed to open or close a grave. The finished surface of every grave must be flat and no higher than 25 centimetres above the level of its’ surrounding area after each internment.

REGISTRATION OF BURIALS

11. A Register to be referred to as The Burial Register shall be kept by the Cemetery Caretaker at the Cemetery Office showing the details of each internment in accordance with the Cemetery Ground Plan as provided for in Bye Law Number 14 of these Bye Laws.
    
    Such internment details shall be carefully copied from the Order for Internment as provided for in Bye Law Number 5 of these Bye Laws and entered into the Burial Register by the Caretaker within 48 hours of each internment.
    
    Entries in the Burial Register shall be made by the Caretaker in chronological order and in clear legible handwriting.
    
    The Cemetery Caretaker shall present the Burial Register to the Cemetery.
    
    Administrative Staff at the Council offices on the first Tuesday of each month for inspection.
    
    The Cemetery Administrative Staff shall compare the entries in the Burial Register with the entries in the Death Register as provided for in Bye Law number 12 of these Bye Laws to ensure all burials are entered accurately and appropriately.
    
    The Burial Register shall be available for inspection by members of the public at the Cemetery Office during normal office hours upon request to the Cemetery Caretaker or Parks Superintendent.
12. A Register, to be referred to as The Death Register, shall be kept at the Offices of the Council into which all grave spaces purchased in perpetuity shall be entered.
    
    Each entry in the Death Register shall contain the numbers and letters corresponding to the numbers and letters on the Ground Plan as provided for in Bye Law number 14 of these Bye Laws, showing the particular spaces so purchased and the details corresponding to both the Order for Internment and the Burial Register.
    
    All entries in the Death Register shall be made by Cemetery Administrative Staff in chronological order and in clear legible handwriting. The Death Register shall at all times be kept at City Hall and may only be removed from the premises upon written authorisation of the Parks Superintendent.
13. Entries in the Burial Register and in the Death Register may be inputted into a computerised record keeping system. Such information shall be backed up with computer disc storage of inputted data, or similar electronic system approved by the Council, or, by printed documentation.

CEMETERY GROUND PLAN

14. A ground plan of the Cemetery shall be kept at the offices of Sligo Borough Council and a corresponding plan shall be kept at the office at the Cemetery showing in convenient sections, properly numbered and lettered, so as to be readily distinguished, the different plots in which internments may take place, i.e. section, row and number.
    
    A copy of the schedule of all charges in connection with internments shall in both cases be kept with these plans.

GRAVE SPACES

15. A single plot grave space shall be 1.2 metres wide by 2.4 metres in length. A double plot of 2.4 metres x 2.4 metres in size shall be the maximum size of plot sold for any single internment of remains. The Director of Services, the Town Clerk or Parks Superintendent of the Council may permit the sale of a plot greater in size than a double plot in exceptional circumstances, and only upon consideration of a formal request in writing from an applicant and upon payment of the appropriate charges for grave spaces in advance of an internment therein.
16. New graves shall be allocated in strict sequential order. No advance purchases of grave spaces shall be permitted. A grave may only be purchased through an approved Funeral Director prior to each internment, subject to payment of the appropriate fee to the Council and completion of the relevant application form.
17. Each grave when opened for the first internment therein, shall be sunk to the standard perpendicular depth of 2.4 metres at least, or in case the nature of the sub-soil will not permit the grave being sunk to such depth, then to such lesser depth as the Parks Superintendent shall specify and agree. The Council shall not be held responsible, if due to factors outside its control, the full number of internments cannot be achieved in any one grave space.
    
    In no case shall a grave be sunk deeper after the first burial therein, that is to say, a coffin once buried shall not be disturbed for the purpose of deepening a grave.
18. Upon payment of the purchase money for a grave the purchaser shall be given a receipt in proper form for the amount of same and a lease in proper form shall be issued which shall state particulars as to the plot purchased by number and letter to correspond with the entry in the Ground Plan, The Order for Internment Form, The Burial Register, The Death Register and with corresponding entries in any computerised recording system which may be used by the Council.
19. One person (or that person’s legal representative) shall be registered as proprietor of the grave space or spaces purchased and under no circumstances will the Council recognise joint ownership.
20. The Exclusive Right of Burial is granted in perpetuity and entitles the deed holder to determine who is buried in the grave, and subject to the consent of the Council, whether a memorial can be erected on the grave. The grave shall be considered the personal estate of the purchaser and may be assigned in his / her lifetime. Any such assignment must be duly registered with the Council within two months of the assignment being made, or otherwise it shall have no effect.
    
    Particulars of such assignment or transfer of title to grave spaces shall be entered in the Death Register as provided for in Bye Law Number 12 of these Bye Laws. An administration fee of €60 or such sum as may be decided from time to time, shall be charged for the entry of such assignment.
21. No body shall be buried in any grave space already purchased except with the consent of the owner of such grave space, and such consent must be in writing if required by the Council or a duly Authorised Officer of the Council, subject to the Rules of the Local Government Board of Ireland, 1888, Regulation VI (one body in grave at time ex Family) and Regulation VII (reburials – 14 year period) and in accordance with the Public Health (Ireland) Act, 1878.

EXHUMATION

22. No body, nor the remains of any body, shall be exhumed or removed from one place of burial to another, without prior written consent of the Council and with such precautions as the Council may prescribe as the condition of such Licence and in accordance with Section 46 of the Local Government (Sanitary Services) Act 1948 (No. 3 of 1948), as amended by the Second Schedule of the Local Government Act 1994 and nothing in these Bye Laws shall conflict with this statutory requirement.
    
    Any person who shall remove or assist in removing any such body or remains contrary to this Regulation, or who shall neglect to observe the precautions prescribed as the condition of the Licence for Removal, shall be in breach of these Bye Laws.

MODE OF BURIAL

23. No internment shall be permitted in the Cemetery, nor shall any deceased person be admitted into any place of reception of bodies previous to internment, unless the body be enclosed in a coffin / casket of wood / metal or other sufficiently strong material as agreed with the Council.
24. The remains of infants less than two years old shall be enclosed in a coffin or casket of wood or metal as provided for in Bye Law Number 24 of these Bye Laws. Such remains shall be interred in a grave space of minimum dimensions 1.2 metres wide by 2.4 metres in length unless such infant remains are to be interred in a plot specially designated for the burial of infants. The ground opening for the burial of such infant remains shall be a minimum of 0.60 metres in width by 1.22 metres in length with minimum perpendicular depth of 1.22 metres.
25. Cremated remains (ashes) shall be interred in a grave space of minimum dimensions 1.2 metres in width by 2.4 metres in length. The ground opening for the burial of cremated remains shall be a minimum of 0.60 metres in width by 0.60 metres in length with a minimum perpendicular depth of 0.60 metres within the minimum designated grave space.
    
    The Council may designate special areas or specially constructed structures within the Cemetery for the burial of cremated remains.
26. The Caretaker shall not permit cremated remains to be interred unless a properly completed and authorised Order for Internment, pertinent to the cremated remains, is in his possession prior to internment.
    
    Cremated remains shall be contained in a casket, urn or container made of wood, metal, or other material sufficiently strong, as agreed with the Council.
    
    The scattering of cremated remains within the grounds of the cemetery shall not be permitted under any circumstances.

HEALTH AND SAFETY

27. In compliance with the Safety, Health and Welfare Act, 2005, safety shoring equipment shall be installed in advance of an internment, where a grave is being dug by mechanical means to a depth greater than 1.25 metres. When a grave is being dug by manual means to a depth greater than 1.25 metres, safety shoring equipment shall be installed as the work progresses once the depth of the excavation exceeds 1.25 metres.
    
    In the interests of safety the old system of lining of graves with moss, ferns or any other vegetation is strictly prohibited. Any new proposed system for the decorative lining of graves must seek and obtain the written approval and sanction for use by the Parks Superintendent

PAYMENT FOR SERVICES

28. All money for the purchase of grave spaces, right to erect memorial stones, Annual Licence fees and other charges, must be paid in advance to the Council except where by prior arrangement, payment is assured on account by agreement with the Council. Payment for burials and other charges shall be paid to the Council within 60 days after invoice date. Overdue accounts shall be subject to interest charge at a rate to be determined from time to time by the Director of Services or Town Clerk. In the event of non payment for grave spaces and any other charges due to the Council, the Council reserves the right to close such account and deny permission to the account holder to carry out burials and other services at the Cemetery until such debt is paid.
    
    An Authorised Administrative Officer of the Council shall give to the party making payment a receipt setting forth the particulars of the charges for which the money was paid. No payment made to any other person shall be recognised by the Council, unless the receipt herein mentioned be produced.
29. The charges to be paid to the Council for grave spaces, for opening graves and for any other charges in connection with the management of the Cemetery shall be those as may be fixed by the Director of Services or Town Clerk. Such charges shall be as per the Schedule of Cemetery Fees and Charges and shall be subject to review from time to time by the Director of Services or Town Clerk.
30. A book and / or computerised recording system, shall be kept at the Administrative Office of the Council in which shall be entered immediately on receipt, the details of all monies paid in respect of the purchase of grave spaces, internments etc.

MONUMENTS / MEMORIALS

31. At least 28 days shall be allowed to pass after an internment before monumental work of any kind, including the installation of a foundation, kerbing, headstone or any memorial artefact shall commence.
    
    The Caretaker shall under no circumstances, permit monumental work of any kind to take place prior to the expiry of a 28 day period after an internment.
32. Monumental Sculptors who wish to deposit or install foundations, headstones, kerbing, or other memorial artefacts and structures in the Cemetery, including replacement headstones and kerbing, shall make written application to the Parks Superintendent in the form of a Foundation - Memorial Permit in advance of such work.
    
    The foundation - memorial permit application form shall be completed by the retail monumental sales agent and shall show the name of the monumental contractor / sculptor and the name and other relevant details of the interred person(s), the dimensions, reinforcement and construction details of the foundations, headstone and kerbing, the headstone orientation, as well as the plot location and any other details as may be required by the Council.
    
    The application for a foundation - memorial permit shall be reviewed and authorised in writing by the Parks Superintendent. A permit to install or erect a foundation and / or a memorial shall only be validated after it has been confirmed that all necessary , monumental contractor / sculptor insurances and safety statements are in place, that the grave space purchase fee has been paid in full, that all proposed construction works comply with height restrictions and other Cemetery Bye Laws and the foundation and / or memorial permit fee has been paid in full.
    
    The valid period for the completion of approved works shall be six months from the date of issue of a Foundation - Memorial permit. This validity period may be extended at the discretion of the Parks Superintendent. The charge for each permit shall be as per the Schedule of Cemetery Fees and Charges and shall be subject to review from time to time by the Director of Services or Town Clerk.
33. The Cemetery Caretaker shall be notified by contractor / monumental sculptors at least seven days in advance of their intention to conduct works on an authorised installation in Sligo Cemetery. No foundation or monumental work of any kind shall be allowed in the absence of an authorised Foundation - Memorial Permit. The Cemetery Caretaker shall, under no circumstances allow foundation or monumental works to take place unless an official signed Foundation - Memorial Permit has been presented to him and accepted as valid.
34. Foundation and / or monumental works may only be undertaken by contractors or monumental sculptors who comply with Cemetery Bye Laws. All foundation and monumental work shall only be undertaken in accordance with best practice industry standards. The issuing of a Foundation - Memorial permit shall be at the discretion of the Parks Superintendent.
35. A Headstone shall not be greater in height than 1.22 metres (4.0 ft.) above ground level on a single plot grave space and shall not be greater in height than 1.40 metres ( 4ft. 6”) above ground level on a double plot grave space. On a triple plot grave space the headstone shall not be greater in height than 1.53 metres (5.0 ft) above ground level. Each headstone shall be kept in line with adjoining headstones and shall be faced in the direction indicated by the Caretaker of the Cemetery.
    
    Foundation surface finish shall be at ground level. Ground level shall be determined as the highest point of the ground surrounding the grave space. All headstones, monuments, vaults, etc., shall be founded at a depth not less than 500 m.m. (18”) below ground level. Foundations for kerbing shall be 225 m.m. (9”) in width by 300 m.m. (12”) minimum depth. Such foundations shall be constructed of concrete class 30 N 20 strength and shall be reinforced with a minimum of two number 10 m.m. steel reinforcing bars or otherwise constructed in such manner as may be approved by the Parks Superintendent.
    
    Kerb Surrounds shall not be greater in height than 150 m.m. above foundation level and shall be no greater than 150 m.m. in width. Corner Posts shall not be greater in height than 200 m.m. above foundation level and no greater than 150 m.m. in width.
    
    Kneeler Structures shall not be permitted to be greater than 50 m.m. above the top level of the kerb surround and shall only be permitted at the front of a grave facing the headstone.
36. The specifications provided for in Bye Law number 36 of these Bye Laws shall be regarded as minimum standard specifications for the installation of memorials and memorial artefacts at the Cemetery.
    
    The responsibility for the installation of memorials and memorial artefacts shall be that of the monumental contractor and / or monumental sculptor and owner of the grave plot. Sligo Borough Council shall not accept responsibility for the workmanship of monumental contractors or monumental sculptors.
37. The outer edge of foundations for headstones and kerbing must be constructed flush with and inside the boundary of the plot. Monuments, sculptures and ornaments shall not be permitted to protrude outside the boundary of the plot.
38. The building of above ground vaults shall be prohibited in the Cemetery except in the old section of the Cemetery adjoining Pearse Road. The building of such vaults may only be permitted upon the presentation of detailed drawings and specifications to the Cemetery Section of the Council and only with the approval of the Director of Services, Town Clerk or Parks Superintendent. The construction of approved vaults shall be carried out under the supervision of the Parks Superintendent.
39. Every monument shall have the grave number(s) and the initials of the monumental agent cut conspicuously on its base. Headstones shall be erected back to back where a foundation beam is provided. Each headstone base shall only be allowed to use half of the width of foundation beam provided. A headstone inscription shall only be inscribed on the front face of a headstone facing the grave space of the interred person(s) therein. No inscription shall be permitted on the rear of a memorial headstone.
40. Railings, chains, wind chimes and wind driven toys or ornaments are not permissible on graves or monuments. No monument or fences constructed of plastic, wood, glass, ferrous metals or tiles, shall be permitted.
41. The mixing of concrete on footpaths or driveways shall be prohibited at all times. The hewing or dressing of stone or monumental operations of any other description shall only be permitted in the Cemetery with the approval of the Parks Superintendent.
42. All surplus materials including soil, concrete, stone and timber generated by a contractor or monumental sculptor in respect of the installation of a headstone or kerbing shall be removed from the Cemetery by the contractor or monumental sculptor within 24 hours of the completion of installation of monumental works.
    
    The storage by contractors and monumental sculptors of work materials, tools, equipment and vehicles within the Cemetery shall not be permitted. The Council reserves the right to remove and dispose of any and all such materials deposited or stored within the Cemetery. The Council shall not accept any liability in relation to the removal and disposal of such materials.
43. The Council shall not be responsible for keeping an inscription, foundation, headstone, kerbing, tomb, vault or other memorial artefact or structure of any description or kind whatsoever, in repair or in proper condition. The Council shall not accept responsibility for any accidents to memorials etc., occasioned by third parties, or by storm, wind, lightning, subsidence, or other cause.
44. The upkeep of a vault, grave, headstone or monument shall be the responsibility of the owner of the property. The owner of a grave shall be required to maintain the grave in a neat and tidy fashion. The height of grass on a grave shall not be permitted to exceed 150 m.m. Shrubs and plants shall not be permitted to protrude outside the boundary of a grave space. The Council may strim, chemically spray, and / or remove overgrown vegetation from a neglected grave and shall be entitled to recover the cost of same from the owner of such grave.
45. A monumental sculptor and his employees, or a contractor or funeral director, and / or their employees and all other employees or workers whether employed by the Council or any other person, shall at all times whilst working in the Cemetery be subject to the supervision, direction and control of the Council and shall be guilty of an offence if they refuse to obey any such reasonable direction given by an Authorised Officer of the Council.
46. Contractors and others performing work in the Cemetery shall only carry out such work during normal hours of attendance of the Caretaker at the Cemetery.
47. During internments all contractors and monumental sculptors working within 200 metres of a funeral service shall cease all activity until such service is ended and all bereaved and other mourners have left the Cemetery.
48. Where burial plots are found by Council staff to be a danger to the public by way of broken headstones or kerbs or collapsed graves, the Council have the right to make the plot safe and secure, in the interest of Health and Safety.
49. If in the opinion of the Parks Superintendent, the installation of monumental works is in breach of the memorial permit approval or in breach of these Bye Laws, or, if a headstone, foundation, kerbing or memorial artefact offends public decency, is unsafe or unsightly by virtue of neglect or otherwise, the Parks Superintendent may order the removal of such headstone, foundation, kerbing or memorial artefact by the retail monumental sales agent, memorial permit holder or grave owner.
    
    In the event of refusal by the installer, permit holder or grave owner to remove the unauthorised monumental artefact, the Council may order its removal by its own staff or by an external contractor and the Council shall be entitled to recover any expenses so incurred from the party who installed the unauthorised memorial artefact or from the permit holder or owner of the grave space.
    
    Should a contractor, monumental sculptor or individual cause an unauthorised headstone, foundation, kerbing or memorial artefact to be installed at the Cemetery the Council shall have the authority and discretion to refuse permission to that same retail monumental sales agent, contractor, monumental sculptor or individual, to perform any further works within the Cemetery on a permanent basis or until such time as such unauthorised headstone, foundation, kerbing or memorial artefact is removed and all costs which may be incurred by the Council paid in full.
50. The Director of Services or Town Clerk reserves the right to implement an Annual Licence system for all retail monumental sales agents, contractors and monumental sculptors who may wish to carry out works within the Cemetery. The granting of such annual licence, if implemented, shall be subject to payment to the Council of an annual fee which shall be determined by the Director of Services or Town Clerk from time to time. The annual licence if applicable shall be granted subject to satisfactory performance by each individual retail monumental sales agent, contractor and monumental sculptor and shall also be subject to compliance with Cemetery Bye Laws and with Safety, Health & Welfare Regulations. It shall also be a condition of the granting of an annual licence that the retail monumental sales agent, contractor or monumental sculptor shall have in place appropriate levels of Public Liability and Employers Liability Insurance Cover as provided for in Bye Law Number 53 of these Bye Laws as well as appropriate Safety, Health & Welfare documentation as may be required from time to time by the Council.
    
    The Council reserves the right at all times to refuse amend or withdraw an Annual Licence in the event the applicant or licence fails to perform in a manner satisfactory to the Parks Superintendent.
51. The Council shall not accept responsibility for mistakes in information given in good faith by Council staff regarding grave positions etc. Whilst every effort will be taken to give correct information, it shall be the responsibility of the grave owner to retain correct records of grave ownership and location.
52. All contractors, and monumental sculptors engaged in the installation of monuments and grave surrounds at the Cemetery shall have in place Public Liability Insurance cover to a minimum value of € 6.4 million and Employers Liability Insurance cover to a minimum value of € 13.0 million and shall present proof of same to the Parks Superintendent upon request.
    
    Adjustments in the value of necessary insurance cover shall be determined by the Director of Services, Town Clerk or Parks Superintendent from time to time.
    
    Public Liability Insurance and Employee Liability Insurance policy documents shall include the following clause … “Sligo Borough Council shall be indemnified against all third party claims which may arise as a result of works performed by the Insured”
53. Prior to engaging in the supply of services, contractors and monumental sculptors shall present to the Parks Superintendent a copy of their Safety Statement and a Site Specific Method Statement incorporating all risks and hazards specific to the nature of the works to be undertaken at the Cemetery, in compliance with the Safety, Health & Welfare at Work Act, 2005 and all other relevant statutory provisions and codes of practice.

LAWN AREA

54. In the “Lawn Area” of the Cemetery, with the exception of headstones, the following items shall not be placed on grave spaces:
    • kerbs,
    • kneelers,
    • ornaments,
    • toys,
    • wreaths,
    • flowering plants,
    • shrubs,
    • pot plants,
    • glass, plastic or ceramic vases,
    • bark or stone mulch materials,
    • plastic or steel chain.
    
    
    Fresh flowers and fresh wreaths may however be placed on the headstone beam of such graves. Within two months after a burial has taken place such flowers or wreaths shall be removed by the owners of the grave space or their representatives and shall be deposited in the litter bins provided. Grave spaces in the “Lawn Area” shall be seeded with lawn grass seed and maintained by the Council at no cost to the owner of the grave. No persons other than the Caretaker or Cemetery staff shall interfere with or alter the grass area of such graves.

FUNERAL DIRECTORS

55. It shall be the responsibility of the Funeral Director or his agents to ensure all internments are conducted in a safe manner in full compliance with all relevant Safety, Health and Welfare Regulations. Designated Council operatives or contractors shall be assigned to assist the Funeral Director with the placement of a coffin in a grave.
56. The provision, management, maintenance and operation of mechanised coffin lowering systems shall be the sole responsibility of a Funeral Director or his agents.
    
    It shall be the responsibility of the Funeral Director or his agents to maintain such equipment where provided, in safe working order at all times.
57. The provision, erection, management and maintenance of graveside tents or shelters shall be the sole responsibility of a Funeral Director or his agents.
    Tents, Chairs, or other items used for an internment service shall be removed by the rightful owner or authorised user of such items immediately after each funeral service has concluded and such items shall not be stored within the Cemetery.
58. The Council shall not be responsible for any discrepancies, errors or omissions in any notice of internment or other document which is required to be given or served on the Council or for liability arising from such discrepancies, errors or omissions.
    
    Neither shall the council be responsible for the late receipt of any notice of internment or other document which is required to be given to or served on the Council or for liability arising from such late receipt.
59. All Funeral Directors engaged in providing funeral services at the Cemetery shall have in place Public Liability Insurance cover to a minimum value of € 6.4 million and Employers Liability Insurance cover to a minimum value of € 13.0 million and shall present proof of same to the Parks Superintendent upon request.
    
    Adjustments in the value of necessary insurance cover shall be determined by the Director of Services, Town Clerk or Parks Superintendent from time to time.
    
    Public Liability Insurance and Employee Liability Insurance policy documents shall include the following clause … “Sligo Borough Council shall be indemnified against all third party claims which may arise as a result of works performed by the Insured”
60. Prior to engaging in the supply of services, all Funeral Directors shall present to the Parks Superintendent a copy of their Safety Statement and a Site Specific Method Statement incorporating all risks and hazards specific to the nature of the services to be undertaken at the Cemetery, in compliance with the Safety, Health & Welfare at Work Act, 2005 and all other relevant statutory provisions and codes of practice.

CEMETERY OPENING HOURS

61. Opening hours for visitors shall be as follows:
    • 8.15 a.m. to 9.00 p.m. from April to August inclusive
    • 8.15 a.m. to 7.00 p.m. during September
    • 8.15 a.m. to 6.00 p.m. from October to March inclusive

These opening hours may be adjusted from time to time at the discretion of the Director of Services or Town Clerk.

Members of the public are prohibited from being in the Cemetery at times outside official opening hours. Children under the age of 12 years must be accompanied by an adult while visiting the Cemetery.

Access to the Cemetery shall be through open gates only.

MECHANICAL VEHICLES

62. The use of motor cycles, mopeds and bicycles shall not be permitted in the Cemetery. With the exception of members of the public wishing to deliver plants and plant materials to a family grave the use of motor cars shall not be permitted within the Cemetery. During internment proceedings Funeral Directors vehicles and those of the immediate family and principal mourners shall be allowed to access the Cemetery using the main driveways only by arrangement with the Cemetery Caretaker.
    
    Infirm or physically handicapped persons may be allowed to access the Cemetery by motor car during normal daylight hours using the main driveways only and only during times of attendance of Cemetery staff and by prior arrangement with the Cemetery Caretaker or Parks Superintendent.
63. Vehicles of contractors, monumental sculptors, and others performing work in the Cemetery shall only be allowed into or out of the Cemetery during normal hours of attendance of the Caretaker. Such vehicles shall be prohibited from driving or parking on grass surfaces within the Cemetery.
64. Contractors and monumental sculptors vehicles greater than 4.5 metres in length shall be allowed to use main entrances to the Cemetery for the delivery of materials but such vehicles shall be confined to the main driveways only and shall be prohibited to use any of the side passageways, footpaths or grass surfaces.

CEMETERY STAFF

65. No money perquisite or gratuity of any description shall be given to, or received by the Caretaker or Cemetery operatives. No work of a remunerative nature, other than the performance of official Council duties may be undertaken by the Caretaker, Cemetery operatives or by other Council staff within the Cemetery at any time.

GENERAL

66. A person shall not in the Cemetery –
    1. Wilfully destroy injure or damage any, building, wall, or Council property
    2. Destroy or injure or damage any fauna, tree, shrub, plant, wreath or lawn surface.
    3. Distribute or put up any graffiti, handbill, circular or advertisement or leave any equipment with advertising on it within the Cemetery.
    4. Wilfully destroy injure, damage, or deface any grave, monument, vault tombstone or other surface, structure or an epitaph or an inscription or flowers or other tokens placed thereon.
    5. Play any game or sport.
    6. Discharge a firearm except at a military funeral or similar occasion with permission from the Director of Services or Town Clerk. A member of the Gárda Siochána or the Defence Forces acting in the course of their duties shall be exempt from this regulation.
    7. Sell or buy any article or thing or solicit the sale of memorials.
    8. Commit a nuisance or wilfully and unlawfully disturb persons assembled for a funeral service.
67. With the exception of guide dogs for the visually impaired and dogs under the control of a Gárda or Customs Officer on duty, no dogs shall be admitted to the Cemetery.
    
    The Council may seize any other dog that is in the Cemetery and may direct the Dog Warden for the County of Sligo to remove such dog from the Cemetery. The Council shall not be liable in damages for seizing and dealing with a dog in accordance with the provisions of the Control of Dogs Act 1986.
68. A person who obstructs, impedes or refuses to comply with a request of a member of the Gárda Siochána, the Caretaker of the Cemetery, Parks Superintendent or other Authorised Officer of the Council acting in the exercise of the functions conferred on an Authorised person by these Bye Laws, shall be guilty of an offence.
    
    Where an authorised person or a member of the Gárda Siochána is of the opinion that a person is committing or has committed an offence to which these Bye Laws relate, the authorised person or the Gárda, as the case may be, may demand the name and address of such person and if this demand is refused or the person gives a name or address which is false or misleading, the person shall be guilty of an offence.
    
    Where a member of the Gárda Siochána is of the opinion that a person is committing or has committed an offence to which these Bye Laws relate, that member may arrest the person without warrant.
    
    An offence under these Bye Laws may be prosecuted by the Council or by a member of the Gárda Siochána.
69. The foregoing rules and regulations shall be binding on all parties having places of burial in the Cemetery, on all other persons connected with the Cemetery and on visitors to the Cemetery until they are altered or amended by the Council and shall be then binding as so altered and amended.
70. Not withstanding the penalties which may be imposed under any other Bye Law made by the Council which may apply to the Cemetery Grounds and with the exception of specific penalties stated within these Cemetery Bye Laws of 2008, a person who contravenes a provision of these Cemetery Bye Laws shall be guilty of an offence and shall be liable on summary conviction in the District Court to a fine not exceeding € 1,904.60.
    
    After a person is convicted of such an offence, the continued breach of these Cemetery Bye Laws shall constitute an offence for each day on which it occurs and a daily fine of up to € 126.97 shall apply.
71. Questions arising for which no provision is made in these Bye Laws shall be referred to the Director of Services or Town Clerk whose decision shall be final.
72. Any complaint relating to any aspect of the management of the Cemetery should be made in writing to the Director of Services / Town Clerk, City Hall, Quay Street, Sligo.
73. A copy of these Bye Laws shall be available in the office at Sligo Cemetery and at City Hall, Quay Street, Sligo, or by downloading from www.sligoborough.ie

Adopted by Sligo Borough Council on 2nd February 2009 and sealed with the Common Seal

This 2nd day of February 2009.

Veronica Cawley
Mayor

John McNabola
Town Clerk