Lake View Cemetery As­so­ci­ation
In­ter­laken, New York
By-Laws
  1. The of­ficers of this As­so­ci­ation are, by the act un­der which it is formed, twelve Trust­ees elec­ted by the lot own­ers at the an­nu­al meet­ing; a full term be­ing three year. Va­can­cies on the Board of Trust­ees shall be filled by ap­point­ment un­til the next an­nu­al meet­ing, at which time a trust­ee shall be elec­ted to com­plete the un­ex­pired term. Trust­ees so elec­ted are ex­pec­ted to act­ively par­ti­cip­ate in the run­ning of the cemetery and to at­tend meet­ings as called. Trust­ees un­able to ful­fill the re­spons­ib­il­it­ies of of­fice may re­quest a leave of ab­sence and a sub­sti­tute Trust­ee be named by the Board.
  2. The Trust­ees shall an­nu­ally elect a Pres­id­ent, Vice-Pres­id­ent, Sec­ret­ary and Treas­urer.
  3. Ex­ec­ut­ive com­mit­tee: the mem­bers of the Ex­ec­ut­ive Com­mit­tee, and there­fore those who can sign fin­an­cial in­stru­ments of the cemetery, be­ing the Pres­id­ent, Vice Pres­id­ent, Sec­ret­ary, and Treas­urer shall not be re­lated to each oth­er by birth, mar­riage or ad­op­tion.
  4. The an­nu­al elec­tion of of­ficers shall be held on the 15th day of March, or as near that time as pos­sible.
  5. It shall be the duty of the Pres­id­ent to preside at the meet­ings of the Trust­ees and ex­ecute all con­vey­ances with the Treas­urer, un­der com­mon seal of the As­so­ci­ation.
  6. The Pres­id­ent shall have power to call spe­cial meet­ings of the Board of Trust­ees and with the help of oth­er elec­ted of­fi­cials, su­per­in­tend the grad­ing, fen­cing, sur­vey­ing, lay­ing out, plot­ting and or­na­ment­ing the grounds and lots, as they may be dir­ec­ted by the res­ol­u­tion of the Trust­ees.
  7. The Vice-Pres­id­ent shall per­form the du­ties of the Pres­id­ent in the ab­sence of that of­ficer.
  8. The Treas­urer shall re­ceive the funds of the Cemetery to dis­burse or de­pos­it them upon the or­der and dir­ec­tion of the Trust­ees. To re­port all funds in the Treas­ury to the Trust­ees whenev­er re­ques­ted by them so to do. The Treas­urer shall an­nu­ally, on the 15th day of March, render in writ­ing to the Trust­ees a full re­port of the state of the Treas­ury, a copy of which is filed with the State Cemetery Board as re­quired by law. The Treas­urer shall give a bond, which shall be duly ap­proved by the Trust­ees.
  9. The Sec­ret­ary shall keep in a book provided for that pur­pose, re­cords of the pro­ceed­ings of each meet­ing, of all by-laws ad­op­ted by the As­so­ci­ation, and keep the same in a con­veni­ent form for its use.
  10. The Sec­ret­ary shall enter in a bound re­gister, to be kept by the Sec­ret­ary, the name, res­id­ence and age of each per­son whose re­mains shall be in­terred in the cemetery, to­geth­er with the date of his or her de­mise, and the lot and the par­tic­u­lar part of the lot upon which such re­mains are bur­ied.
  11. The Cemetery As­so­ci­ation shall keep in a spe­cial fund of moneys twenty per­cent (20%) of the sale price of all lots. The in­terest from said funds to be used in keep­ing and main­tain­ing the cemetery.
  12. Gifts, be­quests or oth­er spe­cial funds re­ceived by the Cemetery As­so­ci­ation shall be used in the man­or stated with the gift or as deemed most be­ne­fi­cial to the gen­er­al good of the cemetery.
  13. The Pres­id­ent, Vice Pres­id­ent Sec­ret­ary and Treas­urer shall have their sig­na­tures on file with the fin­an­cial in­sti­tu­tion(s) where cemetery funds are de­pos­ited. Two sig­na­tures will be re­quired on all cemetery fin­an­cial trans­ac­tions and/or to gain ac­cess to the safe de­pos­it box.
Rules and Reg­u­la­tions
  1. No work of any kind shall be done in the cemetery un­less un­der the dir­ec­tion of the Ex­ec­ut­ive Com­mit­tee or Trust­ees. The plant­ing of rur­al ad­orn­ment will be kept strictly un­der the con­trol of the Trust­ees.
  2. No per­son shall will­fully des­troy, mu­til­ate, de­face, in­jure or re­move any monu­ment or grave­stone or oth­er struc­ture placed in said cemetery, nor shall will­fully des­troy, re­move, cut or break or in­jure any tree, shrub, plant or flower in said cemetery, nor travel up or down or across any ter­race, lot or grave. Every vi­ol­a­tion of this sec­tion shall be pun­ished by a fine to cov­er ex­penses ac­cord­ing to the nature and ag­grav­a­tion of the of­fense.
  3. No stone or brick wall or fence shall be erec­ted as an en­clos­ure of lots without ap­prov­al of the Trust­ees. Wooden en­clos­ures and lettered boards des­ig­nat­ing graves will not be al­lowed.
  4. No per­son shall change the grade of any lot without the con­sent of the Trust­ees. Per­sons who en­close lots or make oth­er im­prove­ments upon them, after hav­ing been graded, thereby dis­ar­ran­ging the pre­vi­ous im­prove­ments made, will be charged the cost of put­ting them in or­der again.
  5. No plants or flowers are to be planted on the lots that shall in­ter­fere with the mow­ing and trim­ming of said lots. An urn with plants or flowers that can be moved is per­mit­ted.
  6. For the safety of all, glass blocks and oth­er glass con­tain­ers are pro­hib­ited after a grave has been leveled and will be re­moved.
  7. Cemetery Trust­ees or em­ploy­ees have the right to re­move and dis­pose of broken flower­pots, vases, urns, plastic or ceram­ic con­tain­ers deemed un­sightly and/or pos­ing a threat to the mow­ing and trim­ming equip­ment. This also in­cludes un­sightly or de­cay­ing wreaths, flowers, flor­al sprays, ar­ti­fi­cial flowers or oth­er ar­ti­fi­cial dec­or­a­tions or the hold­ers and/or sup­ports for same, after due no­tice to the lot own­er.
  8. If any tree or shrubs situ­ated in any lot, by means of their roots, branches or oth­er­wise, be­come dan­ger­ous or haz­ard­ous to the ad­ja­cent lots, streets, or av­en­ues, or un­sightly or in­con­veni­ent, it shall be the duty of the said Trust­ees, and they shall have the right to enter the said lot and re­move the said trees and shrubs, or such parts there­of as are dan­ger­ous or hazaard­ous, un­sightly or in­con­veni­ent, if in their judg­ment it should be done, upon due no­tice to the cur­rent lot own­er, if known. Cemetery per­son­nel have the right to trim bushes and shrubs to pre­vent over­growth.
  9. If any ef­figy or en­clos­ure or any struc­ture whatever, or any in­scrip­tion placed upon any lot or place in said cemetery, shall be de­term­ined by the Trust­ees to be of­fens­ive, im­prop­er or in­jur­i­ous, the said Trust­ees shall have the right, and it shall be their duty, to enter upon such said lot or place and re­move the said of­fens­ive or im­prop­er ob­ject or ob­jects, after due no­tice to the lot own­er.
  10. Found­a­tions and corner­stones
    1. The found­a­tion of all monu­ments taller than one-foot to have a foot­er 4 feet deep. For stones less than one-foot high the foot­er to be 30” deep. All foot­ers to be sol­id con­crete with re­bar in the con­crete.
    2. All found­a­tions shall meas­ure three inches wider and three inches longer on each side than the base monu­ment or head­stone size. The top of the foot­er/found­a­tion to be 5 inches above the highest point of grade. If there is sig­ni­fic­ant grade the most ex­posed side must have 3 feet of con­crete in the ground
    3. Said found­a­tions to be con­fined to the west two feet of the lot/plot and can­not be laid out or dug out without as­sist­ance from Cemetery of­fi­cials.
    4. No embellishment, columbariums, monuments, decorations, or plantings, shall be set in any way to prevent access by equipment. A minimum of 78 inches (6½ feet) from the east side of the lot is required.
    5. (Reserved.)
    6. Corner­stones will be ordered for each lot when sold and placed by the cemetery trust­ees or their em­ploy­ees. Lot own­ers and/or monu­ment deal­ers are pro­hib­ited from pla­cing corner­stones.
    7. The trust­ees re­serve the right, at their op­tion, to re­build the found­a­tions of any monu­ment, head­stone or cop­ing char­ging a reas­on­able com­pens­a­tion there­of after due no­tice to the lot own­er.
  11. No in­ter­ment shall be al­lowed without a buri­al per­mit or cer­ti­fic­ate of crema­tions fur­nished to the cemetery in ac­cord­ance with the stat­utes of the State of New York in such cases made and provided.
  12. All disinterments, full burials, ashes or urns, require a court order. In event of such court ordered disinterment, approved fees shall apply.
  13. For all lots pur­chased after 15 March 2021 that one plot (3 feet 3 inches wide) would al­low for one full buri­al and two ashes; or three ashes con­tin­gent upon space based on the con­tain­er(s) used. All head­stones to be con­fined to the two-foot sec­tion on the west end of the plot. In ad­di­tion, re­com­mend that all plots sold pri­or to that date fol­low the same policy.
  14. Con­crete vaults or con­crete grave liners will be re­quired for all in­ter­ments in graves pur­chased on or after May 1, 1997. Lot own­ers and fam­il­ies are en­cour­aged to use con­crete vaults or con­crete grave liners in lots pur­chased pri­or to May 1, 1997 so as to pre­vent the col­lapse of graves.
  15. No con­vey­ance, as­sign­ment or trans­fer of the right of buri­al upon any lot or any part of a lot will be re­cog­nized by the Trust­ees nor any in­ter­ment be al­lowed by vir­tue here­of, un­less such con­vey­ance, as­sign­ment of trans­fer be ex­hib­ited to the Trust­ees, and the same be re­gistered in the books of the cemetery and that con­sent thereto shall be giv­en by some one of the of­ficers or ex­ec­ut­ive com­mit­tee.
  16. Per­mis­sion by a lot hold­er to inter with­in the lot, giv­en to oth­ers than mem­bers of the fam­ily, must be made in writ­ing and filed with the Sec­ret­ary.
  17. To provide for the in­ter­ment of de­ceased per­sons whose friends may not de­sire to pur­chase the right of buri­al in a full, half, or quarter lot, there are des­ig­nated areas in the cemetery suit­able for single buri­al or crema­tion buri­al.
  18. All in­ter­ments/dis­in­ter­ments, wheth­er full buri­als or ashes, shall be sched­uled with the pres­id­ent, vice pres­id­ent, sec­ret­ary or their de­sign­ee. No in­ter­ments will be sched­uled on Sundays or hol­i­days ex­cept in cases of ex­treme need or ex­ten­u­at­ing cir­cum­stances.
  19. The open­ing and clos­ing of graves will be done un­der the dir­ec­tion of the Trust­ees. Graves will be left raised un­til the loose earth settles, when they will be made level with the lot and seeded.
  20. Drivers of vehicles must drive only in the road not en­croach­ing upon the grass, and make no in­de­cent haste in leav­ing the cemetery. The cemetery is closed to vehicle traffic whenev­er snow, muddy roads or oth­er haz­ards be­come a factor and is so in­dic­ated when the cemetery en­trance is chained off stat­ing "Closed to Vehicle Traffic." Any per­son re­mov­ing the chain and driv­ing a vehicle upon such haz­ard­ous roads will be held li­able for any dam­age sus­tained to the road prop­er or any area along the road­way, be­ing caused from said vehicle be­com­ing mired in mud or snow. In such cases, there will be a charge placed against the driver for pulling said vehicle out and re­mov­ing it from the cemetery.
  21. No un­usu­al ce­re­mon­ies or fir­ing of vol­leys will be al­lowed ex­cept with the per­mis­sion of the Trust­ees.
  22. All lots here­after sold shall be paid for in full, be­fore a deed shall be giv­en or in­ter­ment made.
  23. Al­though reas­on­able care will be ex­er­cised in mak­ing in­ter­ment/dis­in­t­en­ment, the Cemetery as­sumes no li­ab­il­ity for dam­age to any cas­ket, buri­al case, box or urn which may oc­cur in the course of mak­ing an in­ter­ment/dis­in­t­en­ment, nor for the dis­turb­ance of the re­mains them­selves. A paver block shall be placed on the orn or container and a piece of met­al shall be placed ad­ja­cent to all cre­mains and oth­er buri­als if not en­cased in a vault to fa­cil­it­ate loc­at­ing them in the event fur­ther buri­als are to be made on the lot.
  24. Lot own­ers and/or their sur­viv­ors have the use of the vault without charge from Novem­ber first to May first. Oth­ers re­quest­ing to use the vault shall be charged a fee per month for each whole or par­tial month there­of. All re­mains stored in the vault shall be re­moved/in­tered pri­or to May 20th.
  25. Vis­it­ors shall ab­stain from loud talk­ing, singing, whist­ling or oth­er dis­turb­ing and un­ne­ces­sary noise.
  26. Vis­it­ors may not bring upon the grounds fire­arms, fire­crack­ers, or oth­er ex­plos­ive sub­stances, nor re­fresh­ments, oth­er than wa­ter. They should re­frain from smoking dur­ing ce­re­mon­ies or in­ter­ments.
  27. Vis­it­ors shall re­frain from writ­ing upon, mark­ing or in any re­spect mar­ring or de­fa­cing any tab­let, monu­ment, tree, head­stone or struc­ture in said cemetery. Wa­ter sol­uble chalk may be used to as­sist in read­ing older stones. Care should be used at all times to sup­port the stones so that they are not harmed or dis­turbed.
  28. Vis­it­ors un­der the age of twelve years are to be ac­com­pan­ied by some per­son who will be re­spons­ible for their con­duct.
  29. Vis­it­ors shall ob­serve in all re­spects rules, be­ha­vi­or and pro­pri­ety as shall be harm­less to the cemetery, in­of­fens­ive to oth­er vis­it­ors, and be re­minded that these grounds are sac­redly de­voted to the in­ter­ment of the dead, and that strict ob­serv­ance of the de­cor­um be ob­served.
  30. The Chapel (vault) is off lim­its to vis­it­ors dur­ing the peri­od of winter stor­age of re­mains await­ing Spring buri­al.
  31. Any per­son vi­ol­at­ing any of the fore­go­ing rules shall be sub­jec­ted to the severe pen­al­ties which the laws in such cases im­pose.
  32. The Cemetery shall have no li­ab­il­ity what­so­ever for any in­jury or dam­age to per­sons or prop­erty arising out of any ac­tion or in­ac­tion on the part of any oth­er per­son whom­so­ever, in­clud­ing but not lim­ited to vis­it­ors, lot own­ers, per­sons em­ployed by lot own­ers in con­nec­tions with in­ter­ments/dis­in­ter­ments, or the care and em­bel­lish­ment of buri­al sites or from causes bey­ond its con­trol, in­clud­ing, but not lim­ited to, an act of God, en­emy ac­tion, thieves, van­dals, strikers, ma­li­cious mis­chief makers, ex­plo­sions, un­avoid­able ac­ci­dents, in­va­sions, in­sur­rec­tions, ri­ots or oth­er of any mil­it­ary or civil au­thor­ity, wheth­er the dam­age be dir­ect or in­dir­ect.
  33. Lake View Cemetery of In­ter­laken does not al­low for the in­ter­ment of pet cre­mains, nor by New York State law, may pet cre­mains be scattered on any lot.
  34. The Trust­ees re­serve the right to al­ter, amend or add to the above rules and reg­u­la­tions, or any of them, upon ap­prov­al by the N. Y. S. Cemetery Board.
Re­format­ted and re­typed from pre­vi­ous By-laws and Rules and Reg­u­la­tions of this Cemetery and ad­di­tion­al in­form­a­tion from oth­er state ap­proved cemetery doc­u­ments.
Up­dated and amended per vote of the Trust­ees on March 19, 2017
Up­dated and cor­rec­ted per re­quest of NYS De­part­ment of State Di­vi­sion of Cemeter­ies 5/12/2017
Up­dated and amended by vote of the Trust­ees on March 20, 2021
Up­dated and amended by vote of the Trust­ees on March 27, 2022
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