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 disinterment of ashes or Urns requires a court order, the approved service charge will 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. Lake View Cemetery does not permit the scattering, interment, entombment, or inurnment, of naturally organically reduced human remains, as defined in the state law, within the grounds of the cemetery.
  35. 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
Updated and amended by vote of the Trustees on July 14, 2024 Updated by request of NYS 8/9/2024

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