[MassHistPres] Vandalism in historic cemeteries

[Tucker, Jonathan]

Betty:

I think your local police could enforce this, if directed to by your Select Board or town manager or whoever is the immediate superior of the police chief.  And someone would need to be willing to file charges on behalf of the community.

MGL Chapter 272.  Crimes Against Chastity, Morality, Decency and Good Order

Section 73.  Tombs, graves, memorials, trees, plants; injuring, removing.   Whoever wilfully destroys, mutilates, defaces, injures or removes a tomb, monument, gravestone, American flag, veteran's grave marker, metal plaque, veteran's commemorative flag holder, commemorative flag holder representing service in a police or fire department, veteran's flag holder that commemorates a particular war, conflict or period of service or flag, or other structure or thing which is placed or designed for a memorial of the dead, or a fence railing, curb or other thing which is intended for the protection or ornament of a structure or thing before mentioned or of an enclosure for the burial of the dead, or wilfully removes, destroys, mutilates, cuts, breaks or injures a tree, shrub or plant placed or being within such enclosure, or wantonly or maliciously disturbs the contents of a tomb or a grave, shall be punished by imprisonment in the state prison for not more than five years or by imprisonment in the jail or house of correction for not more than two and one-half years and by a fine of not more than five thousand dollars. In addition, the court shall order any person convicted of an offense pursuant to this section to pay restitution to the owner of the property that was damaged, destroyed, mutilated, defaced, injured or removed.

Amherst built a fence around its oldest burying ground, but we still have homeless folks sleeping in there in good weather.

I hope that's useful.

Jonathan Tucker
Senior Planner
Amherst Planning Department
4 Boltwood Avenue, Town Hall
Amherst, MA  01002
(413) 259-3040
tuckerj at amherstma.gov<mailto:tuckerj at amherstma.gov>


From: masshistpres-bounces at cs.umb.edu [mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of Dcolebslade at aol.com
Sent: Tuesday, September 06, 2016 9:16 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Vandalism in historic cemeteries

Could I please have information as to how your towns deal with vandalism in private historic burial grounds?  These burial grounds are all registered with MHC and on the state register.

Your advice would be most appreciated.

Betty Slade
Westport
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