Section 165. Maintenance and cleanup of abandoned cemeteries  


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  • 1. Any
      municipal corporation is hereby authorized and  empowered  to  establish
      volunteer  cemetery  maintenance  and  cleanup  programs to maintain and
      cleanup abandoned cemeteries  wholly  contained  within  such  municipal
      corporation  for  which  such  municipal  corporation  has  the  primary
      responsibility to provide care.
        2. The  cemetery  division  of  the  department  of  state  is  hereby
      authorized  and  directed  to  assist  any  municipal corporation in the
      organization, implementation and administration of a volunteer  cemetery
      maintenance  and  cleanup  program  at  the  request  of  such municipal
      corporation. The department of state is hereby authorized  and  directed
      to promulgate rules and regulations setting forth the manner and form of
      such assistance and request.
        3.  No  municipal  corporation  which establishes a volunteer cemetery
      maintenance  and  cleanup  program  shall  be  liable  for  any  damages
      sustained  by  any  person participating and no cause of action for such
      damages shall be adjudicated by any court  in  this  state  which  would
      otherwise have jurisdiction to adjudicate such claim.
        4.  Any  municipal  corporation which establishes a volunteer cemetery
      maintenance and cleanup program shall  provide  written  notice  of  the
      provisions   of  subdivision  three  of  this  section  to  each  person
      participating in such program.