Document Lafayette_doc_f88d8e5a30

Word97/Gonzals/Lafcemr4.doc Approved by City Council pursuant to Resolution Number 98-61 adopted December 1, 1998. Effective date January 15, 1999 CITY OF LAFAYETTE MUNICIPAL CEMETERY RULES AND REGULATIONS Dated: January 15, 1999 ---PAGE BREAK--- i TABLE OF CONTENTS Page RULES AND REGULATIONS 1 1.0 PURPOSE 1 1.1 Declaration of Purpose 1 2.0 DEFINITIONS 1 2.1 Words and Terms Defined 1 3.0 GENERAL APPLICATIONS OF RULES AND REGULATIONS 2 3.1 Compliance with Rules and Regulations 2 3.2 Exceptions and 2 3.3 Indemnification 3 3.4 Error May Be Corrected 3 3.5 Amendments 3 3.6 Adoption of Regulations 3 4.0 ADMINISTRATION AND ENFORCEMENT 4 4.1 General 4 4.2 Business Office 4 4.3 Request Made by Telephone 4 4.4 Fees 4 5.0 PURCHASE OF BURIAL PLOT 4 5.1 Application for Purchase 4 5.2 Purchase of a Single Burial Plot 4 5.3 Size of Burial Plot 5 5.4 Right to 5 5.5 Deeds and Certificates of Ownership 5 6.0 TRANSFER OF CEMETERY BURIAL PLOT 5 6.1 General 5 6.2 Repurchase by the City 5 ---PAGE BREAK--- ii 6.3 Transfers 5 7.0 PROPERTY RIGHTS AND RESPONSIBILITIES OF OWNERS 7 7.1 Property Rights 7 7.2 Plot Inalienable by Interment 8 7.3 Descent of Right of Interment 8 7.5 Change of Address of Lot Owner 8 8.0 RIGHTS AND RESPONSIBILITIES OF THE CITY 8 8.1 Control of the Work by City 8 8.2 City Must Direct and May Remove Improvements 9 8.3 Right to Replat, Re-grade and Use Property 9 8.4 No Right Granted in Roadways 9 8.5 Right to Close Roadways 9 8.6 When City Is Not Responsible 9 8.7 Liability for Damages 10 8.8 Penalty for Violation 10 9.0 INTERMENTS AND DISINTERMENTS 10 9.1 Subject to Laws 10 9.2 Time and Charges of Interments and Disinterments 10 9.3 Sundays and Holidays 10 9.4 Notice of Interment and Disinterment Required 10 9.5 Interments 11 9.6 Emergency Burials 11 9.7 Casket Not to Be Disturbed 11 9.8 Approved Grave Liners 11 9.9 Number of Interments 11 9.10 Location of Interment Space 11 9.11 Delays in Interment Caused by Protest 12 9.12 Removal for Profit Prohibited 12 9.13 Care in Removal 12 9.14 Permission for Disinterments 12 9.15 Perpetual Care 13 10.0 DECORATION OF LOTS 13 10.1 Decoration of Lots 13 10.2 Certain Ornaments Prohibited 13 ---PAGE BREAK--- iii 10.3 Decorative Obstructions 13 10.4 Lot Owners May Make Certain Improvements 13 11.0 CONDUCT WITHIN THE CEMETERY 14 11.1 Use of the Roads 14 11.2 14 11.3 Removal of Flowers, etc. Forbidden 14 11.4 14 11.5 Lounging on Grounds 14 11.6 Loud Talking 14 11.7 Visitors 14 11.8 Rubbish 14 11.9 Automobiles 15 11.10 Trucks and Heavy Hauling 15 11.12 Peddling or Soliciting 15 11.13 Firearms 15 11.14 Notices and Advertisements 15 11.15 Dogs/Animals 15 11.16 Hunting 15 11.17 Additional Private Work 15 11.18 Hours that Grounds Are Open 16 11.19 Improprieties 16 11.20 Damage of Cemetery Property 16 12.0 MEMORIAL WORK IN THE CEMETERY 16 12.1 Producers and Retail Dealers 16 12.2 Monuments and Markers 17 12.3 Design, Finish and Workmanship 18 12.4 Mausoleums and Tombs 19 12.5 Foundations 19 12.6 Miscellaneous 19 ---PAGE BREAK--- 1 CITY OF LAFAYETTE MUNICIPAL CEMETERY RULES AND REGULATIONS 1.0 PURPOSE 1.1 Declaration of Purpose The Rules and Regulations of the Lafayette Municipal Cemetery are for the purpose of insuring the uniform and permanent beauty of the Cemetery and for the mutual protection of the City and Owner of the burial plot. 2.0 DEFINITIONS 2.1 Words and Terms Defined For the purpose of the Lafayette Municipal Cemetery Rules and Regulations, the following terms and words shall have the following meaning: Burial plot means a single space within the Cemetery designed for the interment of the remains of one deceased person and one cremains or two cremains. Business office shall be the office of the City Clerk where all business transactions pertaining to the Cemetery shall be conducted. Cemetery means a burial park for earth interments. Cremains means the cremated remains of a human body. Disinterment means the removal of the buried remains of a deceased person by earth burial. Interment means the permanent disposition of the remains of a deceased person by earth burial. Lot and Space mean the numeric designation used to identify the location of a burial plot within the Cemetery. Memorial means a monument, marker, tablet or headstone for family or individual use. Monument means a memorial that extends above the surface of the ground. ---PAGE BREAK--- 2 Open/close fee means the fee paid to the City for opening of a burial plot for interment. Owner means the person who is listed in the records kept by the City Clerk as owning an interest in a burial plot or lot. Relative means a person connected with another or others by blood, marriage or adoption. Vault means the receptacle used as a grave liner in which the casket is placed and must be made of either fiberglass, steel, concrete, polypropylene structural foam, or other material approved by the Director of Parks and Recreation. 3.0 GENERAL APPLICATIONS OF RULES AND REGULATIONS 3.1 Compliance with Rules and Regulations Entrance to the Cemetery is strictly forbidden, except through designated entrances. The City reserves the right to refuse admission to the Cemetery and to refuse the use of any of the Cemetery facilities to any person or persons whose behavior the City deems objectionable to the best interests of the Cemetery. All Owners, visitors, employees, persons who are employed, directly or indirectly, by Owners and all burial plots sold shall be subject to these Rules and Regulations, and subject, further, to such other Rules and Regulations, amendments or alterations as shall be adopted by the City from time to time. The reference to these Rules and Regulations contained in other documents shall have the same force and effect as if set forth in full therein. 3.2 Exceptions and Modifications The City reserves the right, without notice, to make exceptions, suspensions or modifications in any of these Rules and Regulations, when, in its judgment, the same appear advisable. Such temporary exceptions, suspensions or modifications shall in no way be construed as effecting the general application or enforcement of these Rules and Regulations. ---PAGE BREAK--- 3 3.3 Indemnification The City shall not be responsible for any acts or omissions related to the Cemetery. The City may at any time require a written indemnification and hold harmless from any person requesting that the City take or not take any action related to the Cemetery. 3.4 Error May Be Corrected The City shall have the right to correct any errors that may be made by it either in making interments or disinterments, or in the description, transfer, or conveyance of any interment property. Corrections can be made: • either by canceling such conveyance and substituting and conveying in lieu thereof another burial plot of equal value and, to the extent possible, similar location; or, • at the sole discretion of the City, by refunding the amount of money paid on account for said purchases. In the event such error shall involve the interment of the remains of any person in such property, the City reserves the right to remove and/or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. 3.5 Amendments The City reserves the right, at any time to adopt new rules or regulations, to amend, alter and/or repeal any rule, regulation and/or article, section paragraph and/or sentence in these Rules and Regulations. Such new or amended rules and regulations shall be binding on all Owners regardless of when the Owner acquires an interest thereto. 3.6 Adoption of Regulations The City Council shall adopt rules and regulations governing cemeteries within the City. Such rules and regulations shall be available and provided upon request by the City Clerk to each party responsible for a burial. ---PAGE BREAK--- 4 4.0 ADMINISTRATION AND ENFORCEMENT 4.1 General The Lafayette Municipal Cemetery is owned and managed by the City. Care and maintenance of the Cemetery shall be under the direction of the Director of Parks and Recreation, hereinafter referred to as “Director” or his designee, who shall employ such other persons as may be necessary. It shall be the duty of the Director or persons appointed by the Director to ensure that the Rules and Regulations governing the care and maintenance of the Cemetery are adhered to and followed. The Director shall have complete supervision of all activities within the Cemetery. 4.2 Business Office The City Clerk or designee shall supervise all activities involving purchase, transfer, or repurchase of burial plots, interment and disinterment permits, and all other permits pertaining to the Cemetery. Any activity the City Clerk is authorized to undertake may also be done by the City Clerk’s designee. All requests related to the aforementioned activities must be made during normal business hours on the forms supplied by and in the manner established by the City Clerk’s office. 4.3 Request Made by Telephone All phone requests shall be made directly to the City Clerk or her designee during normal business hours and will include the name of the person making the request, the identity of the burial plot by lot and space and the name of the Owner of such burial plot. The City will not accept requests in the form of voice mail or other similar means. 4.4 Fees Any request for any action required or permitted by these Rules and Regulations shall be submitted to the City Clerk with the appropriate fee established for such request. A copy of the City’s current fee schedule is available from the City Clerk. The payment of any Cemetery charge must be paid prior to the services being rendered. 5.0 PURCHASE OF BURIAL PLOT 5.1 Application for Purchase The City Clerk shall keep a record of all burial plots conveyed to any purchaser together with a plat showing its lot and space number. 5.2 Purchase of a Single Burial Plot The practice of the City Clerk will be to sell single burial plots only if a single burial plot exists. Adjacent burial plots will not be sold individually except at the discretion of the City Clerk. ---PAGE BREAK--- 5 5.3 Size of Burial Plot The dimensions of a burial plot shall not exceed four feet by nine feet 5.4 Right to Burial A Deed or Certificate of Ownership grants to the Owner the right to use such burial plot for burial of human remains only. 5.5 Deeds and Certificates of Ownership On or prior to January 15, 1999, upon payment of the full purchase price to the City, a Deed was executed and filed with Boulder County Clerk and Recorder. The Deed granted to the Owner a fee simple interest in the burial plot subject to these Rules and Regulations as amended. Effective January 16, 1999, the City shall issue a Certificate of Ownership to any purchaser of a burial plot. A Certificate of Ownership grants Owner a license for the purpose of burying human remains subject to these Rules and Regulations as amended. 6.0 TRANSFER OF CEMETERY BURIAL PLOT 6.1 General Owners who receive a Deed from the City may transfer such burial plot or interest therein by Transfer Agreement, will or intestate succession. Owners who receive a Certificate of Ownership may transfer such burial plot only by Transfer Agreement. However, sufficient evidence of ownership for any transfer must be submitted to the City Clerk prior to authorization for any interment. 6.2 Repurchase by the City Owners may request that the City repurchase such Owner’s burial plot. The City Clerk may elect to repurchase a burial plot where the repurchase is in the best interest of the City. Any repurchase will be made in accordance with the following schedule: • The City will refund half of the price of the burial plot on the basis of the purchase price of the burial plot at the time the application for repurchase is made. • The City will make payment to the Owner after Owner transfers said burial plot to the City by Transfer Agreement. 6.3 Transfers The transfer of any burial plot shall be made by Transfer Agreement submitted to the City Clerk’s office for recording. Prior to transferring a ---PAGE BREAK--- 6 burial plot, the City Clerk shall review documentation sufficient to demonstrate that the proposed transfer conforms with these Rules and Regulations. The City Clerk’s review shall consist of the following: a. Conveyance by Deed. The City Clerk shall review the Deed and confirm that the grantee listed on the Deed is the same person listed in the records of the City Clerk. If the names are the same, the City Clerk will collect the Deed presented, and execute a Transfer Agreement conveying the burial plot from the grantee to the transferee. The City Clerk will execute and record a new Deed in the name of the transferee. In the event the grantee named in the Deed is not the same grantee listed in the City’s records, or the person requesting the transfer does not have a Deed, the City Clerk shall review documentation provided by the requestor sufficient to establish that the requestor is the sole heir to the burial plot or one of many heirs who own an interest in the burial plot. In the event more than one person claims ownership to a single burial plot, the City Clerk will execute a Transfer Agreement vesting ownership in a single individual only upon receipt of conveyance and indemnification documents sufficient to establish sole ownership in the transference. The City Clerk’s review of documents may consist of grantee’s Last Will and Testament; appropriate certificates of marriage, birth and death; conveyance documents executed by joint owners of a burial plot; affidavits attesting to certain facts necessary to establish ownership; and/or any other documents the City Clerk determines is necessary to establish ownership. Once ownership of a burial plot is established to the satisfaction of the City Clerk, the City Clerk will collect the Deed, if available, and execute a Transfer Agreement conveying the burial plot to the transferee. The City Clerk will execute and record a new Deed in the name of the transferee, such act will conclusively vest ownership of the burial plot in the requestor subject to these Rules and Regulations. b. Conveyance by Certificate of Ownership: The City Clerk shall review the Certificate of Ownership and establish that the grantee listed on the Certificate of ---PAGE BREAK--- 7 Ownership is the same person listed in the records of the City Clerk. If the names are the same, the City Clerk will collect the Certificate of Ownership presented and execute a Transfer Agreement conveying the burial plot from the grantee to the transferee. In the event the requestor is not the grantee named in the Certificate of Ownership or the grantee listed in the City’s records, the City Clerk shall review documentation provided by the requestor sufficient to establish that the requestor is the surviving spouse, a surviving child or a surviving parent of the Owner. The City Clerk’s review of documents may consist of certificates of marriage, birth and death and/or any other documents the City Clerk determines is necessary to establish ownership. Once ownership of a burial plot is established to the satisfaction of the City Clerk, the City Clerk will collect the Certificate of Ownership, if available, and execute a Transfer Agreement conveying the burial plot to the transferee. The City Clerk will execute a new Certificate of Ownership in the name of the transferee, which action will conclusively vest ownership of the burial plot in the requestor. In the event the City Clerk concludes that there is no surviving spouse, surviving child or surviving parent of Owner, ownership to such burial plot shall revert to and vest in the City. 7.0 PROPERTY RIGHTS AND RESPONSIBILITIES OF OWNERS 7.1 Property Rights All lots and burial plots conveyed pursuant to a Deed or Certificate of Ownership shall be the sole and separate property of the Owner; provided, however, the Owner’s spouse has a vested right of interment of his or her remains in any lot conveyed to the other. No transfer without the written consent of the affected spouse shall divest a spouse of such vested right of interment. However, a final decree of divorce between them shall terminate such vested right of interment, unless otherwise provided by such decree of divorce. In all conveyances by Deed or Certificate of Ownership to two or more persons as joint tenants, each joint tenant shall have a vested right of interment in order of need, of his or her remains in the burial plots so conveyed. Upon the death of a joint tenant, title to the burial plot(s) theretofore held in joint tenancy immediately vests in the survivor(s), subject to the vested right of interment of the remains of the deceased joint ---PAGE BREAK--- 8 tenant Owner. A vesting right of interment granted in this Section 7.1 shall terminate upon interment elsewhere of the remains of a person entitled thereto. 7.2 Plot Inalienable by Interment Owner may use one burial plot for interment of Owner’s remains. In any remaining burial plots, one will be available for the interment of the surviving spouse, if any, then for the children of such deceased Owner, in the order of need. With regard to a conveyance made by Certificate of Ownership, if there is no entitled spouse, child or other person with a legal ownership interest in the burial plot of such deceased Owner, ownership to such burial plot shall revert to and vest in the City. No person shall be buried in any burial plot not having an interest therein, except by written consent of all parties having an interest therein and acceptance by the City. 7.3 Descent of Right of Interment a. Burial plot conveyed by Deed: Except for one burial plot reserved for a surviving spouse, burial plot of deceased Owner transfer, first to the person(s) listed in the deceased Owner’s last will and testament and then shall descend in regular line of succession. b. Burial plots conveyed by Certificate of Ownership: Except for one burial plot reserved for a surviving spouse, burial plots of deceased Owners will transfer first, to the surviving children of the deceased Owner in order of request and then to the surviving parents in order of request. In the event, there are no living children or living parents, the ownership of the burial plot shall revert to the City. If concurrent requests are received, the burial space shall be transferred to the requestor who is the oldest. 7.5 Change of Address of Lot Owner It shall be the duty of the Owner to notify the City of any change in his or her address. Notice sent to an Owner at the last address on file in the office of the City Clerk shall be considered sufficient prior legal notification. 8.0 RIGHTS AND RESPONSIBILITIES OF THE CITY 8.1 Control of the Work by City All grading, landscape work and improvements of any kind, and all care of lots, shall be done, and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed, and all grave digging, including cremains plots, along with opening or closing of burial plots and all interments, disinterments or removals shall be made by the Parks and Recreation Department or by those authorized by the Director. ---PAGE BREAK--- 9 8.2 City Must Direct and May Remove Improvements All improvements or alterations of individual property in the Cemetery shall be under the direction of and subject to the consent, satisfaction and approval of the Director. Should they be made without his written consent, he shall have the right to remove, alter or change such improvements or alterations at the expense of the Owner, pursuant to Section 6.2, or, in the event, at anytime, in his judgment they are 8.3 Right to Replat, Re-grade and Use Property The right to enlarge, reduce, replat and/or change the boundaries or grading of the Cemetery or of a section, from time to time, including the right to modify and/or change the locations of or remove and re-grade roads, drives and/or walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain and operate or alter or change pipelines and/or gutters for sprinkling systems, drainage, etc., is also expressly reserved. Also reserved is the right to use Cemetery property, not sold to individual plot owners, for Cemetery purposes, including the interring and preparing for interment of dead human bodies or for anything necessary, incidental or convenient thereto. The City reserves for itself, and those lawfully entitled thereto, a perpetual right to ingress and egress over plots for the purpose of passage to and from other plots. 8.4 No Right Granted in Roadways No easement or right-of-way is granted to any Owner in any road, alley, drive or walk within the Cemetery, but such road, alley, drive or walk may be used as means of access to the Cemetery or buildings as long as the City devotes it to that purpose. 8.5 Right to Close Roadways The Director shall have the right, at any time, to close any road, drive, alley or walk in the Cemetery heretofore existing or hereafter constructed, and to establish grades. 8.6 When City Is Not Responsible The City shall take reasonable precautions to protect Owners, and the property rights of Owners, within the Cemetery for loss or damage; but the City disclaims responsibility for loss or damage from causes beyond its control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikes, malicious mischief- makers, explosions, unavoidable accidents, invasions, insurrections, riots or order of any military or civil authority, whether the damage may be direct or collateral, other than as herein provided. ---PAGE BREAK--- 10 8.7 Liability for Damages Any person damaging, or causing to be damaged, any Cemetery property, whether owned by the City or an individual, will be held liable to repair said damaged property or to replace the property damages to its former state, without delay, and in a manner satisfactory to the Director. The City shall not be liable for any act of Owners, visitors, licensees or trespassers within the Cemetery, or for any damage to person or property while within the Cemetery. 8.8 Penalty for Violation The penalty for violating any of the provisions of these Rules and Regulations is set forth in the Lafayette Municipal Code. 9.0 INTERMENTS AND DISINTERMENTS 9.1 Subject to Laws Besides being subject to these Rules and Regulations, all interments and disinterments shall be subject to the orders and laws of the properly constituted authorities of the City, County and State. 9.2 Time and Charges of Interments and Disinterments All interments and disinterments must be made at the time and in the manner and upon payment of such charges as are fixed by the City. 9.3 Sundays and Holidays No interment or interment services, or disinterments will be allowed on Sundays or on any of the following holidays: New Year’s Day Labor Day Martin Luther King Day Veteran’s Day President’s Day Thanksgiving Day Memorial Day Christmas Day Independence Day or upon the days that these holidays are legally observed. 9.4 Notice of Interment and Disinterment Required Any reservation submitted after 2:00 p.m. Friday afternoon must be for no sooner than Tuesday morning. Reservations can only be submitted during normal business hours. During the week, at least 48 hours notice prior to any interment must be given. The City Clerk must approve any exceptions and a surcharge will be assessed to all interments in which less than 48 hours notice was given. The City reserves the right to require at least ten days notice prior to any disinterment. No disinterment will be allowed except upon the written application and approvals contained thereon. ---PAGE BREAK--- 11 9.5 Interments These Rules and Regulations of the Cemetery shall govern application and permission for interment, interment charges and payment and permissible use of burial plot. 9.6 Emergency Burials Arrangements for emergency burials must be made through the City Clerk with written proof of such emergency. In the event of a disaster, which results in numerous burials for the Cemetery, the Cemetery crew will work whatever hours deemed necessary by the Director of Parks and Recreation. The Director has the authority to void any and all of these Rules and Regulations as necessary in order to handle the numerous burials as orderly and as quickly as possible. 9.7 Casket Not to Be Disturbed Once a vault containing a body is in the confines of a Cemetery, no funeral director, embalmer, assistant to the funeral director, employee, or agent, and no Cemetery official or employee, or any other person shall be permitted to open a casket or to touch a body without the consent of the legal representatives of the deceased, or without a court order. 9.8 Approved Grave Liners Every earth interment must be made in an outside receptacle of steel, fiberglass, concrete, or polypropylene structural foam, or other material as approved by the Director. Installation of approved grave liners will be made by those approved by the Director. The Director reserves the right to refuse any such receptacle that is damaged or in any other way inadequate. 9.9 Number of Interments The number of interments for each burial plot shall be as follows: • Remains of one adult and one cremains. • Remains of one adult and remains of one infant. • Two cremains. 9.10 Location of Interment Space An applicant for an interment permit must identify the burial plot to be opened by lot and space. All graves for interment of remains should be dug to a minimum depth of five feet ten inches. All graves for interment of cremains should be dug to a minimum depth of three feet. ---PAGE BREAK--- 12 When the location of burial plot by lot and space cannot be obtained, or is indefinite, or when for any reason the burial plot cannot be opened where specified, the Director or his designee may, in his discretion, open it in such location on the burial plot as he deems best and proper, so as not to delay the funeral; and the City shall not be liable in damages for any error so made. 9.11 Delays in Interment Caused by Protest The City shall in no way be held liable for any delay in the interment of a body where a protest to the interment has been made or where the Rules and Regulations have not been complied with. 9.12 Removal for Profit Prohibited Removal of a body, by the heirs, so that the plot may be sold for profit to themselves or to any other person, or removal contrary to the express or implied wish of the original Owner, is repugnant to the ordinary sense of decency and is absolutely forbidden. 9.13 Care in Removal The City shall exercise the utmost care in making a removal, but it shall assume no liability for any damages to any casket incurred in making a removal. 9.14 Permission for Disinterments No disinterment of a body will be made without either a court order of a court of competent jurisdiction, or a signed affidavit from the surviving spouse or next of kin, on a form satisfactory to the City, stating that: • the disinterment is being requested for a valid reason; • the application is being made by a proper person; • there is no opposition to the disinterment by the surviving spouse, next of kin, or by the expressed wishes of the decedent; and • that the affiant agrees to indemnify the City and hold it harmless from any liability that might result from the disinterment and release it from any claims the affiant may have, then or in the future, by reason of the disinterment. The Director shall have the right to require a court order for disinterment at any time prior to the disinterment when circumstances exist or arise which indicate that there is a question as to the reason for the disinterment or as to whether there is opposition to the disinterment. ---PAGE BREAK--- 13 9.15 Perpetual Care The City shall perpetually care for all burial plots in the Cemetery. 10.0 DECORATION OF LOTS 10.1 Decoration of Lots No flower receptacles may be placed on any burial plot unless of metal or concrete and of approved size and design. The City shall have the right to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind, from the Cemetery, as soon as, in the judgment of the Director, they become dangerous, detrimental or diseased, or when they do not conform to the standards maintained. The City shall not be liable for frozen pieces, baskets or frames, which are used for funeral services, held in the Cemetery. The City shall not be liable for frozen plantings or herbage of any kind, or for plants damaged by the elements, thieves, vandals, or by causes beyond its control. The City reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. The City reserves the right to prevent the removal of any plantings without the consent of the Director. 10.2 Certain Ornaments Prohibited The placing of boxes, shells, stones, boulders, toys, metal designs, ornaments, chairs, settees, glass vases and similar articles upon plots shall not be permitted, and if so placed, the City reserves the right to remove them without notice. 10.3 Decorative Obstructions Fences, railings, hedges and other obstructions and decorations other than flowers, vases, wreaths and flags are prohibited and will be removed without notice. All decoration of lots or spaces and planting of vegetation within the Cemetery shall be under the control, supervision, and direction of the Director, who will be governed by the rules and regulations of the Cemetery. 10.4 Lot Owners May Make Certain Improvements Lot owners shall have the right, after obtaining the consent and approval of and under the direction and supervision of the Director or his designee, to plant and cultivate flowers on any grave in his plot. When, in the opinion of the Director, such flowers become or are not properly cared for, he may remove them without notice. Any Owner may engage a private florist to plant and cultivate on any grave in his plot. Florists engaged to plant and cultivate graves must leave a list of plantings with the Director and obtain his permission before doing any work. ---PAGE BREAK--- 14 11.0 CONDUCT WITHIN THE CEMETERY 11.1 Use of the Roads No person in the Cemetery shall drive or ride any machine, or animal on lots, lawns or walks, except for maintenance as directed by the Director or his designee. Persons within the Cemetery grounds shall use only the roads, drives or walks as thoroughfares, and no person shall walk on the grass except that being the only way to reach a lot, or except that a workman may use space necessary to perform the necessary care of services in connection with the lot. 11.2 Children Children under fifteen years of age shall not be permitted within the Cemetery grounds or their buildings unless accompanied by proper persons to care for them. 11.3 Removal of Flowers, etc. Forbidden All persons are prohibited from gathering flowers, either wild or cultivated, obstructing drive or path or in any way injuring, defacing, or destroying any stone structure, grave, flower, tree, shrub, vine or anything else in the Cemetery. 11.4 Refreshments No person shall be permitted to have refreshments within the Cemetery grounds. 11.5 Lounging on Grounds Strangers shall not be permitted to sit or lounge on any of the grounds, graves or monuments within the Cemetery or in any of the Cemetery buildings. 11.6 Loud Talking Loud talking shall not be permitted on Cemetery grounds. The use of profane language is forbidden. 11.7 Visitors Visitors are welcome on the Cemetery grounds during regular hours. 11.8 Rubbish Throwing rubbish or other articles on any part of the grounds or in the buildings is prohibited. Receptacles for waste material are to be located at convenient places. ---PAGE BREAK--- 15 11.9 Automobiles Automobiles shall not be driven through the Cemetery at a speed greater than five miles per hour, and must always be kept on the right-hand side of the Cemetery roadways. 11.10 Trucks and Heavy Hauling Heavy hauling, trucks or commercial vehicles of any kind are not permitted within the Cemetery grounds, except if they are on business or in connection with Cemetery work and then only by permission of the Director. 11.12 Peddling or Soliciting Peddling of flowers or plants, or the soliciting of any commodity is absolutely prohibited within the confines of the Cemetery. 11.13 Firearms No person shall discharge any firearms or have possession of any firearms within the Cemetery grounds, except in the case of military funerals, Law Enforcement or on Memorial Day, without the written permission of the Director. 11.14 Notices and Advertisements No signs or notices and advertisements of any kind shall be permitted within the Cemetery. 11.15 Dogs/Animals Dogs or other animals shall not be allowed on the Cemetery grounds or in any of the Cemetery buildings. The owner or keeper of any dog or animal which trespasses upon the Cemetery grounds shall be liable for any damage done by said dog or animal. The City shall not be liable for any damage done by dogs or other animals and does not assume responsibility for keeping dogs or other animals out of the Cemetery grounds. 11.16 Hunting Hunting or in any way disturbing birds or fowl, or discharging firearms, fireworks or other missiles within or over any portion of the Cemetery or around the gates, fences or roads adjoining the same is prohibited. 11.17 Additional Private Work No person shall cause any employee to do work for lot owners without an order from the Director, or give to any employee any valuable consideration to do work for an Owner or work on the grounds, except by permission of the Director or his designee. ---PAGE BREAK--- 16 11.18 Hours that Grounds Are Open The Cemetery shall be open from 7:00 a.m. to sunset seven days a week. 11.19 Improprieties It is of the utmost importance that there should be strict observance of the properties of the Cemetery, whether embraced in these rules or not as no improprieties will be allowed, and the Director shall have the power to prevent improper assemblages. 11.20 Damage of Cemetery Property No person shall deface, damage, destroy or injure any monuments, markers or other property or thing in the Cemetery or perform other acts, which may be prohibited in the Rules and Regulations as adopted by the City Council. 12.0 MEMORIAL WORK IN THE CEMETERY 12.1 Producers and Retail Dealers Letter cutters, persons or firms who engage in the business of cleaning monuments and who are not connected with established retail dealers, and all other persons or firms must secure permission from the Director before any work in the Cemetery is commenced. In order to procure such permission, it will be necessary for the person or firm to submit satisfactory evidence of ability to properly perform work for which they have been engaged. Workmen employed in erecting or placing monuments or other structures or bringing materials into the Cemetery, shall operate as independent contractors and must be under the general supervision of the contractor. Persons engaging in erecting monuments or other structures are prohibited from attaching ropes or other devices to monuments, trees or shrubs, and are prohibited from scattering their material or tools over adjoining lots or from blocking roadways or walks; or from leaving their material or tools on the grounds longer than is absolutely necessary. They must do as little injury to the ground, trees and shrubs as is possible and must remove all debris and restore the ground to its original condition as specified by the Director. Damage done to lots, walks, trees, shrubs, drives or other property by the dealers or contractors or their agents shall be repaired by the persons causing the damage, and such cost of such repair shall be paid by the dealer or the contractor to this principal. All work shall be inspected by the Director or his designee and shall meet all established standards as outlined by the Director. ---PAGE BREAK--- 17 No material, machinery or other thing for the construction of vaults, monuments or other structures, or the monuments or structures themselves shall be brought into the Cemetery unless required for immediate use; nor between 5:00 p.m. on Friday and 7:00 a.m. Monday morning or on holidays. No work shall be done during said time; nor shall such material be placed on lots adjoining the one on which such structure is to be erected, without special permission of the Director. Work shall proceed until the erection of the memorial is completed. While a funeral or an interment service is being conducted nearby, all work of any description shall cease. Approaching the bereaved and soliciting memorial business within the Cemetery is absolutely prohibited. Any retail dealer or producer who violates the rules and regulations of the Cemetery will be removed from the list of approved retail dealers and producers. 12.2 Monuments and Markers No Owner shall erect or place, or cause to be erected or placed on any lot in the Cemetery any memorial which is obscene or offensive. Corner markers shall be made of approved stone or other material and shall be placed flush with the ground. Initials shall be cut in and not raised. Corner stones shall be four inches square, at least six inches in length and dressed on all sides where they abut on adjacent lots. The Director or his designee shall approve all corner stones. While the City will exercise due care to protect raised lettering carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims responsibility for any injury thereto. No coping, curbing, hedging, grave mounds, borders, enclosures of any kind, or walks of any kind shall be allowed to be built or placed on any lot in the Cemetery. The City reserves the right to remove the same without recourse if so planted, erected or placed. The use of tiles, bricks, sand, gravel, crushed rock, oyster shells, cinders, or other material on any lot in the Cemetery is strictly forbidden. Any of these used may be removed by the Director without notice to Owner. Iron crosses or other ornaments suggesting war or violent death or destruction are out of harmony with the ideals which the Cemetery is trying to portray. Their use immediately after interment is considered ---PAGE BREAK--- 18 temporary and they shall be removed within thirty (30) days after they are placed on any burial plot. 12.3 Design, Finish and Workmanship Memorial dealers may be required to furnish for the approval of the Director, a blue print or sketch of the proposed memorial or marker, specifying size, location in lot, inscription, kind and quality of stone and the name of the producer supplying said stone. If, in the opinion of the Director, any plan or design for any memorial which on account of size, design, inscription or kind or quality of stone is unsuited to the lot on which it is to be placed, he shall so advise the memorial dealer who in such case must gain the consent of the Director before placing such memorial on any lot. All monuments or markers shall be placed at least six inches inside the space lines; shall be made of stone, granite, marble or real bronze; and shall be erected upon a foundation. The rules and regulations of the Cemetery shall govern erection, construction, specifications, materials and placing of marker foundations, monuments, vaults and cornerstones. No monument or grave marker will be permitted, which is cut in imitation of a log, stump or animal, or of any object which would itself not be allowed to remain in the Cemetery. The City reserves the right for the Director to stop all work of any nature, whenever, in his opinion: • proper preparations have not been made; • work is being executed in such manner as to threaten life or property; • any reasonable request on the part of the Director has been disregarded; • work is not being executed in accordance with specifications; or • any person employed on the work violates any of the Cemetery Rules and Regulations. The completed work is subject to the approval of the City and, if unsatisfactory, may be requested to be removed or be removed by the City at the expense of the Owner. ---PAGE BREAK--- 19 The name or inscription on each monument or marker must correspond with the name on record in the City Clerk’s office, and no changes shall be made thereon except upon request of the property parties and by permission of the City. 12.4 Mausoleums and Tombs Mausoleums and tombs shall be constructed only on lots so designated and shall be built of material approved by the City. Plans and specifications and locations on the lot shall be subject to the approval of the City. 12.5 Foundations All foundations for monuments, markers, urns, etc., shall be constructed of concrete of approved richness and shall be eight inches wider than the bottom base of first course of masonry above the ground. The top of all foundations shall be flush with the ground surface. Foundations shall be at least six inches in depth for flower urns, for markers or monuments of 20 inches or less in height, and 12 inches in depth for larger markers or monuments. Larger and deeper foundations may be required if in the opinion of the Director the safety of the structure demands it. All structures must be securely cemented to foundations. All foundations shall be built to a depth as specified by the Director. 12.6 Miscellaneous Should any monument or marker become dilapidated or a menace to the safety of visitors, the City shall have the right to either correct the condition or to remove the same, at the expense of the Owner. Except as otherwise provided by the previous paragraph, the City shall not remove any monument or marker from the Cemetery without the expressed written order or grant of permission from the Owner presented to the City. By presenting to the City proper written evidence to prove that any person ordering a memorial can or will not complete his contract for the purchase of the same, the dealer who sold said memorial may obtain permission from the Director to remove the memorial from the Cemetery. In the event a memorial dealer removes the memorial, it shall be the duty of such memorial dealer to reimburse the City for the expense of returning the burial plot to its original condition. The City shall not be responsible or liable for the removal of any memorial and, before granting permission for the removal of the same, may require written guarantee or bond from the person or dealer removing the same in favor of the City, to protect and save the City harmless from any and all liability of whatsoever kind or nature. ---PAGE BREAK---