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Download the 2024 Cemetery Guidelines & Decoration Placement Schedule.
Rule 1-A Cemetery Defined
The term cemetery means the burial park.
Rule 1-B Plot, Grave, Crypt, Niche, Receiving Vault, Outer Burial Container, Vault & Concrete Box Defined
Plot means space or grave in the cemetery used, or intended to be used, for the interment of human remains. The term includes and applies to one or more than one adjoining grave, one or more than one adjoining crypt or vault, or one or more than one adjoining niche.
Burial means the in-ground burial, or the above-ground entombment or inurnment in a crypt or niche of human remains, either full body or cremated.
Grave means a space of ground or a crypt or vault or niche in a burial park used, or intended to be used, for burial.
Crypt or Vault means a space in a mausoleum of sufficient size used, or intended to be used, to entomb un-cremated human remains.
Niche means a space in a columbarium used, or intended to be used, for inurnment of cremated human remains.
Receiving Vault means an underground crypt or above-ground crypt built within a cemetery which can be used for storing the bodies of deceased persons.
Outer Burial Container shall mean a container buried in the ground to surround the casket in the grave, either a vault or grave liner or concrete box.
Vault shall mean a concrete box that has special provisions to keep the contents dry.
Concrete Box shall mean an outer burial container that is not water tight.
Rule 1-C Interment Right, Interment, Entombment and Inurnment Defined
Interment Right shall mean the right to bury or entomb or inurn human remains without fee simple title to any real property.
Interment means the disposition of human remains by burial, entombment, or cremation and inurnment.
Entombment means the placement of human remains in a crypt or a vault.
Inurnment means placing cremated remains in an urn and placing it in a niche or other receptacle.
Rule 1-D Association and Company Defined
Association means the organization or corporation owning and controlling the cemetery.
Company means Memorial Estates, or Memorial Cemeteries & Mortuaries, or Memorial Cemetery or Memorial Mortuary or any entity so controlled by Memorial Estates.
Rule 1-E Memorial, Headstone, Marker and Monument Defined
Memorial means a monument, marker, tablet, headstone, tombstone, crypt or niche name plate or plaque.
Headstone shall mean a tablet or plaque to designate a burial space.
Marker shall mean a headstone.
Monument means a memorial of granite or other approved stone that extends above the surface of the lawn.
Rule 2-A Admission to Cemetery
Memorial Mortuaries & Cemeteries is a private corporation and it reserves the right to compel all persons coming into the cemetery to present proper identification for examination; all machines may also be compelled to be brought to a full stop; further, Memorial Mortuaries & Cemeteries reserves the right to refuse admission to anyone and to refuse the use of any of the cemetery facilities at any time to any person or persons whom the management may deem objectionable to the best interests of the cemetery.
Rule 2-B Cemetery Management In Charge Of Funeral
All funerals, on reaching the Cemetery, shall be under the supervision of the cemetery management.
Rule 2-C Casket Not To Be Opened or Body Touched Without Consent
Memorial Mortuaries & Cemeteries reserves the right to refuse permission to anyone to open the casket or to touch the body without the consent of the legal representative of the deceased or without a court order provided that, in the event necessity requires, Memorial Mortuaries & Cemeteries may take appropriate steps to correct any obnoxious or improper condition.
Rule 3-A Subject to Laws
Besides being subject to these rules and regulations, all interments, disinterment and removals are made subject to the orders and laws of the properly constituted authorities of the city, county and State.
Rule 3-B Time and Charges
All interments, disinterments, and removals must be made at the time and in the manner and subject to the payment of such charges as fixed by the cemetery management.
Rule 3-C Holidays
Interments, disinterments, removals, cremations or interment services shall not be scheduled on Sundays or within two days of any national or State holidays without written permission from Memorial Mortuaries & Cemeteries. Additional fees may apply.
Rule 3-D Notice
The right is reserved by Memorial Mortuaries & Cemeteries to require twenty-four hours’ notice and payment in full before any cremation or interment, and one week’s notice prior to any disinterment or removal. Memorial Mortuaries & Cemeteries, at their own and sole discretion, may schedule an interment at a more expedient time as circumstances require.
Rule 3-E Authorization to Inter
Memorial Mortuaries & Cemeteries may cremate, inter or open a plot for any purpose on proper written authorization by any plot owner of record made out on forms approved by Memorial Mortuaries & Cemeteries and duly filed in its office, unless there are written instructions to the contrary on file in the office.
Rule 3-F Concrete Outer Burial Container
The casket in every earth interment shall be enclosed in a concrete box or vault, the actual installation of which shall be made by the employees of Memorial Mortuaries & Cemeteries. Burials in a designated Green Burial Garden will not require an Outer Burial Container.
Rule 3-G Interment of Cremated Remains
Memorial Mortuaries & Cemeteries shall be in no way liable or held responsible for any abandoned cremated remains. Cremated remains will be considered abandoned if not claimed by a legally-entitled individual within 30 days of the cremation. The cremated remains may be permanently interred when abandoned. Memorial Mortuaries & Cemeteries shall be in no way liable for the loss or destruction of said remains nor for the retrieval of said remains if they have been interred. The person authorizing the cremation or the heirs at law, either jointly or severally, shall be held liable for rental space occupied by the remains pending the time they are permanently interred and for interment charges if incurred.
Memorial Mortuaries & Cemeteries shall be in no way liable or held responsible for any urn or container. Interment of cremated remains may be refused if the urn or container is too large for the niche, vault, or space selected or is otherwise unacceptable or inappropriate, as deemed by cemetery management.
Rule 3-H Location of Interment Space
When instructions from the plot owner regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the management may, in its discretion, open the plot in a location that it deems best and proper. Memorial Mortuaries & Cemeteries shall not be liable for damages in said location and burial.
Rule 3-I Orders Given By Telephone, Fax or Email
Memorial Mortuaries & Cemeteries shall not be held responsible for any order given by telephone, fax or email, or for any mistake occurring from the lack of precise and proper instructions as to the particular space, size and location in a plot where interment is desired.
Rule 3-J Errors May Be Corrected
Memorial Mortuaries & Cemeteries reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by Memorial Mortuaries & Cemeteries, or, in the sole discretion of Memorial Mortuaries & Cemeteries, by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of the remains of any person in such property, Memorial Mortuaries & Cemeteries reserves, and shall have, the right to remove and reinter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. Memorial Mortuaries & Cemeteries shall also have the right to correct any errors made by placing an improper inscription, including an incorrect name or date, either on the memorial or on the container for cremated remains.
Rule 3-K Delays in Interments Caused By Protests or Lack of Compliance
Memorial Mortuaries & Cemeteries shall be in no way 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; and, further, Memorial Mortuaries & Cemeteries reserves the right, under such circumstances, to place the body in a receiving vault until the full rights have been determined. Memorial Mortuaries & Cemeteries may require any protest to be presented in writing to the office of Memorial Mortuaries & Cemeteries.
Rule 3-L Not Responsible For Identity
Memorial Mortuaries & Cemeteries shall not be liable for the interment permit nor for the identity of the person sought to be interred.
Rule 3-M No Interment or Placement of Marker Permitted Unless All Fees, Charges and Property Are Paid For
No interment shall be permitted or memorial placed in or on any property not fully paid for except by special written consent of Memorial Mortuaries & Cemeteries in each and every case; moreover, in the event such consent is given, any and all interments or memorials placed in or on said property shall be considered as temporary. A note shall not be considered as payment and no rights shall be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash, including principal and interest as well as any and all other outstanding and unpaid charges due to the Company. If the purchaser of said property shall fail to meet all payments within thirty days after the same are demanded by Memorial Mortuaries & Cemeteries, Memorial Mortuaries & Cemeteries may re-enter said property and hold the same as of its former estate. Memorial Mortuaries & Cemeteries, thereupon, shall be released from all obligations thereto and may retain such payments as may have been made toward the purchase of such property as liquidated damages.
Memorial Mortuaries & Cemeteries reserves the right and shall have the right immediately or at any time thereafter, without notice and at its discretion, to cremate or to remove to single graves, to be chosen by Memorial Mortuaries & Cemeteries, each of the remains then interred in said property. Memorial Mortuaries & Cemeteries, further, shall have the right to remove any memorial that may have been placed on said property.
Rule 3-N Interment of More Than One Body
Not more than one body, or the remains of more than one body, shall be interred in one grave, vault, crypt or niche, unless such grave, vault, crypt or niche has been purchased with the written agreement that more than one body, or the remains of more than one body, may be interred, except by written consent of Memorial Mortuaries & Cemeteries, and provided proper identification is made of such interment or interments in one regulation crypt, niche, memorial or marker. This includes but is not limited to the placement of an urn or other container of cremated remains in a casket prior to burial of said casket. The maximum number of interred bodies, either cremated or not, into any one ground burial space is four. The maximum number of interred bodies that are not cremated into any one ground burial space is two. All interments must meet Company standards and meet requirements as to payment and notice.
Rule 3-O Interment for Members of All Races
The use of the property is not restricted to any person based upon race.
Rule 3-P Interment in Church or Lodge Plot
Where a plot is owned by a Church, Lodge or other society, interments shall be limited to the actual members of that organization, and to their husbands or wives, and to immediate members of their families as designated by the Church, Lodge or other society.
Rule 3-Q Association’s Equipment Must Be Used
Tents, artificial grass, lowering devices, and other equipment owned by Memorial Mortuaries & Cemeteries, shall be used exclusively in making interments, disinterments, removals and installing outer burial containers, markers or headstones.
Rule 4-A Removal for Profit Prohibited
Removal by the heirs of a body or cremated remains so that the plot may be sold for profit to themselves or removal contrary to the expressed or implied wish of the original plot owner is absolutely forbidden.
Rule 4-B May Obtain Larger Plot
A body or cremated remains may be removed from its original plot to a different plot in the cemetery, or other cemetery controlled by the Company, when there has been an exchange or purchase for that purpose.
Rule 4-C Care in Removal
Memorial Mortuaries & Cemeteries shall exercise due care in making a disinterment and removal, but it shall assume no liability for damage to any casket, urn or outer burial container incurred in making the disinterment and removal.
Rule 5-A Payment of Service Charges
The charges for the cemetery services must be paid at the time of the issuance of the order of interment or disinterment and removal.
Rule 5-B Past Due Indebtedness
Arrangements for the payment of any and all indebtedness due Memorial Mortuaries & Cemeteries must be made before cremation, interment or installation of a memorial or headstone will be made in any plot.
Rule 6-A Interment Rights of Plot Owners
All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance. All plots, graves, crypts, niches or burial spaces are not conveyed to the owner as fee simple property but conveyed as Interment Right granted by the Company within the Cemetery.
The spouse of an owner of any plot containing more than one interment right has a vested right of interment of his remains in the plot and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner. Vested right is available once fees for additional interment rights have been paid to the Company.
No conveyance or other action of the owner without the written consent of owner or the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminates the vested right of interment unless otherwise specifically provided in the decree.
In a conveyance to two or more persons as joint tenants each joint tenant has a vested right of interment in the plot conveyed.
Upon the death of a joint tenant, the title to the plot held in joint tenancy immediately vests in the survivors, subject to the vested right of interment of the remains of the deceased joint tenant.
A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested.
An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot is considered complete authorization to Memorial Mortuaries & Cemeteries to permit the use of the unoccupied portions of the plot by the person entitled to the use of it.
An affidavit by any person having knowledge of the facts setting forth the fact of the death of one joint tenant and establishing the identity of the surviving joint tenants named in the deed to any plot, when filed with Memorial Mortuaries & Cemeteries, is complete authorization to Memorial Mortuaries & Cemeteries to permit the use of the unoccupied portion of the plot in accordance with the directions of the surviving joint tenants or their successors in interest.
When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with Memorial Mortuaries & Cemeteries. In the absence of such notice or of written objection to its so doing, Memorial Mortuaries & Cemeteries is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any co-owner of the plot.
No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having prior vested right of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations.
Rule 6-B Rights of Succession for Plots
Whenever an internment of the remains of a member, or of a relative of a member of the family of the recorded owner, or of the remains of the recorded owner is made in a plot transferred by deed or certificate of ownership to an individual owner and the owner dies without making disposition of the plot, either in his will by a specific devise or by a written declaration filed and recorded in the office of Memorial Mortuaries & Cemeteries, the plot thereby becomes inalienable and shall be held as the family plot of the owner.
In a family plot, one grave, niche or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right of interment in it; and in those remaining, if any, the parents and children of the deceased owner in order of death may be interred without the consent of any person claiming any interest in the plot.
If no parent or child survives, the right of interment goes in the order of death; first, to the spouse of any child of recorded owner and second, in the order of death to the next heirs of law of the owner or the spouse of any heir of law.
Any surviving spouse, parent, child or heir who has a right of interment in a family plot may waive such right in favor of any other relative, or spouse of a relative, of either the deceased owner or of his spouse, and upon such waiver the remains of the person in whose favor the waiver is made may be interred in the plot.
Memorial Mortuaries & Cemeteries may take and hold any plot conveyed or devised to it by the plot owner so that it will be inalienable, and interments shall be restricted to the persons designated in the conveyance or devise.
Rule 6-C Descent of Right of Interment
If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously intermed are lawfully removed, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed and recorded in the office of the cemetery authority, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and his surviving spouse.
Rule 7-A Consent of Association
No transfer or assignment of any plot, or interest therein, shall be valid until the consent of Memorial Mortuaries & Cemeteries has been endorsed thereon and the same has been recorded on the books of Memorial Mortuaries & Cemeteries.
Rule 7-B Indebtedness
Memorial Mortuaries & Cemeteries may refuse to consent to a transfer or to an assignment so long as there is any indebtedness due to Memorial Mortuaries & Cemeteries from the recorded plot owner.
Rule 7-C Transfer Charges
Memorial Mortuaries & Cemeteries may fix a charge for all transfers of ownership in plots or other cemetery items. No transfer of ownership shall be complete or effective until all charges are paid.
Rule 7-D Offers to Provide Plot for a Deceased Child, Grandchild or Great-Grandchild of Plot Owner
The Company, at its sole discretion, may offer a plot for and at the time of death of a child, grandchild, or great-grandchild of a plot owner. Whenever possible, such plot shall be adjacent to the plot originally purchased by the plot owner. However, if such is not available, Memorial Mortuaries & Cemeteries may provide an equivalent plot in another part of the Cemetery.
Rule 8 May Not Subdivide Plots
The subdivision of plots is not allowed; no one shall be interred in any plot not having any interest therein, except by written consent of all parties interested in such plot and of Memorial Mortuaries & Cemeteries. However, a relative of any recorded owner may be buried in said plot as provided in these rules or in the laws of the State.
Rule 9-A Work to Be Done By Memorial Mortuaries & Cemeteries
All grading, landscape work and improvements of any kind, all care of plots, all planting, trimming, cutting or removal of trees, shrubs and herbage of any kind, and all openings and closings of plots, all interments, disinterments and removals shall be made only by Memorial Mortuaries & Cemeteries.
Rule 9-B Cemetery Management 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 cemetery management; and, should they be made without its written consent, or, in any event, at any time, in its judgment, they become unsightly to the eye, management shall have the right to remove, alter or change such improvements or alterations at the expense of the plot owner.
Rule 10 Superintendents In Charge Of Chapel
All arrangements for any service in the chapel, including the handling and disposition of flowers, must be under the supervision and control of the Cemetery or Mortuary management, whether such funeral be conducted by the employees of the mortuary operated in the cemetery or by a funeral director who’s funeral establishment is not within the cemetery.
Rule 11-A Floral Regulations
No flower receptacles may be placed on any plot or in the mausoleum or columbarium, unless approved by Memorial Mortuaries & Cemeteries and they shall be of approved size and design. In the case of a burial park, receptacles must be set wholly beneath the level of the lawn. Such receptacles may be purchased from and placed by Memorial Mortuaries & Cemeteries. Memorial Mortuaries & Cemeteries shall have authority 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 Superintendent, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards maintained. Memorial Mortuaries & Cemeteries shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces are attached. Memorial Mortuaries & Cemeteries shall not be liable for lost, misplaced or broken flower vases. Memorial Mortuaries & Cemeteries shall not be responsible for plants, herbage or planting of any kind damaged by the elements, thieves, vandals, or by other causes beyond its control. Memorial Mortuaries & Cemeteries reserves the right to regulate the method of decorating plots so that uniform beauty may be maintained. Memorial Mortuaries & Cemeteries reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or plants, or herbage of any kind, unless it gives its consent.
Rule 11-B Removal of Floral Frames
Floral frames removed from the cemetery may be disposed of by Memorial Mortuaries & Cemeteries in any manner it sees fit.
Rule 11-C Certain Ornaments Prohibited
The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, vases, glass, wood or iron cases, stakes, landscape lights, and similar articles, upon plots or in landscape areas, including surrounding vegetation, shall not be permitted, and, if so placed, Memorial Mortuaries & Cemeteries may remove the same.
Rule 11-D Urns and Like Items Are Subject To Approval
All fittings, adornments, urns, inscriptions and name plates for crypts or niches are subject to the approval and control of, and acceptance or rejection by Memorial Mortuaries & Cemeteries.
Rule 11-E Number of Urns in Niche
Only one memorial urn may be placed in an open-face niche unless such niche has been purchased with the written agreement that more than one urn may be placed therein. All remains placed in niches must be in a container deemed suitable and proper by Memorial Mortuaries & Cemeteries.
Rule 11-F Certain Ornaments Prohibited in Mausoleum and Columbarium
Artificial, dyed or preserved flowers, photographs, souvenirs, wreaths, flags or other emblems are prohibited in the mausoleum or columbarium. If they are placed by individual plot owners, they may be removed by the Superintendent or his assistants.
Rule 11-G Flowers in Private Rooms
When flowers are placed in private rooms, a mat must be provided to protect the floor from stains.
Rule 12-A Right to Re-plat, Re-grade and Use Property
The right and privilege, at any time and from time to time, to resurvey, enlarge, diminish, re-plat, alter in shape or size, or otherwise to change all or any part, portion or subdivision of the property hereby mapped and platted (including the right to lay out, establish, close, eliminate, or otherwise modify or change the location of roads, walks, or drives) and to file amended maps or plats thereof, and to use the same for the erection of buildings or for any purposes or uses connected with, incident to or convenient for the care, preservation or preparation for the disposal or interment of human dead bodies or other cemetery purposes, together with easements and rights of way over and through said premises, and the right and privilege of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communication lines, or for any other purposes, is hereby expressly reserved.
Rule 12-B No Right Granted In Alleyways
No easement or right of interment is granted to any plot owner in any road, drive, alley or walk within the Cemetery; however, such road, drive, alley or walk may be used as a means of access to the cemetery or buildings as long as Memorial Mortuaries & Cemeteries devotes it to that purpose.
Rule 13-A Must Use Walks
Persons within the cemetery grounds shall use the avenues, walks, alleys and roads. Any person injured while walking on the grass or while on any portion of the Cemetery, including the avenues, walks, alleys or roads, shall in no way hold Memorial Mortuaries & Cemeteries liable for any injuries sustained.
Rule 13-B Trespassers on Cemetery Plots
Other than cemetery staff, only the plot owner and their relatives may be permitted on the cemetery plot. Any other person thereon shall be considered a trespasser. Memorial Mortuaries & Cemeteries shall owe no duty to said trespasser to keep the property or the memorial thereon in a reasonably safe condition.
Rule 13-C Children
Children under fifteen years of age shall not be permitted within the Cemetery or its buildings unless accompanied by proper persons to take care of them.
Rule 13-D Flowers and Animal Life
All persons are prohibited from gathering flowers, either wild, cultivated or as grave decorations, or breaking trees, shrubbery or plants, or feeding or disturbing the birds, fish or other animal life.
Rule 13-E Refreshments
No persons shall be permitted to have refreshments within the Cemetery except as authorized by the management.
Rule 13-F Loitering Prohibited
Persons other than plot owners or relatives shall not be permitted to loiter in the Cemetery or in any of the buildings.
Rule 13-G Loud Talking
Boisterous or unseemly conduct shall not be permitted in the Cemetery or in any of the buildings.
Rule 13-H Smoking
Expectorating or smoking within any of the buildings is prohibited; smoking is only permitted on the grounds as allowed by State and local laws and regulations.
Rule 13-I Rubbish
The throwing of rubbish on the drives, paths or any part of the grounds, or in the buildings, is prohibited.
Rule 13-J Automobiles
Automobiles shall not be driven through the Cemetery at a speed greater than fifteen miles per hour and must always be kept on the right-hand side of the cemetery roadway. Automobiles are not allowed to park or come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral.
Rule 13-K Bicycles and Motorcycles
Bicycles and motorcycles shall be admitted to the Cemetery so long as they do not distract from the peaceful nature of the cemetery.
Rule 13-L Peddling or Soliciting
Peddling of flowers or plants or soliciting the sale of any commodity, other than by employees of Memorial Mortuaries & Cemeteries under its direction, is prohibited within the confines of the Cemetery. Solicitation of any kind is strictly forbidden at any time in the Cemetery without the approval of Memorial Mortuaries & Cemeteries. Violation of this rule will result in immediate dismissal from the property.
Rule 13-M Firearms
No firearms shall be permitted within the Cemetery except on special permit from the management or duly constituted authorities.
Rule 13-N Notices and Advertisements
No signs, notices or advertisements of any kind shall be allowed in the Cemetery unless placed by Memorial Mortuaries & Cemeteries.
Rule 13-O Pets
Pets not on leash shall not be allowed on the Cemetery grounds or in any of the buildings. Pets are restricted to hard paved surfaces and not lawn or planting areas. Pets may only be interred, buried, entombed, or inurned within the boundaries of a pet garden so designated by the Company.
Rule 13-P Hours of Operation
The cemetery grounds shall be open from dawn to dusk daily. The chapel and office is scheduled to be open as deemed appropriate by the Company.
Rule 13-Q Improprieties
It is of the utmost importance that there should be strict observance of all of the proprieties of the Cemetery, whether embraced in these rules or not, as no improprieties shall be allowed and the management shall have power to prevent improper assemblages.
Rule 13-R Property Management and Superintendent to Enforce Rules
The Property Manager, Superintendent and such other employees as Memorial Mortuaries & Cemeteries may designate are hereby empowered to enforce all rules and regulations and to exclude from the property of Memorial Mortuaries & Cemeteries any person violating the same. The Property Manager, Superintendent and his assistants shall have charge of the ground and buildings, and at all times shall have supervision and control of all persons in the Cemetery, including the conduct of funerals, weddings, traffic, employees, plot owners and visitors.
Rule 14 Fees or Commissions May Not Be Accepted By Employees‘
No person, while employed by or contracted with Memorial Mortuaries & Cemeteries, shall receive any fee or commission, except from Memorial Mortuaries & Cemeteries, either directly or indirectly, under penalty of immediate dismissal.
Rule 15-A Use of Guards and Non-Responsibility
Memorial Mortuaries & Cemeteries shall have the right to maintain guards if, in its discretion, it deems it necessary but is under no legal obligation to do so. Whether or not guards are used, Memorial Mortuaries & Cemeteries distinctly disclaims control especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority whether the damage be direct or collateral.
Rule 15-B Charges May Arise For Unusual Repairs Necessitated By Acts of God of Man
In the event that it becomes necessary to repair or reconstruct any marble, granite, bronze or concrete work on any section or plot or crypt or columbarium which has been damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil authority, and no trust fund has been provided with adequate available funds, Memorial Mortuaries & Cemeteries shall give a 10-day written notice of the necessity for such repair to the plot owner of record. The notice shall be given by depositing the same in the United States mail addressed to the plot owner of record at his or her address stated on the books of Memorial Mortuaries & Cemeteries. In the event the plot owner fails to repair the damage within a reasonable time, Memorial Mortuaries & Cemeteries may direct that the repairs be made and charge the expense against the plot and to the plot owner of record.
Rule 16 Plot Owner Must Notify Association
It shall be the duty of the plot owner to notify Memorial Mortuaries & Cemeteries of any change in his mailing address. Notice sent to a plot owner at the last address on file in the office of Memorial Mortuaries & Cemeteries shall be considered sufficient as proper legal notification.
Rule 17-A Endowment Care of Plots
Endowment care is that care and maintenance necessitated by natural growth and ordinary wear which can be provided at reasonable intervals with income from the endowment care fund, and includes planting, cutting and watering the area of lawns, trees and shrubs; the cleaning and upkeep of buildings; and the maintenance of utilities, walls, roadways and walks. Memorial Mortuaries & Cemeteries may also use a portion of the income from such funds for such general care, maintenance, repairs and embellishment as it, in its sound discretion, shall deem to be for the best interests of the Cemetery to the end that the Cemetery generally be kept in the best condition possible within the limits of such income.
Rule 17-B Endowment Care of Mausoleum or Columbarium
Endowment care is that care and maintenance necessitated by natural growth and ordinary wear which can be provided at reasonable intervals with income from the endowment care fund, and includes the cleaning and sweeping of the building at reasonable intervals; the replacement of broken glass; the keeping of the roof in repair; and proper provision of locks and doors to prevent the entrance of prowlers or undesirable persons. Memorial Mortuaries & Cemeteries may also use a portion of the income from such funds for such general care, maintenance, repairs, and embellishment as it, in its sound discretion, shall deem to be for the best interests of the Mausoleum and Columbarium to the end that the Mausoleum and Columbarium generally be kept in the best condition possible within the limits of such income.
Rule 17-C Endowment Care Exceptions
The term endowment care shall not be construed as meaning the maintenance, repair or replacement of any grave-stones or monumental structures or memorials placed or erected upon plots; nor the planting of flowers or ornamental plants; nor the maintenance or doing of any special or unusual work in the Cemetery or in the Mausoleum or Columbarium; nor does it mean the reconstruction of any marble, granite, bronze or concrete work on any section or plot, any portion or portions thereof in the Cemetery, Mausoleum or Columbarium, Crematory, or other building or structures, caused by mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or any order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
Rule 17-D Investment of Endowment Care and Special Care Funds
The money received for endowment care and special care shall be held in trust and invested as provided by law. Memorial Mortuaries & Cemeteries reserves the right, however, either to handle all investments itself, or to deposit said funds with any person, company or corporation qualified to act as trustee for such funds.
Rule 17-E Expenditure Limited to Income
Endowment care and special care, whether applied to plots, mausoleum or columbarium space, or to any space within the confines of the cemetery, shall be limited absolutely to the net income received from the investment of the care funds, no part of the principal being expended; anything herein stated to the contrary notwithstanding.
Rule 17-F Funds May Be Deposited With Others of Like Character
It is understood and agreed between the purchaser and Memorial Mortuaries & Cemeteries that endowment care funds and special care funds may be deposited with others of like character and intent, to the end that the income from such accumulated funds shall be used for care as provided in the rules and regulations; however, in no case shall their deposit be construed as a contract to care for any individual property or space in any way other than as defined in said rules and regulations. The care of the grounds and buildings, and special care, shall be limited to the net income received from the investment of such funds.
Rule 17-G Trustees to Direct Expenditures
The net income from the endowment care fund shall be expended by Memorial Mortuaries & Cemeteries in such manner as will, in its judgment, be most advantageous to the property owners as a whole, and in accordance with the purposes and provisions of the laws of the State applicable to the expenditure of such funds. Memorial Mortuaries & Cemeteries is hereby given the full power and authority to determine upon what property, for what purpose and in what manner the net income from said fund shall be expended, and it shall expend the net income in such a manner as, in its sole judgment, it may deem advisable for the care, reconstruction, repair and maintenance of all or any portion of the Cemetery grounds, Mausoleum or Columbarium, and may include those items specifically excepted in rule 17-C. It may also expend the income for attorney, court or legal fees and other costs necessary to the preservation of the legal rights of Memorial Mortuaries & Cemeteries.
Rule 17-H Amount of Deposit for Lawn Plots
The amount to be collected from each purchaser of a cemetery lawn plot at the time of payment of the purchase price and to be deposited in the endowment care fund shall be a sum averaging not less than 50¢ per square foot of lawn space, as may be determined by Memorial Mortuaries & Cemeteries for the various sections, after taking into consideration the absence of varying numbers of monuments, in any sections, the character of the sprinkling system, the physical difficulties in character of ground, and such other factors as tend to determine the necessary cost of the care of said lands.
Rule 17-I Amount of Deposit for Mausoleum and Columbarium
The amount of endowment care for the Mausoleum and Columbarium shall be an amount equal to but not less than that required by law per crypt and no less than that required by law per niche.
Rule 17-J Deposit Required For Private Memorial
Before any vault, tomb, sarcophagus, private mausoleum or columbarium is erected, the proprietor must deposit in the endowment care fund, a sum of money estimated by Memorial Mortuaries & Cemeteries to be sufficient to yield an income for the proper care of such structure in perpetuity.
Rule 17-K Record of Deposits
A record book shall be kept by Memorial Mortuaries & Cemeteries showing the name of each plot purchaser and the amount he has deposited with the endowment care fund.
Rule 17-L Special Care
Special care shall include only those specific services set forth in Special Care agreements with the plot owners. It may include the improvement or embellishment of all or any part of the Cemetery or any plot in it, the erection, maintenance, removal, repair or preservation of any memorial structure, the planting and cultivation of flowers, trees, shrubs or plants in and around the Cemetery, or any part thereof, the filling and care of vases, special care of flower beds, and the placing of floral decorations at Easter, Memorial Day, Christmas or at any other date requested, including the special care or ornamenting of any plot, section or building, or any portion thereof, in said Cemetery, or any other purpose or use not inconsistent with the purpose for which the Cemetery was established or is being maintained. Special care funds may be invested with and in the same manner as endowment care funds.
Rule 17-M Charitable Purpose of Endowment and Special Care Funds
The sum paid in or contributed to the endowment or special care funds are expressly authorized for a charitable and eleemosynary purpose. Such contributions are a provision for the discharge of a duty due from the person contributing to the person or persons interred or to be interred in the Cemetery and likewise a provision for the benefit and protection of the public by preserving, beautifying, and keeping the Cemetery from being un-kept and a place of reproach and desolation in the community. No payment, gift, grant, bequest, or other contribution for such purpose is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the endowment or special care funds, nor are the funds or any contributions to them invalid as violating any law against perpetuities or the suspension of the power of alienation to title to property.
Rule 17-N Transfer of Endowment Care Funds
The amount allocated for the Endowment Care Trusts shall be transferred by Memorial Mortuaries & Cemeteries to the Trustee of Trust “A” and Trust “B” upon final payment of the contract purchase price.
Rule 18-A Temporary Use of Crypt or Vault
The receiving vaults are for temporary use only and the company may charge a monthly rental. Under no circumstances shall a body be considered as interred or buried by reason of being placed therein.
Rule 18-B Deposit Required
A deposit, the amount of which shall be determined by Memorial Mortuaries & Cemeteries, may be required at the time of placing the remains in the receiving vault, which deposit shall be sufficient to include fees for opening and two months rental. Upon failure to make suitable arrangements for the final disposition of the remains within a reasonable time, or upon failure to pay rental, or for any other reason, Memorial Mortuaries & Cemeteries may, in its discretion, remove the body and cremate or inter it after first having given seven (7) days written notice by deposit of a letter in the United States Mail addressed to the person making the placement, at the address stated on the books of Memorial Mortuaries & Cemeteries, and shall apply said deposit on the expenses it incurs.
Rule 18-C May Inter If Body Poorly Preserved
Memorial Mortuaries & Cemeteries reserves the right, without notice, to immediately remove from its receiving vaults or crypt, that is not a receiving vault, and cremate or inter any remains not in a good state of preservation, or when the condition of the body renders its interment necessary; or it may, on its discretion, permit an embalmer to do necessary preservative work when such work appears in its discretion appropriate and necessary.
Rule 18-D Infectious Diseases
The remains of any person who has died of an infectious or contagious disease shall not be allowed to be deposited in the receiving vault.
Rule 19-A Marker Requirements
Monuments or stones of any kind, or enclosures, shall not be permitted on the graves within the entire Memorial Park unless express written permission is given by the Company. Only bronze tablets or markers shall be allowed and they must be set level with the ground. The foundation must be placed by Memorial Mortuaries & Cemeteries.
Rule 19-B Bronze Sections or Gardens
The company may designate a section, garden, or cemetery where all monuments or markers allowed will be bronze tablets or plaques mounted on granite or concrete foundations. The Company may designate that only bronze tablets or plaques mounted on granite may be allowed in these sections. Once a garden or section is so designated, all new markers must meet the bronze marker requirements. Existing granite markers may, at the Company’s discretion, remain and be repaired, replaced or matched in design. Existing bronze tablets, either pre sold or placed without granite, may remain and be repaired or replaced.
Rule 19-C Foundations Required for Bronze Markers
All bronze memorial plaques or tablets shall be mounted on a foundation of concrete or granite in accordance with the guidelines stated above. Certain designated gardens may require natural fieldstone foundations or boulders that must meet Company approval.
Rule 19-D Concrete Foundation Specifications
Concrete used shall test to 3,500 PSI compressive strength after 30 days or higher. No concrete shall be exposed beyond the edge of the bronze tablets or plaque, nor shall it be less than 3.5 inches thick.
Rule 19-E Granite Foundation Specifications
Granite used shall be of good quality free of open cracks or defects and test to 15,000 PSI compressive strength or higher. Foundation may have saw or rock face edges and polished or honed surface. Slab thickness shall not be less than 4 inches. Granite must extend beyond the edge of the bronze tablets by 4 inches unless approved by the Company. No engraving is allowed on the granite slab. The company, at its sole discretion, may replace granite foundations that crack or are damaged without notice to the plot owner. The replacement granite may not match the original granite in color or type.
Rule 19-F Maximum Number of Markers
The maximum number of markers on any one plot is two.
Rule 19-G Uniformity of Marker Design
The Company may designate a Mausoleum or Columbarium or Garden to have only one type of design for the marker tablets or plaques. In such areas, the bronze or granite tablet must be in conformance to the designated design and any exceptions must be granted by the Company. The Company reserves the right to approve all emblems that may be part of the tablet.
Rule 19-H Bronze Memorial Tablets- Standard Specifications
The following standard specifications are directed to the notice of plot owners and manufacturers of bronze memorial tablets intended for placement in the Cemetery. All markers or tablets are subject to the approval of Memorial Mortuaries & Cemeteries prior to placement.
Sizes and Dimensions of Bronze Plaque or Tablets
A. Outside Dimensions Including Flange:
B. Attachment Bolts:
Materials
A. Standard of Quality – bulletin QQ-B-69il-Al of the National Bureau of Standards on the subject of Bronze Castings is used as authoritative reference.
B. Proportions of materials as follows: not less than 87% copper, not less than 5% tin, not more than 5% zinc, not more than 2% lead, all other elements not to exceed 2.5%.
Designs
A. General Requirements
Lettering
Rule 19-I Granite Memorial Tablets (In Sections Where Allowed)
Rule 19-J Vases for Marker, Headstone, or Monument
Rule 19-K Granite Benches
Rule 20-A Producers and Retail Dealers Responsible for Defects of their Products
Rule 20-B Monuments and Markers
Rule 20-C Design and Finish
Rule 20-D Materials
Rule 20-E Mausoleums and Tombs
Rule 20-F Foundations
Rule 20-G Errors in Placing Of Memorials
Memorial Mortuaries & Cemeteries reserves and shall have the right to correct any error that may be made by its employees or by any other person or persons in the location or placing of a memorial in the Cemetery.
Rule 20-H Miscellaneous
Rule 21 Statements of Sales Agents
The certificate of ownership and these rules and regulations and any amendments thereto shall be the sole agreement between Memorial Mortuaries & Cemeteries and the plot owner. The statement of any sales agent shall in no way bind Memorial Mortuaries & Cemeteries.
Rule 22-A Exceptions and Modifications
Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. Memorial Mortuaries & Cemeteries, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of these rules and regulations when, in its judgment, the same appears advisable; such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule.
Rule 22-B Amendments
Memorial Mortuaries & Cemeteries may, and it hereby expressly reserves the right, at any time or times, to adopt new rules and regulations, or to amend, alter or repeal any rules, regulations, articles, sections, paragraphs or sentences in these rules and regulations.
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