PELICAN WOODS CEMETERY AND NATURE TRAIL AT BREEZY POINT015800BA-D4A6-4AD6-848… · Cemetery Rules...

PELICAN WOODS CEMETERY AND NATURE TRAIL

AT BREEZY POINT

RULES AND REGULATIONS

____________________________________________

RULES AND REGULATIONS FOR

PELICAN WOODS CEMETERY AND NATURE TRAIL AT

BREEZY POINT BREEZY POINT, MINNESOTA

Cemetery Rules and Regulations

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CONTENTS

Preface 3

I. General Information 4 II. Authority 4 III. Purpose 5 IV. General Definitions 5 V. General Rules and Regulations 6 VI. Sale and Purchase of Interment Rights 9 VII. Interments or Inurnment 11 VIII. Removals 12 IX. Mausoleums, Lawn and Garden Crypts, Tombs and Sarcophagi 13 XI. Pelican Woods Cemetery Shelter and/or Breezy Point 13 Community Center XII. Permanent Care of Cemetery Properties 14 XIII. Endowment Funds for Special Services 14 XIV. Lot Decorations 14 XV. Plantings 14 XVI. Cut Flower Vases 15 XVII. Flower Urns 16 XVIII. Installation of Flower Urns and Vases 16 XVIV. Memorial Marker Regulations and Specifications 17 XX. Benches / Memorial Benches 19 XXI. Monuments 20 XXII. Independent Contractors 20 XXIII. Authorization 22


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PREFACE

Rules and Regulations for

Pelican Woods Cemetery and Nature Trail at

Breezy Point

On September 7, 1999 the Breezy Point City Council approved and granted permission for a Cemetery to serve its citizens and the surrounding communities. The City Council appointed the Cemetery Commission to accomplish that task. The Crow Wing County Land Department sold 17.5 acres of tax forfeited property to the City with strict covenants, specifically one half of the 17.5 acres to be dedicated and used for parks, recreation and a Nature Trail. The City officially dedicated and opened the Cemetery on June 23, 2001. The following official Rules and Regulations were established by the Cemetery Commission after research and consultation with the City Attorney, Crow Wing County Land Commission, Minnesota DNR Division of Land Management and Forestry, DNR Non-Game Wildlife Division, Landecker and Associates, Crow Wing County Commissioners, League of Minnesota Cities, Minnesota Cemetery Association, Minnesota Master Gardeners and local funeral homes and Directors. Considerable time, money, research and effort was put into the formulation of the Rules and Regulations to protect the Cemetery, City Residents, those interred, and all those who wish to use the facility. The following represents the reasoning and rationale for the strict Rules and Regulations. 1. Continuity for “All”. 2. Fairness for “All”. 3. Maintenance and associated costs 4. Uniformity of Cemetery proper, markers and gravesites. 5. Ingress and Egress of lots for funeral processions, families and providers. 6. Protection of cemetery grounds and Nature Trail.

7. Maximum utilization of space for mandated uses by Crow Wing County and Council.

It is the intent and stated purpose of the above “preface” to the Official Rules and Regulations for the Pelican Woods Cemetery and Nature Trail to be used as a strict guideline for and in the perpetuation of the people’s cemetery by those who have the privilege to carry on these tenants. Gary A. Bakken Chairman Breezy Point Cemetery Commission


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BREEZY POINT CEMETERY COMMISSION

RULES AND REGULATIONS FOR

PELICAN WOODS CEMETERY AND NATURE TRAIL AT

BREEZY POINT

I. General Information The “Commission” was established in 1999 to serve the community as a municipal Cemetery Commission to provide burial facilities for persons of any race, color or creed. It is the objective of the Commission to create and preserve a cemetery and nature trail of great beauty, harmony and utility. To this end, it is necessary to establish rules and regulations “rules” to govern the activities within cemetery boundaries. The purpose of these rules is not to restrain, but rather to guide use consistent with a common objective. The rules are intended to prevent the inconsiderate from taking advantage of others, whether suppliers of materials or services, the general public, visitors, trail users or owners of interment or inurnment rights. The rules and regulations as herewith adopted will apply with equal force to all owners of interment or inurnment rights, trail users, the general public, visitors, funeral directors, suppliers of materials or services, and contractors performing work within the cemetery. II. Authority These rules are created pursuant to the reservation of right contained in the grant of interment or inurnment rights to owners, and under the authority granted by the City of Breezy Point under Ordinance, and the laws of the State of Minnesota. 1. All rules contrary to or inconsistent with lawful amendments hereinafter made are repealed when such amendments are effective. 2. The Commission reserves the right to adopt additional rules or to amend, alter, or repeal any rule, or portion thereof at any time, without notice.

3. The Cemetery Commission is authorized to make temporary exceptions, suspensions or modifications of any rule without notice when, in their judgment, such action is necessary and in the best interest of the Cemetery and nature trail.


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III. Purpose Pelican Woods Cemetery and Nature Trail is dedicated and restricted to the burial of the human dead and to trail walking as further described herein and will be used for no other purposes. IV. General Definitions

1. The term "cemetery" is defined to include all property now or hereafter

owned or otherwise controlled by the Commission in the vicinity of Ski Chalet Drive and County Road #11, Breezy Point, Minnesota, named “Pelican Woods Cemetery and Nature Trail at Breezy Point,” and dedicated by the Commission for cemetery purposes, including, but not limited to, common areas, community walking trails, roadways, and burial grounds, together with all other buildings and improvements located thereon.

2. The term “Nature Trail” is defined to be a strip of land, 15 feet wide,

meandering through and within the confines of the Cemetery above described, available for public use.

3. The term "lot owner" or "owner" means the owner of interment or inurnment rights, as granted by the Commission in the original purchase or by legal succession. It does not include any person solely by reason of his or her being designated as having a burial right in a lot.

4. The term "interment" means the burial or the inurnment of the human

dead. 5. The term "purchase agreement" means the form of agreement utilized from

time to time by the Commission for the sale of interment rights or inurnment rights in the Cemetery.

6. The term "trust agreement" means the instrument used by Owners of

interment or inurnment rights to assign such rights to the Commission to be used according to the wishes of the grantors thereof.

7. "Burial" means the placement of human remains in a grave. 8. "Inurnment" means the placement of cremated remains in an urn or the

interment of the urn in a burial space.

9. The term "lot or plot" means an area identified on a layout map filed in the City of Breezy Point offices, each providing a location for the burial of one to six human remains.

10. The term “grave or burial space” means one of six spaces within a lot. The

exact locations identified on drawings filed with the City.


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11. The term “cremains” means cremated human remains, sometimes referred

to as “ashes.” 12. The term "memorial" means any monument, marker, urn, vase or structure

placed upon any lot for the purpose of identification or in memory of the interred. 13. The terms "contractor" or "independent contractor” means any person, firm

or corporation performing any work in or on the cemetery grounds, other than an employee of the City.

14. The terms "commission" mean officers and city employees who have the responsibility for the administration and operation of the Cemetery.

15. The term "permanent care" means the general care of the Cemetery, as

hereinafter defined. 16. The term "special care" means special services and care for a specific lot or

memorial, which services and care are not provided for by the permanent care of the Cemetery. 17. The term “office” means “city offices” of the City of Breezy Point located at

8319 County Road #11, Breezy Point, MN. 18. The term “Commissioner” means an officer of an organized and advisory

team whose mission and purpose is to supervise, develop and maintain the city’s cemetery per Minnesota State Statues 306.01-306.99, with duties and responsibilities assigned by the Chair, City Council and City Administrator.

19. The term “Providers” means anyone needing access to the cemetery lot for

necessary services including, but not limited to City Staff, Funeral Home Staff and Vault and/or Marker Suppliers. V. General Rules and Regulations

1. The Commission is the municipal Cemetery Commission, under the ordinances of the City of Breezy Point, laws of the State of Minnesota and the rights of burial granted lot owners, has the right to require all persons entering the Cemetery to comply with rules adopted by the Commission. The City or Commission has the authority to refuse admission to the grounds or to require any person to leave whose conduct is not consistent with these rules. 2. Pedestrians within the Cemetery are to use only the marked, established avenues, roads, walks, trails and alleyways. 3. Children under sixteen (16) years of age are not permitted within the Cemetery, or its buildings, unless accompanied by a responsible adult.


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4. Visitors to the Cemetery are required to be in clean, conventional attire consistent with the dignity of the surroundings. Persons without shoes, shirts or in scanty attire will not be admitted. 5. The conduct of all persons within the Cemetery must respect the area as a sacred and reverent place. The following are specifically not permitted within the Cemetery unless approved previously: A. Idling or loitering on the grounds or in any of the buildings. B. Placing or distributing any signs or notices not approved by the Commission. C. Peddling or soliciting the sale of any object or material. 6. Persons are forbidden to hunt, feed or disturb birds or other wild life in the cemetery. 7. All persons are strictly forbidden from picking any flowers, either wild or cultivated; from breaking or cutting any tree, shrub or plant; from marring or defacing any landmark, monument, marker, memorial or structure; or from defacing or littering the grounds, in any way. 8. The unauthorized removal of flowers, plants, shrubs, trees or any landmark, monument, marker, memorial, flower vases, flower urns or any tools, equipment or other such personal property is strictly forbidden. 9. All vehicles within the Cemetery must be operated with the maximum caution and consideration for others. The following specific regulations are to be adhered to: A. The speed limit for vehicles within the Cemetery is ten (10) miles per hour. B. All vehicles meeting a funeral procession will stop and yield the right of way to the procession. C. No vehicle may overtake a funeral procession nor drive past the point where a funeral service is in progress. D. All vehicles must be operated at a minimum noise level. E. Joy riding, parading or operating a vehicle by a student driver is prohibited. F. All vehicles must keep off the grass and travel or park only on the established roadways and shoulders constructed for that purpose.


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G. Leaving or abandoning any vehicle on Cemetery property is prohibited. Vehicle will be removed at the owner’s expense. H. Motor vehicles are permitted to travel only in the direction designated and to reverse direction or U-turn only at roadway intersections. I. The Commission may prohibit motor vehicles or wheeled vehicles from entering the Cemetery at any time. J. All applicable noise ordinances and statutes shall be strictly enforced. K. Snowmobiles and ATVs are strictly forbidden in cemetery. 10. Group visits or large assemblies of persons are not permitted without prior approval of the Commission, except when in attendance at funerals. A member of the Cemetery Commission may supervise tours. 11. The City will take reasonable precautions to protect Owner, and the property rights of Owners, within the Cemetery, from loss or damage; but the City distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasion, insurrections, riots, acts of terrorism or order of any militia or civil authority.

12. The Commission reserves the exclusive right to attach or install electronic or other surveillance devices it may deem proper on or in any building, structure, monument, fence, tree or gate for the purpose of protection against vandalism, trespass, or theft. 13. Dogs, with the exception of service dogs, cats or other pets are not permitted on the Cemetery grounds, nor in its buildings. Dogs are permitted throughout the nature trail but must be leashed and under the control of the owner. Pets brought to the Cemetery must remain in the vehicle or tethered in an area approved by the Commission.

14. Employees of the City are not permitted to do any work on the Cemetery grounds for lot owners, other individuals or contractors, except upon order of the City. 15. All permits, fees or charges for services are payable at City offices and all receipts and acknowledgments must be issued by that office. 16. The right to enlarge, reduce, replot or change the boundaries or grades of the Cemetery, or any section of the Cemetery, including the right to modify or change or remove or re-grade the roads, drives and walks is reserved to the Commission. This reservation includes the right to lay, maintain, operate, alter or change pipe lines, gutters, electric lines, sprinkling and drainage systems. The right to locate, alter, relocate, and remove lakes, ponds, flower gardens, shrubs, trees and decorative features is also reserved to the Commission.


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17. The Commission reserves the right to use Cemetery property for anything necessary, incidental or convenient to Cemetery purposes and for the operation of a trail system open to the public. 18. The Commission reserves to itself, to City employees and to those lawfully entitled thereto, a perpetual right of ingress and egress over all lots for the purpose of passage to and from other lots.

19. Lot owners are responsible for notifying the City of any change in his or her post office address. Notices sent to a lot owner at the last address on file in City offices will be sufficient and proper legal notification. 20. The Commission reserves, and shall have, the right to correct any errors that may be made by it, either in 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 exchange thereof other interment property of equal value and similar location, as far as possible, or as may be selected by the Commission, or in the sole discretion of the Commission, by refunding the amount of money paid on account by said purchaser. In the event such error will involve the interment of the remains of any person, management reserves, and will have, the right without any further liability whatsoever, to have removed and/or transfer such remains so interred to such other property as may have been properly conveyed or to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. This includes the right, after proper notification as outlined in Rule 21 and without further notice, to enter upon any lot for the purpose of disinterment and reinterment to correct any such error. Furthermore, no right of action against the Commission or any of its officers or employees of the City of Breezy Point shall accrue to any person or persons, unless such wrongful interment will have been the result of willful or malicious misconduct. 21. In the event the Commission is unable to allow an interment or inurnment in any lot for any reason beyond its control, or because the burial space, in the judgment of management, is not, at the time of burial, suitable for the disposition, then the City may, without any further liability whatsoever, convey in exchange therefore, other interment property of equal value and similar location, as far as possible or in the sole discretion of the City, refund the amount of money paid on account of said purchaser. VI. Sale and Purchase of Interment Rights 1. Purchasers of interment or inurnment rights in Pelican Woods Cemetery and Nature Trail at Breezy Point do not acquire ownership of any part of the lot or any Cemetery and Trail property, except for the rights of interment or inurnment as specified in the Deed. Further, such burial rights are not acquired until the purchase price has been paid in full. 2. The Deed of Burial Rights, the instrument of transfer, and these rules, constitute the sole agreement between the Cemetery and the owner of the burial rights. Any statement of any employee or agent, unless confirmed in writing by an official of the Cemetery, shall not be binding upon the Commission.


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3. Burial rights in Pelican Woods Cemetery and Nature Trail at Breezy Point are not sold in common ownership or joint tenancy. Ownership must stand in one name only.

4. The purchase of burial rights does not include the charges for interment or inurnment. The cost of any memorial marker, vault, urn or any other such item is not included. 5. The sale and/or transfer of any ownership or burial rights require the approval of the Commission and must be in compliance with its rules and regulations. The transfer or the descent of title of deceased owners is prescribed by Minnesota Statutes. 6. The Commission may refuse its consent to a transfer or an assignment as long as there is any indebtedness to the Commission.

7. All transfer of ownership of interment rights shall be made in accordance with the Minnesota Statutes, Section 306.15 as hereinafter amended. 8. Owners of burial rights may, by Trust Agreement, convey property in trust to the Commission, to be held or to be used as specified in the Trust Agreement by the grantors thereof. Trust Agreements, as permitted by law, will be prepared by the Commission. There is a nominal service charge for recording the Trust Agreement.

9. A lot owner may dispose of his or her cemetery property by will to a surviving relative, or in trust to the Commission. The disposal of lots by owners is governed by Minnesota Statutes 306.29.

10. In the event a lot owner does not devise or bequeath grave spaces by deed or will, or in the event the will is ineffective, or in the event said property has not been placed in trust, then the descent of title upon death of the lot owner shall be governed by Minnesota Statutes 525.14.

A. The law governing descent of title shall be the one in effect at the time of death of the deceased lot owner.

B. If the descent of title to a lot is not prescribed by a Will or Trust Agreement, then ownership will be established in accordance with Minnesota Statutes by filing a notarized affidavit with the Cemetery. When proof of title has been furnished and recorded, a Certificate of Ownership or Deed of Burial Rights will be issued by the Commission to the successor owner. 11. The successor owner of Cemetery property shall receive title and rights that are included in the original purchase contract or supplemental agreement. Any alterations, disinterments or modifications to the property, of any kind, can be made only with the approval of the Commission. 12. Designated lots may be initially purchased in accordance with a published rate schedule with from one to six burial rights each. The Commission may, if feasible, allow owner to add burial rights after original purchase in accordance with an accelerated rate schedule.


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VII. Interments or Inurnments 1. Regular interments or inurnments in the Cemetery will be made Monday through Saturday between the hours of 8:30 A.M. and 4:30 P.M., certain exceptions and provisions apply, namely; A. Overtime may be charged for all burials before the hour of 8:30 A.M. or when the vault cover has not been set in place by 4:00 P.M. or on Saturday at any time. B. No burials shall be made on the legal holidays of Christmas, New Year's, Memorial Day, July 4th, Labor Day and Thanksgiving, or on Sundays. However, if and when the Commission is required by law or because of unforeseen circumstances to allow burials to be made on Sundays or holidays, then additional fees may be charged. 2. No interment other than that of the spouse of the owner or person or persons designated in Deed of Burial Right document may be made in any lot without written consent of the lot owner or an authorized representative of the owner. If the owner of the lot does not designate the specific space to be used, then management reserves the right to make the designation. 3. Burials of caskets will be placed in vaults made of concrete, metal or material of a design approved by the Commission. Vaults are recommended for the protection of cremain containers but are not required. 4. No interment will be permitted if there is indebtedness to the Cemetery, unless the Commission has accepted an arrangement for payment. 5. The Commission will not be responsible for any delay of an interment caused by regulatory authority, Federal, State or local laws, or violations of the rules of the Commission. 6. If any unusual conditions or circumstances prevent immediate interment, then the Commission reserves the right to require the remains to be placed in temporary storage. 7. Interments of more than one remains in a grave space is not permitted, except when specifically approved by the Commission and where an additional burial right has been purchased. 8. Interments or inurnments can be made only by licensed personnel and properly authorized by the City. 9. Tents, decorations, fixtures or mechanical devices if required for a burial service shall be provided by owner or his or her agent.

10. All funeral processions and vehicles related thereto, upon entering the Cemetery, shall be subject to the direction of Cemetery personnel.


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11. A burial or cremation permit from the local Department of Health must accompany all bodies brought to the Cemetery. 12. A casket within the confines of the Cemetery and which contains any remains will not be opened, except for cremation, without proper authorization from the next of kin, a family representative of the deceased or a court order. 13. The Commission requires a minimum notice of seventy-two (72) hours prior to an interment or inurnment. VIII. Removals 1. Disinterment or reinterment within the confines of the Cemetery shall be subject to the rules of the Commission and all State and local laws. 2. No disinterment or removal will be allowed or made, except by authority, in writing, of the owner of the lot in which the interment is made and by the legal next of kin of the decedent and/or by a court order. 3. All disinterments and/or reinterments within the Cemetery must be made by licensed personnel. 4. All costs related to a disinterment and reinterment must be paid for in advance. 5. The Commission will exercise the utmost care in assisting with a removal, but will not be liable for damage to casket or burial container or urn. When a decision by the City requires a new outside container, the cost must be paid for by the person arranging for the removal. 6. A disinterment by the heirs, beneficiaries or other claimants, so that the property may be sold or used for personal gain, is not permitted. 7. In all cases wherein cremains are to be removed from the Cemetery, the Commission will require the Commission’s receipt form to be signed by the person authorized to make the removal, or his or her agent. 8. When remains are removed from the Cemetery, a permit from the local health department is required in addition to the authorization of the lot owner and the legal next of kin of the decedent and/or by a court order. 9. When the coroner, a court or other properly authorized authority request a disinterment, a certified copy of the order directing such action must be filed with the Commission in advance. The Commission assumes no liability for any claims resulting from such a disinterment.


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IX. Mausoleums, Lawn and Garden Crypts, Tombs and Sarcophagi 1. The construction or placement of any private mausoleum, tomb or sarcophagi will not be permitted without the approval of the Commission for the design, construction specifications and location of the proposed structure. Approval will require the establishment of a Special Care Fund in an amount acceptable to the Commission which, in any case, shall not be less than 10% of the total cost of the structure. XI. Pelican Woods Cemetery Shelter 1. The Pelican Woods Cemetery Shelter area is available for funeral or memorial services, Monday through Saturday, according to specified schedules established by the Commission. No services will be held on Sundays or the legal holidays of Christmas, New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving or day after Thanksgiving. 2. Reservations to use the facility must be made in advance through the City offices. Each service shall be scheduled for a period of 1½ hours and the facility must be vacated within this time, unless prior arrangements have been made with the City. 3. The facilities are reserved for only one service period except if special arrangements are made. 4. There is no charge for the use of the Shelter, provided the burial takes place in the Cemetery. An extra charge will be made for the use of the facility if:

A. The interment does not take place in Pelican Woods Cemetery.

B. The facility is reserved for more than one reservation period.

5. Any charge made by the Commission for the use of the facility does not include any arrangements or payments for any service performed by others. XII. Permanent Care of Cemetery Properties 1. The permanent care of the Cemetery is assumed by the Commission and, in general, includes such things as the mowing of the grass, raking of fallen leaves, maintaining the roadways, water systems, and cemetery buildings, if any, and the care of trees, shrubs and flowers that may have been placed by the Commission. 2. To perpetuate the permanent general care of Pelican Woods Cemetery, twenty percent of the moneys received from all lot sales shall be placed in a Permanent Care and Improvement Fund. The income derived from this fund is used to defray the cost of the general care and maintenance as described in 1. above of the cemetery.


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XIII. Endowment Funds for Special Services 1. Although all lots or property in Pelican Woods Cemetery and Nature Trail receive the same general care provided through the Permanent Care Fund, in time, unusual outlays will be necessary on many lots due to the effect of time on monuments, markers, urns, evergreens and shrubs. To provide for these and other contingencies, the Commission maintains personalized Special Care Endowment Funds. 2. The principal sum required to create such a Special Care Fund is determined by an estimate of the annual cost of the special services specified. This amount is set aside as a perpetual trust. As only the income earned and available from the endowment will be used to pay for the special services, the principal will forever remain untouched. Those who wish to provide such a Fund should contact the City. Special Care Funds may also be established and dedicated for special projects in the Cemetery. XIV. Lot Decorations 1. Fresh floral bouquets in approved unbreakable vases may be conditionally and temporarily permitted. The use of glass or china jars, tin cans or other unapproved containers on Cemetery grounds is prohibited and is subject to immediate removal by the Commission. 2. Fresh evergreen wreaths are permitted from November 1st through the Christmas season and should be removed from the grounds before spring, or when they become unsightly. The Commission reserves the right to remove all decorations that become unsightly. 3. Thatching of the graves with evergreen boughs or other materials is not permitted. 4. Potted plants are permitted only for the Memorial Day holiday and must be removed on the fourth (4th) day thereafter. 5. The use of any flag or flag holder on a lot is permitted only for the Memorial Day and July 4th holidays and special celebrations as approved by the Commission. 6 Artificial flowers, plants, wreaths, or other designs are never permitted and will be subject to immediate removal. XV. Plantings 1. No flowering plants, shrubbery or trees of any kind are permitted to be cultivated on any lot without the express written consent of the Commission after the monument has been erected and only after the establishment of a Special Care Endowment Fund for the special care of same.


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2. No enclosure of any kind, such as a fence coping, hedge or ditch shall be permitted around any grave or lot. Grave mounds will not be allowed and no lot shall be raised above the established grade. 3. The Commission will not be responsible for damage to or loss of plantings, cut flowers, potted plants, wreaths, trees, benches or other decorations caused by the elements, thieves, vandals, disease or other causes beyond its reasonable control. 4. The Commission reserves the right to remove all floral decorations, trees, shrubs or plants when they do not conform to these rules, or which become unsightly, overgrown, dangerous or diseased on the lot on which they are situated, or to any other lot, path or roadway. Failure to arrange for or to give proper care shall constitute an order to remove same. 5. Trees existing on lots before sold shall not be removed later to make additional burial space. No person shall be deprived, however, of the reasonable use burial rights purchased because of the interference of any tree or shrub 6. The Commission may, at its discretion, plant shrubs or trees on any lot in order to enhance the beauty of the Cemetery. However, if planted after the lot had been sold and it is determined that it would interfere with a future burial, then such planting will be removed at no expense to the lot owner. XVI. Cut Flower Vases 1. Approved temporary metal or plastic cemetery vases for fresh cut flowers may be used at any time, no glass allowed. They must be removed from the lot when the flowers become wilted. 2. Approved permanent type cut flower vases manufactured of bronze, aluminum or other durable metals are permitted to be installed on any lot. 3. All permanent flower vases shall be an integral part of the marker and must be of a type and style that invert and, when not in use and inverted, the top portion of the vase will be at or below the surface of the ground. 4. Only one permanent cut flower vase is permitted to be installed for each lot in a place and position determined by the Commission. Two vases are permitted in conjunction with a family lot. 5. Cut flower vases must be used for fresh cut flowers only. No potted plants, artificial flowers, plants or other decorations will be permitted in the vase. 6. When the flowers in a cut flower vase become wilted or unsightly or in the judgment of the Commission do not contribute to the beauty of the area, they must be removed and the vase placed in an inverted position.


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7. No cut flower vase or any portion thereof shall be removed from the lot or the cemetery except by written consent of the lot owner and approval of the Commission, or unless instructed to do so by the City. 8. The Commission will exercise all feasible care to protect all cut flower vases, but the Commission will not be responsible for damage to or loss of cut flower vases caused by the elements, thieves, vandals or other causes, beyond its reasonable control. 9. Should any cut flower vase become unsightly or in need of repair, the Commission shall have the right to remove, replace or repair it. Any expense of removal, replacement or repair of a cut flower vase shall be the responsibility of the lot owner unless the cause of the loss or damage to the cut flower vase was within the reasonable control of the Commission. XVII. Flower Urns 1. The use of approved flower urns for growing plants is permitted only with the consent of the Commission. 2. All installations of flower urns must be made of durable or permanent materials such as cast iron, bronze, granite or marble. 3. All flower urns, if allowed, must have a Special Care Endowment Fund established with the Commission to assure they will be filled, watered and cared for in perpetuity. The Commission reserves the right to determine the amount of the Fund required. 4. No artificial plants, flowers, shrubs or decorations will be permitted to be used in any flower urn. Such use will constitute an improper filling and subject the urn and flowers to immediate removal. XVIII. Installation of Flower Urns and Vases 1. As noted in Section XVI of these rules, flower urns for growing plants are permitted only with the consent of the Commission in areas designated by the Commission. 2. All flower urns or cut flower vases must be installed at the Cemetery, Monday through Friday (holidays excepted), from 8:00 A.M. to 4:30 P. M. The name of the lot owner, date of delivery, lot and block numbers must be known to make such installations. 3. All flower urns or permanent cut flower vases must have a concrete foundation beneath them and extend six inches beyond the vase edge to accommodate grass mowing. 4. A service and inspection fee based upon actual labor costs reasonably related to management cost of performing inspection will be charged when the vase or urn is to be installed by a lot owner or independent contractor. All fees are required to be paid before any installation can be performed.


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5. The placing and installation of all urns or vases shall be in the place and position determined by the Commission. Cut flower vases and corresponding foundation must be placed no nearer than six (6) inches of the lot line. 6. No cut flower vases will be allowed prior to the time of burial, unless a pre-need marker or monument has been installed. 7. No lettering, engraving, painting, cleaning or other work may be done on any flower urn or cut flower vase without the written consent of the lot owner and approval of the Commission. When deemed necessary however, and in accordance with these rules, the Commission may order work to be performed by its own volition. 8. The Commission reserves the exclusive right to reject, move or repair all flower urns or cut flower vases which do not conform to the rules of the Cemetery or which, in its judgment, are determined to be of inferior quality, design, material, workmanship or are inappropriate, unsightly, dilapidated or a menace to visitors or employees. Any repair or removal expense, unless otherwise provided, will be the responsibility of the lot owner. 9. The Commission will, at its own expense, without any liability, correct any error made by it in determining the location of any flower urn or cut flower vase. XVIV. Memorial Marker Regulations and Specifications 1. A Marker Company, employed by the Lot Owner to manufacture and deliver a marker to be placed on said lot, shall make arrangements with the City to ensure the marker meets City regulations and specifications. The City shall perform the installation of the marker at a prescribed fee. All work to construct, install, letter, clean, repair or to do any other work pertaining to memorials within the grounds of the Cemetery is subject to the control and supervision of the Commission. 2. All deliveries and such work shall be done and completed only during the normal working days of Monday through Friday, between the hours of 8:00 AM and 4:30 PM. 3. No work will be permitted on legal holidays, Saturdays, Sundays or before or after normal working hours, unless special permission has been secured from the City.

4. Only one marker shall be placed at each occupied burial space. One marker may be placed for two or more occupied spaces such as in a family lot and shall be inscribed with the name and dates of each occupant. 5. Grave markers shall be constructed of first grade sound granite or bronze. No artificial or other materials are permitted. All granite markers must have square sawed bottoms and be fabricated from sawed stone blocks. Bronze markers must be a minimum of 3/16” in thickness and cast of virgin metals and comply with the U.S. Bureau of Standards for Bronze. Four anchor bolts at least 5/16 inch in diameter, with two inches of length exposed, must be set on the reverse side of the marker, one in each quarter. Such anchor bolts may be either "L" or "T" shaped. They may be cast with the marker or attached by machine thread in a cast lug, which shall be at least ½ inch.


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6. The Commission reserves the right to determine the type, style and material for markers placed in all sections of the Cemetery. A lot owner or vendor shall consult with the City before orders are placed in order to comply with the rules governing the type of marker permitted in certain areas. 7. All markers must be of the flat or surface type, set even or flush with the surface of the ground. No marker will be permitted to be set above the surface of the ground. 8. All markers must be installed inside the areas designated for markers in “Grave and Marker Location Guide”, on the designated walkway side of the lot and grave and in a location approved by the Commission. Height and position options are shown in “MARKER INSTALLATION GUIDELINES”. All inscriptions shall read from the said walkway side of the lot. 9. The size of all individual markers must be no larger than 1'0" x 2'0", the size of all family markers must be no larger than 1’0” x 4’0”. All markers shall be installed on a 3” deep concrete base with a 3” border surrounding same. 10. The U.S. Government furnishes markers for armed service veterans. The Commission will allow 1'0” x 2'0” markers set on 3” concrete base with 3” border surrounding same. Upright markers or marble markers are not permitted. 11. No surface type markers in which a non-inverting flower vase is an integral part of the marker or any temporary markers will be permitted. 12. The top surface of all markers must be smooth finished. The ends and side of granite markers may be rock-pitched or rustic. All outside top edges must be lined or slightly beveled to prevent chipping. Pencil rounded edges are acceptable. 13. All incised lettering and engraving must be at least 3/16" in depth. 14. The coloring, painting, enameling, lacquering or bronzing of letters or other parts of stones or bronze work is prohibited, except as provided in these Rules and Regulations or by special written permission of the Commission. Concrete bases may be exposed aggregate or finished natural concrete, shades of gray, integrally applied in the concrete mix, complementing the marker colors are allowed. Surface applications are not allowed. 15. No photograph or reproduction of a photograph, or any drawing or reproduction of a drawing may be affixed to any marker. 16. The foundations and setting of all markers shall be in the place and position determined by the Commission. 17. A service and inspection fee based upon actual labor costs reasonably related to City’s cost of performing a service and inspection may be charged a lot owner or Independent Contractor before a marker installation is performed.


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18. The Commission reserves the right to reject all markers and memorials which do not conform to these rules. Markers of inferior quality, design, material or workmanship will be rejected.

19. The Commission reserves the right to remove or repair any marker or memorial of any type, prior and/or subsequent to installation, which marker or memorial in the Commission’s judgment, proves to be faulty or of inferior quality, design, material or workmanship or which is inappropriate, unsightly, dilapidated or a menace to visitors or employees. Any repair or removal expense, unless otherwise provided, will be the responsibility of the lot owner.

20. No marker or memorial, or any portion thereof, may be removed from the lot or Cemetery except by written consent of the lot owner and with the approval of the City, or unless a marker or memorial is ordered removed by the City in accordance with these rules. Permission from the U.S. Government is needed to remove Armed Service Veteran’s memorials.

21. Any form of soliciting of lot owners or other persons on Cemetery property by any person not an employee of the City is prohibited. Advertising of any nature, except by the City is prohibited in any part of the Cemetery.

22. Dealers or manufacturer’s cards or advertising shall not be cut, marked or attached on or to any marker or memorial within the Cemetery. This rule does not include copyright notices, but such notices must be small and must be engraved inconspicuously on the marker or memorial.

23. The Commission will, at its own expense, without any liability attaching to its actions, correct any error made by any of its employees in determining the location of the foundation for any marker. XX. Benches / Memorial Benches 1. Benches will be constructed of first grade sound granite. No artificial or other materials are permitted. Benches will be 19” in height, 14.5” in width and 48” in length. Benches will be set on a concrete or granite pad 64” x 24”. 2. The bench supplier, employed by the bench donor to manufacture and deliver a bench to be placed, shall make arrangements with the City to ensure the bench meets City regulations and specifications. The City shall perform the installation of the bench at a prescribed fee. Any other work pertaining to benches within the grounds of the Cemetery is subject to the control and supervision of the Commission. 3. All deliveries and such work shall be done and completed only during the normal working days of Monday through Friday, between the hours of 8:00 AM and 4:30 PM. 4. No work will be permitted on legal holidays, Saturdays, Sundays or before or after normal working hours, unless special permission has been secured from the City.


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5. The Commission reserves the right to determine the type, style and material for benches placed in all sections of the Cemetery. A bench donor shall consult the City before orders are placed in order to comply with the rules governing the type of bench permitted in certain areas. 6. The top surface of all benches must be smooth finished. The ends and side of granite benches may be rock-pitched or rustic. All outside top edges must be lined or slightly beveled to prevent chipping. Pencil rounded edges are acceptable. 7. All lettering shall be carefully spaced and accurately set in line, both vertically and horizontally, and must be uniform in width and height. All incised lettering and engraving must be at least 3/16" in depth and a maximum of 1 3/4” in height. 8. The coloring, painting, enameling, lacquering or bronzing of letters or other parts of stones or bronze work is prohibited, except by special written permission of the Commission. 9. The foundations and setting of all benches shall be in the place and position determined by the City. 10. The Commission reserves the right to reject all benches which do not conform to these rules. Benches of inferior quality, design, material or workmanship will be rejected.

11. The City reserves the right to remove or repair any bench prior and/or subsequent to installation, which expense in the City’s judgment, proves to be faulty or of inferior quality, design, material or workmanship or which is inappropriate, unsightly, dilapidated or a menace to visitors or employees. Any repair or removal expense, unless otherwise provided, will be the responsibility of the bench donor.

12. No bench may be removed from the Cemetery except by written consent of the Bench Donor and with the approval of the Commission, or unless the bench is ordered removed by the Commission in accordance with these rules.

13. Dealers or manufacturer’s cards or advertising shall not be cut, marked or attached on or to any bench within the Cemetery. This rule does not include copyright notices, but such notices must be small and must be engraved inconspicuously on the bench.

14. The City will, at its own expense, without any liability attaching to its actions, correct any error made by any of its employees in determining the location of the foundation for any bench. XXI. Monuments

1. Memorials which extend above the surface of ground are considered monuments. Provisions for monuments are not included in these rules and regulations, because no monuments are allowed on burial sites in the cemetery.


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XXII. Independent Contractors A lot owner who hires a contractor (“Independent Contractor”) that is employed to perform any work on behalf of the lot owner, is subject to the control of the City, and the following rules must be followed: 1. All such work shall be completed only during the normal working days of Monday thru Friday, between the hours of 8:00 A.M. and 4:30 P.M. No work will be permitted on legal holidays, Saturdays, Sundays or before or after normal working hours unless prior special permission has been secured from the City. 2. A work permit may be required and must be obtained from City Hall each day an Independent Contractor plans to be on the premises installing markers or doing other similar work. Appointments to do so must be made in advance. 3. A work permit, if required, will be issued only after each lot owner or independent contractor has: A. Signed an Agreement of Indemnity to the City’s satisfaction. B. Presented certificates of liability and property damage insurance in force and to the City’s satisfaction. C. Presented a list, in triplicate (when a marker is to be cleaned, lettered or worked on) describing the name on the marker, the size and type of material and the location where the work is to be performed, to the City’s satisfaction. D. Presented the lot owner's written authorization to do the work to be performed. E. Paid whatever Service and Inspection fee charged by the City for work that may be performed. 4. No work will be permitted near or in the vicinity of any burial service in progress or about to take place.

5. All landscaping and planting plans must be approved by the Commission before the work begins. 6. Tarps must be used to catch the excavated or spilled dirt. All excess dirt and sod must be removed from the premises of the cemetery, or placed as required by the City.

7. All concrete foundations must have a ratio of sand to cement of at least three (3) to one (1).

8. All backfill must be tamped, resodded and watered, and all markers must be cleaned off.


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9. The lot owner or contractor must furnish all the equipment, materials and labor necessary for proper cleaning, lettering, landscaping, planting or whatever type of work is to be performed. 10. Motorized vehicles servicing lots must remain in areas designated by the City and any hand-powered equipment must have pneumatic tires. Planking must be used whenever the ground is soft. 11. All of these specific rules apply to any pre-need markers that are installed. Once the burial has been made and the marker is to be reinstalled, the same procedures must be repeated. 12. No variance from the above rules will be permitted, unless after application to and approval by the Commission. Failure to comply with these rules will automatically revoke the work permit to be on the premises working as an owner or Independent Contractor. XXIII Authorization

1. The aforementioned rules are authorized through applicable State Statute and City Ordinance. In that regard, the City acknowledges the legal ability based on the City Attorneys opinion to sell uniform sized Markers. As such the City will continue to engage in discussion to consider implementing additional regulations specific to Marker sales.

Amendments approved as follows;

p. 18, #14 Concrete bases may be exposed aggregate or finished natural concrete, shades of gray, integrally applied in the concrete mix, complementing the marker colors are allowed. Surface applications are not allowed (approved 11/08). p. 11 #3 Cremain vaults are recommended for the protection of cremain containers but are not required (approved 11/16/2011). p. 19 #1 Benches will be set on a concrete or granite pad 64” x 24” (approved 11/16/2011) Amended throughout May 15, 2013.

PELICAN WOODS CEMETERY AND NATURE TRAIL AT BREEZY POINT015800BA-D4A6-4AD6-848… · Cemetery Rules...

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Transcript of PELICAN WOODS CEMETERY AND NATURE TRAIL AT BREEZY POINT015800BA-D4A6-4AD6-848… · Cemetery Rules...