Grant Fairview Cemetery Rules and Regulations
GRANT FAIRVIEW CEMETERY RULES AND REGULATIONS
REVISED JUNE 2018
A. RULES AND REGULATIONS
For the mutual protection of every lot or space purchased these rules and regulations are hereby adopted as the rules and regulations of the Grant Fairview Cemetery (“Cemetery”) and all property owners and visitors within the Cemetery, and all lots or spaces sold, shall be subject to said rules and regulations, and subject, further to such rules and regulations, amendments, or alterations as shall be adopted by the City of Grant from time to time; and the reference to these rules and regulations in the certificate of ownership of lots or spaces shall have the same force and effect as if set forth in full therein.
A. BLOCK, LOT AND SPACE
“Block” refers to a general but specific area in the Cemetery. The Block is broken down into “Lots” that are generally in rows or sections which is accessed by a cemetery road. “Space” refers to the intended area within the Block and Section that is intended to be used or is used for burial of a deceased person or as a memorial for the deceased.
“Memorial” means a monument, marker, table, headstone, tombstone, or crypt nameplate of granite, or other approved material, which shall extend above the surface of the ground, unless otherwise specified.
C. CITY OF GRANT
“City of Grant” or “City” refers to the governing body consisting of the Mayor and City Council and/or the City Superintendent. The authority granted in these rules and regulations may be delegated to the Cemetery groundskeeper or the Cemetery Board as the City sees fit.
D. CEMETERY BOARD
The “Cemetery Board” is a City appointed Board as defined in the City Code who advises the City on issues concerning the Cemetery. The City owns and manages the Cemetery pursuant to the City Code and Nebraska law.
III. GENERAL SUPERVISION OF CEMETERY
The City owns, manages and operates the Cemetery. It has the final determination of all matters related to the Cemetery and reserves the right to refuse the use of any of the Cemetery facilities at any time to any person or persons whom the City may deem objectionable or against the best interests of the Cemetery and its intended use.
A. CEMETERY SUPERVISOR IN CHARGE OF FUNERALS
All funerals at the Cemetery shall be under the control and charge of a person authorized by the City.
B. CASKETS NOT TO BE DISTURBED
Once a casket containing a body or urn with cremains is within the confines of the Cemetery, no person is permitted to open the casket or urn without the written consent of the legal representatives of the deceased, or a court order.
C. STONE OR MARKER PLACEMENT VERIFICATION
Before any person crew sets a stone, marker of their own making, the City must approve said stone or marker to verify the stone or marker and the placement of such meets Cemetery rules, regulations and requirements
IV. INTERMENTS AND DISINTERMENT’S
A. SUBJECT TO LAWS
Besides being subject to these rules and regulations all interments, dis-interments and removals are subject to the laws of the City, County, and State.
No internment of a body is allowed in any space by anyone not having an interest in said space or as stated in these rules and regulations or the laws of the State of Nebraska.
C. INTERMENTS, DISINTERMENT’S AND REMOVALS
No graves will be opened by anyone other than those approved by the City.
One casket or two urns are allowed per space.
Cremains must be buried in a supportable container, which can withstand burial.
F. CEMETERY CHARGES
All charges for opening and closing graves, and for maintenance and services at the Cemetery are set by resolution of the City and available at the City Office. Arrangements for payments should be made with the City Treasurer or Superintendent.
G. HOLIDAY CEMETERY ACTIVITY LIMITATIONS
No Interments, dis-interments, removals, or interment services are permitted on New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Arbor Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas Day and the day after Christmas if Christmas falls on a Friday.
H. AUTHORIZATION OF INTERNMENT BY IMMEDIATE FAMILY
The Interment may proceed for any member of immediate family of a recorded space owner(s) upon their written authorization and upon approval. No other person may be interred without this approval.
I. ERRORS MAY BE CORRECTED
The City reserves the right to correct errors that may be made by it: including interments, or in transfer or conveyance of spaces. The City may substitute and convey in lieu of other spaces of equal value and similar location as is reasonably possible, or by refunding the money paid for the lot at the sole discretion of the City. In the event involves the interment of the remains of any person in the wrong space, the City may remove and/or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed.
V. SPACE / GRAVE OWNERSHIP
A. SPACE OWNERSHIP
Cemetery spaces are purchased at the City Office. A map is kept current identifying the availability of spaces and an attempt is made to keep the ownership of spaces current. The purchase prices as well as the recording fees are provided at the City Office. No person can purchase more than 4 spaces in the Cemetery.
B. TRANSFER OF SPACES
The recording fee plus any handling charges the City imposes by resolution must be paid to the City when a transfer is made.
C. CONDITIONS WHEREBY SPACE BECOMES INALIENABLE
A space transferred by deed or certificate of ownership to an individual owner becomes inalienable when:
1. An interment of the remains of a member of a relative or a member of the family of the recorded owner, or the remains of the recorded owner, is made; and
2. The lot is not held in joint tenancy and the owner dies without making disposition of the lot, or by a written declaration filed and recorded with the City Clerk.
D. JOINT TENANTS
1. Upon the death of a joint tenant, the title to the lot held in joint tenancy immediately vests in the survivor(s), subject to the vested right of the deceased owner to at which time, the surviving joint owner’s interest ceases.
2. An affidavit filed with the City Clerk by any knowledgeable person establishing the death of one joint tenant and the identity of the surviving joint tenants named in the deed authorizes the City to permit the use of the unoccupied portion of the lot in accordance with the directions of the surviving joint tenant.
E. DESCENT OF LOT TO HEIRS
If no interment is made in a space, or if all remains previously interred in a lot are lawfully removed, and there is no current owner of said lot as the result of the death of the owner, the lot shall descend to the heirs at law of the owner according to the law of intestate succession. Any heir or heirs of such deceased owner, may waive his or her hereditary right to interment in the said lot in favor of any other relative of such deceased owner by an executed, notarized and City approved document. If the City cannot determine who the owner is, it has the right to require a court order to determine the person for which the lot is available for internment.
F. CONSENT OF CITY
Cemetery space owners are not allowed interments to be made in their spaces except as stated in these rules and regulation. No transfer or assignment of any lot or interest of said lot, is valid without the written consent of the City and recorded on the books of the Cemetery. In the event the Owner, or Owners, of any unoccupied lots or spaces desire to dispose of the same, the City shall have first option to repurchase the same from the owner or owners at the original purchase price paid for the lot or spaces less the recording fee.
G. ABANDONMENT OF SPACES
The ownership or right in or to an unoccupied Cemetery space or parts of spaces, in the Cemetery shall, upon abandonment revert to the City. The determination of abandonment and procedures associated therewith shall be as provided by State Statutes §12-701 and §12-702 as same may be amended.
H. LOT OWNERS MUST NOTIFY CITY OF ADDRESS CHANGES
It is the duty of space owners to notify the City in writing of any change in address. Notice sent by the United States mail to a lot owner at the last address on file in the office of the City shall be considered sufficient and proper legal notification.
VI. HEADSTONES, FLAT STONES AND VAULT REGULATIONS
A. GENERAL REQUIREMENTS
1. No private mausoleums or columbarium’s may be erected in the Cemetery without prior written approval from the City that approves the location, construction and ground area to be covered.
2. Spaces between memorials must allow for a mower to easily pass or must be filled in with concrete.
3. All memorials must be centered along the west two feet of the lot line.
4. Ornamental, yard, or other display decorations are not allowed to take the place of a memorial in the Cemetery.
5. A hole must be provided in the base or headstone of any memorial that is intended to display flags. Any flag but the American Flag must be approved by the City prior to display.
6. Foundations/bases for memorials or markers must be approved by the City.
7. All cement and dirt must be placed in the spot designated by the City.
8. No forms for headstone bases/foundations are allowed after their usage is complete.
9. Burial vaults are required in the Cemetery which shall be below ground.
10. No concrete ground cover shall be allowed over graves except as stated in number 2 of this section.
B. MONUMENT REQUIREMENTS
1. All Monuments must meet the following requirements (except as defined in No. 2 of this section):
- 1 inch Maximum Wash/Base Height
- 26-inch Maximum Base Depth
- 48-inch Maximum Height
- Width – Must not exceed the confines of the lot
2. All Monuments in Block 3, Lots 1-3, 16-18 and Block 14, Lots 1-3, 16-21 shall not exceed one (1) inch above ground level (so that a mower can be driven over it without damaging the stone) with a base width of 26 inches.
3. All monuments, markers, mausoleums or tombs shall be constructed of natural stone of a quality approved by the City. No artificial stone is permitted. Signs are not allowed at the Cemetery which are not approved and placed by the City.
4. All permanent flower containers must be constructed of concrete, steel, brass or other approved durable materials. All permanent flower containers shall be placed on a concrete pad, level with the existing grade, with six (6) inches of clearance around the container and placed at either or both ends of the base for the grave marker and not in front and rear of the marker. Installation of permanent flower containers must be approved by the City.
C. RIGHT TO REMOVE & REPAIR MONUMENTS OR INSCRIPTIONS & CORRECTION OF ERRORS
1. As allowed by law, the City may remove or repair any monument, curbing, marker or other property placed or located on any burial space in a cemetery, except metal markers provided for war veterans as provided in Nebraska Statute Section 80-107, which has become unsightly, dilapidated or decayed if the owner or owners of record, or their next of kin, shall fail to do so within thirty days after legal notice is given. Metal markers provided for veteran’s graves may be moved onto the grave for permanent placement.”
2. If any monument, memorial, or inscription is determined by the City to be offensive, improper, or injurious to the appearance of the surrounding lots or grounds, it reserves the right to enter such lot and cause the removal of the offensive or improper object or objects. The City also reserves the right to correct an improper inscription, including an incorrect name or date, either on the memorial or on the container for cremated remains.
VII. CEMETERY CARETAKING
All grading, landscape work, improvements, and care of Cemetery lots shall be performed by the City and all openings and closings of graves and all interments, dis-interments and removals shall be made only by the City. Vegetation plantings in the Cemetery is not permitted.
B. CITY DIRECTS AND REMOVES IMPROVEMENTS
All improvements or alterations of property in the Cemetery is under the direction of the City. Any other improvements or alterations may be removed or altered at the expense of the lot owner. Only one above ground marker may be placed upon any single space within any given lot, in areas where upright memorials are allowed, except that two markers may be allowed on one space upon prior City approval.
C. OWNERS CONTACTING CEMETERY BOARD MEMBERS
Space owners are urged to feel free to consult the Cemetery Board regarding matters pertaining to the general beautification, care, and maintenance of lots in the Cemetery.
D. ROADWAY & REPLATTING
The City may replat, regrade, modify, and use cemetery property as it sees fit or necessary. The City has a perpetual right of ingress and egress over spaces for passage to and from Cemetery spaces not previously transferred.
VIII. GENERAL REGULATIONS AND RULES
A. The Cemetery and City are open from 7 a.m. to 4 p.m. Monday thru Friday and closed on all state holidays.
B. Cemetery roads, drives, alleys or walkways may be used by lot owners and persons to access the Cemetery for its proper usage. The maximum speed limit within the Cemetery is fifteen (15) miles per hour. Vehicles are not allowed to block the roadways unless directed to park for attendance at a funeral.
C. Loud talking or noise making is not permitted at the Cemetery
D. Firearms are not permitted within the Cemetery grounds except for military services.
E. Loitering is not permitted at the Cemetery.
F. Littering, gun shells, weapons, golf balls or any other objects that could become projectiles during mowing or which are not reasonably or normally used in a Cemetery are prohibited.
G. No marker may be raised or moved without approval of the City.
H. Foot markers are not allowed in the Cemetery.
I. No burial or memorial is permitted for animals or pets at the Cemetery.
J. All persons are prohibited from taking flowers, either natural or artificial, plants or ornaments from grave spaces without special permission from the space owner or the City.
K. Flowers and floral decorations are allowed on Easter, Mother’s Day, Father’s Day, Memorial Day and on new interments. Flowers and floral decorations will be left for a maximum of seven (7) days. Christmas Decorations must be removed by March 1 of each year.
L. Animals and pets are not permitted at the Cemetery.
M. Spreading of cremains is prohibited in the Cemetery.
IX. PROTECTION AGAINST LOSS
A. WHEN CEMETERY IS NOT RESPONSIBLE
The City will take reasonable precaution to protect the lot owners and their rights from loss or damage; but it is not responsible nor is it liable for loss or damage: from causes beyond its reasonable control, including damage caused by the elements, acts of God, common enemies, thieves, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, Damage to lots, walks, drives, trees, shrubs, or other property in the Cemetery shall be repaired by the City and cost of such repairs shall be charged to the party who caused the damage.
B. PERSONS PERMITTED ON CEMETERY SPACE; DUTY OF TRESPASSERS
Only the lot owner and his or her relatives shall be permitted on any Cemetery space. Any other person thereon shall be considered a trespasser, and the City shall owe no duty to the trespasser to keep the property, or the memorial thereon, in a reasonable safe condition.
The Cemetery grounds are sacredly devoted to the burial of the dead, and the penalties of the law will be strictly enforced in all cases of wanton injury, or disturbance and disregard of these rules and regulations.
X. ENFORCEMENT AND AMENDMENTS
Through the advisement of the Cemetery Board, the City shall enforce these rules and regulation through criminal and/or civil law as allowed by Nebraska law and the Grant City Code. If the City pursues a civil action it may assess the fees for a civil action against the party responsible for violating the Rules and Regulations.
The Council may at any time adopt new rules and regulations, or amend, alter and/or repeal any rule, regulation, and/or article, section, paragraph and/or sentence in these rules and regulations.
BABYLAND is an area of the city cemetery that the City and donors donated for the specific use for the internment of children who have died at age 15 and younger. Baby land is currently located in Spaces 1-7 of Blocks 20, Lot 7, 8, and 9. The City may expand the number of spaces dedicated to Babyland and reserves the right after 25 years to decrease by no more than 5 spaces. Costs for burial at Baby land are available at the City Office.
B. SPECIAL DESIGNATED SPACES
Lot 7, Space 4 is dedicated to a marker identifying Babyland and deceased Children who identify with Grant or Perkins County. Lot 9, Space 4 is dedicated to a Babyland sitting bench for reflection of the children in Babyland.
C. AUTHORITY TO USE BABYLAND SPACE
The City provides permission and access to these spaces at request when it determines the deceased child has a direct connection to the City of Grant or Perkins County and was stillborn or died at age 15 or younger.
D. BURIAL REQUIREMENTS SPECIFIC TO BABYLAND
Burials in Babyland are limited to the same size burial as a cremation in the rest of the Cemetery. If more space is needed, written approval must be obtained prior to the burial from the City.
E. BABYLAND MEMORIAL STONE
A memorial stone at Babyland is available for the inscription of the names of children upon City approval for 15 or younger deceased children who have a connection with the City or Perkins County.
F. GENERAL RULES
Other rules and regulations of the Cemetery that are not specifically modified by this section apply to Babyland.