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HomeMy WebLinkAbout020 - 03/05/1996 - ADOPTING UPDATED RULES AND REGULATIONS GOVERNING GRANDVIEW AND ROSELAWN CEMETERIES ORDINANCE NO. 20, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING UPDATED RULES AND REGULATIONS GOVERNING GRANDVIEW AND ROSELAWN CEMETERIES WHEREAS, the City operates two cemeteries, Grandview Cemetery and Roselawn Cemetery (the "Cemeteries"), as part of its Cultural, Library, and Recreational Services ("CLRS"); and WHEREAS, rules and regulations for the operation of the Cemeteries were adopted by the Council in 1984, and were most recently revised in 1988; and WHEREAS, the addition of new mausoleum and columbarium services at the Cemeteries has required the addition of rules related thereto; and WHEREAS, CLRS staff have reviewed and updated the previously adopted rules and regulations, in order to clarify and correct them, and to add new rules relating to the mausoleum and columbarium services; and WHEREAS,Section 23-156 of the City Code calls for the Council to adopt rules and regulations to govern the operation and maintenance of the Cemeteries, and states that the knowing violation of any such rules and regulations shall be unlawful. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Rules and Regulations Governing Grandview and Roselawn Cemeteries, attached hereto and incorporated herein by this reference be, and hereby are, adopted. Introduced, considered favorably on first reading, and ordered published this 20th day of February, A.D. 1996, and to be presented for final passage on t d of March, A. 6. Mayor � ATTEST: City Clerk Passed and adopted on final reading this 5th day of M A.D. 199 . Mayor ATTEST: p City Clerk CITY COUNCIL Ann Azari , Mayor Gina Janett, Mayor Pro Tem Alan Apt Chris Kneeland Bob McCloskey Will P. Smith Charles Wanner STAFF John Fishbach, City Manager Diane Jones, Deputy City Manager Michael W. Powers, Director of Cultural , Library and Recreational Services Marty Heffernan, Assistant to the Director Cultural , Library and Recreational Services Virgil Taylor, Manager of Parks Rick Bott, Park Supervisor Philip Carpenter, Cemetery Supervisor Carrie Mineart, Assistant City Attorney THE HISTORY OF FORT COLLINS CEMETERIES Researched and Written by Patricia Windmuller POST CEMETERY The need for a burial site in Fort Collins arose in 1864 during the establishment of the Fort Collins Military Post by Lt. Col . William 0. Collins. The burial ground was located in high ground about a half mile southwest of the post (present day location of the Old Post Office at Oak Street and College Avenue). During the military occupation of Fort Collins through 1867, less than a dozen soldiers appear to have ended their days. According to Ansel Watrous in the History of Larimer County which was published in 1911, six to ten unidentified remains were found. One burial did contain a small bottle with a note written about the deceased. The remains were those of W.W. Westfall of Company J, 13th Missouri Volunteer Calvary who died on November 3, 1865. MOUNTAIN HOME CEMETERY The Post Cemetery was abandoned in 1873 and during that year, ground (presently the area around Eastdale Drive) southeast of town was purchased and laid out with burial lots. The new cemetery was named Mountain Home. Westfall 's remains, those of the other unknown soldiers, and some burials of early settlers were moved to the new site. As the population grew rapidly in the mid-1800's it was decided to move the cemetery again in order to keep it in a rural setting. GRANDVIEW CEMETERY Land one and one-half miles west of the city was purchased in 1887 from Thomas Connolly for $50.00 per acre. Grandview Cemetery (originally written as Grand View) was located in an area having abundant water rights from Pleasant Valley and Lake Canals. A 40-acre tract was immediately laid out by the landscape gardeners for cemetery purposes. The first interment was a three month old baby named Felix Scoville who was buried on November 21, 1887, and was placed in an unmarked grave in Section K. Shortly after this interment, work began to remove the remains from Mountain Home Cemetery to Grandview. According to the Fort Collins Express, "Joe Woodcock acted as grave digger and sexton." No record remains of the number of burials that were transferred, however, it has been estimated that the removal work took a great deal of time. W.W. Westfall was among the remains moved for the second time. His grave now lies on the front edge of the Soldier's Section which has been marked by a simple headstone. The grounds at Grandview were originally laid out in attractive circular drives. Included were several small parks boasting lush bluegrass, well-trimmed shrubs, and beautiful flowers. A one-half acre plat (Section S) was set aside and dedicated to the uses of George H. Thomas/Post No.7/Grand Army of the Republic, which also included the remains of soldiers buried at the Post Cemetery. Since 1887, many members of Post No. 7 as well as veterans of the Spanish- American War, both World Wars, and the Korean War have been laid to rest in this area. Standing in the center of this section is a life-size figure of a Union Civil War soldier at parade rest. Including a six-foot base, the 12-foot Soldier's Monument stands facing east as a tribute of patriotism from members of the Women's Relief Corp. of the George H. Thomas Post No. 7. The granite memorial was erected in 1905 at a cost of about $1,250.00. The Soldier's Monument was "protected" by four towering silver spruce trees for many years until one had to be removed due to damage in a windstorm. The Grand Army of the Republic Post donated two Civil War cannons, both dated in the 1860's for placement in front of the memorial . One of the cannons was destroyed by vandals in 1972. The other was donated to the Fort Collins Museum in 1986. Across the road to the east is a Fireman's Statue which was dedicated to the Volunteer Fire Department in 1909. Grandview remained outside the city limits for many years. Only in 1907 did citizens object to its location when a proposed purchase of land on the south side of West Mountain Avenue was set for use as a City park. Their concern was to buffer the cemetery from areas with recreational uses. Hence a row of streets was removed from the original park proposal . The severe influenza epidemic of 1918 reduced the number of available lots, so additional lots were opened in the Grandview Addition, a 10-acre section south of the original cemetery which had opened in 1915. In 1924, a concrete bridge was placed over the canal at Grandview. Rustic sidewalls and flower receptacles were installed on the bridge to give the cemetery entrance a pleasing look which still remains. In addition, countless trees and shrubs have been planted over the years, making Grandview one of the most beautiful cemeteries in the area. Today, Grandview consists of approximately 45 developed acres, 34,000 grave spaces, and nearly 20,000 burials. HISTORY OF ROSELAWN Roselawn, located on East Mulberry, was established by a private association in 1947 to accommodate additional burial space and provide a garden-type cemetery. The City of Fort Collins took over the operation of Roselawn in 1959. To alleviate a high water table in the area, the facility was equipped with an underground tile drain system and has not experienced high water levels in over 30 years. Roselawn provides nearly 30 acres of beautiful trees and shrubs, manicured lawns and a magnificent view of the foothills. Over 1,500 burials have been performed at the cemetery and many improvements have been made to enhance the landscape and entrance to the facility. . Both Grandview and Roselawn are operated by the City of Fort Collins Parks and Recreation Department. For further information, call the Cemetery Division at 221-6810. FAMOUS PEOPLE BURIED AT GRANDVIEW CEMETERY -- Frank Potts (Worked for Lady Moon, said to be involved in a train robbery.) -- James Howe (Only person ever lynched in Fort Collins.) -- Susan Howe Holmes (Grave marked by DAR, daughter of Fortunatus Howe, an American patriot who fought in the Revolutionary War.) -- Auntie Elizabeth Stone (First white woman settler of Fort Collins.) -- Elizabeth Stratton (Fort Collins' first school teacher.) -- Mr. & Mrs. Benjamin Whedbee (He was Fort Collins' first mayor; Whedbee Street.) -- Mr. & Mrs. Franklin Avery (Avery House) -- Mr. & Mrs. Andrew Cowan (Cowan Street) -- Mr. & Mrs. William Drake (Drake Street) -- Agnes Giddings (First white child born in Fort Collins.) -- Mr. & Mrs. Frank Goeder (He engineered Fort Collins' first paving.) -- Alfred Howes (Howes Street) -- John C. Mathews (Mathews Street) -- Mr. & Mrs. Abner Loomis (Loomis Street) -- Dr. & Mrs. Charles Lory (C.S.U. President for 31 years.) -- Joseph Mason (First white settler of Fort Collins area; Mason Street.) -- Mr. & Mrs. Joseph McClelland (He edited Fort Collins' first newspaper; McClelland Drive.) -- Mr. & Mrs. Frederick Sherwood (Sherwood Street) -- Mr. & Mrs. William Stover (Stover Street) -- Mr. & Mrs. Walter Taft (Taft Hill Road) -- Peterson Anderson (Andersonville) -- Clifford Carpenter (Fire chief killed while fighting a fire at State Drygoods in 1965.) -- Lee Martinez (Martinez Park) -- Rolland Moore (Rolland Moore Park) -- Guy Palmes (First City Manager) -- Henderson Calvin Howard (Congressional Medal of Honor -- Civil War) -- Tom Horn, the hired killer, has been rumored to be buried at Grandview Cemetery. However, after he was hanged, he was buried in Boulder, Colorado. -- Lt. Col . William 0. Collins returned to his home in Hillsboro, Ohio. He died and was buried there. GRANDVIEW CEMETERY FOREST Grandview Cemetery, 1900 West Mountain AVenue, is the most heavily-wooded public park in Fort Collins with more than 600 trees planted on 45 acres. This computes to an average of nearly 14 trees per acre. Trees in the Grandview Forest consist of two major age classes. Original plantings were primarily maple, spruce, and elm and date back 60 to 90 years. A new generation of replacement and infill trees has been added in the last 15 years. The younger trees are predominately ash, honeylocust and spruce. To perpetuate this forested environment, new and replacement trees are planted on an annual basis. Of special significance are three towering blue spruce in the soldier's section of the cemetery. These magnificent trees are beautiful examples of Colorado's state tree. In 1905, four of these blue spruce were planted at each corner of the soldier's monument. However, in later years, one of these trees had to be removed after it was damaged in a wind storm. A state champion Ohio buckeye has recently been recognized in Grandview by the State Forest Service, which keeps records of the largest speciments of each tree species. The buckeye is located along Grandview Drive, 75 yards north of the cemetery office. This species is typically a smaller tree, but this one has grown to a 23-inch trunk diameter. Other notable trees include the larger sugar maple and mugho pine at the entrance of the cemetery as well as the many groves of Douglas Fir throughout the grounds. Dutch Elm Disease has had a major impact on the Grandview Forest in the past. More than 50 American elm trees have been lost since 1969 to the disease. Early detection of Dutch elm disease through diagnostic lab analysis and routine pruning of diseased limbs has greatly reduced recent losses. Presently, 168 American elm stand in the cemetery. All of the trees at Grandview enhance the beauty of this cemetery. The forest provides a natural windbreak and plenty of cooling shade for visitors. If you have more questions about the trees at Grandview Cemetery, call the Cemetery Division at 221-6810 or the Forestry Division at 221-6302. TABLE OF CONTENTS Page No. 1.0 Introduction 1 2.0 Definitions 2 3.0 Ownership and Management 3.1 Owned by the City 4 3.2 Control by City Council 4 3.3 Managed by the Cemetery Supervisor 4 3.4 Cemetery Supervisor to Enforce Rules 4 3.5 Admission to Cemeteries 4 3.6 Business Office 4 3.7 City Not Responsible for Damage 5 3.8 Liability for Damage 5 3.9 City Shall Not Discriminate 5 4.0 Control of Work by City 4.1 Work to be Done by City 6 4.2 City Must Direct and May Remove Improvements 6 5.0 Roadways and Replatting 5.1 Right to Replat, Regrade and Use Property 7 5.2 No Right Granted in Roadways 7 5.3 Right to Close Roadways 7 6.0 Conduct Within the Cemeteries 6.1 Traversing Cemetery Property 8 6.2 Trespassers on Cemetery Lots 8 6.3 Children 8 6.4 Removal of Flowers, etc. Forbidden 8 6.5 Refreshments 8 6.6 Lounging on Grounds 8 6.7 Loud Talking 8 6.8 Visitors 8 6.9 Rubbish 9 6.10 Automobiles 9 6.11 Trucks and Heavy Hauling 9 6.12 Bicycles and Motorcycles 9 6.13 Peddling or Soliciting 9 6.14 Firearms 9 6.15 Notices or Advertisements 9 6.16 Dogs, Horses and Other Animals 9 6.17 Hours 9 6.18 Improprieties 10 6.19 Employees and Workers 10 7.0 Service Charges 7.1 Payment of Service Charges 11 7.2 Charges for Indigents 11 8.0 Purchase of the Right of Interment; Abandonment 8.1 Applications for Purchase 12 8.2 Agreement Conveys Only the Right of Interment 12 8.3 Errors May be Corrected 12 8.4 Single Burial Spaces 12 8.5 Double Depth Burial Spaces 12 8.6 Additional Cremated Remains on Existing Burial Spaces 12 8.7 Payment 12 8.8 Installment Purchases 13 8.9 Change of Address 13 8.10 Abandon Burial Spaces 13 9.0 Transfers and Assignments 9.1 Consent of City 14 9.2 Indebtedness 14 9.3 Transfer by Descent 14 9.4 Contract Sale by the City 14 10.0 Perpetual Care 10.1 Perpetual Care Mandatory 15 10.2 Perpetual Care Fee 15 10.3 Lots Not Now Under Perpetual Care 15 10.4 Care of Lots Not Now Under Perpetual Care 15 10.5 Record of Payment of Fee 15 10.6 Investment of Fees 15 10.7 Expenditure Limited to Income 15 10.8 City Council to Direct Expenditures 15 11.0 Interments 11.1 Subject to Laws and Orders 17 11.2 Disposition - Removal Permit Required 17 11.3 Interment Permit Required 17 11.4 Manner and Charges 17 11.5 Time and Scheduling 17 11.6 Notice of Interment Required 18 11.7 Burial Receptacle Requirements 18 11.8 Community Garden Crypt Mausoleum 20 11.9 Columbarium Niches 21 11.10 Casket Not to be Disturbed 22 11.11 Emergency Interments 22 11.12 Interments Involving Virulent Contagious Diseases 22 11.13 Disasters 22 11.14 Delays in Interments Caused by Protest 22 11.15 Authorization of One Lot Owner Sufficient 22 11.16 Location of Burial Space 23 11.17 City Not Responsible 23 11.18 Errors May be Corrected 23 11.19 Embalming; Identity 23 11.20 Interment of More Than One Body 23 11.21 Double Depth Burials 24 11.22 Equipment 24 11.23 Interment of Cremated Remains 24 12.0 Disinterments 12.1 Subject to Laws and Orders 25 12.2 Permission for Disinterments 25 12.3 Disinterment Prohibited Under Certain Circumstances 25 12.4 Notice of Disinterment Required 25 12.5 Payment of Fees 25 12.6 Services Provided 25 12.7 City Not Responsible 25 13.0 Decoration of Lots and Burial Spaces 13.1 Grandview Cemetery 26 13.2 Roselawn Cemetery 26 14.0 Memorials, Monuments, Etc. 14.1 Producers and Retail Dealers 28 14.2 Grandview Cemetery 29 14.3 Roselawn Cemetery 31 14.4 Design, Finish and Workmanship 32 14.5 Materials 32 14.6 Mausoleums, Tombs, Etc. 33 14.7 Foundations and Delivery of Memorials, Etc. 33 14.8 Miscellaneous 34 15.0 Amendments, Exceptions and Modifications 15.1 Amendments 35 15.2 Exceptions and Modifications 35 1.0 INTRODUCTION These Rules and RRegulations are adopted as the RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL.. MUNICIPAL CEMETERIES and are for the mutual protection o a owners and the City of Fort Collins, and to a Cemeteries RM a uniform and permanent beauty. All burial spaee owners, visitors Cemeter em loyees, persons working directl or indirec l or bawl}—spaee owners and all Via} spaces sold s a e su ec to these Rules and Regulations, an su jec urther to such other rules and regulations, amendments or alterations as shall be adopted by the City of Fort Collins from time to time. The Reference to these Rules and Regulations in the sales transaction form or any other document shall have the same force an a ect as if set forth in full therein. Requests or complaints should be directed to the Cemetery office which is located at the entrance of Grandview Cemetery at the west end of Mountain Avenue. All re nests and complaints will be woo The City of Fort Collins cordially welcomes the public to the lemete es W and reminds all visitors that damaging Cemetery property is punis a e y '1 aw. 2.0 DEFINITIONS Burial Receptacle - container designed to enclose a casket for burial purposes. Burial S ace - a single space within a platted lot designed for the interment of ene I human body. Cemeter - a burial park for earth burial , and crypt entombment, MMM owned by the City of Fort Collins, Colorado, including: a 1 and dedicated, reserved or used for interment purposes; b) all vegetation therein• c) all graves, crypts or other interment spaces therein; d) all works of art t erein; e) all roads, walkways and other structures of every kind therein; f) all equipment and facilities incident to the operation of Cemeteries; City - the City of Fort Collins, Colorado. City Council - the Council of the City of Fort Collins, Colorado. ..__:—. % ;. b _ eremateQ remains a -a human body KIMM Disinterment - the removal of the iced remains of a deceased person, the casket, if any, and the buria recep acle from the ground. Double Depth Burial Space - a single space within a platted lot designed for the interment of two (2) bodies in separate burial receptacles, one above the other. " n i: : :. ° a Interment - the Lot - a platted lot within a Cemetery consisting of one or more burial spaces. Memorial - ,:, Monolith - a one-piece memorial of a particular design; usually a stone of narrow width and depth. Monument - same as memorial . :.:... "> Perpetual Care - the general maintenance of lots and burial spaces, as well as the ground, walks, roadways, boundaries and structures -• to the end that said areas shall remain and be reasonab y care orVas Cemetery grounds forever; including but not limited to cutting and watering the grass upon the same at reasonable intervals, raking and cleaning the same, the general care and pruning of trees and shrubs that may be placed on the same by the City, and filling in sunken burial spaces. Such care is, of course, subject to weather conditions and other factors beyond the control of the City. The term "perpetual care" shall in no way be construed as meaning the maintenance, repair or replacement of any memorial , monument or monolith placed or erected on lots or burial spaces; nor the planting of flowers or ornamental plants; nor the maintenance or doing of any special or unusual work; nor the repair or reconstruction of any marble, granite, bronze or concrete work on any section, lot or any portion or portions thereof damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, insurrections, riots, or by order of any military or civil authority, invasions or causes beyond the reasonable control of the City, whether the damage be direct or collateral . C(('C h. y�'CiO' tltt:" �y� . ��CnVow.�D2D'Cn? w.e"'b'ia�m':YA. k?.C"„XCX"6O'na,Y,R:d.. Rc?L''C•,..TS 3.0 OWNERSHIP AND MANAGEMENT 3.1 OWNED BY THE CITY Grandview and Roselawn Cemeteries are owned and managed by the City of Fort Collins. 3.2 CONTROL BY CITY COUNCIL The City Council has the right of general control of the Cemeteries in all matters, whether or not they are specifically covered by these Rules and Regulations. 3.3 MANAGED BY THE CEMETERY SUPERINTENDENT The operation of the Cemeteries shall be under the direction of the Parks and and shall be^handled by a eme ery, w o n rn shall be responsible to the City 'anager or direct and complete supervision of the eme eries in a ma ers. 3.4 CEMETERY SUPERINTENDENT 0 TO ENFORCE RULES The Cemetery Superintendent is hereby expressly empowered to enforce these Rules and Regulations, an o exclude from the Cemeteries any person violating the same. If any funeral director or other individual involved in the funeral or Cemetery business is found by the Cemetery Superintend41t I. to have violated these Rules and Regulations, such individual may be exc u e from the Cemeteries, effective upon mailing of notice of the same Such individual shall only be readmitte b the Cemetery ieu upon proof that the violation has been cured or other appropriate assurances are received. The C'eme ery shall have complete charge of the Cemeteries' grounds and buildings, an , at a times shall have supervision of all persons within the Cemeteries, including RIVI 'fii 1 the conduct of funeral rocessions (upon reaching a Cemetery , traffic, emp oyees, }at . : :: owners and visitors. 3.5 ADMISSIONS TO CEMETERIES Entrance into the Cemeteries other than through the main entrance is strictly forbidden. The City reserves the right to refuse admission to the Cemeteries and to refuse the use of any of the Cemeteries' facilities to any person or persons 3.6 BUSINESS OFFICE All fees, payments or charges for any Cemetery property or service shall be paid to the City at the Cemetery office. MllalpNplflalons for purchase, transfer, assignment or reperehase of Gemetery bets interment and disinterment orders, foundation and monument permits, perpetual care or special permits of any kind shall be made at the Cemetery office. 3.7 CITY NOT RESPONSIBLE FOR DAMAGE The City shall take reasonable precautions to protect owners and lots from loss or damage. However, the Ci y isc aims any responsibility for loss or damage from causes beyond its reasonable control , including but not limited to 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 is direct or collateral . 3.8 LIABILITY FOR DAMAGE Any person damaging, or causing to be damaged, any Cemetery property, whether owned by the City or an individual , will be held liable to repair said damaged property or to replace the property damaged to its former state,. without delay, and in a manner satisfactory to the Cemetery Superintendent 4. 3.9 APPEAL OF DECISION OF CEMETERY SUPERINTENDENT to appeal sueh dee4sion to the City Manager. 3-.48 ffl CITY SHALL NOT DISCRIMINATE All decisions made by the City and its employees in connection with the operation of the Cemeteries shall be made without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap or age. 4.0 CONTROL OF WORK BY CITY 4.1 WORK TO BE DONE BY CITY Except as otherwise provided herein, all grading, landscape work and improvements of any kind, and all care of lots shall be done, and all trees, shrubs and herbage of any kind shall be planted, trimmed, cut or removed and all opening or closing of graves and all interments, disinterments or removals shall be made by the City. 4.2 CITY MUST DIRECT AND MAY REMOVE IMPROVEMENTS All improvements or alterations of property in the Cemeteries shall be under the direction of and subject to the consent, satisfaction and approval of the Cemeter Superintendent �S . and should such changes be made without his : written consent, or, in le event that at any time, in his judgement, they ecome unsightly to the eye, he shall have the right to remove, alter or chan a such im rovements or alterations at the expense of the 1e -ew-baw#a� spaee owner. 5.0 ROADWAYS AND REPLATTING 5.1 RIGHT TO REPLAT, REGRADE AND USE PROPERTY The right to enlarge, reduce, replat and/or change the boundaries or grading of the Cemeteries or of a section or sections, from time to time, including the right to modify and/or change the locations of or remove or regrade roads, drives and/or walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain and operate or alter or change pipelines and/or gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved; as well as 4-9the right to use Cemetery property, not sold to ` En o for Cemetery purposes, including the interring and preparing or in ermef human bodies, or for anything necessary, incidental or convenient thereto. The City reserves for itself, and to those lawfully entitled thereto, a perpetual right to ingress and egress over lots for the purpose of passage to and from other lots. 5.2 NO RIGHT GRANTED IN ROADWAYS No easement or right of interment is granted to any lot or burial """' owner in any road, drive or walk within the Cemeteries, M— of the Gemetery Superintendent, but such roads, drives or walks ma be rr used as a means of access to or within the Cemeteries M 5.3 RIGHT TO CLOSE ROADWAYS The Cemetery „art t..,p .;.: < .q,, shall have the right, at any time, to �@ 9 close any road, drive or walk • 6.0 CONDUCT WITHIN THE CEMETERIES 6.1 TRAVERSING CEMETERY PROPERTY Persons within the Cemeteries shall use only the roads, drives or walks as thoroughfares and no person shall walk on the grass unless it is necessary to do so to reach a particular lot, except that a wer kmaR n may use such space as is necessary to perform maintenance or other services connection with a lot. Any person using any portion of a Cemetery other than the roads, drives or walks as a thoroughfare is hereby declared to be a trespasser and the City shall in no way be held liable for any injury sustained by such trespassers. 6.2 TRESPASSERS ON CEMETERY LOTS Onl the owner or his. relatives ii or o her au horized indivi ua s shall be perm a on any It eme ery o ny o er person thereon shall be considered to be a trespasser, and the City shall owe no duties to said trespasser to keep the property or the memorial thereon in a safe condition. 6.3 CHILDREN Children under fifteen years of age shall not be ermitted within the Cemetery grounds or their buildings unless accompanied � by an adult. 6.4 REMOVA6 O; F60WERS, ETG. FORBIDDEN All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubs or plants, or feeding or disturbing fish or birds or other animal life within the Cemeteries. 6.5 REFRESHMENTS No person shall be permitted to have refreshments within the Cemetery grounds, except that City employees may eat the;; luneh on the Cemetery grounds in connection with their regular employment. 6.6 LOUNGING ON GROUNDS No person shall be permitted to sit or lounge on any of the grounds, graves or monuments within the Cemeteries, or in any of the Cemetery buildin s exce t in connection with a visit to a particular burial space or lot 6.7 LOUD TALKING Loud talking shall not be permitted on the Cemeter rounds. 6.8 VISITORS Visitors are welcome on the Cemetery grounds during t-he regular MIM hours. 6.9 RUBBISH Throwing rubbish on any part of the grounds or buildings, except into designated receptacles is prohibited. 6.10 AUTOMOBILES Automobiles shall not be driven through IN the Cemeteries at a speed greater than fifteen (15) miles per hour. Automobiles are not allowed to park or come to a complete stop in front of an open grave unless such automobiles are in attendance at a funeral . 6.11 TRUCKS AND HEAVY HAULING Heavy hauling, trucks or commercial vehicles of any kind are not permitted within the Cemetery grounds, unless they have a business purpose for being in the Cemeteries, and then only by permission of the Cemetery Superintendent : # - 6.12 BICYCLES AND MOTORCYCLES No bicycles or motorcycles shall be allowed in the Cemeteries except such as may be in attendance at funerals or on business. 6.13 PEDDLING OR SOLICITING Peddling ��N: < � . .'� �� of flowers or plants,— or --"- `or th inn saae—a€ any . commodity is prohibited in the Cemeteries. 6.14 FIREARMS No firearms shall be permitted within the Cemeteries, except �;a in connection with a military funeral or similar occasion by. poi ce o ricers, or by special permit from the Cemetery Superintendenti 6.15 NOTICES OR ADVERTISEMENTS No signs notices or advertisements a€ any kif►e sff a permitted wi in ireC eme£ery group s. 6.16 DOGS, HORSES AND OTHER ANIMALS No dogs, horses or any other animal shall be allowed in the Cemeteries or in any of the Cemetery buildings. The owner or keeper of any animal which trespasses upon the Cemetery grounds shall be liable for any damage done by - animals. and x. dees not assumeq p : 0:,gib: •.'.:: ; O:> 6.17 HOURS The Cemetery grounds will be open at the times posted at the Cemeter office and at other cons icuous locations on the Cemetery premises. & : 6.18 IMPROPRIETIES it is r the a r a that there . .Lind be strict , ..J. ..ryan o f aL.. r preprieties of the f allowed,whether embraeed in these Rules and Regulatims er net. No impreprieties will be and the Gemetery SuperMtendent shall di g All p! 6.19 EMPLOYEES AND WORKERS Cit em to ees, as well as other workers, monument dealers, florists, eke. workin within the Cemeteries shall conduct themselves with orumd t � at a�1 times an in strict accordance wit iiese u es an egu'fall ns. 7.0 SERVICE CHARGES 7.1 PAYMENT OF SERVICE CHARGES The amount or rates of all charges shall be established by City Council . All charges for any service rendered by Cemetery employees must be paid for at or prior to the time such services are rendered. The payment of the Cemetery service charges relating to interment must be made a*G the _' - of the 4sgua"ee of the interment permit W. 7.2 CHARGES FOR INDIGENTS City Council shall establish reduced fees and charges which shall apply to the "at-need" interment of any person who dies leaving an estate of insufficient size to pay the regular fees and charges and the persons legally responsible for the support of such person are unable to pay such regular fees and charges. In making such a determination of indigence, the City may rely on information received from the funeral director as to the financial status of the deceased. To the extent possible s ace shall be made available in the Cemeteries for the burial of indi ents. 8.0 PURCHASE OF THE RIGHT OF INTERMENT• ABANDONMENT 8.1 APPLICATIONS FOR PURCHASE Applications for the purchase of the right of interment in lots of Wr4a! spaees must be made at the Cemetery office where plats showing the size, location and description of all lots and the schedule of prices will be kept on file. 8.2 AGREEMENT CONVEYS ONLY THE RIGHT OF INTERMENT All sales agreements shall grant to the purchaser the right to; use gumots for interment of human remains only, subject o hese u es and Regulations. The fee title to all lots and burial spaces shall remain in the City, subject to the right of interment conveyed to the purchaser. 8.3 ERRORS MAY BE CORRECTED The City reserves the right to correct any errors made by it in the description of the location of the lot or burial space to which the right of interment is conveyed, either by canceling the sale and substituting in lieu thereof other burial space(s) or lot(s) of equal value and in a similar locationg as far as possible, or in sole discretion of the Cit b refundin the amount of money paid on aeeount of .._'.a p_. _.`.,__ ' 8.4 SINGLE BURIAL SPACES The right to interment in single burial spaces ma be„purchased onl in those sections designated for that purpose or 3: immediatel next to a space sue. : subject to the a royal. of the Ceme er ' . 1. 8.7 PAYMENT Any available lot(s) or burial space(s) may be reserved without payment for a specific purchaser for a period not to exceed sixty (60) days. The right of interment in a burial space shall not accrue to the purchaser until the full purchase price of the same and the perpetual care fee has been paid to the Cemetery office. 8.8 INSTALLMENT PURCHASES The urchase rice and the perpetual care fee for the 1 ot(s)l or burial spaces) purchased in the Cemeteries may be paid in installments prove e a e purchaser shall enter into a written agreement wherein it is agreed that the number of installments shall not exceed twenty-four (24) nor extend over a period of more than two (2) years; that no interest shall be added by the City to the purchase price; that at least ten percent (10%) of the installment purchase price shall be paid in cash at the time of the execution of said agreement; and that failure to pay any installment for a period of six (6) months shall terminate said agreement together with any legal interest of the purchaser therein, and invest all payments previously made thereunder absolutelyt the City. Notice o termination for failure of a ents shall be even b the Cit to the urchaser's last known address. F. n pa men ps apurcaser s a ave no rig o intermentwillbe allowed on the designated lots) orspace 8.9 CHANGE OF ADDRESS It shall be the duty of the _- burial owner to notify the City of any change in the owner's mailing a tress. o ce sent to sha such owner at the last address on file in the Cemetery office ll be considered sufficient and proper legal notification. 8.10 ABANDONED BURIAL SPACES 8.10.1 Reversion: The right of interment in any unoccupied burial space shall , upon abandonment, revert to the City. 8.10.2 Presumption: Failure to inter in an burial s ace after fift 0-fiNis years from the date of purchase.shall create a presumption that a same as een a andone excep a presumption shall not apply when a letter of intent is filed by the owner or the owner's heirs or assigns stating that the owner intends to keep specified burial spaces vacant. 8.10.3 Notice Reauired: Abandonment shall not be deemed complete unless the owner or his or her heirs or assigns shall be notified of the abandonment in writing mailed to the owner's last known address, by the Cemetery �erh1:endeR1 .;: In the event that the address of the owner or his or her heirs cannot `e ascertained, then notice of such abandonment shall be given by publishing the same in a local newspaper once a week for five (5) weeks. 8.10.4 Failure to Re 1 : If the owner of his or her heirs or assigns fails to inform the Cry- lerk a of an intention to retain the burial space(s) within sixty (60f days after the date the Notice of Abandonment was mailed or after final publication of such notice, then abandonment shall become final and the City may thereafter sell , transfer, and convey the right to interment therein. The funds derived from any sale of an abandoned space shall be deposited in, and become a part of, the Cemetery Fund. 9.0 TRANSFERS AND ASSIGNMENTS 9.1 CONSENT OF CITY No transfer or assignment of the right of interment in any lot or burial space shall be valid without the prior written consent of the City, which written consent shall thereafter be recorded in the books of the City. 9.2 INDEBTEDNESS The City shall have the right to refuse to consent to a transfer or an assignment as long as there is any indebtedness due the City by the owner of record. 9.3 TRANSFER BY DESCENT If no interment has been made in a lot or burial space which has been transferred to an individual owner or owners by the City, or if all the bodies have been lawfully removed therefrom, in the absence of a specific disposition thereof in the owner's last will and testament, the lot shall , upon the death of the owner, descend in regular line of succession as described in the state statutes to the heirs of the owner. 9.4 RE?UREHASE CONTRACT SALE BY THE CITY If for any reason, it becomes necessary for any may a owner to dispose of his or her interest in any burial space, t e owner fie: ���.: •.�n >b s�Yb9.>:. :.,.. . �`�<: .i � :.<... .:: :: :: ; R„ ° . ..::.<o '.:gwa:. o� i' ie perpe ua care ee as no een pai on suc spaces, owever, rrent rep -rehase Firlee ill be pa '. �.y he er etual care fee will be deducted from 10.0 PERPETUAL CARE 10.1 PERPETUAL CARE MANDATORY All lots or burial _sseld with perpetual eare shall be a so Inc u e e require paymen o a perpetual care fee. 10.2 PERPETUAL CARE FEE The per etual care fee, to be collected from the purchasers of lets--er-hH40- shall be set by the City Council for the various sections o t e emeteries after taking into consideration the absence of or number of monuments in any section, the character of the irrigating system, the physical difficulties in the character of the soil and such other factors as tend to determine the necessary cost of the care of said lands. 10.3 LOTS NOT NOW UNDER PERPETUAL CARE Any lot or portion thereof not now under perpetual care may be placed under perpetual care upon application and payment of the required fee. The amount of such fee shall be the amount that is currently being charged on other burial spaces of similar character or in a similar location. No burial shall be allowed in a burial s ace on which the erpetual care fee has not been paid. now W mom 10.4 CARE OF LOTS NOT NOW UNDER PERPETUAL CARE General care will be given lots which were originally sold without perpetual care, in order that the general beauty of the Cemeteries may be maintained. However, the City assumes no responsibility to maintain these lots in perpetuity. Whenever any lot needs attention, lots having perpetual care shall in every case have preference. 10.5 RECORD OF PAYMENT OF FEE The record books of the City, and the receipt issued by the City shall show the amount of the perpetual care fee that has been required of the purchaser in each case. 10.6 INVESTMENT OF FEES The money received for perpetual care shall be held in trust in the Perpetual Care Fund and invested as provided by law. The City reserves the right, however, either to handle all investment itself, or to deposit said funds with any person, company or corporation qualified to act as trustee or depository for such funds. 10.7 EXPENDITURE LIMITED TO INCOME Perpetual care, whether applied to lots, burial spaces or any other space within the Cemeteries, shall be limited absolutely to the income received from the investment of the Perpetual Care Fund, with no part of the principal being expended. 10.8 CITY COUNCIL TO DIRECT EXPENDITURES The income from the Perpetual Care Fund shall be expended by the City in such a manner as will , in the udgment of the City Council, be most advantageous to the lot and burial spai 1 the full power and aut� owners as a whole. The City Council has thority o de�e`rmine upon what property, for what purpose ffil and in what manner the income from said Perpetual Care Fund shall be expended for the care, reconstruction, repair and maintenance of all or any portion of the Cemeteries' grounds, and it may also expend said income for attorney's fee and other costs necessary to the preservation of the legal rights of the City in connection with the Cemeteries. 11.0 INTERMENTS 11.1 SUBJECT TO LAWS AND ORDERS In addition to these Rules and Re u1 tions all interments shall be subject to the orders and laws of ��_�' Larimer County and the State of Colorado. 11.2 DISPOSITION-REMOVAL PERMIT REQUIRED A Disposition-Removal Permit issued by the Colorado Department of Health, or, if the death occurred outside Colorado, a similar permit issued by the state in which the death occurred, is required prior to any interment. Such permit must be provided by the Funeral Direeter to the Cemetery office. 11.3 INTERMENT PERMIT REQUIRED The City reserves the right to refuse interment in any burial space and to refuse to open any burial space for any purpose, except upon written application by the owner or his representative for an interment permit made on forms provided by the City and duly filed in the Cemeter office. Interment permits shall be granted by the Cemetery Superintendent 1_ or his representative. 11.4 MANNER AND CHARGES All interments must be made in the manner set by the Cemetery Superintendent $ and only after payment of the applicable charges. 11.5 TIME AND SCHEDULING All interments must be scheduled through the Cemetery office. No interment or funeral services will be allowed on Saturday afternoons or Sundays or on any of the following holidays: New Year's Day -- Martin Luther King Day -- Washington's Birthday -- Memorial Day -- Independence Day -- Labor Day -- Veteran's Day -- Thanksgiving -- Christmas or upon the days that these holidays are legally observed. No interments will be allowed on Saturday mornings except on the Saturday mornings which follow a Friday holiday or precede a Monday holiday. The Cemetery SuperintendeRt IS . .F a O shall appoint the time for the arrival of funera processions a e eme eries. At least one half hour shall be allowed between the times of arrival of funeral processions to be held on the same day unless waived by the Cemetery C_•;= Atendent , at his discretion. When two funeral processions arrive at the Cem es a e er the same time, the funeral procession arriving first shall have precedence in entering the Cemeteries and the other procession shall proceed in accordance with the instructions of the Cemeteryer3ntendent or his representative. No funeral procession will be permitted in the eme eries after 4:30 p.m. except by special permission of the Cemetery Superintendent The Cemetery staff shall endeavor to have 11.7.1.2 Polystyrene Plastic or Fiberglass - Polystyrene plastic or fiberglass burial receptacles shall be made of commercial grade resin. The plastic or resin must be a type recommended by the manufacturer for such use based upon the strength, impact, corrosion and life requirements. The manufacturer shall substantiate its recommendation from test data developed by the manufacturer, by the manufacturer's experience in related environments and service requirements, or by five (5) years experience in the manufacturing of fiberglass or plastic burial receptacles with successful case histories of their use. Plastic or fiberglass resin shall not contain any filler or extenders, except as required for viscosity control . Pigments, dyes and colorants shall not be used in any build-up. Reinforcing for fiberglass shall be a commercial grade of fiberglass having a coupling agent which will provide a suitable bond between the fiberglass reinforcement and the resin. Resin and reinforcing should be measured to ascertain proper rate and volume of material applied. The finished surface shall be clean, smooth and uninterrupted with no cracks, crazes, resin spills/runs, dry spots, foreign matter or concentration of air bubbles. No air bubbles or pits larger than 1/16" in diameter or 1/32" in depth are allowed. All sanded areas shall be resin coated and no exposed fiber reinforcement shall be allowed. Upon approval of the Cemetery 3uper4ntendent , polystyrene plastic and fiberglass receptacles may be used in double ep Murials as well as single depth burials provided that if such receptacles are used in double depth burials, no concrete, steel or copper burial receptacles shall be placed in the upper burial space. 11.7.1.3 Steel - Steel burial receptacles shall be manufactured from steel sheeting. A minimum sheet thickness of 12 gauge shall be used in the manufacturing of steel burial receptacles. Galvanized coating, painting or other corrosion protection may be used, as well as increased metal thickness, to provide the durability required. Bent, cracked or damaged steel burial receptacles may not be accepted. 11.7.1.4 Copper - Copper burial receptacles shall be manufactured from solid copper sheeting. A minimum sheet thickness of 10 gauge shall be used in the manufacturing of copper burial receptacles. Bent, cracked or damaged copper burial receptacles may not be accepted. 11.7.2 Design - Burial receptacles shall be designed to obtain their strength from their shape and construction, taking into consideration the material used. They shall be designed specifically for use as containers to be placed in a burial space. Receptacles shall be of adequate size to completely enclose the casket, if a casket is to be used. Bases for the receptacles are optional , provided that sufficient soil bearing and structural integrity is present without a base. Structural soundness and strength shall be obtained through the receptacle itself without any dependence upon the casket, if a casket is to be used. 11.7.3 Durability - Burial receptacles shall be constructed so as to be capable of providing adequate strength and durability for a minimum of 100 years. Manufacturers shall provide certificates of compliance and/or test results of tests conducted according to standard or acceptable testing methods showing compliance with these specifications if requested by the Cemetery Superintend 11.7.4 Identification - Burial receptacles shall be labeled as to model , manufacturer, trademark, etc. The identification must be etched into the receptacle surface, attached by an adhesive label, or affixed to the receptacle by some other means to clearly identify the product. In addition to identification of the manufacturer, concrete receptacles shall have the date of production etched into the receptacle surface. 11.7.5 Strength - Burial receptacles shall be designed for a maximum burial depth of eight feet from the bottom of the unit, and, after burial with a minimum soil cover of 24", shall be capable of structurally withstanding passage of a backhoe or truck weighing 20,000 pounds maximum gross weight or approximately 5,000 pounds per wheel . Burial receptacles' structural capabilities and conformance with these specifications shall be tested by a strength test, as described below. The Cemetery SaperiMendeni may waive such testing requirements if, in his discretion, sufficient case s ories or other test results are provided which indicate the successful erformance of the particular burial receptacle. The Cemetery �endeni shall have the right to require periodic retesting of any or all approve urial receptacles when deemed necessary due to failures of the burial receptacle discovered since approval . 11.7.6 Strength Test - When requested by the Cemetery Superintendent 1010 9 , a strength test shall be conducted at the supplier's or manufat urer's expense under the direction of the Cemetery S�eriirtende►� � or his representative. All costs associated with delivery and removal of a receptacle to and from the test site, as well as any damage to the receptacle as a result of the test, shall be borne by the supplier or manufacturer. The strength test shall be conducted at Grandview and Roselawn Cemeteries and shall be witnessed by City representatives and the supplier or manufacturer of the burial receptacle being tested. The strength test shall consist of the burial receptacle being placed in a simulated burial situation such as is common at Grandview and Roselawn Cemeteries. Receptacles constructed with bases shall be tested fully assembled with the top unit installed on the base. The receptacle shall be buried and backfilled in the usual method used at the Cemeteries. Backfill material not to exceed two feet in depth (measured at the shallowest point) shall be placed on top of the receptacle being tested. After backfilling is completed, the burial receptacle must withstand passage of a backhoe or truck weighing 20,000 pounds maximum gross weight or approximately 5,000 pounds per wheel . The burial receptacle shall then be recovered and inspected for cracking, buckling, fractures, or other failures. If any substantial failure is found, the Cemetery Superintendent Me shall disallow the use of the burial receptacle in the Cemeteries. Any cracking, breaking or excessive settlement of the ground may also result in the disallowance of the burial receptacle's use in the Cemeteries. e�e19. 11.6 NOTICE OF INTERMENT REQUIRED Any reservation for an interment submitted after 3:00 p.m. Friday afternoon must be for no sooner than the following Monday morning. Any reservation submitted after 4:30 p.m. Friday afternoon must be for no sooner than the following Monday afternoon. During the week, at least eight (8) working hours notice must be iven. Any exce tions must be a roved b the Cemeter 11.7 BURIAL RECEPTACLE REQUIREMENTS 11.7.1 Acceptable Burial Receptacles - Every earth interment must be made in a burial receptacle made of appropriate materials, including but not limited to concrete, fiberglass, polystyrene plastic, steel or copper. Only approved receptacles shall be used. A list of previously approved receptacles and requirements for approval of other receptacles shall be kept on file at the Cemetery office. No wooden boxes may be used except in the case of oversize burials for which a large enough receptacle is not attainable or for infant burials. No burial receptacle of three (3) pieces or more shall be allowed. The Cemetery -='.-`= dew shall have the ri ht to refuse an rece tacle that is damaged or indegeai:e 11.7.1.1 Concrete - Concrete burial receptacles shall be made from proportions of cement, aggregates and water (conforming to the specifications stated below) combined in such a manner as to satisfy the strength requirements stated in paragraph 11.7.5, below. Cement shall be Portland Cement conforming to the specifications for Portland Cement ASTM C-150. Aggregates shall consist of sand, sand-gravel , gravel , crushed stone or limestone. The particles shall be clean, hard, tough, durable, and of uniform quality; free from soft, thin elongated pieces, disintegrated stone, dirt or organic or other injurious materials occurring either free or as a coating. Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkaline, or organic materials. " ' Wire fabric shall be laced in the entire field of the bottom section. Mega reinor'cing shall be accurately placed and secured in position to insure agaInsi ispfacement during placement of the concrete. The reinforcing shall be free from rust, scale, oil , ice or other coating that will destroy or reduce the bond. Metal reinforcing shall be protected by a minimum of 1/2" of concrete. Concrete proportions, consistency, and air content shall be such as to provide a mixture which will readily work around the reinforcing and into all corners of the forms. The total air content shall not be less than 4% but not more than 7%. All concrete shall be properly cured before delivery. Concrete shall be cured for a minimum of 28 days except that concrete using Type III (high-early) cement, shall be cured for a minimum of seven days. Concrete receptacles showing cracks, exposed aggregate, exposed reinforcing, broken corners, or faces that are warped or not true in depth or line may not be accepted. gg / .. ........... k �... ...n, n.R.•... .. P .�.......i X xY�� 3b M .Ea,`.9.,.^4y.'f.4F..�u, tt,, 3 _ 4 f.-., ...b ... � h d sYWrn'x { i��::;~ �f�'�'£64:2� 6R*'� A'��Y q9-_• e d R B'C E a a s d „�tl�6r ! P d 4 8 3 P " k ! E 4 d 6 b :k i b 4rt 1 :: f' d ¢ 6 •tl { a A a B C a v R ' R 3 j•e A { F • 6 3 i 3 1 s Q p •^ b Q V b { d :: 4 6 t b.' 4 b d R.• "P d tx x k f d ¢ tl b R 3 9 k 448 M CASKET NOT TO BE DISTURBED Once a casket or other burial receptacle containing a body is in the confines of the Cemeteries, no funeral director or his embalmer, assistant, employee, agent, Cemetery official or employee, or any other person shall be permitted to open a casket or touch the body without the written consent of the le al re resentatives of the deceased or a court order. 44—.13 M EMERGENCY INTERMENTS Arrangements for emergency interments must be made through the Cemetery Su"Pintendent , upon proof of emergency. 11.19 ..' INTERMENTS INVOLVING VIRULENT CONTAGIOUS DISEASES Advance notice must be given to the Cemetery office of the intention to inter the remains of any person who dies of a virulent contagious disease so that a proper time may be appointed for the interment and proper arrangements made for the protection of the public and the Cemetery erew 11.11 __. .s > DISASTERS In the event of a disaster which results in numerous interments in the Cemeteries, the Gemetery "."." eem?"necessary a eme ery3eperintendent The Cemetery Superintendent � : ; has the authority to void any Rfimal "regulations necessary in order £o andle the numerous interments as orderly and as quickly as possible. 11.12� : DELAYS IN INTERMENTS CAUSED BY PROTESTS The City shall in no way be held liable for any delay in the interment of a body where a protest to the interment has been made, or where these Rules and Regulations have not been complied with; and, further, the City reserves the right under such circumstances to place the body in a receiving vault until the full rights have been determined. The City shall be under no obligation to recognize any protests of interments unless they are made in writing and filed with the Cemetery office. 11.13 . AUTHORIZATION OF ONE LOT OWNER SUFFICIENT The City reserves the right to allow interment of the remains of any member of the immediate family of any one of several common lot owners upon the written authorization of any such common lot owner. No person other than a member of an immediate family may be interred in any burial space without the written consent of all common lot owners. 11.14 VM LOCATION OF BURIAL SPACE The application for an interment permit must specify the exact location on the lot of the burial space desired to be opened. All burial spaces must be at least six inches from the boundary of the lot and must be at least five and one-half feet in depth for adult burials and of a ro ortionate de th for children. When instructions regarding the location of a burial space on a lot cannot be obtained or are indefinite, or when, for any reason, the burial space cannot be opened where specified, the Cemetery-`-_=-a- W. e=emms may, in hism discretion, open it in such location on the lot as best and proper; and the City shall not be liable for damagesany such change. If, for any reason, instructions concerning the location of the burial space to be opened are changed by the funeral director, burial space or lot owner or their representatives after the digging has begun, been completed, or the burial has been made, the person requesting the change shall be responsible for the payment of applicable additional fees to the City. Such fees shall be paid before any work pursuant to the revised instructions. 11.15 CITY NOT RESPONSIBLE The City shall not be held res onsible for an order iven by telephone, or for any mistake occurring : . e., .':' .' #e+°-w � precise and proper instructions as to the particu ar space, size or location ;;�let where an interment is desired. 11.16 Y'� _ ERRORS MAY BE CORRECTED In the event that an error is made in the description of the location of the burial space to which the right of interment is purchased and remains are subsequently interred in such space, the City reserves the right to remove and transfer such remains to such other property of equal value and in a similar location as may be available, at the expense of the City. }1.}7 M EMBALMING; IDENTITY The City shall not be responsible for the identity of any person sought to be interred; nor shall the City be responsible in any way for the preparation of the body. 11.18 INTERMENT OF MORE THAN ONE BODY No more than one body may be interred in a single burial space except in the case of members of the same family who will be interred in the same burial receptacle or by written consent of the Cemetery der►i ` ,'..,e'. Theore oin f shall not apply in the case of .~-_ ,6 :' Q i i.19 = DOUBLE DEPTH BURIALS Double depth burials shall only be permitted in areas designated by the City or in lots approved for such use when requested at the time of purchase, subject to the approval of the Cemetery Beni If such request is denied, the Cemetery Sewlnienden s a provide a written response stating the reason therefore. If a oa a ep h burial request is approved, the first deceased must go in the bottom space in all cases. The requesting party automatically waives any right of disinterment of the remains interred in the lower space. ii.20 .� ,.. , . EQUIPMENT Tents, artificial grass, lowering devices and other equipment owned by the City shall be used in making interments except that equipment owned by private parties may be used in lieu of equipment owned by the City on the condition that the charges made shall be the same as if the City's equipment had been used. Arrangements for the use of City equipment shall be made in advance at the Cemetery office at which time applicable charges shall be paid. !1.2! ':.:;:,` INTERMENT OF EREMATNS In order to inter enemains , in the Cemeteries, either in the ground or in a monument foundation, an interment permit must be obtained from the Cemetery office and the applicable fee paid to the Cemetery office. The person(s) requesting interment of evemains may chose any adequate container for the eremains approve' by the Cemetery + a 'he container may be buried miter The City shall not be in concrete by t e Cemetery ewew `; : :, whether buried in liable for the protection of the erematns concrete or not. In the event that the erns must be relocated for any reasonthe City shall not be response for any amage to the erema4ns 90�6" Y„ns or the container. 12.0 DISINTERMENTS 12.1 SUBJECT TO LAWS AND ORDERS In addition to these Rules and Regulations, all disinterments shall be subject to the orders and laws of Larimer County and the State of Colorado. 12.2 PERMISSION FOR DISINTERMENTS No disinterment of a body will be made without either al eourt order of a court of competent Jurisdiction or a signed affidavit from the surviving spouse or next of kin, on a form provided by the City, stating that the disinterment is being requested for a valid reason, that the application is being made by a proper person, that there is no opposition to the disinterment by the surviving spouse, next of kin, or by the expressed wishes of the decedent, and that the affiant agrees to indemnify the City and hold it harmless from any liability that might result from the disinterment and release it from any claims the affiant may have, then or in the future by reason of the disinterment. The Cemetery 5 -^-`---- =--� rn^-a^-` i shall have the right to require a court order for disinterment at any Mr prior to the disinterment when circumstances exist or arise which indicate that there is a question as to the reason for the disinterment or as to whether there is opposition to the disinterment. 12.3 DISINTERMENT PROHIBITED UNDER CERTAIN CIRCUMSTANCES Disinterment of a body so that the lot or burial space may be sold for profit to the heirs of the deceased or to any other persons, or removal contrary to the expressed or implied wish of the original lot or burial space owner is PepugAaRt to the erdiRary sense of deeeney nd is absolutely forbidden. 12.4 NOTICE OF DISINTERMENT REQUIRED The City reserves the right to require at least ten days notice prior to any disinterment. No disinterment will be made on any Saturday, Sunday or legal holiday or on the day upon which any holiday is legally observed. All disinterments shall be done at the convenience of the Cemetery Superintendent I - 12.5 PAYMENT OF FEES All fees assessed by the City for disinterments shall be paid to the Cemetery office prior to the disinterment. 12.6 SERVICES PROVIDED The services provided in connection with disinterments include removing the remains of the deceased, the casket if any, and the burial receptacle lacin the same on t9R of the ground and backfilling the em t burial s ace. a.a.. : 12.7 CITY NOT RESPONSIBLE The City shall h: exercise the utmost care in carrying out a disinterment but i assumes no 1labill *tt for damage to any casket, burial receptacl Q: msn or any other property during the disinterment process. 13.0 DECORATION OF LOTS AND BURIAL SPACES 13.1 GRANOVIEN CEMETERY 13.1.1 Live flowers may be planted and cultivated on any burial space at any time except in Sections 11 and T; however, all lantin shall be located ?: s within ten (10) inches of the front and sides of the monument or in an approved vase. 13.1.2 Under no circumstances may glass vases be placed on the grounds. 13.1.3 In the areas where there is a main memorial and a secondary flush memorial , there--is be no planting and no vases in front of the secondary flush memorial . 13.1.4 Artificial or fresh cut flowers may be placed in a metal vase at an time however the will be discarded when dead, faded, broken or Such a vase must a se n concre a wi} a minimum re e (3) inch border and within six (6) inches of the monument or be an actual part of the monument. Foundation work, (includin the installation of vases) must either be performed by the Cemetery Brew or an approved, bonded retail dealer (see paragraph 14.1 below) who has pa an Administrative Memorial Setting fee, as established by the City. 13.1.5 Sprays and wreaths made from fresh cut flowers are allowed, but they will be removed within two weeks or sooner if they become unsightly or detrimental in the Cemetery Super ntendent . . . Is opinion. 13.1.6 Christmas blankets and wreaths are allowed from December 1st through March 1st. 13.1.7 Artificial sprays and wreaths are allowed from May 1st through June 15th and from December 1st through March 1st. The Cemetery Superintendent shall order the removal of all artificial sprays and wreaths when they ecome Unsightly or are blown off the burial spaces. 13.1.8 Bushes or trees of any kind except rose or peony are not allowed. Only one rose bush or one peony will be allowed per burial space. Such bushes must be planted within ten (10) inches of the front and sides sl of the monument. 13.1.9 The placing of boxes, shells, stones, boulders, toys, metal designs, ornaments, chairs, settees, unattached vases, glass, urns, fences, wood or metal cases, temporary grave markers and similar articles upon lots or burial spaces shall not be permitted. 13.1.10 The City shall not be held liable for lost, misplaced or broken flower vases or for damage caused by the elements, thieves, vandals or by causes beyond its control . The City reserves the right to regulate the me6l d o decorating lots and the right to regulate decoration so that a uniform beauty may be maintained. 13.2 ROSELAWN CEMETERY 13.2.1 No planting of live flowers or plants on burial spaces shall be permitted except in an approved vase. 13.2.2 Under no circumstances may glass vases be placed on the grounds. 13.2.3 No bushes or trees of any kind are allowed. 13.2.4 In the areas where there is a main memorial and a secondary flush memorial , there are to be no vases in front of the secondary flush memorial . 13.2.5 Artificial or fresh cut flowers may be placed in a metal vase at any time; however the will be discarded when dead, faded, broken or of--*=— r e Such a vase must be set in concrete with a minimum ree inc or er an within six (6) inches of the monument or be an actual part of the monument. Foundation work (including the installation of vases) must either be performed by the Cemetery crew or an approved, bonded retail dealer (see paragraph 14.1 below) who ha"snpaW an administrative memorial setting fee, as established by the City. 13.2.6 Sprays and wreaths made from fresh cut flowers are allowed, but they will be removed within two weeks or sooner if they become unsightly or detrimental in the Cemetery Superintendent .. 's opinion. 13.2.7 Christmas blankets and wreaths are allowed from May 1st through June 15th and from December 1st through March 1st. The Cemetery SfeperiAtendent u e*r�sr�s# shall order the removal of all artificial sprays and wreaths when they ecome unsightly or are blown off the burial spaces. 13.2.8 The placing of boxes, shells, stones, boulders, toys, metal designs, ornaments, chairs, settees, unattached vases, glass, urns, fences, wood or metal cases, temporary grave markers and similar articles upon lots or burial spaces shall not be permitted. 13.2.9 The City shall not be held liable for lost, misplaced, or broken flower vases or for damage caused by elements, thieves, vandals or by causes beyond its control . The City reserves the right to regulate the me od o0 decorating lots and the right to remove any decoration so that a uniform beauty may be maintained. 14.0 MEMORIALS. MONUMENTS, ETC. The City does not wish to unnecessarily interfere with a family's choice of memorialization. However, in justice to other 4e8 owners and to preserve the beauty an armony of the Ceme er es, e i y reserves the right to remove any structure or object that it deems injurious to the general appearance of the grounds. The City further reserves the#riht to a rove �reectny proposed memorial, monument, ete—the following rules and regu a ions Adid any misunderstanding. 14.1 PRODUCERS AND RETAIL DEALERS 14.1.1 All memorials, monuments, etc. placed in the Cemeteries must be from approved producers and retail dealers. 14.1.2 In order to procure approval of the City, producers of monumental materials, including quarriers, quarriers who also manufacture memorials, and manufacturers of memorials who are not quarriers, must agree to sell only first grade natural stone for memorial purposes, guarantee that such stone is free from sap or anything that will cause rust or other stains and that it will not check or crack, and agree that should such faults develop within five (5) years from the date of setting, the memorial will be replaced without cost or delay to the City or the 4et Mowner. 14.1.3 In order to procure approval of the City, retail dealers must agree to use only first grade natural stone from producers approved as provided above, and guarantee the memorial to be executed in first grade workmanship, with the agreement that should faults develop within five (5) years from the date of setting due to the setting, treatment or handling of the same by the memorial dealers such memorial will be replaced without cost or delay to the City or the 48i Maboob owner. 14.1.4 Letter cutters, persons or firms who engage in the business of cleaning monuments and who are not connected with approved retail dealers and all other persons or firms connected with the memorial business must secure a permit from the Cemetery C_� -t—'. `-_:nden before any work in the Cemeteries is commenced. In order to procure suc a permit, it will be necessary for the person or firm to submit satisfactory evidence of their ability to properly perform the work for which they have been engaged. 14.1.5 Before approved retail dealers shall be permitted to erect any stones , lay any foundations or do any work in the Cemeteries, said retail ea ers shall file with the 94nanee 91reeter a good and sufficient bond in the penal sum of $�600.00 wi sure ies thereon to be approved by the Finance Director, which bon s We conditioned upon the principal conforming and complying with all the ordinances of the City of Fort Collins and these Rules and Regulations, and that the principal will fully erform his uarantee covering the sale and erection of said memorials, etE In addition, approved retail dealers shall provide o he `emeiery o fice evidence that their employees are covered by workman's compensation insurance and that the approved retail dealer carries adequate liability insurance in which the City is a named insured. 14.1.6 Workmen employed in erecting or placing monuments or other structures or bringing materials into the Cemeteries shall , as to the City, operate as independent contractors but shall be subject to the general supervision of the Cemetery Superintendent 14.1.7 Persons engaged in erecting monuments or other structures are prohibited from attaching ropes or other devices to monuments, trees or shrubs, scattering material or tools over adjoining lots, blocking roadways or walks, or leaving material or tools on the grounds longer than is absolutely necessary. Such persons must do as little injury to the ground, trees and shrubs as possible, remove all debris and restore the ground to its original condition. 14.1.8 Damage done to lots, walks, trees, shrubs, drives or other property by the monument dealers or contractors of their agents shall be repaired by the City, and the cost of such repair shall be charged to the dealer, contractor or his principal , at the City's option. 14.1.9 No material , machinery or other item used in the construction of vaults, monuments or other structures, or the monuments or structures themselves, shall be brought into the Cemeteries until required for immediate use; nor under any circumstances when a funeral is in process; nor between Saturday noon and Monday morning and no work shall be done during said times; nor shall such material be placed on lots adjoining the one on which such structure is to be erected, without permission of the Cemetery Superintendent 14.1.10 Work shall proceed promptly until the erection of the memorial is completed. 14.1.11 While a funeral or an interment service is being conducted nearby, all work of any kind shall cease. 14.1.12 Approaching the bereaved and soliciting memorial business within the Cemeteries is prohibited. 14.1.13 Any approved retail dealer or producer who violates these Rules and Regulations will be removed from the list of approved retail dealers and producers. 14.1.14 If any work is done in the Cemeteries by any person or company who is not on the list of approved retail dealers and producers the result of the work may be eliminated or removed by the Cemetery cwew at the expense of such person or such person may be given the op or unity o request such approval , at the Cemetery Superin endent 114 , 's option. 14.2 GRANDVIEW CEMETERY 14.2.1 No memorial or monument shall be allowed on any burial space(s) until the space(s) has been fully paid for. 14.2.2 Only one central or family memorial shall be allowed on a family lot. 14.2.3 If more than one memorial is to be placed on a burial space, the second memorial must be made of granite and set flush with the ground directly in front of the main memorial and must not exceed 2'xl'x4" in size. governmen ma urn s e y e e eran s Administration may not be set on i marked burial space (38 U.S.C. +906). 14.2.4 No 4et owner shall erect or place or cause to be erected or laced on as in the Cemetery, an memorial emetery Superintendent T++�,�„c_ J__• 14.2.5 The area of the face of any memorial shall not exceed thirty percent (30%) of the area of the lot. The length of the base of the memorial shall not exceed seventy five percent (75%) of the width of the lot. The width of the base of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any die or monolith shall have a thickness of at least eight inches (8") if it is more than three feet six inches (316") in length. 14.2.6 In flat memorial sections, memorials shall be of one piece of approved stone or bronze and shall not exceed two feet (21) in length of IN one foot (P) in width. Double memorials may be used and shall not exceed one foot 1' in width and four, feet 4' in len th. ; w >. , . NO F1011 14.2.7 In Section T (eremains only), memorials shall be only flat granite set flush with the ground an %s "al not exceed two feet (2') in length for a single memorial or three feet (31) in length for a double memorial . 14.2.8. The bottom surface of all monuments or memorials shall be cut level and true. 14.2.9 While the City will endeavor to exercise due care to protect raised lettering, carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims any responsibility for damage thereto. 14.2.10 No coping, curbing, hedging, grave mounds, borders enclosures of any kind or walks of any kind shall be allowed on any 4." in the Cemetery. The City reserves the right to remove the same wi/ ou recourse, if so planted, erected or placed. 14.2.11 The use of tiles, bricks, .gravel crushed rock, oyster shells, cinders or other material on any a-" in the Cemetery is prohibited. If used, such materials may a remove y e City without notice to the lot owner. 14.2.12 Temporary memorials or ornaments shall not be allowed. 14.2.13 Marble memorials or monuments shall not be allowed. 14.2.14 All memorials and monuments in Section 11 shall be flat bronze or flat granite type. 14.2.15 In all sections other than Sections 11 or T, flat memorials must be set at least four inches (4") above the ground. The memorials must be granite and shall not exceed two feet (2') in length or N one foot (11) in width. Double grave memorials may be used and shall not exceed one foot (P) in width and four feet (4') in length. 14.3 ROSELAWN CEMETERY 14.3.1 No memorial or monument shall be allowed on any burial space(s) until the space has been fully paid for. 14.3.2 If more than one memorial is to be placed on a burial space(s), the second memorial must be made of granite and set flush with the ground directly in front of the main memorial and must not exceed 21xl'x4" in size. A government heads`-- ar marker furnished by the Veteran's Administration may not be set on marked burial space (38 U.S.C. +906) . 14.3.3 No 1 of owner shall erect or pl ace or cause to be erected or pl aced, on any 4et . :" f31 in the Cemetery, any memorial of which the Cemetery �en o disapproves. 14.3.4 In flat memorial sections (Apostles, Devotion, Christus and Good Shepherd), memorials shall not exceed two feet (21) in length and one foot (1') in width. Double memorials shall not exceed one foot (P) in width and four feet (4') in length. In any other areas where flat memorials are allowed, they shall conform to the same requirements. 14.3.5 In Section 1, the northern j3§: ortion is to be used for erypts ?:. and the leathern portion is to be a veteran's section using four tnc ) above ground grani a government memorials only. A good-sized area will be used for the flag pole and cannon. 14.3.6 In Section 2 and 3, the area of the face of any memorial shall not exceed twenty percent (20%) of the area of the lot. The length of the base of the memorial shall not exceed seventy-five percent (75%) of the width of the lot. The width of the base of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any die or monolith shall have a thickness of at least eight inches (8") . Beginning April 1, 1989, any die or monolith shall have a thickness of at least eight inches (8") if it is more than three feet six inches (3'6") in length. 14.3.7 In Sections 4, 5, 7 and 8 above ground granite memorials no higher than twenty-two inches (22") will be allowed. The length of the base of the memorial shall not exceed seventy five percent (75%) of the width of the lot. The width of the memorial shall not exceed twenty percent (20%) of the length of the lot. Any stone memorial shall have a thickness of at least eight inches (8°) . 14.3.8 In Section 6, memorials and monuments shall be flat bronze or flat granite type or above ground granite type, not exceeding twenty-two inches (22") in height. 14.3.9 The bottom surface of all monuments or markers shall be cut level and true. 14.3.10 While the City will endeavor to exercise due care to protect raised lettering carving or ornaments on any memorial or other structure on any }et in the Cemetery, it disclaims any responsibility for damage there o. 14.3.11 No coping, curbing, hedging, grave mounds, border enclosures of any kind or walks of any kind shall be allowed on any het in the Cemetery. The City reserves the right to remove the same wi out recourse, if so planted, erected or placed. 14.3.12 The use of tiles, bricks, gravel , crushed rock, oyster shells, cinders or other material on any lot in the Cemetery is prohibited. If used, such materials may be removed by the City without notice to the lot owner. 14.3.13 Temporary memorials or ornaments shall not be allowed. 14.3.14 Marble memorials or monuments shall not be allowed. 14.4 DESIGN, FINISH AND WORKMANSHIP 14.4.1 Memorial dealers shall be required to furnish, for the approval of the Cemetery was a blueprint or sketch of the proposed memorial or monument, specifying size, location on lot, inscription, kind and quality of stone and the name of the producer supplying the stone. a _. 14.4.2 The Cemetery Superin�e„t shall have the power to reject any plan or design for any memorial , I , in is opinion, on account of size, design, inscription, or kind or quality of the stone, is unsuited to the lot on which it is to be placed. 14.4.3 The City reserves the right for the Cemetery Superintendent tev to stop all work of any nature whenever, in his. :: opinion, proper preparations therefore have not been made, tools or machinery are insufficient or defective, work is being executed in such a manner as to threaten life or pro .erty any reasonable request on the part of the Cemetery S!�pc `.-`_--a--` °; has been disregarded, work is not being executed in accordance with specliications, or when any person employed on the job violates one of these Rules and Regulations. 14.4.4 The completed work is subject to the approval of the Cemetery Superintendent and if unsatisfactory, it may be removed by the Cemetery Sepewieneene aEi . 14.4.5 All die stones shall be finished on at least the front surface. 14.4.6 Photographing of memorials shall not be allowed except on signed order of the lot owner or Cemetery Superintendent 14.4.7 No memorial showing drill or toll marks or straining from rubber mat used for sand engraving shall be considered as first grade workmanship. 14.7.5 The Cemetery St►p--�,,.;s'WeNt or his representative shall inspect all completed foundations. � ny eviations rom the required specifications shall be expeditiously corrected by the approved retail dealer after receiving notice of such deviations from the Cemetery office. If, after notice, any deviation is not corrected, the Cemetery ere w shall make such corrections and charge the approved retail dealer or a work. Suc approved retail dealer shall not be Permitted to do any further work inthe Cemeteries until such bill is P MM in full Le the Cemetery office. 14.7.6 In order to request that a foundation be installed by the Cemetery crew a licati.ons for installation of a foundation must be made by the owner or his representative at the Cemetery office. The c arge or a foundation shall a paid at the time the application is made. The City shall assume the responsibility for the per construction of such foundations. The City assumes no responsibility, however, for the correctness of the size and location of i;he foundatio information received from the person ordering Me ounda ion. ny a era ions required in an foundation shall be made at the expense of the erson orderin the foundation 14.7.7 No monument or memorial shall be delivered to the Cemeteries until the applicable foundation charges have been paid and perpetual care fee on the burial space(s) has been paid. Each monument or memorial , upon delivery, shall be checked by the Cemetery SuperintendentDuring the summer months (June through September) , no monument or memoa on riger than three feet (3') or higher than two feet (2') shall be delivered to the Cemeteries until the foundation has been poured and set-up #er it. 14.7.8 Base stones may vary from the size given when the foundation is ordered but not to exceed one inch (1") in width or length. If the base stone is more than one inch (1") larger than the size given when the foundation is ordered, the Cemetery Supe=-n-'.::`enders=emens ave may refuse to allow such stone to be set until satisfactory arrang been made by the 4&t RM :::< ; . owner or his=. :. representative to correct the foundation. 14.8 MISCELLANEOUS 14.8.1 Should any memorial , monument, mausoleum tomb, etc. become unsightly, dilapidated or a menace to the safety of visitors , the City shall have the right to either correct the"con ion or to remove e same at the expense of the 4-1 IMOMMOM owner. 14.8.2 No monument or memorial shall be removed from the Cemeteries exce t b the City, unless the written order or permission of the 4" owner is presented to the City and permission is granted by t e i y. 14.8.3 By presenting to the City proper written evidence to prove that any person ordering a memorial cannot or will not complete his contract for the purchase of the same, the dealer who sold the memorial may o ain permission from the Cemetery Superintendent fe to remove the memorial from the Cemeteries. In the event a memoriaV is removed by a memorial dealer, it shall be the duty of such memorial dealer to reimburse the City for the expense of 14.5 MATERIALS All memorials, markers or stonework of any kind shall be constructed from first grade natural stone. No artificial stone of any kind or other material shall be permitted unless samples are submitted to the Cemetery Superintendent , in advance, and approved in writing by the Cemetery Superintendent 14.6 MAUSOLEUMS, TOMBS, ETC. 14.6.1 Mausoleums, tombs, vaults, sarcophaguses, or columbariums either wholly or partially above ground, shall be constructed only in lots designated for such structures. Such structures shall be built of first grade natural stone, similar in all respects to stone used in other memorials in the Cemeteries, unless rior written approval is received from the Cemetery Superintendent for the use of an alternate material . Before such a structure is erecte a proprietor must deposit with the City a sum of money estimated by the City to be sufficient to yield an income for the proper care of such structure in perpetuity. 14.6.2 Plans, specifications and location on the lot or lots shall be subject to the approval of the Cemetery Superintendent Own- 14.6.3 When an interment is made in a private mausoleum, the crypt access opening shall be pro er sealed by an approved monument or mausoleum deals �,, . � � • - 14.7 FOUNDATIONS AND DELIVERIES OF MEMORIALS, ETC. 14.7.1 Foundations for memorials monuments, mausoleums tombs etc. may be installed b the Cemeter crew or by apprere� retail � .. a dealers "at All foundations sha a ut t to a depth as sp ie . .y e.. aiw shall extend n e emetery o ice s a sc "edu e, upon reasons a no ice, a oun a ion installations, taking into account weather and ground conditions, scheduled funeral processions, availability of ersonnel etc. In no event shall an foundations be laid between O7 ""` tr June 1 A excava ed mus e c eane up to he reasonable satisfaction of the Cemetery Supe- --`__en dent 14.7.2 All foundations shall be constructed of material approved by the Cemetery Superintendent Nown- 14.7.3 Prior to the installation of a foundation by an approved retail dealer, the approved retail dealer shall pay the appropriate fee to the Cemetery office, which fee shall cover the actual labor costs to inspect the finished roduct of the ap roved retail dealer. 14.7.4 There will be no Administrative Memorial Setting Fee pertaining to the addition of a vase where the memorial has been previously set. returning the Cemetery !at to its original condition. The City shall at no time be response or Iffle for the removal of any memorial and before granting permission for the removal of the same, the City may require a written guarantee or bond from the person or dealer removing the same, in favor of the City, to protect and save the City harmless from any and all liability of whatever kind or nature. 15.0 AMENDMENTS, EXCEPTIONS AND MODIFICATIONS 15.1 AMENDMENTS The City may and 4-t hereby expressly reserves the right, to adopt new rules or regu a ons or to amend, alter and/or repeal any rule, regulation, article, section, paragraph or sentence in these Rules and Regulations. Such new W""igg".M lations shall be binding on the urial spaces regardless of the a e suc the ri ht of interment. 15.2 EXCEPTIONS AND MODIFICATIONS Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardshi The City, therefore, reserves the right for the Cemetery Su to, without notice, make exceptions, suspensions or ---'-�- =- -�--a--` modifications in any R ese Rules and Regulations, when, in hisZW judgement, the same appear advisable; and such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general application or enforcement of these Rules and Regulations.