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HomeMy WebLinkAbout1978-097-12/19/1978-ADOPTING RULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES f RESOLUTION NO 78-97 OF THE CITY OF FORT COLLINS ADOPTING i-2ULES AND REGULATIONS FOR THE OPERATION OF MUNICIPAL CEMETERIES WHEREAS, the City presently operates the Grandview and Roselawn Cemeteries, and WHEREAS, it is in the public interest and advancement of the general welfare that reasonable rules and regulations be adopted for the supervi- sion, management and operation of these facilities NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the rules and regulations attached hereto as Exhibit "A" be, and they hereby are, approved and adopted, to remain in force and effect until such time as they are altered or modified by action of this Council Passed and adopted at regular meeting of the City Council held this 19th day of December, A D 1978 EST , Ci y Clerk t 1 EXHIBIT "A" C E H 5 T E R Y R E G U L A T I O N S GRANDVIEW AND ROSELAWN CE'1ETERIES i FORT COLLINS, COLORADO NOVEMBER 197E CITY COUNCIL Mr Richard M Suinn, Mayor Mr Lloyd D St Croix, Assistant Mayor Mr Arvid Bloom Mrs Nancy P Gray Mr Earl Wilkinson Mr Jack E L Russell Mr Charles C Bowling STAFF Mr John E Arnold, City Manager Mr Paul A Lanspery, Assistant City Manager Mr H R Phillips, Director of Parks and Recreation Mr Rick Bott, Cemetery Superintendent Mr John Houstoun, Cemetery Supervisor INDEX PAGE 1 OWNERSHIP AN➢ MANAGE'iENT 1 2 DEFINITIONS 1 3 GENERAL SUPERVISION OF THE CEMETERY 2 4 INTERMENTS AND DISINTER'ihNTS GENERALLY 2 5 DISINTERMENTS AND REMOVALS 5 6 SERVICh CHARGES AND PAST DUE INDEBTEDNESS 6 7 PURCHASE OF LOTS 6 8 PROPERTY RIGHTS OF LOT OWNERS 7 9 TRANSFERS AND ASSIGNMENTS 8 10 CONTROL OF WORK BY CITY 8 11 DECORATTON OF LOTS 8 12 ROADWAYS AND REPLATTING 10 13 CONDUCT OF PERSONS WITHIN THE CEMETERY 10 14 FEES, GRATUITIES AND COMMISSIONS 12 15 PROTECTION AGAINST LOSS 12 16 CHANGE OF ADDRESS OF LOT OWNER 14 17 PERPETUAL AND SPECIAL CARE 14 18 PRIVATE MEMORIALS 15 19 GENERAL CARE 16 20 RULES FOR MEMORIAL WORK IN CEMETERY SECTIONS 16 21 CERTIFICATE OF TITLE AND THESE RULES AND REGULATIONS SOLF AGREEMENT 22 22 MODIFICATIONS AND AMENDMENTS 22 23 ADOPTION 22 I 1 } GRANDVIEW AND FOSELAWN CFPIFTERIES These Rules and Regulations are adopted as the RULES AND REGULATIONS COVERING GRANDVIEW AND ROSELAWN CLIETERIES, and are for the mutual protection of all plot owners and the City of Fort Collins, and to insure the Cemeteries a uni- form and permanent beauty • All plot owners, visitors, Cemetery employees, persons working directly or indirectly for lot ocmers and all lots sold shall be subject to these rules and regulations, and subject further, to such other rules and regulations, amendments or alterations as shall be adopted by the City of Fort Collins from time to time, and the reference to these rules and regulations in the certifi- cate of ownership to plots shall have the same force and effect as if set forth in full therein 1 OWNERSHIP AND MANAGEMENT I 1-a OWNED BY THE CITY OF FORT COLLINS Grandview and Roselawn Cemeteries are owned and managed by the City of Fort Collins, Colorado 1-b 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 1-c MANAGED BY THE CFIETERI SUPERINTENDENT The management of the Cemeteries shall be under the direction of the Cemetery Superintendent, who in turn shall be responsible to the City Manager for direct and complete supervision of the Cemeteries in all matters The City Manager nay assign the functions of the Cemeteries to another operating department 1-d CEMETERI SUPFRINTENDENT IN CHARGE OF ACTIVITIES WITHIN CONFINES OF CEMETERY GROUNDS The Cemetery Superintendent shall have complete supervision of all activities within the confines of the Cemetery grounds 1-e BUSINESS OFFICE All applications for purchase, transfer, assignment or repurchase of Cemetery lots, interment and disinterment orders, foundation and monument permits, perpetual or annual care or special permits of any kind must be made at the Cemetery Office 2 DEFINITIONS 2-1 CEMETERY The term "cemetery" is hereby defined as a burial park for earth and crypt interments -1- 2-b INTFW%1FNT The term "interment" shall mean the permanent disposition of the remains of a deceased person by earth or crypt burial 2-c LOT The term "lot" shall mean a platted lot within the cemetery and may consist of more than one burial space 2-d BURIAL SPACE The term "burial space" shall mean a single space within a platted lot deg13ned for the interment of one body 2-e MEMORIAL The term "memorial" shall designate a monument, marker, tablet or headstone for family or individual use 2-f MONUMENT The term "monument" shall designate a monument, marker, tablet or headstone for family or individual use 2-g CEMETERY SUPERINTENDENT - SEXTON The terms "Cemetery Superintendent" or "Sexton" are used interchangeably 3 GENERAL SUPERVISION OF THE CEMETERY 3-a ADMISSION TO CEMETERY Entrance into the cemeteries except 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 whom the Cemetery Superintendent may deem objectionable to the best interest of the Cemeteries 3-b CEMETERY SUPERINTENDENT IN CHARGE OF ALL FUNERALS All funerals upon reaching a Cemetery shall be under the supervision of the Cemetery Superintendent or his assistants 3-c CASKET NOT TO BE DISTURBED Once a casket containing a body is in the confines of a Cemetery, 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 to touch a body without the consent of the legal representatives of the deceased, or without a court order 4 INTERMENTS AND DISIIsTERMEATS GD ERALLY 4-a SUBJECT TO LA14S Besides being subject to these rules and regulations, all interments and dis- interments sh111 be subject to thc. orders and laws of the properly consti- tuted authorities of the City, County and State -2- 1 4-b TIME AND CHARCES All interments and disinterments must be made at the time and in the manner fixed by the Seaton and upon payment of such charges as are fixed by the City Council 4-c HOLIDAYS, SATLRDAY AND SUNDAY No interment or interment services, or disinterments will be allowed on Saturday afternoons or Sundays or on any of the following holidays New Ycar's Day - Washington's Birthday - Memorial Day - Independence Day - Colorado Day - Labor Da) - Veteran's Day - Thanl.sgiving Day - Christmas Day or upon the days that these holidays are legally observed ivo interments will be allowed on Saturday morningb except on the Saturday rlornings which are followed by a Friday holiday or preceded by a Monday holiday 4-d NOTICE OF INTERMENT REQUIRED Any reservation submitted after 3 00 P M Friday afternoon must be for no sooner than Monday morning Any reservation submitted after 5 00 P M Friday afternoon must be for no sooner than Monday afternoon During the week at least eight (8) working hours notice must be given Any exceptions must be approved by the Cemetery Superintendent 4-e EMERGENCY BURIALS Arrangements for emergency burials must be made through the Cemetery Superin- tendent and upon proof of emergency 4-f IN CASE OF A DISASTER In the event of a disaster, which results in numerous burials for the Cemeteries, the Cemetery crew will work whatever hours deemed necessary by the Superinten- dent The Superintendent has the authority to void any and all regulations necessary in order to handle the numerous burials as orderly and as quickly as possible 4-g CI1Y TO APPOINT TIME OF FUNERAL The Cemetery Superintendent shall appoint the time for the arrival of funerals at the Cemeteries and shall allow at least one half hour between the times of arrival of funerals to be held on the same day When two funerals arrive at a Cenet-r) at the same time the funeral arriving first shall have precedence in entering the Cemetery and the other funeral shall procede at the discretion of and in accordance with instructions to be given by the Cemetery Superinten- dent No funeral will be permitted in the Cemetery after 5 00 P M except b) special permission of the Cemetery Superintendent The Sexton may, at his discretion, waive the one half hour between times of arrival of funerals 4-h APPLICATION FOR INTERMENT The City reserves the -fight to refuse interment in any plot, and to refuse to open any burial space for any purpose, except upon written application by the lot owner or owners made out on blanks provided by the City and duly filed in the Cemetery Office -3- I � e 4-i MUST USE APPROVED GRAVE LIAERS Eery earth interment must be made in an outside receptacle of steel, concrete, fiberglass or polypropylene structural foam, the actual installation of which shall be made by employees of the Cemeteries Wooden boxes may be used for baby, child or indigent burials ho metal arches or multiple piece liners (3 pieces or more) will be allowed The Cemetery Superintendent shall have the right to refuse any such receptacle that is damaged or in any other way inadequate 4-3 AUTHORIZATION OF 0\F PLOT OWNER SUFI-ICIENT The City reserves the right to allow interment of the remains of any member of the in-nediate fa-illy of cn) one of several common lot owners L-on the Britten 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 oimers of the same who are recorded as such on the books of the City or their heirs 4-k LOCATION OF INTEKNIENT SPACE The applicant for an interment permit must specify the exact location on the lot of the grave desired to be opened All graves must be at least sic 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 proportionate depth for children Thr en instruction regarding the location of an interment 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 Superintendent may, in his discretion, open it in such location on the burial lot as he deems best and proper, so as not to delay the funeral, and the City shall not be liable in damages for lay error so made 4-1 ORDERS LIVEN BY TELEPHOAE The City shall not be held responsible for an) order given by telephone, or for any mistake occurring for want of precise and proper instructions as to the particular sp--e, size or location in a lot where an interment is desired 4-m ERRORS MAY BE CORRECTED The City reserves the right, and shall have the right to correct any errors that may be made by it either in making interments or disinterments or in the description transfer or conveyance of any interment property, either by can- celling such conveyance and substituting and conveying in lieu thereof other interment property of equal value end in similar location as far as possible, or as may be selected by the City, or, in sole discretion of the City, by refunding the amount of mono) paid on account of said purchase In the event such error shall involve the interment of the remains of any person in such property, the City reserves the right to remove and/or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof at the expense of the City 4-n 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 the 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 duty to recognize any protests of interments unless the) be in writing and filed in the Cemetery Office -4- I I J 4-0 NOT RESPONSIBLE FOR EMBALMING OR IDENIIn The City shall not be responsible for the interment permit nor for the identity of any person Bought to be interred, nor shall the City be respon- sible in any way for the preparation of the body 4-p NO INTERMENT PERMITTED UNLESS PROPERTY FULLY PAID FOR No interment shall be permitted or any memorial placed in or on any burial space not fully paid for including perpetual care 4-q INTERMENT OF E,ORE TEL%N ONE BODY Not more than one body or the remains of one body may be interred in one burial space except by written consent of the Cemetery Superintendent, or in the case of members of the same family who will be interred in the same casket The foregoing shall not apply in the case of cremains 4-r CITY'S EQUIPMENT MUST BE USED Tents, artificial grass, lowering devices and other equipment owned by the City must be used exclusively, (except as specified below) in making inter- rents, disinterments and removals Arrangements for the use of this equipment shall be made in advance at the Office of the Cemetery Superintendent, and at such charges as are fixed by the City Equipment owned by private parties may be used in lieu of equipment owned by the City, in which case the charges made shall be the same as though equip- ment owned by the City were used 4-s INTERMENT OF CREMAINS In case a casket containing the cremated remains of any person is to be interred in the Cemetery, either in the ground or in a monument foundation, an order from the Cemetery Office shall be obtained as for earth burial and a fee is set by resolution of the City Council shall be paid to the Cemetery Office 4-t In case the cremated remains are not buried in a casket, they shall be buried in concrete 5 DISINTERMFNTS AND REMOVALS 5-a NOTICE 0-1 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 disin- terments shall be done at the convenience of the Cemetery Superintendent 5-b REMOVAL FOR PROFIT PROHIBITFD Removal, by the heirs, of a body so that the lot or burial space may be sold for profit to themselves or to any other persons or removal contrary to tree expressed or implied wish of the original lot or burial space owner, is repugnant to the ordinary sense of decency and is absolutely forbidden -5- 5-c CARE TN PF110VAL The City shall exercise the utmost care in m-king a removal, but it shall a%bu-ne no liability for any damage, to any casket, incurred in making a removal 5-d PERMISSION FOR DISINTERMENTS No disinterment of a body will be made without a court order of a court of competent jurisdiction or written permission from some person having authority to permit the same 5-e CHARGES INCTUDE The charges for disinte-meats incluce removing the retrains of the deceased, casket, and grave liner, placing it on top of the ground, and the backfilling of the empty grave 6 SERVICE CHARGES AND PAST DUE INDEBTFD14ESS 6-a PAYMENT OF SERVICE CHARGES The payment of the Cemetery service charges or arrangements satisfactory to the Finance Director for payment of such service charges, must be made at the time of the issuance of the order of interment or disinterment and removal 6-b PAST DUE INDEBTEDNESS Arrangements, satisfactory to the Finance Director, for the payment of past due indebtedness must be made before interment will be made on any lot, subject to the provisions of paragraph 4-p, of these rules 6-c AMOUNT OF CHARGES All charges for any service rendered by the Cemetery employees must be paid for at or prior to the time such services are rendered and at rates fixed by the City The amount or rates of all charges shall be established by City Council 7 PURCHASE OF 1Ors 7-a APPLICATIONS FOR PURCHASE Applications for the purchase of Cemetery lots or burial spaces 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 Cemetery lots or grave spaces will be selected exclusi%ely at the Cemetery 7-b CERTIFICATE OF TITLE The Certificate of Title for any Cemetery lot or burial space will not be delivered to any purchaser until the purchase price of the same and the cost of perpetual care has been paid to the Finance Director in full Persons desiring to acquire multiple grave spaces in the Cemetery and not being able to pa) the entire price thereof will be required to make an initial payment equal to the cost of the burial space upon which any burial is to be made and to execute their note or notes for the balance due in such amounts and upon such terms as may be mutually agreed upon between the purchaser and the Finance Director the payment of such money and the execution of such note or notes shall not confer any title whatsoever upon the purchaser of said lot -6- or any part thereof, until all of said notes shall have been fully paid including the interest thereon Any available grave space(s) may be put on hold for a period not to exceed sixty (60) days 7-c PURCHASE OF SINGLE GRAVE SPACES Single grave spaces may be purchased only in those sections of the Cemetery designated for that purpose, or immediately next to a previously purchased grave space subject to the approval of the Cemetery Superintendent Single. grave spaces shall be paid for in full at the time of use, the purchase price to include the cost of perpetual care Grave spaces will be sold in regul -ir order as shown on the plats on file in the Cemetery Office 7-d TITLE CONVEYS ONLY THE RIGHT OF BURIAT All deeds or Certificates of Title shall grant to the lot owner or owners the right to use such lots for burial of human remains only, subject to these rules and regulations The fee title to any lot or space conveyed to a pur- chaser shall remain in the City subject to the right of burial conveyed to the purchaser r 8 PROPERTY RIGHTS OF LOT OWNERS 8-a INTERMENT RIGHTS OF LOT OWNERS All lots, and burial spaces conveyed shall be the sole and separate property of the person or persons named as grantee in the instrument of conveyance, provided, however, that the husband or wife of the grantee shall have a vested right of interment of his or her body in any burial plot conveyed to the other No conveyance or other action, without the joinder therein or by written c n- sent attached thereto, shall divest such husband or wife of such vested right of interment, provided, however, that a final decree of divorce between them shall terminate such vested right of interment, unless it shall be otherwise provided by such decree of divorce In all conveyances to two or more persons as joint tenants, each joint tenant shall have a vested right of interment of his or her remains in the plot so conveyed Upon the death of a joint tenant, the title to the burial plot theretofore held in joint tenancy immediately vests in the suriivor or survivors, subject to the vested right of interment of the remains of the deceased joint tenant owner A vested right of inter- ment as in this rule provided may be waived and shall be terminated upon the interment elsewhere of the remains of a person entitled- thereto 8-b DESCENT OF RIGHT OF INTERMENT If no interment has been made in a lot which has been transferred by deea or certificate of ownership to an individual owner or owners by the City, or if all the bodies have been lawfully removed therefrom, the absence of specific disposition thereof in the owner's last will and testament, the whole of said lot, except the one grave which must be reserved to the surviving husband or wife of the owner, unless waived by such survivor, shall, upon the death of the owner, descend in regular line of succession to the heirs of said owner -7- 9 TRANSkERS OR ASSICNNFNTS 9-a CONSENT OF CITY %o transfer or assignment of any lot, or interest therein, shall be valid without the consent in writing of the City first to be had and endorsed upon such transfer or assignment, and thereafter being recorded on the books of the City 9-b INDEBTEDNESS The City shall have the right to refuse to consent to a transfer or an assign- ment as long as there is any indebtedness due the City by the owner of record 9-c REPURCHASE BY THE CITY If for any reason, it becomes necessary for any lot owner(s) to dispose of their interest in or title to any Grandview Cemetery space(s) , they may make application at the Grandview Cemetery Office for repurchase of their interest in or title to such spaces (when there are two or more grave spaces that are located side by side) at a price equal to 807 of the current selling price set by the City Council or ;when there is a single or partial grave space) at a price equal to 70/ of the current selling price set by the City Council, if the perpetual care has been paid on the spaces If the perpetual care has not been paid, the current perpetual care charge will be deducted from this repur- chase price The repurchase price will be paid to the lot owner(s) when they have conveyed to the City of Fort Collins by deed or certificate of title a good and sufficient title 9-d ADDITION OF PERPETUAL CARE TO REPURCHASED LOTS If and when the City shall elect to repurchase a lot not already having perpe- tual care, the City shall include the cost of perpetual care in the selling price of said lot before again offering it for sale 10 CONTROL OF WORK BY CITY 10-a WORK TO BE DONE BY CITY Except as otherwise provided herein, all grading, landscape work and improve- ments of an} kind, and all care of lots, shall be done, and all trees, s'1rubs and herbage of any Lind shall be planted, trimmed, cut or removed, and all opening or closing of graves and all interments, disinterments or renovals shah be made by the City 1 CITY MUST DIRECT AND MAY REPIOVE IMPROVEMENTS F improvements or alterations of individual property in the Cemetery shall b, under the direction of and subject to the consent, satisfaction and approval of the Cemetery Superintendent, and should they be made without his written consent, or, in the event, at any time, in his judgment, they become unsightly to the eye, he shall have the rignt to remove, alter or change such improvements or alterations at the expense of the lot or space 11 DECORATION OF LOTS 11-a GRANDVIEW MIETERY 1 Live flowers may be planted and cultivated on any grave at any time eAcept in Sections 1I and T, however, all plantings shall be within ten (10) inches of Vie front and sides of the monument or in an approved vase -8- 2 In the areas where there is a main memorial and a secondary flush meno- rial, there is to be no planting and no vases in front of the secondary flush memorial 3 Artificial or fresh cut flowers may be placed in a metal vase at any time However, they will be discarded when dead, faded, broken or anything of a similar nature This vase must be set in concrete with a minimum three (3) inch border and within six (6) incl`es of the monument or be an actual part of the monument The Cemetery crew shall install all vases 4 Sprays and wreaths made from flesh cut flowers will be mellowed, but th-y will be removed within two weeks, or if in the Cemetery Superintendent's opinion, when they become unsightly or detrimental 5 Christmas blankets and wreaths will be allowed from Decunber 1st through Parch 1st 6 Artificial sprays and wreaths will be allowed from May lst through June 15th and from December 1st through March 1st The Superintendent shall remove all artificial sprays and wreaths when they become unsightly or blown off the graves 7 Bushes or trees of any kind except rose or peony are not allowed, including juniper, pfitzer, or the like Rose bushes or peonies will be allowed, however, only one per grave space These also must be planted within ten (10) inches of the front and sides of the monument as stated in paragraph 11-a-1 8 The placing of boxes, shells, stones, boulders, toys, metal designs, orna- ments, chairs, settees, vases, glass, urns, fences, wood or metal castes, t m- porary grave markers and similar articles upon lots shall not be permitted 9 The City shall not be held liable for lost, misplaced or brol.en flower vases, or for damage by the elements, thieves, vandals or by causes beyond its control The City reserves the right to regulate the method of decorating lots and the right to remove any decoration so that a uniform beauty may be main- tained 11-b ROSELAWN CEMETERY 1 No planting on graves shall be permitted except in an approved vase 2 Bushes or trees of any kind are not allowed 3 In the areas where there is a main memorial and a secondary flubli memorial, there is to be no vases in front of the secondary flush memorial 4 Artificial or fresh cut flowers may be placed in a metal vase at an) time However, they will be discarded when dead, faded, broken or anything of a similar nature This vase must be set in concrete with a minimum tnree (3) inch border and within six (6) inches of the monument or be an actua part of the monument The -Cemetery crew shall install all vases 5 Sprays and wreaths made from fresh cut flowers will be allowed, but they will be removed within two weeks, or, if in the Cemetery Superintendent's opinion, when they become unsightly or detrimental 6 Christm-s blankets and wreaths will be allowed from December 1st through March 1st -9- 7. Artificial sprays and wreaths will be allowed from May 1st through June 15th and from December 1st through March 1st The Superintendent shall remove all artificial sprays and o,re-+ths when they become unsightly or blown off the graves 8 The placing of boxes, shells, stones, boulders, toys, metal designs, orna- ments, chairs, settees, vases, glass, urns, fences, wood or metal cases, tem- porary grave markers and similar articles upon lots shall not be permitted 9 The City shall not be held liable for lost, misplaced or broken flower vases, or for damage by the elements, thieves, vandals or by causes beyond its control The City reserves the right to regulate the method of decorating lots and the right to remove any decoration so that a uniform beauty may be maintained 12 ROADWAYS AND REPOTTING 12-a 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 is the right to use Cemetery property, not sold to individual lot or grave space owners, for Cemetery purposes, including the interring and prepar- ing for interment of dead 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 or from other lots 12-b NO RIGHT GRANTED IN ROAD14AYS No easement or right of interment is granted to any lot owner in any road, driv( , or walk within the Cemeteries, without the approval of the Cemetery Superintendent, but such road, drive or walk may be used as a means of access to the Cemetery or buildings as the City devotes to that purpose 12-c RIGHT TO CLOSE ROADWAYS The Cemetery Superintendent shall have the right, at any time, to close any road, drive or walk 13 CONDUCT TO PERSON i.*ITHIN THE CEMETERIES 13-a CONDUCT Persons within either Cemeteries' grounds shall use only the roads, drives or walks as thoroughfares and no person shall walk on the grass except that be the o-il) Tway to reach his lot, or except that a workman may use that space necessary to perform the necessary care or services in connection with the lot Any per- son while on any portion of the Cemeteries other than the roads, drives or walks, are hereby declared_to be trespassers and shall in no way hold the City liable for any injury sustained I3-b TRESPASSERS ON CEMETERY LOTS Only the lot owner or his relatives shall be permitted on any Cemetery lot Any other person thereon shall be considered as a trespasser, and the City shall owe no duty to said trespasser or lot owner or relative to keep the property or the memorial thereon in a reasonable safe condition 13-c CHILDREN permitted within Children shall not be accompaniedbyproperh Cemeteries's' gpersons to care for them 13-d REMOVAL OF FLOWERS, ETC FORBIDDEN All persons are prohibited from gathering flowers, either Gild or cultivated, or breaking trees, shrubs or plants, or feeding or disturbing fish or birds or other animal life within the Cemetery 13-e REFR$S1*1ENTS No person shall be permitted to have refreslu en-, within the Ccneten es' grounds This rule will not prohibit City employees from eating their lunch on the Cemeteries' grounds in connection with their regular employment 13-f LOUNGING ON GROUNDS rounds Strangers shall not be permitted to sit or lounge on any of the grounds, graves or monuments within the Cemeteries, or in any of the Cemeteries' buildings 13-g LOUD TALKING teries' grounds The use of Loud talking shall not be permitted on the Ceme profane language is forbidden 13-h VISITORS Visitors are welcome on the Cemeteries' grounds during the regular hours 13-1 RUBBISH Throwing rubbish on any part of the grounds or buildings, except those designated by the City is prohibited 13-3 AUTOMOBILES Automobiles shall not be driven through the Cemetery at a speed greater than fifteen miles per hour 13-k TRUCKS AND HEAVY HAULING Heavy hauling, trucks or commercial vehicles of any kind are not permitted within the Cemeteries' grounds, except they be on business or in connection with the Cemeteries' work, and then only by permission of the Cemetery Superintendent 13-1 BICYCLES AND MOTORCYCLES No bicycles or motorcycles shall be admitted to the Cemeteries except such as may be in attendance at funerals or on business 13-m PEDDLING OR SOLICITING Peddling of flowers or plants, or the soliciting for the sale of any commodity is absolutely prohibited within the confines of the Cemetery 13-n FIREARMS No firearms shall be permitted within the Cemeteries, except at a military funeral or similar occasion, by a Police Officer, or by special permit from the Cemetery Superintendent -I1- 13-o NOTICES 01 4,DVERTISF3IENTS No signs or noti(-c.s or advertisements of any kind shall be permitted within the Cen�teries' grounds 13-p DOGS, HORSFS AND OTHER ANIMALS Dogs, horses or and other animal shall not be allowed in the Cemeteries' grounds or in any of the Cemeteries' buildings The owner or keeper of any animal which trespasses upon the Cemeteries' grounds shall be liable for any danage done by said animal The City shall not be liable for any damage done by animals and does not assume responsibility for keeping animals out of the Cemeteries' grounds 13-q HOURS CROUNDS AND BUILDINGS OPEN The Cemetery grounds will be open as posted 13-r IMPROPRIETIES It is of the utmost importance that there should be strict observance of the proprieties of the Cemetery, whether embraced in these rules or not, as no improprieties will be allowed, and the Cemetery Superintendent shall have the power to prevent improper assemblages 13-s SUPERINTENDENT TO ENFORCE RULES The Cemetery Superintendent is hereby expressly empowered to enforce these rules and regulations, and to exclude from the Cemeteries' properties any person violating the same The Cemetery Superintendent shall have complete charge of the Cemeteries' grounds and buildings, and, at all times, shall have supervision of all persons within the Cemeteries, including the conduct of fu^erals, traffic, employees, lot owners and visitors 13-t EMPLOYEES Employees within the Cemeteries' grounds shall conduct themselves with decorum at all times and with strict accordance with these rules and regulations, this applies to outside workers, stone masons, florists, etc , as well as to those persons directly employed by the City 14 FEES, GRATUITIES AND COMMISSIONS 14-a FEES, GRATUITIES AND COMMISSIONS MAY NOT BE ACCEPTED BY CITY EMPLOYEES No person, while employed by the City, shall receive any fee, gratuity or commission, except from the Cit) , either directly or indirectly, under penalty of immediate dismissal All fees, payments or charges for any Cemetery property or service shall be paid to the City at the Cemetery Office 15 PROTECTION AGAINST LOSS 15-a WHEN CITY NOT RESPONSIBLE The City shall take reasonable precautions to protect lot owners, and the property rights of lot owners, within the Cemeteries from loss or damage, but the City distinctly disclaims responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the -12- r , elements, an act of God, (-ommon enem) , thieves, v a dils, strikers, malicious mischief makers, cxplosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage may be direct or collateral, other than as herein provided 15-b LIABILITY FOR DMAGES Any person damaging, or causing to be damaged, any Cemetery property, � ctljer ownied 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, ULth- out delay, and in a manner satisfactory to the Cemetery Superintendent 16 CHANGE OF ADDRESS OF LOT 0 NER 16-a NOTICE REQUIRED It shall be the duty of the lot or burial space owner to notify the City of any change in his post office address Notice sent to such owner at the last address on file in the Office of the Finance Director shall be considered sufficient and proper legal notification r 17 PERPETUAL AND SPFCIAL CARE 17-a PERPETUAL CARE OF LOTS The term "perpetual care", used in reference to lots, or burial spaces, shall be held to mean the cutting and watering of the grass upon the same at reasonable intervals, the raking and cleaning of the same, and, the general care and pruning of the trees or shrubs that may be placed on the sane b) the City, meaning and intending the general preservation of the lots and burial spaces and the grounds, walks, roadways, boundaries and structures to the end that said grounds shall remain and be reasonably cared for as Cemetery grounds forever 17-b NO BURIAL LOTS SOLD WITHOUT PERPETUAL CARE All lots or burial spaces shall be sold only with perpetual care 17-c PERPETUAL CARE EXCEPTIONS The term "pereptual care" shall in no case be construed as meaning the main- tenance, repai, or replacement of any grave atoues, muuumental structures ur memorials placed or erected o-i lots or burial spaces nor the planting of flowers or ornamental plants, nor the maintenance or doing of any special or unusual work in the Cemeteries, nor does it mean the reconstruction of an) Garble, granite, bronze or concrete work on any section or lot, nor on anN portion or portions thereof in the Cemeteries, damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, insurrections, riots, or by the order of any military authority, invasion or causes beyond the reasonable control of the City, whether the damage be direct or collateral, other than as herein provided 17-d INVESDIENT OF PERPETUAL CARE FUND The money received for perpetual care shall be held in trust 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 depositary for such funds -14- 17-e EtPENDI1bRL IlilITED TO INCOME Perpetual care, whether applied to lots, burial spaces or to any space within the confines of the Cemeteries, shall be limited absolutely to the income received from the investment of the perpetual care fund, no part of the princi- pal being expended, anything herein stated to the contrary notwithstanding 17-f FUNDS MAY BE DEPOSITED WITH OTHERS OF LIKE CHARACTER It is understood and agreed between the purchaser and the City that any or all of said funds may be deposited with others of like character and intent, to the end that the income from such accumulated general fund shall be used in the general inprovement and perpetual care as above defined 17-g CIT1 COUNCIL TO DIRECT EXPENDITURES The income from the perpetual care fund shall be expended by the City Council in such manner as will, in its judgment, be most advantageous to the property owners as a whole The City Council is hereby given the full power and authority to determine upon what property, for what purpose and in chat manner the income from said perpetual care fund shall be expended, and it shall deem j advisable for the care, reconstruction, repair and maintenance of all or any portion of the Cemeteries' grounds, and, it may also a>pend said income for attorney's fees and other costs necessary to the preservation of the legal rights of the City 17-h AMOUNT OF DEPOSIT The amount of said perpetual care fund to be collected from the purchasers of Cemetery lots or burial spaces shall be set by the City Council for the various sections after taking into consideration the absence of varying numl-ers of monuments in any sections, the character of the irrigating system, the physical difficulties in character of soil and such other factors as tend to determine the necessary cost of the care of said lands, same to be paid to the City at the time of payment of the purchase price for any lot or burial space 17-i RFCORD OF PAYMENT INTO PERPETUAL FUND The record books of the City, and the receipt issued by the City shall show the amount of the perpetual care fund that has been required of the individual and set aside as hereinbefore stated in each case 17-j LOTS NOT NOW UNDER PIRPETUAL 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 being charged on other burial spaces of similar character or in similar location If any burial is made in a burial space on which the perpetual care. has not been paid, the perpetual care for such space shall be paid at the time of, or prior to burial 18 PRIVATF 'MEMORIALS Before any vault, tomb, sarcophagus, private mausoleum or columbarium is erected, the proprietor must deposit with the City a sum of money estimated by the City Council to be sufficient to yield an income for the proper care of such structure in perpetuity -15- 19 CENERAL CAPE 19-a LOTS NOT ORICINAILY SOLD WI11i PERPETUAL CARF General care will be given lots which were originally sold without perpctuzl care, in order that the general beauty of the Cemeteries may be maintained However, the City assumes no responsibility to maintain these lots in perpe- tuity Whenever any lot needs attention, lots having perpetual care shall in every case have preference 19-b CARE OF GENERAL CE11ETFRY PROPERTY The general care or maintenance of the Cemeteries' grounds, buildings, sprinkling s)stems, rocdways, drives, walks or paths, drains or other Cemetery property of a general nature shall be provided for in an annual appropriation derived from general City reverue 20 RULES FOR MMORIAL WORK IN CEMETERY SECTIONS 20-a PRODUCERS AND RETAIL DEALERS 1 Producers of monumental materials, meaning thereby quarriers, quarriers who also manufacture memorials, and manufacturers of memorials who are not quarriers, in order to procure the approval of the City, must agree to sell only first grade, clear stone for memorial purposes, and must 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 must agree that should such faults develop within five years from the date of setting, the memorial will be replaced without cost or delay to the City or the lot owner 2 Retail dealers to secure the approval of the City must agree to use only first grade stone from producers approved as provided in 20-a-1, and must guarantee the memorial to be executed in first grade workmanship, with the agreement that should faults develop with five years due to the setting, treatment or the handling of the same b) the memorial dealer, such memorial will be replaced without cost or delay to the City or to the lot owner 3 Letter cutters, persons or firms uho engage in the business of cleaning monuments, and who are not connected with established retail dealers already on the Ilst of approved retail dealers, and all other persons or firms must secure a permit from the Cemetery Superintendent before any cork in the Cemeteries is commenced In order to procure such a permit, it will be necessary for the person of firm to submit satisfactory evidence of their ability to properly perform the cork for vhich they have been engaged 4 Before retail dealers shall be permitted to erect any stones or do a- ) work in the Cemeteries, said retail dealer shall file with the Finance Director a good and sufficient bond or undertaking in the penal sum of $2,000 00 aith sureties thereon to be approved by the Finance Director which bond shall be conditioned that the principal thereof shall conform and comply with all the Ordinances of the City of Fort Collins and the Rules and Regulations governing Grandview and Roselawn Cemeteries, and that the principal will fully perform his guarantee covering the sale and erection of said memorial 5 Workmen employed in erecting or placing monuments or other structures, or bringing materials into the Cemeteries, shall, as to the City operate as independent contractorG, and must be under the general supervision of the Cemetery Superintendent -16- 6, Persons engaged in erecting monuments, or other structures, are prohibited from attaching ropes or other devices to monuments, trees or shrubs, and are prohibited from scattering their material or tools over ad3oining lots or from blocking roadways or walks, or from leaving their material or tools on the grounds longer than is absolutely necessary They must do as little irjury to the ground, trees and shrubs as is possible and must remove all debris and restore the ground to its original condition 7 Damage done to lots, walls, trees, shrubs, drives or other property, b the dealers or contractors or their agents shall be repaired by the City, and cost of such repair shall be charged to the dealer or the contractor or to his principal 8 No material, machinery or other thing for the construction of vaults, monuments or other structures, or the monuments or structures themselves shall be brought into the 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 time, nor shall such material be placed on lots adjoining the one on which such structure is to be erected, without special permission of the Cemetery Superintendent 9 Work shall proceed promptly until the erection of the memorial is completed 10 Whale a funeral or an interment service is being conducted nearby, all work of any description shall cease 11 Approaching the bereaved and soliciting memorial business within the Cemeteries is absolutely prohibited 12 Memorial dealers shall abide by the rules and regulations of the Cemeteries 13 Any retail dealer or producer who violates the rules and regulations of the Cemeteries will be removed from the list of approved retail dealers and producers 20-b MONUNFNTS AND MARKEPS IN GRANDI'IEW CEMETERY 1 No memorial or grave marker will be allowed on any burial space until the space has been fully paid for and the certificate of title has been delivered to the purchaser 2 Only one central or family memorial shall be allowed on a family lot 3 If more than one memorial is to be placed on a grave space, the second memorial must be made of granite, set flush with the ground directly in front of the main memorial, and it is not to exceed 1'8" x 0'8" x 0'4" in size In such cases, no vases or planting will be allowed in front of the second memorial 4 No lot owner Shall erect or place or cause to be erected or placed, on any lot in the Cemetery, any memorial in respect of which the Cemetery Superinten- dent disapproves 5 The area of the face of the memorial shall not exceed thirty percent (307) of the area of the lot The length of the base of the memorial shall not -17- i i c-,cced seventy five percent (75/) of the width of the lot The uldth of the b—e of the nemorial Ghall not exceed twenty perccnt (20/) of the length of the lot Any die or monolith shall have a thickness of at least eight inches 6 In flat marker sections, grave markers shall be of one piece of approved stone or bronze and shall not exceed two (2) feet in length or one (1) foot in width Double grave markers may be used and shall not exceed one (1) foot in width and four (4) feet in length 7 In Section T, markers shall be only flat granite set flush with the ground and shall not exceed one (1) foot eight (8) inches in length for a single matKer or three (3) feet in length for a double marker Only one (1) vase p,r S,iacc will be permitted 8 The bottom surface of all monuments or markers shall be cut level and true 9 While the City will exercise due care to protect raised lettering, carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims responsibility for any injury thereto ! 10 No coping, curbing, hedging, grave mounds, borders, enclosures of any kind or walks of any kind shall be allowed to be built or placed on any lot in the Cemetery The City reserves the right to remove the same without recourse, if so planted, erected or placed 11 The use of tiles, bricks, gravel crushed rock, oyster shells, cinders or other material on any lot in the Cemetery is strictly forbidden Any of these used may be removed by the City without notice to the lot owner 12 Temporary markers or ornaments shall not be used 13 Marble markers or monuments ahall not be allowed 14 All markers and monuments in Section 11 of Grandview Cemetery shall be flat bronze or flat granite type 15 In all sections other than Sections 11 or T, flat markers must be set at least four (4) inches above the ground The markers must be granite and shall not exceed two (2) feet in length or one (1) foot in width Double grave markers may be used and shall not exceed one (1) foot in width and four (4) feet in length 20-c MOMENT AND MARKERS AT ROSELAWN CEMETERY 1 No memoriai or grave marker will be allowed on any burial space until the space has been fully paid for and the certificate of title has been delivered -o the purchaser 2 If more than one memorial is to be placed on a grave space, the second memorial must be made of granite, set flush with t1e ground directly in front of the main memorial, and it is not to exceed 1 '8" x 0'8" x 0'4" in size In such cases, no vases or planting will be allowed in front of the second memorial 3 ho lot owner shall erect or place or cause to be erected or placed, on any lot in the Cemetery, any memorial in respect of which the Cemetery Superintendent disapproves -18- 4 In flat riarlcr sections, Apostles, Devotion, Chr3StuS, and Cood Shepherd, grave markers shall not exceed two (2) feet in length or one (1) foot in uidth Double grave markers may be used and shall not exceed one (1) foot in width and four (4) feet in length In any other areas where flats are allowed, they shall conform to same 5 In Section 1, the northern portion uill be for crypts and the southern portion uill be a veterans' section using four (4) inch above ground granite government markers only A good sized area will be used for the flag pole and cannon 6 In Sections 2 and 3, the area of the face of the memorial shall not exceed tuent) percent (20/) of the area of the lot The length of the base of the memorial shall not exceed seventy five percent (757) of the width of the lot The width of the base of the memorial shall not exceed tWtnt) percent (207) of the length of the lot Any die or monolith shall have a thickness of at least eight (8) inches 7 In Sections 4, 5, 7 and 8, above ground granite no higher than twenty two (22) inches will be allowed The length of the base of the memorial shall not exceed seventy five percent (757) of the width of the lot The width of the memorial shall not exceed twenty percent (207) of the length of the lot Any stone marker or memorial shall have a thickness of at least eight (8) inches 8 In Section 8, all grave spaces will be for the indigent 9 All markers and monuments in Section 6 of Roselawn Cemetery shall be flat bronze or flat granite type or above ground granite no higher than twenty two (22) inches 10 The bottom surface of all monuments or markers shall be cut le%el and true 11 While the City will exercise due care to protect raised lettering, carving or ornaments on any memorial or other structure on any lot in the Cemetery, it disclaims responsibility for any injury thereto 12 No coping, curbing, hedging, grave mounds, borders, enclosures of any kind or walks of any kind shall be allowed to be built or placed on any lot in the Cemetery The City reserves the right to remove the same without recourse, if so planted, erected or placed 13 The use of tiles, bricks, gravel crushed rock, oyster shells, cinaers or other material on any lot in the Cemetery is atrictly forbidden Any of these used may be removed by the City without notice to the lot owner 14 Temporary markers or ornaments shall not be used 15 Marble markers or monuments shall not be allowed 20-d DESIGN, FINISH AND WORKMANSHIP 1 memorial dealers shall be required to furnish for the approval of the Cemetery Superintendent, a blue print or sketch of the proposed memorial or marker, specifying size, location on lot, inscription, kind and quality of stone and the name of the producer supplying said stone -19- � 1 2 The Cemetery Superintendent shill hive the power to reject any plan or design for any memorial which on eccount of sire, design, inscription, or Lind or quality of stone, in his opinion is unsuited to the lot on uhich it is to be placed 3 No monument or grave marker will be permitted, which is cut in imitation of a log, stump or animal, or of any object which would itself not be allowed to remain in the Cemetery 4 The City reserves the right for the Cemetery Superintendent to stop all cork of any nature, whenever, in his opinion, proper preparations therefore have not been made, or when tools or na�hinery are insufficient or defective, or .hen cork is being executed in such a meaner as to threaten life or property, or when any reasonable request on the part of the Cemetery Superintendent has been disregarded, or when work is not being executed in accordance with speci- fications, or when any person employed on the work violates any of the Cemetery Rules and Regulations 5 The completed work is subject to the approval of the Cemetery Superinten- dent, and if unsatisfactory, it may be removed by the Cemetery Superintendent b All die stones shall be finished on at least the front surface 7 Photographing of memorials shall not be allowed except on signed order of the owner or Cemetery Superintendent 8 No memorial showing drill or tool marks, or straining from rubber mat used for sand engraving, shall be considered as first grade workmanship 20-d MATERIALS All memorials, markers or stonework of any kind shall be constructed from natural atone from quarries approved by the City No artificial stone of any kind shall be permitted, unless samples are submitted to the Cemetery Superintendent, in advance, and approved in writing by the Cemetery Super- intendent 20-e MAUSOLEUMS AND TOMBS 1 Mausoleums or tombs, either wholly or partially above ground, shall be constructed only in lots so designated and shall be built of first grade stone similar in ali respects to stone used in otner memorials in the Cemetery 2 Plans, specifications and location on the lot shall be subject to the approval of the Cemetery Superintendent 3 All parts of Vie mausoleum above -ound shall be of natural stone from approved producers 4 When an interment is made in a private mausoleum, the crypt access opening shall be properly sealed by an approved monument or mausoleum dealer -20- 1 • 7 20-f 10UNDATIONS 1 All foundations for memorials, marlcrs, niiusoleums, tombs, etc shill be installed by the City The charge for foundations shall be reasonable >_id uniform The City shall assume the responsibility for the proper construction of such foundations All foundations shall be built to a depth as specified by the Cemetery Superintendent and shall extend at le-ist four inches an all directions beyond the base of the memorial or mailer 2 Applications for foundations shall be made b) the burial space owner of record or his representative at the Ccmeter) Office All charges for the foundation shall be paid at the time the ppilration is made In addition, no monument or marker shall be delivered to the Ccnetery until these charges have been paid No monument or marlcr shall be delivcr�d to the Ce-nctery until the perpetual care on the grave space(s) has been paid Each monument or marker, upon delivery, shall first be checked by the Cemetery Superintendent During the summer months (June through September) no monument or msrk�r longer than three (3) feet or higher than two (2) feet shall be delivered to the Cemetery until a foundation has been poured and set-up for it 3 No foundation will be placed between May 27 and June 1 or during freezing weather 4 The City assumes no responsibility for the correct size and location that is given by the person ordering the foundation Any alterations required in any foundation shall be made at the expense of the person ordering the founda- tion 5 Base stones may vary from the size given uben the foundation is ordered but not to exceed one (1) inch in width or length If the base stone is more than one (1) inch larger than the size given when the foundation is ordered, the Cemetery Superintendent may refuse to allow such stone to be set until satisfactory arrangements have been made by the lot owner or his representative to correct the foundation 20-g MISCELLANEOUS 1 Should any memorial, mausoleum or tomb become unsightly, delapidated or a menace to the safety of visitors, the City shall have the right to either correct the condition or to remove the same, at the expense of the lot owner 2 No monument or marker sh 11 be removed from the Cemetery, except by the City, unless the written order or permission of the lot owner be presented to the Cit) and permission be granted by the City 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 purchzse of the same, the dealer, who sold the said memorial may obtain permission from the Cemetery Superintendent to remove the memorial from the Cemetery In the e%ent a memorial is removed by a memorial dealer, it shall be the duty of such memorial dealer to reimburse the City for the expense of returning the Cemetery lot to its original condition The City shall at no time be responsible or liable for the removal of any memorial and before granting permission for the removal of the same, may require a written guarantee or bond from th- person or dealer removing the same and in favor of the City, to protect and save the City harmless from any and all liability of whatsoever kind or nature -21- 21 -CFRTIFICATE OF IITLF 4`D IUSF RULES AQD REGULATIONS SOLE AGREEMFNT 21-a The certificate of o aersh.Lp of the lot and these rules and regulations and any amendments thereto a1 ^11 be the sole agrecmLnt by and between the City and the lot owner The reference to these rules and regulations in the certi- ficate of title of a lot or burial space shall have the sane force and effect as if these rules and regulations were set forth in full therein 21-b Any lot owner has the right to appal to the City Manager on any decision made by the Finance Diiector or Cemetery Superintendent 22 EXCEPTION'S A%D MODIFICALIO\S 22-a Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship The City Council therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of these rules and regulations, when, in its judgement, the same appear advisable, and such temporary exceptions, suspensions or modifications shall in no way be construed as effecting the general application or enforcement of such rules or regulations 22-b AMENDMENTS The City may, and it hereby expressly reserves the right, at any time or times, to adopt new rules or regulations, to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these rules or regulations Such new or amended rules and regulations shall be bindinb on the o. ners of all lots or burial spaces regardless of the date such owner acquired title 23 ADOPTION These rules were adopted by the Fort Collins City Council in regular session, -22-