Grant Fairview Cemetery Rules and Regulations (REVISED MARCH 2022)

GRANT FAIRVIEW CEMETERY RULES AND REGULATIONS

INTRODUCTION

The founders of the Grant Fairview Cemetery, with a broad vision of the future City of Grant, wisely selected the present large Cemetery site and laid out upon its flat plains, a plan for the future Cemetery so complete in every detail that it has scarcely been modified in the succeeding years.

Grant Fairview Cemetery is owned and operated by the City of Grant, Nebraska and is governed by the Grant Fairview Cemetery Board.

Grant Fairview Cemetery is regarded as one of the most beautiful cemeteries in this section of the state, and every lot/space owner should be interested in knowing that everything possible is being done to enhance its sacredness and beauty throughout the future years.

In order to accomplish this, it has been necessary to adopt certain Rules and Regulations governing the Grant Fairview Cemetery and to enforce them, since deviation from the Rules would jeopardize the perpetuity and beauty of the Grant Fairview Cemetery.  We trust that lot/space owners will appreciate the fact that these Rules are adopted for their protection, and they will at all times cooperate with the City in their observance.

RULES AND REGULATIONS

For the mutual protection of every lot/space purchased, these Rules and Regulations are hereby adopted as the Rules and Regulations of the Grant Fairview Cemetery, hereinafter may be referred to as (“Cemetery”), and all property owners and visitors within the Cemetery and all lots/spaces sold, shall be subject to said Rules and Regulations, and subject, further to such Rules and Regulations, amendments, or alterations as shall be adopted by the City of Grant from time to time; and the reference to these Rules and Regulations in the certificate of ownership of lots/spaces shall have the same force and effect as if set forth in full therein.

1. DEFINITIONS

1. “Block” shall be defined as and refer to a general but specific area in the Cemetery.  The Block is broken down into Lots.

2. “Lot” shall be defined as and refer to a general but specific area within a Block that are generally in rows or sections.

3. “Space” shall be defined as and refer to the intended area within the Lot that is intended to be used or is used for burial of a deceased person or as a memorial for the deceased.  A Space shall not be used for any other purpose than as a place of burial for the deceased or as a memorial for the deceased.

4. “Memorial” shall be defined as a monument, marker, and/or headstone.

5. “Monument” shall be defined as a Memorial typically constructed of an approved material, which shall extend above the surface of the ground that serves to mark the location and inhabitant of a Space, refer to Section IX, Subsection C, unless otherwise specified.

6. “Marker” shall be defined as a Memorial, typically constructed of an approved material, that serves to mark the location and inhabitant of a Space.

7. “Headstone” shall be defined as a flat Monument placed at the head of the space typically constructed of an approved material, that serves to mark the location and inhabitant of a Space.

8. “Footing” or “Foundation” shall be defined as a slab, of concrete or granite, that serves as a structural foundation on which a Marker, Monument, and/or Headstone, is placed.

1. “City of Grant” or “City” shall be defined as and refer to the governing body consisting of the Mayor and City Council and/or the City Superintendent of the City of Grant.  The authority granted in these rules and regulations may be delegated to the Cemetery groundskeeper or the Cemetery Board as the City sees fit.

10. The “Cemetery Board” is an appointed board by the Mayor and City Council as defined in the City of Grant Revised Municipal Code who advises the City on issues concerning the Cemetery.  The City owns and manages the Grant Fairview Cemetery pursuant to the City of Grant Revised Municipal Code and Nebraska law.

11. “Cemetery” shall refer to the Grant Fairview Cemetery, located at 32720 HWY 23, Grant, NE 69140.

12. “Resident” is defined as any individual who at the time of purchase resides within the City Limits of the City of Grant.

13. “Non-Resident” is defined as any individual who at the time of purchase resides outside the City Limits of the City of Grant.

14. “Child” is defined as an individual who had not yet reached the age of sixteen (16) years old.

15. “Regular Hours” are defined as Monday through Friday, 7 A.M. to 4 P.M. MT.

16. “After Hours” are defined as Monday through Friday, anything after 4 P.M. and before 7 A.M. MT.

17. “Weekends” are defined as all day (12:00 A.M. MT through 11:59 P.M. MT) Saturday and all day (12:00 A.M. MT through 11:59 P.M. MT) Sunday.

18. “City Office” shall refer to Grant City Offices located at 342 Central Avenue, Grant, NE 69140.

19. “Holidays” are defined as the twenty-four (24) hour period of the holiday described below beginning at 12:00 A.M. MT and ending at 11:59 P.M. MT, as observed by the State of Nebraska, or such other days as determined by the Mayor of the City of Grant:

New Year’s Day -------------------------------------------------------------------------------------------January 1^st

Martin Luther King Jr. Day -----------------------------------------------------------Third Monday in January

President's Day-----------------------------------------------------------------------Third Monday in February

Arbor Day-----------------------------------------------------------------------------------------Last Friday in April

Memorial Day---------------------------------------------------------------------------------Last Monday in May

Juneteenth---------------------------------------------------------------------------------------------------June 19^th

Independence Day--------------------------------------------------------------------------------------------July 4^th

Labor Day----------------------------------------------------------------------------First Monday in September

Columbus Day-----------------------------------------------------------------------Second Monday in October

Veteran's Day---------------------------------------------------------------------------------------November 11^th

Thanksgiving Day---------------------------------------------------------------Fourth Thursday in November

Day after Thanksgiving-------------------------------------Friday after Fourth Thursday in November

Christmas Day----------------------------------------------------------------------------------------December 25^th

When a holiday falls on the first day of a weekend, it shall be observed on the preceding day.  When a holiday falls on the second day of a weekend, it shall be observed on the following day.

2. SPACE / GRAVE OWNERSHIP

1. SPACE OWNERSHIP

Cemetery spaces are available for purchase at the City Office during normal business hours.  A map is kept relatively current identifying the availability of spaces and an attempt is made to keep the ownership of spaces current.  The purchase price as well as the recording fees are kept current at the City Office.  No person can purchase more than 4 spaces in the Grant Fairview Cemetery.

2. TRANSFER OF SPACES

The recording fee plus any handling charges the City imposes by resolution must be paid to the City when a transfer is made.

3. GENERAL SUPERVISION OF CEMETERY

The City owns, manages, and operates the Grant Fairview Cemetery.  It has the final determination of all matters related to the Cemetery and reserves the right to refuse the use of any of the Cemetery facilities at any time to any person or persons whom the City may deem objectionable or against the best interests of the Cemetery and its intended use.

1. SUPERVISOR IN CHARGE OF FUNERALS

All funerals at the Cemetery shall be under the control and charge of a person authorized by the City.

2. CASKETS NOT TO BE DISTURBED

Once a casket containing a body is within the confides of the Cemetery, no funeral director, nor his embalmer, assistant, employee, or agent, shall be permitted to open the casket or touch the body without the written consent of the legal representatives of the deceased, or without a court order.

3. MEMORIAL, MONUMENT, MARKER, AND/OR HEADSTONE PLACEMENT VERIFICATION

Before any person or crew sets a memorial, monument, marker, and/or headstone, the City must approve said memorial, monument, marker, and/or headstone to verify the memorial, monument, marker, and/or headstone and the placement of such meets the Cemetery rules and regulations.

4. INTERMENTS AND DISINTERMENT’S GENERALLY

1. SUBJECT TO LAWS

Besides being subject to these rules and regulations all interments and disinterment’s are made subject to the orders and laws of the properly constituted authorities of the City, County, State of Nebraska, and Federal Government.

2. TIME AND CHARGES

All payments for interments and/or disinterment’s must be made at the time and in the manner and upon such charges as fixed by the City of Grant.  Charges for the Cemetery services must be paid at the time of issuance of order of interment or disinterment.

3. CEMETERY CHARGES

All charges for interments, disinterment’s, sale of lots/spaces, and for maintenance and services at the Cemetery are set by resolution of the City and are available at the City Office.   Arrangements for payments should be made with the City Treasurer and/or City Superintendent during normal business hours.

4. HOLIDAYS

Interments and/or disinterment’s or the services related to such are not normally permitted on New Year’s Day, Martin Luther King Jr. Day, Presidents Day, Arbor Day, Memorial Day, Juneteenth, Fourth of July, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving, the day after Thanksgiving, Christmas Eve, Christmas Day, and the day after Christmas if Christmas falls on a Friday.  In the rare event that interment, disinterment, and/or the services related to such has to take place on a holiday it shall be charged at a different rate.

5. AUTHORIZATION OF INTERMENT BY IMMEDIATE FAMILY

The Interment may proceed for any member of the immediate family of a recorded lot/space owner(s) upon their verbal and/or written authorization to the City Clerk.  No other person may be interred without prior verbal and/or written approval.

6. ORDERS GIVEN BY TELEPHONE

The City shall not be held responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular block, Lot, or space where interment is desired.

7. ERRORS MAY BE CORRECTED

The City of Grant reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterment’s, or in the description, transfer, or conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the city, or in the sole discretion of the city, by refunding the amount of money 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, and shall have, 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.

5. INTERMENTS

1. INTERMENT; NOTICE

The right is reserved by the City to insist upon at least twenty-four (24) hours’ notice prior to any interment.   When the day of interment follows a Sunday, or any other legal holiday forty-eight (48) hours’ notice is needed prior to any such interment.

2. APPLICATION FOR INTERMENTS

Applications for interment and the sale of lots must be made at the City of Grant Offices.  Morticians and/or Funeral Directors are not permitted to sell Cemetery lots.

3. LOCATION OF INTERMENTS

When instructions regarding the location of any interment space in a lot cannot be obtained or are indefinite, or when for any reason the interment space cannot be opened where specified, the City may in their discretion open it in such location in the lot as it deems best and proper, in order to prevent delay of the funeral; and the Cemetery shall not be liable in damages for any error so made.  Typical interment of remains are handled as follows:

Full interments shall be interred centered within the space with the head of a full interment on the west side of the owned space and limited to one (1) full interment per space.  The interment of cremains shall be interred as far west within the owned space as possible so long as not to impeded with any planned or placed monument.  Cremains shall be interred side by side with one (1) interred cremain centered on the north side of the space and one (1) interred cremain centered on the south side of the space and is limited to two (2) cremains per space.

4. FULL INTERMENT AND CREMAINS REQUIREMENTS

No full interments shall be permitted in the Cemetery except those enclosed in metal or concrete burial vaults, and the top of them must be at least two feet below the surface of the ground.  Cremains do not require a vault however they must be buried in a supportable container which can withstand burial.  Substitute boxes and vaults must have written permission of the City before use will be permitted.  For infant burials only, vault and casket combination units may be permitted if approved by the City.  In order to preserve the beauty and uniformity of the Cemetery, no space shall be covered with anything other than dirt.   No cement, stone, granite, marble, or artificial substance may be used for the covering of any space.

5. INTERMENT OF MORE THAN ONE BODY

Only one (1) full interment shall be made in a single space, except in the cases of mother and child, twin children or two children, buried at the same time, cremated remains, or multiple burials of human embryonic remains (pre-fetus stage) all of which must be acknowledged by the City.  Only two (2) cremains are allowed per space.

6. DELAYS IN INTERMENTS CAUSED BY PROTESTS

The Cemetery shall in no way be 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.  The City shall be under no duty to recognize any protest of interments unless it is in writing and filed at the Grant City Offices.

7. NO INTERMENT PERMITTED UNLESS PROPERTY PAID FOR

No interment shall be permitted, or memorial placed in or on any property not fully paid for, and the purchaser of a lot shall not have any rights in or to such lot until the purchase money shall have been fully paid.

8. INTERMENT OF PETS

No interment of pets shall be allowed in the Grant Fairview Cemetery.

6. DISINTERMENT’S

1. DISINTERMENT’S; NON-CREMAINS; NOTICE AND APPLICATION

The right is reserved by the City to insist upon at least one (1) weeks’ notice to the City prior to any non-cremains’ disinterment.  Disinterment of non-cremains may be made only with written consent of one of the following:  the City, the State Government, the Federal Government, the owner or owners of the Cemetery lot/space, and the surviving wife or husband, children, or parents of the deceased.  The duly authorized personal representatives acting under court authority may apply where the proceedings of owners and/or next of kin are nonexistent or unavailable.  Any disinterment of non-cremains which is the subject of objection or disagreement among the surviving next of kin will be allowed only upon written court order.  All applications for disinterment of non-cremains must be accompanied by the proper legal authorization including, if applicable, a Disinterment Permit issued by the Nebraska State Department of Health and notarized consent forms executed by the proceeding named parties and delivered to the City.  All disinterment of non-cremains will be made under the supervision of a licensed embalmer and/or funeral director.  When a disinterment of non-cremains is being made, no one shall be present except a licensed embalmer, a funeral director, the City and/or its assigns, duly empowered officers of the law, persons acting under authority of court orders, surviving wife or husband, children and parents of the deceased, and duly authorized personal representatives.  The City reserves the right to refuse to make or to receive the request of disinterment of non-cremains at any time throughout the calendar year.

2. DISINTERMENT’S; CREMAINS; NOTICE AND APPLICATION

The right is reserved by the City to insist upon at least one week's notice to the City prior to the disinterment of cremains.  Disinterment of cremains may be made only with written consent of one of the following:  the City, the State Government, the Federal Government, the owner or owners of the Cemetery lot/space, and the surviving wife or husband, children, or parents of the deceased.  The duly authorized personal representatives acting under court authority may apply where the proceedings of owners and/or next of kin are nonexistent or unavailable.  Any disinterment of cremains which is the subject of objection or disagreement among the surviving next of kin will be allowed only upon written court order.  All disinterment of cremains will be made under the supervision of a licensed embalmer and/or funeral director.  When a disinterment of cremains is being made, no one shall be present except a licensed embalmer, a funeral director, the City and/or its assigns, duly empowered officers of the law, persons acting under authority of court orders, surviving wife or husband, children and parents of the deceased, and duly authorized personal representatives.  The City reserves the right to refuse to make or to receive the request for disinterment of cremains at any time throughout the calendar year.

1. Request for the disinterment of cremains shall be in writing and shall only be limited to the first 24 months after the interment of the cremains.  Every effort shall be made to locate the interred cremains however in rare circumstances sometimes the cremains may not be able to be located, in which case the requestor shall be notified by the City Clerk that no cremains were able to be located via one of the following methods:  phone, email, first class mail, and/or certified mail.

3. REMOVAL FOR PROFIT PROHIBITED

Removal by the heirs of a deceased body remains or cremated remains so that the lot/space may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the original lot owner, is repugnant to the ordinary sense of decency and is absolutely forbidden.

4. CARE IN REMOVAL

The Cemetery shall exercise due care in making any disinterment but shall assume no liability for damage to a body, casket, burial case, or urn in making the disinterment.

7. LOT INALIENABLE BY INTERMENT

1. CONDITIONS WHEREBY LOT BECOMES INALIENABLE

A lot transferred by deed or certificate of ownership to an individual owner becomes inalienable and shall be held as a family lot of the owner when:

1. 1. An interment of the remains of a member or of a relative of a member of the family of the record owner, or the remains of the record owner is made, and

1. 2. The lot is not held in joint tenancy and the owner dies without making disposition of the lot either in his or her will, by specific devise, or by a written declaration filed and recorded with the City Clerk.

2. JOINT TENANTS

1. 1. A conveyance to two or more persons as joint tenants gives each joint tenant a vested right of interment in the lot conveyed.  On the death of a joint tenant, the title to the lot held in joint tenancy immediately vests in the survivor(s), subject to the vested right of interment of the remains of the deceased joint tenant.

1. 2. An affidavit by any knowledgeable person establishing the death of one joint tenant and the identity of the surviving joint tenants named in the deed to any lot, when filed with the City Clerk, is complete authorization to the City to permit the use of the unoccupied portion to the lot in accordance with the directions of the surviving joint tenants or their successors in interest therein.

3. DESCENT OF LOT TO HEIRS

If no interment is made in an interment lot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously interred are lawfully removed, on the death of owner, unless he or she has disposed of the lot either in his or her will by a specific devise, or by creating a joint tenancy, that has or shall be filed and recorded in the office of the City Clerk, the lot shall descend to the heirs at law of the owner according to the law of intestate succession, subject to the rights on interment of the decedent and his or her surviving spouse, if any.  Any surviving husband or wife, and any parent, child, or heirs of such deceased owner, may waive his or her right to interment of the decedent and his or her surviving spouse, if any.  Any surviving husband or wife and any parent, child, or heirs of such deceased owner may waive his or her right to interment in the said lot in favor of any other relative of such deceased owner, or his or her spouse, and upon such waiver, the body of the person in whose favor the waiver is made may be interred therein.  Such waiver of rights of interment must be executed on an approved and notarized letter given to the Grant City Clerk.  Either devisees or heirs of the owner may by a written, court-approved agreement, determine who among them shall have the right of interment, which agreement shall be filed with the Grant City Clerk.

4. CONSENT OF CITY

Owners shall not allow interments to be made in their lots for a remuneration, and no transfer or assignment of any lot, or interest therein, shall be valid without the consent in writing of the City first and endorsed upon such a transfer or assignment, and thereafter being recorded on the books of the Cemetery.  In the event the Owner, or Owners, of any unoccupied lots/spaces desire to dispose of the same, the City shall have first option to repurchase the same from the owner or owners thereof.  The City will pay to the Owners the original purchase price paid for the lot/spaces less the filing fee recorded.

5. TRANSFER OF ALL DEEDS

The recording fee plus any handling charges the City imposes by resolution must be paid to the City prior to any transfer.

6. OWNERSHIP RIGHTS OF INTERMENT

The term 'Lot/Space Owner' or 'Ownership' shall be construed to mean the right to use a lot/space or part of a lot/space, as purchased from the City of a consideration for burial purposes only and under the existing or subsequent rules and regulations as prescribed by the City for such use.  Upon full payment of the purchase price of a lot/space, the City will issue a Cemetery deed under its seal, and the deed will be recorded in the records of the City and County as evidence of ownership of the lot/space.  Lots or fractional lots, for which lot deeds have been issued by the City, will not thereafter be divided except by consent of the City.  All lots/spaces are exempt from taxation and cannot be seized for debt (except those owed to the City), nor may they be mortgaged.  In the event the owner, their devisees or heirs have not arranged for future interments, then the devisees or the heirs, as the case may be, of such owner shall have the right of interment in the order of their need.  All burial rights in Cemetery lots/spaces purchased from the City occupy the same position as real estate at the death of the owner.  Only those persons shown on the Cemetery records of the City will be recognized as owners or part owners of lots/spaces.  In case of the death of a lot/space owner, when the remaining spaces of a Cemetery lot are disposed of by will, a certified copy of the will must be delivered to the City Clerk before the City will recognize the change in ownership.         If the deceased lot/space owner left no will, a certified copy of the proof of heirship made in the Probate Court must be presented.  In either event, a certified copy of the court-approved schedule of distribution shall also be filed with the Clerk.  Lot/space owners in making their wills should include the Cemetery lot/space.  The title to a Cemetery lot/space vests in the owner the right to use such lot for the sole purpose of interment, for themselves, their heirs, or for any such persons as they may choose to admit, provided such admission is free of charge and without compensation and in accordance with the Cemetery Rules and Regulations.

7. ABANDONMENT OF LOTS

The ownership or right in or to an unoccupied Cemetery lot, space, part of lot, lots, or parts of lots, in the Cemetery shall, upon abandonment revert to the City.  The determination of abandonment and procedures associated therewith shall be as provided by §12-701 and §12-702, Neb. Rev. Stat.

1. 1. 12-701 Abandonment; failure to maintain; presumption; reversion; notice; service.

(1) The ownership of or right in or to an unoccupied cemetery lot or part of a lot in any cemetery in the state shall, upon abandonment, revert to the city, village, township, or cemetery association having the ownership and charge of the cemetery containing such lot or part of a lot.  The continued failure to maintain or care for a cemetery lot or part of a lot for a period of ten years shall create and establish a presumption that the same has been abandoned.  Abandonment shall not be deemed complete unless, after such period of ten years, there shall be given by the reversionary owner to the owner of record or, if he or she be deceased or his or her whereabouts unknown, to the heirs of such deceased person, as far as they are known or can be ascertained with the exercise of reasonable diligence, or to one or more of the near relatives of such owner of record, whose whereabouts are unknown, notice declaring the lot or part of a lot to be abandoned. This notice shall be served as provided by subsection (2) of this section.

(2) The notice, referred to in subsection (1) of this section, may be served personally upon the owner or his or her heirs or near relatives or may be served by the mailing of the notice by either registered or certified mail to the owner or to his or her heirs or near relatives, as the case may be, to his, her, or their last-known addresses. In the event that the addresses of the owner and his or her heirs and near relatives are unknown or cannot be found with reasonable diligence, the notice of such abandonment shall be given by publishing the same one time in a legal newspaper published in and of general circulation in the county or, if none is published in the county, in a legal newspaper of general circulation in the county in which the cemetery is located.

2. 12-702 Abandonment; presumption; rebuttal by notice; sale authorized; proceeds; disposition.

If within one year from the time of serving or publishing the notice referred to in section 12-701, the record owner or his heirs or near relatives shall give the reversionary owner, referred to in subsection (1) of such section, notice in writing that in fact there has been no such abandonment and shall pay the cost of service or publication of the notice of abandonment, then a presumption of abandonment shall no longer exist. In case abandonment has been complete as hereinbefore provided, the reversionary owner of the abandoned lot, part of lot, lots, or parts of lots may sell the same and convey title thereto.  Any funds realized from the sale of such lot, part of lot, lots, or parts of lots shall constitute a fund to be used solely for the care and upkeep of the used portion of such lot, part of lot, lots, or parts of lots and for the general maintenance of such cemetery.

8. SUBDIVISION OF LOT

1. MAY NOT SUBDIVIDE LOTS

The subdivision of lot(s) is not allowed, and no one shall be buried in any lot/space not having any interest therein, except by written notarized consent of all parties interested in such lot/space; provided however, a relative of any record owner may be buried in said lot/space as provided in these rules or in the laws of the state.

9. MONUMENT, MARKER, HEADSTONES, FLAT STONES, AND/OR VAULT REGULATIONS

1. GENERAL REQUIREMENTS

1. No private mausoleums or columbarium’s may be erected in the Cemetery without prior written approval from the City that approves the location, construction, and ground area to be covered.

2. Spaces between memorials must allow for a mower to easily pass or must be filled in with concrete not above ground level.

3. All memorials must be centered along the west two feet of the lot line.

4. Ornamental, yard, or other display decorations are NOT allowed to take the place of a memorial in the Cemetery.

5. A hole MUST be provided in the base or headstone of any memorial that is intended to display flags.  Any flag but the American Flag must be approved by the City prior to display.

6. Foundations/bases for memorials, markers, and/or headstones must be approved by the City.

7. All cement and dirt must be placed in the spot designated by the City.

8. No forms for memorials, markers, and/or headstone bases/foundations are allowed after their usage is complete.

9. Burial vaults ARE required in the Cemetery for all non-cremain burials, which shall be below ground.

10. No concrete ground cover shall be allowed over any lot/space.

10. MONUMENT REQUIREMENTS

1. All monuments must meet the following requirements (except as defined in B of this section):

1. 1-inch Maximum Wash/Base Height

2. 26-inch Maximum Base Width

3. 48-inch Maximum Height (As measured from the top of the foundation/footing to the peak of the Monument.)

4. Length – Must not exceed the confines of the lot/space

2. All Monuments in Block 3, Lots 1-3, 16-18 and Block 14, Lots 1-3, 16-21 shall not exceed one (1) inch above ground level (so that a mower can be driven over it without damaging the stone) with a base width of twenty-six (26) inches.

3. All monuments, markers, and/or headstones shall be constructed of natural stone of a quality approved by the City.  No artificial stone of any description shall be permitted.

4. Monuments may contain a maximum of two (2) urns so long as they are contained within the confines of the monument as defined above.

5. Permanent flower containers shall be constructed of concrete, steel, brass, or other approved durable materials.  Containers constructed of fragile materials such as glass, paper, or plastic will not be allowed for permanent flower arrangements.  ALL PERMANENT FLOWER CONTAINERS SHALL BE A PART OF THE MONUMENT, MARKER, HEADSTONE, AND/OR ITS FOUNDATION, AND MAY NOT EXTEND IN THE FRONT OR REAR OF THE MONUMENT, MARKER, AND/OR HEADSTONE, BUT MAY BE PLACED ON EITHER SIDE OF THE MONUMENT SO LONG AS NOT TO EXCEED THE 26-INCH MAXIMUM BASE WIDTH AND IS CONFINED WITHIN THE LENGTH OF THE SPACE.

6. As allowed by law, the City may remove or repair any monument, curbing, marker or other property placed or located on any burial lot/space in the cemetery if next of kin cannot be located, except metal markers provided for war veterans as provided in Nebraska Statute Section 80-107, which has become unsightly, dilapidated or decayed if the owner or owners of record, or their next of kin, shall fail to do so within thirty days after legal notice is given.  Metal markers provided for veteran’s spaces may be moved onto the memorial, marker, and/or headstone for permanent placement.

11. DONATIONS

1. The City of Grant will accept all applicable donations to the Cemetery that adhere to the Gift/Donation Policy as set forth in Resolution 22-02-02.

12. FLAGPOLES

1. Any flagpoles that are to be erected after the adoption of these revised rules and regulations either at the request of the City, via donation, or by the lot owner, may formally submit a request to be reviewed and approved by the City Superintendent at their earliest convenience.  This request must have a map of the requested location of the new flagpole.

2. If a patron wishes to place a memorial plaque on a perspective flagpole, they may do so by submitting a formal request to be reviewed and approved by the City Superintendent at their earliest convenience.

13. CONTROL OF WORK BY CITY

1. WORK TO BE DONE BY CITY

All improvements of any kind, care on all blocks, lots, and/or spaces, including but not limited to grading, landscape work, the planting, care, and/or removal of all trees, shrubs and herbage of any kind, and all interments and disinterment’s shall be made only be the City or its assigns.  Plantings of any kind on any block, lot, and/or space will not be permitted without expressed written and/or verbal consent of the Cemetery Board.

2. CITY MUST DIRECT AND MAY REMOVE IMPROVEMENTS

All improvements or alterations of individual property in the Cemetery shall be under the direction of, and subject to the consent, satisfaction and approval of, the City, and should said improvements or alterations be made without written consent, the City shall have the right to remove, alter or change such improvements or alterations at the expense of the lot/space owner, or, in any event, if at any time, in the judgment of the City, they become unsightly to the eye.  Only one above ground marker may be placed upon any single space within any given lot, in areas where upright memorials are allowed, except that two markers may be allowed on one space upon prior City approval.  Foundations for memorials or markers must be specifically approved by the City.

14. DECORATIONS OF LOTS

1. TREES, SHRUBS AND FLOWERS

All landscaping, including planting of trees, shrubs, and flowers will be done by the City or its assigns, but lot/space owners are urged to feel free to consult the City regarding matters pertaining to the general beautification, care, and maintenance of lots/spaces in the Cemetery.  Existing individual lot/space plantings may be removed by the City when they become unsightly or undesirable and may not be replaced.  In years prior, indiscriminate planting of trees, shrubs, and flowers in the Cemetery was customary practice.  This was acceptable when the Cemetery was small and cared for largely by individual lot/space owners.  As the Cemetery grew in size and lot/space owners passed away or migrated to other localities, care and maintenance was left increasingly to the City.  In time this became a problem of increasing proportions for the City from the standpoint of finances and labor required to do the job and overall landscape appearance.  A growing tendency has developed through maintaining the Cemeteries problems and desire by lot/space owners, to concentrate Cemetery plantings in the hands of the City with a much nicer appearance and a better maintained Cemetery as a result.  Sentiment is a definite part of a Cemetery, and most people want to "do" something in memory of departed loved ones.  This is a natural and commendable desire.  Consequently, a provision is made whereby this expression may be made through a fund to which anyone may contribute.  To the extent to which this fund is subscribed, it will be used to provide overall landscape effects not otherwise possible.

2. FLORAL REGULATIONS

The City and or its assigns shall have authority to remove all floral designs, flowers, weeds, shrubs, plants, or herbage of any kind, from the Cemetery as soon as, in the sole judgment of the Cemetery Caretaker, they become unsightly, dangerous, detrimental, or deceased, or when they do not conform to the standards maintained.  The City shall not be liable for floral pieces, baskets, or frames in which, or to which, such floral pieces for funeral services held in the Cemetery.  The City shall not be liable for lost, misplaced, or broken flower vases, or for plantings damaged by elements, thieves, vandals, or for other causes beyond its control.  Glass containers for flowers or wire used for anchoring or stabilizing decorative materials are extremely dangerous to visitors, and to Cemetery workers using modern mowing and spraying equipment, and the use of wire or glass or other shatterable materials is strictly forbidden.

3. FROM APRIL 1 TO NOVEMBER 1

ONLY ARTIFICIAL BOUQUETS AND CUT FLOWERS WILL BE PERMITTED AS LOT/SPACE DECORATIONS DURING APRIL 1 TO NOVEMBER 1 OF EACH YEAR WITHIN THE CONFINES OF THE MEMORIAL, MARKER, HEADSTONE, AND/OR BASE/FOUNDATION.  Exceptions to the dates listed above are EASTER, MOTHER'S DAY, FATHER'S DAY, MEMORIAL DAY, and VETERAN’S DAY.  At these excepted times, other appropriate decorations may be used for one week (7 days) only (e.g., boxes, potted plants, wreaths, etc...) such decorations will be picked up one week (7 days) after the above excepted day(s).  Artificial floral bouquets and cut flowers may be placed in the approved type vases during the entire year but may be removed when the flowers become withered, faded, or unsightly.  The City reserves the right to regulate the method of decorating lots/spaces so that a uniform beauty may be maintained.

4. FROM NOVEMBER 1 TO APRIL 1

Any appropriate winter decorations may be used such as but not limited to:  wreaths, burial blankets, artificial flowers, etc.  All Christmas flowers and decorations will be removed no later than March 15.  Digging of holes on lots/spaces, or the mutilation of sod for any reason is specifically forbidden.  Artificial floral bouquets and cut flowers may be placed in the approved type vases during the entire year but may be removed when the flowers become withered, faded, or unsightly.  The City reserves the right to regulate the method of decorating lots/spaces so that a uniform beauty may be maintained.

5. ALL DECORATIONS IN GENERAL SHALL BE A PART OF THE MONUMENT, MARKER, HEADSTONE, AND/OR ITS FOUNDATION, AND MAY NOT EXTEND IN THE FRONT OR REAR OF THE MONUMENT, MARKER, AND/OR HEADSTONE AREA.

15. WHY DECORATIONS MUST BE REGULATED

1. 1. The Grant Fairview Cemetery is the final resting place for thousands of our loved ones.  To ensure their continued care and an aesthetically pleasing environment certain regulations must be adhered to in order to ensure the quality of the Cemetery.  We do not wish to displease anyone.  Quite the contrary, we want to make your Cemetery pleasing to everyone and we feel sure that these rules will provide a much more beautiful and comforting place in which to come and pay your respects.  Without uniform regulations, which are established for the good of all patrons, it would be impossible to maintain a beautiful Cemetery.

1. 2. We thank you for your cooperation.  A WORD OF CAUTION...  A few examples of problems beyond our control are high winds and theft of flowers from the vases.  Sometimes flowers are missing due to these reasons.  The City will prosecute anyone found guilty of stealing decorations.

16. ROADWAY AND REPLATING.

1. 1. The City has the right to replat, regrade, and use all Cemetery property.  The right to enlarge, reduce, replat and/or change the boundaries or grading on any area of the Cemetery, 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 thereby expressly reserved.  The right to lay, maintain, and operate, or alter or change pipelines and/or gutters for sprinkling, irrigations, drainage, etc. is also expressly reserved, as well as is the right to use the Cemetery property, not sold to individual lot owners, for Cemetery purposes.  The City reserves to itself and to those lawfully entitled thereto, shall have a perpetual right of ingress and egress over all blocks/lots for the purpose of passage to and from other blocks/lots.

17. GENERAL RULES

1. No easement or right is granted to any lot owner in any road, drive, alley, or walk within the Cemetery but such road, drive, alley, or walk may be used as a means of public access to the Cemetery or buildings as long as the City devotes it to that purpose.

2. Children under fifteen (15) years of age shall not be permitted in the Cemetery, or its buildings, unless said minor is accompanied by proper persons to take care of them.

3. The City office shall be open from 7:00 a.m. to 4:00 p.m. Monday through Friday.  The City office is closed on Saturdays, Sundays, and all State holidays.  The Cemetery grounds shall be open from dawn to dusk seven (7) days a week.

4. Cemetery roads, drives, alleys, or walkways may be used by lot/space owners and persons to access the Cemetery for its proper usage.  The maximum speed limit within the Cemetery is fifteen (15) miles per hour.  Vehicles are not allowed to block the roadways unless directed to park for attendance at a funeral.

5. Loud talking or noise making is not permitted at the Cemetery.

6. Firearms are not permitted within the Cemetery grounds except for military services.

7. Loitering is not permitted at the Cemetery.

8. Littering, gun shells, weapons, golf balls or any other objects that could become projectiles during mowing or which are not reasonably or normally used in a Cemetery are prohibited in all areas of the Cemetery.

1. No memorial, monument, marker, and/or headstone may be raised or moved without approval of the City.

10. Foot markers are not allowed in the Cemetery.

11. No burial or memorial is permitted for animals or pets at the Cemetery.

12. All persons are prohibited from taking flowers, either natural or artificial, plants or ornaments from lots/spaces without special permission from the lot/space owner or the City.

13. Animals and pets are not permitted at the Cemetery.

14. Spreading of cremains is prohibited in the Cemetery.

15. No person shall be permitted to consume alcoholic beverages within the Cemetery.

16. No religious test shall be made concerning the ownership of lots, the burial therein or the ornamentation of lots/spaces.

17. The throwing of rubbish when cleaning lots/spaces and not using the trash barrels provided is prohibited.  If litter is thrown on anyone’s lot/space or other ground belonging to the City, violators will be subject to a fine.

18. No lot/space owner shall offer money to any employee for special care of said lot.  Any employee found to have accepted money for special care will be dismissed.

19. Flowers and floral decorations on new interments will be left for a period of seven (7) days following the interment, then removed and disposed of.

20. All permanent flower containers shall be constructed of concrete, steel, brass, or other approved durable materials.  Containers constructed of fragile materials such as glass, paper, or plastic will not be allowed for permanent flower arrangements.  All permanent flower containers shall be a part of the memorial, monument, marker, headstone, and/or its foundation/base and may not extend in the front of or rear of the memorial, monument, marker, headstone, and/or its foundation/base.

21. All memorials, monuments, markers, and/or headstones shall be constructed of natural stone of a quality approved by the City.  No artificial stone of any description shall be permitted.

5. No 'for sale' signs may be placed anywhere on the Cemetery grounds.

23. Peddling of flowers or plants, or soliciting the sale of any commodity, other than by employees of the City under its direction, is prohibited within the Cemetery.  Solicitation of any kind is strictly forbidden at any time in or around the Cemetery without the approval of the City.

10. No private mausoleums or columbarium’s may be erected in the Cemetery, with the expectation that a maximum of two (2) urns may be contained within the confines of the monument as defined in Subsection A of Section X.

18. PROTECTION AGAINST LOSS

1. WHEN CEMETERY NOT RESPONSIBLE

The Cemetery shall take reasonable precaution to protect the lot/space owners, and the property rights of the lot/space owners, within the Cemetery, from the loss or damage; but hereby disclaims any and all responsibilities for loss or damage:  from causes beyond its reasonable control, and, especially, from damage caused by the elements, and act of God, common enemies, thieves, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.  Damage done to lots, spaces, walks, drives, trees, shrubs, or other property by the City’s contractors, or their agents shall be repaired by the City, and the cost of such repairs shall be charged to the contractor or to its principal.

2. PERSONS PERMITTED ON CEMETERY LOT, DUTY OF TRESPASSERS

Only the lot/space owner and his relatives shall be permitted on any Cemetery lot/space.  Any other person thereon shall be considered a trespasser, and the City shall owe no duty to the trespasser to keep the property, or the memorial thereon, in a reasonable safe condition.

3. IMPROPRIETIES

The Cemetery grounds are sacredly devoted to the burial of the dead, and the penalties of the law will be strictly enforced in all cases of wanton injury, or disturbance and disregard of these rules and regulations.  It is of the utmost importance that there should be strict observance of all the proprieties of the Cemetery whether embraced in these rules or not, as no improprieties shall be allowed, and the City shall have the power to prevent improper assemblages.

19. CHANGE IN ADDRESS OF LOT/SPACE OWNERS

1. LOT/SPACE OWNERS MUST NOTIFY CITY

It shall be the duty of the lot/space owner to notify the City in writing of any change in their post office address.  Notice sent by the United States First Class Certified mail to a lot/space owner at the last address on file with the City office shall be considered sufficient and proper legal notification.

2. HOURS GROUNDS AND OFFICE OPEN

The City office shall be open from 7:00 a.m. to 4:00 p.m. Monday through Friday.  The City office is closed on Saturdays, Sundays, and all State holidays.  The Cemetery grounds shall be open from dawn to dusk seven (7) days a week.

20. RIGHT TO REMOVE OFFENSIVE MONUMENTS OR INSCRIPTIONS, CORRECTION OF

ERRORS

If any memorial, monument, marker, headstone, or inscription is determined by the City to be offensive, improper, or injurious to the appearance of the surrounding lots or grounds, it reserves the right to enter such lot and cause the removal of the offensive or improper object or objects.  The City also reserves the right to correct an improper inscription, including an incorrect name or date, either on the memorial or on the container for cremated remains.

21. CARETAKER TO ENFORCE RULES

The Caretaker and their assigns are hereby empowered to enforce all rules and regulations, and to exclude from the property of the Cemetery any person violating the same.  The Caretaker and their assigns shall have charge of the grounds and buildings at all times and shall have supervision and control of all persons in the Cemetery, including the conduct of funerals, traffic, employees, lot/space owners, and visitors.  Person(s) violating any of the Cemetery rules and regulations will be subject to arrest and may be fined in any sum not to exceed one hundred dollars ($100.00) for each violation and offense.

22. AMENDMENTS

The City may, and it hereby expressly reserves the right, at any time or times, to adopt new rules and regulations, or to amend, alter and/or repeal any rule, regulation, and/or article, section, paragraph and/or sentence in these rules and regulations.

23. BABYLAND

1. DONATIONS

Babyland is an area of the Grant Fairview Cemetery that the City and donors donated for the specific use for the interment of children who have died at age fifteen (15) and younger.  Baby land is currently located in Spaces 1-7 of Blocks 20, Lot 7, 8, and 9.  The City may expand the number of spaces dedicated to Babyland and reserves the right after twenty-five (25) years to decrease by no more than five (5) spaces.  Costs for burial at Babyland are available at the City Office.

2. SPECIAL DESIGNATED SPACES

Lot 8, Space 4, and the adjoining Right of Way (ROW) to the west, is hereby dedicated to a marker identifying deceased children who identify with the City of Grant and/or Perkins County.   Lot 9, Space 4 is hereby dedicated to a Babyland sitting bench for reflection of the deceased children within Babyland.  The Right of Way (ROW) to the north of Lot 8 Space 1 shall hereby be used for a marker identifying Babyland.

3. AUTHORITY TO USE BABYLAND LOTS/SPACES

The City provides permission and access to these lots/spaces upon request, when it determines the deceased child has a direct connection to the City of Grant or Perkins County and was stillborn or died before reaching the age of sixteen (16) years old.

4. BABYLAND MEMORIAL STONE

A memorial stone at Babyland is available for the inscription of only the name, date of birth, and date of passing, upon City approval, for children who were still born or died before reaching the age of sixteen (16) years of age and who have a connection with the City of Grant and/or Perkins County and whom are not physically interred within the Cemetery and/or Babyland.  The cost of inscription shall be the responsibility of the requestor and shall be set by resolution and may be changed from time to time as needed to keep the cost of inscription current.

5. BABYLAND FEES

Some Babyland fees are offset by generous donations from the public.  Fees concerning the Cemetery and Babyland shall be set by resolution and may be modified from time to time as necessary.

6. GENERAL RULES

Other rules and regulations of the Cemetery that are not specifically modified by this section may apply to Babyland.