Lithopolis Cemetery Association
Rules & Regulations
Rules & Regulations
- ENFORCEMENT
- Lithopolis Cemetery Association (hereafter referred to as “LCA”) has the right to govern and regulate its business, interests and the uses of its property. All persons shall be subject to and comply with these Rules and Regulations (hereinafter referred to as the “Rules”). The Rules have been adopted in accordance with applicable law. The Rules are intended to comply with applicable law.
- The Rules play an important part in the operations of the Cemetery. LCA’s President and its employees and designated agents are empowered to enforce the Rules and to exclude or eject from the Cemetery any persons violating them.
- Special cases may arise in which the literal enforcement of the Rules may impose an unnecessary hardship. LCA reserves the right, without notice, to make exceptions or modifications of the Rules without affecting their general applicability or enforceability. LCA further reserves the right, without notice, to adopt new Rules or to amend, alter, modify or repeal any Rule.
- LCA shall have unrestricted and absolute discretion when exercising any of its rights or powers under the Rules or when making any decisions contemplated by the Rules.
- LCA’s interpretation of the Rules shall be final.
- LCA has adopted, and in the future may amend or adopt, various forms and other documents related to the operations of the Cemetery (i.e. the Interment Authorization Form or the Adornment Policy) (collectively, the “Forms”). The Forms shall have the same force and effect as these Rules and references to the Rules shall include the applicable Forms. LCA shall have the exclusive authority to determine any conflicts between the Rules and any Form. (Revised 9/14/2015)
- PURPOSE
- The Lithopolis Cemetery Association is an association comprised of lot owners, which is managed by a governing Board of Trustees. The purpose of the association is to manage the cemetery for any purpose or use connected with, incident to, or convenient for, the care of, preservation of, or preparation for the disposal, interment, inurnment or entombment of, human remains.
- VISITATION AND USE
- The Lithopolis Cemetery is private property and includes not only the burial grounds, but Cemetery Road, beginning at Cedar Hill Road and continuing throughout the LCA grounds. (Revised 9/14/2015)
- CEMETERY HOURS - The hours of admission to the cemetery are from sunrise to sunset.
- VISITORS - Visitors are encouraged to use only roadways and walkways. Persons who depart from the roadways or walkways assume all risks incidental thereto, including risks associated with uneven or sunken ground, holes or falling memorials. LCA shall not be liable for any injury or damage once a person departs from any roadway or walkway. (Revised 9/14/2015)
- TRESPASSERS - Only the lot holder and his relatives or friends shall be permitted on the cemetery grave. Any other person thereon shall be considered a trespasser, and the LCA shall owe no duty to said.
- CHILDREN - Children under fifteen years of age are not permitted within the Cemetery unless accompanied by adults responsible for them.
- ANIMALS - Animals (except guide and handicap assist dogs) shall not be allowed at large in the Cemetery sections or in any cemetery buildings. No person shall disturb the birds, squirrels, deer or other animal life in the cemetery. (Revised 9/14/2015)
- LAWNS - Lawns shall not be disturbed for any purpose except under the supervision of LCA.
- NOT LIABLE FOR FLORAL PIECES OR VASES - The Cemetery shall not be liable for any flowers or floral containers placed at a burial space on the day of the funeral nor any other flowers or floral containers placed for the memorialization of a burial space at any time after the interment.
- REMOVAL OF FLORAL CONTAINERS OR FRAMES - LCA reserves the right to remove any flowers, vases, or floral designs, when they detract from the beauty of the Cemetery.
- MOTOR VEHICLES - Automobiles, funeral coaches and trucks must be kept under control at all times and at no time shall such vehicles drive through the gates or within the cemetery at a speed in excess of 15 miles per hour. It is prohibited to park or leave any motor vehicle on any road or driveway within the Cemetery at a location or in a position as to prevent any other vehicle from passing, and if so parked or left, LCA may remove the vehicle.
- BICYCLES, MOTORCYCLES AND SNOWMOBILES - LCA reserves the right to refuse admission to the Cemetery of bicycles or motorcycles. Snowmobiles, skateboards, roller blades and anything else that may be deemed inappropriate by the trustees are not permitted to be in the Cemetery. (Revised 3/19/08)
- ARTIFICIAL FLOWERS AND GRAVE BLANKETS - LCA will permit artificial flowers. Grave blankets may be placed on the grave beginning November 15th and remain until March 15. (Revised 9/14/2015)
- CONDUCT IN CEMETERY
- The Lithopolis Cemetery is private property and includes not only the burial grounds, but Cemetery Road, beginning at Cedar Hill Road and continuing throughout the LCA grounds. (Revised 9/14/2015)
- PERSONAL CONDUCT - Idling, loafing, loitering, or any boisterous demonstrations within the Cemetery or any of its buildings are prohibited. All persons are asked to remember that these grounds are sacred and devoted to the interment, entombment and inurnment of the dead, and that all who violate the regulations of the Association will be excluded therefrom. Any person who injures or disturbs any monumental work, tree, shrub, plant, memorial or anything whatever in the cemetery, without authority, is guilty of a misdemeanor and is punishable by a fine or imprisonment, or both. The provisions of the law will be strictly enforced in all cases of wanton injury.
- RUBBISH - The throwing of rubbish on roads, driveways, paths, walks, or any part of the grounds or in the buildings is prohibited. Receptacles for waste material are located outside the LCA office.
- PICNICKING - Picnicking by visitors within the Cemetery is prohibited.
- DRUGS AND ALCOHOLIC BEVERAGES - Non-prescription drugs and alcoholic beverages are not permitted within the Cemetery.
- FIREARMS - No persons carrying fire-arms, except law enforcement personnel and military organizations, will be admitted.
- FLOWERS AND SHRUBS - No one shall pick any flowers, break any branches or remove, injure, or cut any tree, plant or shrub except cemetery employees.
- MONUMENTS AND BUILDINGS - All persons are prohibited under penalty of the law from marring or defacing any monument or stone, or any structure within the Cemetery.
- In order to avoid any damage to any memorial, to any surrounding property, or to any person, no person shall come into contact with any memorial including leaning against, sitting on or climbing any memorial. LCA shall not be responsible for any injury or damage resulting from any contact with any memorial. (Revised 9/14/2015)
- PEDDLING OR SOLICITING - No one shall be permitted to peddle flowers, plants or any other article or item, or to solicit the sale of any commodity, or solicit signatures for any petitions whatever within the Cemetery unless authorized in writing by LCA and under its direct supervision.
- SIGNS AND ADVERTISING - No signs, notices or advertising of any kind shall be allowed within the Cemetery except those placed by LCA.
- IMPROPER ASSEMBLAGES - LCA reserves the right to forbid and prevent assemblages which it deems improper.
- WATER - Water is only available at the frost free hydrant located by the LCA office from May through September.
- PURCHASE OF GRAVES, CRYPTS AND NICHES
- A burial space is defined as a grave, crypt or niche. A lot may consist of one or more graves.
- Crypts are sold as singles, side-by-sides (2-crypts) and tandems (2-casket spaces). Outside niches are sold only as singles while inside niches may contain up to two inurnments per niche providing both urns can be accommodated in one niche or the urn is designed for two cremations. Inside niches are also available in double size as well as quadruple size. The maximum dimensions for urn placement are 12” x 12” x 12”.
- Burial spaces are exempt from taxation and execution.
- Lithopolis Cemetery Association does not purchase back lots, crypts or niches. However if a space owner is no longer interested in their unused space, LCA will list the space “For Sale By Owner” and contact the owner if another family is interested in that space.
- The owner or owners of burial spaces in which there is no internment may sell the same to another party. If sold, the Association must be notified and a transfer of deed must be issued. There will be a charge for the transfer of deed. The removal of remains for the purpose of surrendering or reselling a burial space will not be permitted.
- No transfer of title for burial spaces shall be valid unless sanctioned by the LCA and recorded on the books of the Association.
- A reasonable fee will be charged for each transfer or issuance of a deed and shall be collected by the LCA when the transaction is recorded. (Revised 3/19/2008)
- A burial space owner may cause an entombment or inurnment to be made in their space for the remains of other than members of their immediate family, but not for money or profit.
- When a burial space is held by two or more owners any one of said owners giving orders with reference to said burial space may be treated as representing all of said owners.
- In case of disagreement between such owners concerning their burial space, the Board of Trustees shall have full power to decide the matter in dispute, and to accept or refuse to accept orders from any of one said owners.
- No interment, entombment or embellishment may be made until the burial space is paid for in full, and a valid cemetery deed is issued, or special arrangements have been approved by LCA.
- RIGHT, TITLE AND ESTATE IN GRAVES, MAUSOLEUM CRYPTS AND NICHES
- The owner of a burial space has a property right that consists of the right to burial. The right to burial is an easement. The owner does not have an absolute right of ownership in the burial space and cannot exercise rights of absolute ownership. Legal title to the burial space remains with LCA. LCA also reserves a perpetual right of access to all burial spaces. (Revised 9/14/2015)
- All burial spaces shall be presumed to be the sole and separate property of the purchaser unless a different person is specifically named in the certificate, deed or purchase agreement.
- When the owners of a burial space hold the same as joint tenants and are each specifically named in the deed issued by LCA their interests shall be subject to the incidents pertaining to any existing Ohio law.
- Except as hereinafter set forth, no burial space or interest therein shall be transferred, conveyed, assigned, devised or otherwise disposed of to any person other than the LCA, and no transfer, conveyance or assignment other than as described in paragraph (c) shall be effective unless passed upon and approved by the Board of Trustees.
- The owner or owners may transfer their rights to one or more members of their immediate family.
- One or more of the owners may transfer his or her interest to one or more of the co-owners
- An owner of burial space may sell his or her interest to another party provided that such disposition is recorded with the LCA and the appropriate transfer fees have been paid. (Revised 3/19/2008)
- Any transfer, assignment or other action in any manner disposing of, transferring or assigning any interest in a burial space shall be subject to provisions of the Articles, Rules and By-Laws of the LCA. The transferee, assignee, or other person acquiring interest in a burial space shall accept and hold such subject to the provisions of such Article, Rules and By-Laws whether the transfer or assignment is so worded or conditioned or not.
- No burial space shall be used, divided, improved, adorned or changed in any manner prohibited by the Board of Trustees.
- In the event of the death of an owner of a burial space in which no interment has been made, and subject to the rights of any cotenants, the right to burial therein is a property right which generally passes to the heirs of the owner pursuant to the Ohio statute of descent and distribution as family heritage from which a spouse cannot be excluded. Thereafter unless subject to a specific bequest in the last will and testament of the owner, title to the burial space passes as intestate property under which the owner’s heirs have an undivided, equal interest. The right to burial may be exercised by any of them without the consent of the others. If there are no cotenants, specific bequests, spouses or heirs, the right to burial is terminated and reverts to LCA. Title to the burial space does not pass via the general residuary clause in a will or trust nor does it fall within any powers of sale or appointment. (Revised 9/14/2015)
- Any member of the immediate family of the owner may, with the written consent of all persons having an interest in such, be interred therein if sufficient space is available for such interment.
- When two or more persons who have acquired any burial space or interest herein disagree as to the disposition of the same, the Board of Trustees may:
- Refuse to recognize the order of any or either of such owners.
- Recognize the order of any or either of such owners, subject to the general limitations with respect to the use of the same, to the extent of the interest therein of such owner or owners.
- In its discretion, permit the sepulture of the remains of the owner of owners first dying.
- Provided, however, that the surviving spouse of a deceased former owner, if not married, shall have the right of interment of his or her remains in said burial space or to the extent of the interest therein of such deceased owner if the same contains sufficient burial space for said interment. Such surviving spouse may release said right to the LCA at any time but may not be deprived of said right in any other manner, provided, however that this right shall not extend to a burial space therein which the former owner has disposed of by transfer or exhausted by use during his or her life; nor shall the provisions thereof be construed to require an owner of a burial space therein to obtain the assent of his or her spouse to any transfer, assignment, or surrender of order for interment be effective, according to the terms thereof, to terminate such right of sepulture of the surviving spouse.
- As a spouse is not always sole heir at law of his wife or her husband, neither will necessarily inherit the entire burial space from the other. To assure the survivor a clear title, proper provision should be made by will, or the certificate should be in the name of both as joint tenants.
- Upon the decease of the owner of a burial space, the heirs or divisees of such descendent are required to file in the office of the LCA proof of their hardship or proprietorship for the purpose of being recorded in the books of LCA. Where a burial space is disposed of by will, a certified copy of the will, or that portion thereof, making disposition shall be filed in the LCA office. Where an owner dies intestate, as to the burial space, an affidavit setting forth the facts necessary to establish heirship shall be filed. Unless such proof is furnished, the LCA cannot be held responsible for interments or entombments that may be made.
- Upon the purchase of a burial space, the LCA will execute and deliver at the option of the purchaser a Cemetery Deed.
- FUNERALS AND INTERMENTS
- No funerals, interments, entombments or inurnments will be permitted on Sunday except the burial or remains requiring immediate interment under the Rules and Regulations of the Board of Health. If it is determined to be absolutely necessary to bury on Sunday an additional interment charge will be assessed.
- Arrangements for interments and entombments should be made a minimum of 48 hours in advance.
- For any interment, entombment, or inurnment directions must be given, and charges prepaid at the LCA office. A valid burial permit must be presented before interment can be completed. The fee for interment may be learned upon application. This fee includes opening and closing of the burial space.
- When the deceased is to be interred, entombed or inurned on or in a family burial space, it will be required to give the name of the owner, the relation of the deceased to the owner, and the proposed location of the interment, entombment or inurnment. If the deceased is not of the immediate family of the owner or owners, consent in writing from the owner or owners will be required.
- For the convenience of owners, and to facilitate and simplify arrangements for interments or entombment on a family burial space, a drawing of the burial space will be supplied from the office upon request.
- The burial of the remains of more than one person in one space will not be permitted except the remains of a parent and infant in the same casket or the ashes of a person buried over the body of a relative. The entombment of more than one person per casket space will not be permitted except the remains of a parent and infant in the same casket or the ashes of one person may be entombed in the crypt with a casket. Exterior niches are limited to one inurnment per niche. Interior niches are limited to one inurnment per niche, except in oversized niches. (Revised 3/19/2008)
- All interments are under the direction of the LCA, who will control the digging of graves, opening and closing of crypts and niches, and all matters relating thereto.
- Every earth interment of a casket or cremated remains container shall be enclosed in a vault, sturdy concrete box or grave liner, which shall be of first quality and constructed of metal, reinforced concrete or other acceptable material. (Revised 9/14/2015)
- Every entombment in a mausoleum crypt must take place in a metal casket and the deceased must be embalmed. (Revised 1/7/2019)
- Funerals on reaching the cemetery will be under the charge of the LCA.
- Unless otherwise provided in the Rules, once a casket or urn arrive at the cemetery, LCA shall not open it or permit it to be opened, except with the consent of all interested parties and with the presence of a licensed Funeral Director or pursuant to applicable law.
- When the location of burial space cannot be obtained or is indefinite, or if for whatever reason the burial space cannot be opened where specified, LCA may make the interment in a place it deems proper without liability.
- LCA may correct interment errors, without liability, in accordance with applicable law. Further, in the event of an interment error which cannot be reasonably corrected, LCA may without liability substitute a similar burial space or refund all amounts paid and cancel the transaction.
- Cremated remains shall not be scattered in any part of the cemetery, unless an area is specifically designated for that purpose and after payment of any applicable fee.
- DISINTERMENTS AND REMOVALS
- Applications for dis-interments and removals must be filed, and all arrangements made at the LCA office.
- LCA reserves the right to require at least seven days prior notice for any disinterment.
- When remains are to be removed from one part of a grave to another, from one lot to another, from one crypt to another, or from one niche to another in the Cemetery, written application by the spouse of the deceased must be presented, and the written consent of the owner from whose lot, crypt or niche the remains are to be removed or interred will be obtained. All others must present a court order from the Probate Court of Fairfield County.
- The same procedure will be required when a grave is to be opened for the purpose of inspection of the remains.
- When remains are to be disinterred and/or removed from the cemetery, an application for removal in accordance with the current statutes of Ohio governing disinterment must be submitted to the cemetery office. As of September 1995, the written consent of the spouse of the deceased must be presented to the Cemetery Manager. All others must present a court order from the Probate Court of Fairfield County.
- LCA reserves the right to disinter and reinter to correct any interment error without liability in accordance with applicable law without application or probate court order, with prior notice to the decedent’s last known next of kin, unless prior notice is not possible due to the circumstances.
- Disinterment does not include the repositioning of an outside burial container that encroaches on an adjoining burial space.
- LCA will attempt to exercise reasonable care when making any disinterment, repositioning or correction of interment error. However, due to conditions generally encountered in these circumstances, LCA shall not be liable for any damage or injury resulting therefrom.
- MONUMENTS AND MARKERS
- A “monument” will normally designate a burial of two (2) or more individuals while a “marker” will designate the burial of one (1) or more individuals. (Revised 3/19/2008)
- The Trustees will not interfere unnecessarily with the exercise by lot owners of their individual tastes in improving their lots and erecting monuments, but all improvements are subject to the supervision and control of the Board of Trustees. The owner of grave may erect a memorial as may be permitted by the location and in accordance with the Rules. All owners are encouraged to consult with cemetery personnel in advance of purchase concerning what type and size memorial may be placed on any particular burial space. No improper effigies or offensive inscriptions are permitted. If any memorial, or inscription on a memorial is determined by the cemetery to be offensive, improper or injurious to the cemetery, to others or to the appearance of the surrounding area, LCA reserves the right to prohibit placement and/or remove and/or cause the removal of the memorial. The owners of monuments and other memorial structures are expected to keep the same in good repair and any structure found to be in an unsightly or dilapidated condition may be removed by the Board of Trustees. (Revised 9/14/2015)
- The right to place a marker or monument and the right of beautification on all graves shall be determined in the following order:
- The person who purchased the burial rights to the grave, unless a burial has already happened in which case the surviving spouse, if one, has these rights.
- Surviving Spouse
- If no living spouse, the living children, determined by eldest first
- If no children, parents of the deceased
- If none of the above apply, step-children, determined by eldest first
- If none of the above apply, closest blood relative
- Under normal conditions only one monument may be erected on one grave. Except as hereinafter specially provided, the size, design and location of all proposed monuments must meet the approval of LCA. Single grave memorials may have a footprint no wider than 36” wide. Two graves side by side may not have a memorial footprint wider than 75”. For memorials going across more than two graves, permission from the Board of Trustees must be granted. Garden areas are required to have memorials that are flush with the ground. Garden of Innocence memorials may be no wider than 18”. There shall be sufficient space between all memorials for trimming grass and other growth.
- The boundaries of lots may be marked only by cornerstones set level with the lawn. Such corner stones shall only be installed by authorized representatives of LCA.
- No fences, hedges, stone coping, gravel walks, stone walks, entrance steps or stoops will be allowed on graves, except steps or stoops in direct connection with a mausoleum or structure of like character.
- Granite, marble or bronze are the only materials permitted for grave markers and monuments unless another material is approved in advance by the Board of Trustees.
- Only a veteran's marker provided by the Veterans Administration may be placed on a grave in addition to any monument placed thereon. Only one marker may be placed on a grave unless there are two cremations placed in the grave. If two cremations have been placed in one grave a total of two markers may be placed in addition to any monument.
- On graves where a monument has been or is to be erected, the markers must be at the end of the grave farthest from the monument.
- No marble or granite tablets, cradles, or horizontal marks, such as are made to cover the grave all over the top will be allowed.
- All stones shall be set level. The work must be cut so as to fit properly on a level base. All stonework shall have the surface next to the foundation bedded off, or squared sufficiently true and level to allow every part to be in contact with the foundation. The use of spawls between the stone and foundation, or the removal of any part of the foundation to accommodate irregularities, or other defective workmanship in the stone, will not be allowed. For all inscriptions, raised lettering must have a rise of not less than three-sixteenths of one inch and “V” sunken lettering a sinkage of not less than one-fourth of one inch. Management is authorized to inspect every stone before erection, and if it is not up to standard, it will not be allowed.
- All memorials shall have a permanent foundation for monuments and grave markers and will be put in by the Association. They will be of solid masonry, constructed of a good quality of concrete, well laid, and of such depth as management may deem necessary to make a good and permanent foundation. Foundations will be paid for by the lot owner or monument firm representing the lot owner. Foundations must be paid for prior to installation of the foundation.
- The price per square inch of all foundation work is fixed from time to time by the Board of Trustees.
- Persons engaged in erecting monuments or other structures shall be under the direction of the cemetery management.
- Actual front face area of the memorial shall not exceed 15% of the square foot area of the lot. Length of the memorial shall not exceed 60% of the width of the lot. In all cases the maximum length of a monument shall be six feet and the maximum height three feet.
- The association shall have the authority to reject any plan or design for any memorial on account of size, design, kind, or if the quality of stone is unsuited to the lot on which it is to be placed.
- Contractors and their workers while employed in the cemetery are under the supervision of cemetery management.
- The first preliminary of any improvement should be careful study of the lot and surroundings. The design, which must be approved by management, should be made in harmony with those surroundings. To avoid making unnecessary plans, management should be consulted in advance so that the designer may learn what improvements will be allowed upon any particular lot.
- The terms “memorial” or “monument” as used in these Rules shall include monument, mausoleum, memorial, marker, or tomb in whole or in part above ground, or other structure on a cemetery grave.
- In the event that a permanent foundation cannot be constructed due to ground conditions, a temporary foundation will be constructed until such time that a permanent foundation can be constructed. (Revised 12/9/2019)
- SPECIAL CARE
- The association is prepared to render special work or services on burial spaces in accordance with a schedule of charges fixed by the Board of Trustees. This will insure the owner efficient service by experienced workmen at a reasonable cost.
- Work may be best arranged for by calling the cemetery office. All communications by mail or telephone should be addressed to the LCA whose advice and counsel in the matter of the special care of graves will prove of great assistance to burial space owners.
- All orders must be signed by the owner or his authorized representative, and should be filed with the LCA. (Revised 3/19/08)
- Payment in full must accompany all orders filed on and after May 1st for work to be performed the ensuing season.
- A standing order may be filed with the cemetery office covering work to be performed each season. Such work shall be paid for at the time and in the manner agreed to by the owner and the LCA.
- PERPETUAL CARE AND MAINTENANCE
- LCA shall maintain its Endowment Care Fund, also known as Perpetual Care Fund, as required by applicable law. The control and management of the Endowment Care Fund shall be vested in the Cemetery’s Trustees as well as any appointed trustee of the Endowment Care Fund. As required by applicable law, LCA shall deposit ten percent of the gross sale proceeds received from the sale of any burial space into the Endowment Care Fund.
- Income from the mandatory contributions to the Endowment Care Fund shall be used by LCA for the maintenance, supervision, improvement, and preservation of LCA’s grounds, lots, buildings, equipment, and its other real and personal property.
- Unless otherwise provided in the Rules, income from the mandatory contributions to the Endowment Care Fund shall not be used for the maintenance, repair, or replacement of any memorial; the planting of flowers or ornamental plants; the maintenance, reconstruction or other unusual work on individual burial spaces or memorials.
- Unless otherwise specifically permitted by applicable law, all improvements, alterations, grading, landscaping, perpetual care and maintenance, interments and other matters incidental to LCA’s operations shall be performed only by LCA or its contractors.
- Owners and other persons do not have a right of self-help.
- LCA may, at its discretion, accept or require major monument, private mausoleum, private columbarium and/or landscaping private endowments to be administered under such guidelines as may, from time to time, be promulgated or amended.
- PROVISIONS FOR SPECIAL PERPETUAL CARE
- The general care of the Cemetery and all burial spaces therein is assumed by the LCA. The avenues and walks will be kept in good condition, trees and shrubbery will be trimmed, and the grass will be mowed, without extra charge to owners.
- Something more than the general care above is sometimes desired, and unusual outlays are necessary from time to time on every lot to keep it in perfect condition. It is therefore advisable, though in no way obligatory, that owners, so far as they are able to do so, make provision for special work upon their respective lot, crypt or niche by donating to the LCA, or providing by will for such donation, a sum of money in trust, the principal of which shall be kept intact, and the interest of which shall be expended for special work upon the grave of the donor, as occasion may require. So far as legislation can secure these objects, the LCA is endowed with perpetual existence, and is bound to execute faithfully, all trusts committed to its charge.
- In view of the comparative shortness of life and the instability of human affairs, all persons having large lots embellished with costly monuments and improvements, and having ample means to perpetuate the care of the same, are urged to take advantage of the privileges accorded them, under the obligation for special perpetual care, issued by the Association.
- The amount required for the special perpetual care depends upon the size of the lot, and the character of the embellishments upon it.
- FORM OF BEQUEST
- I give and bequeath to Lithopolis Cemetery Association, the sum of
- Dollars, to be invested by the Trustees of said Association, and the income therefrom to be applied to the care of my Lot No. Section
- in said Cemetery, according to the terms and form of obligation for the special perpetual care adopted by said Trustees.
- PLANTING AND UPKEEP OF GRAVES
- No planting shall be more than six inches from a monument or grave marker.
- Cut flowers must be placed in a container within six inches of a monument or grave marker.
- All flowers and artificial arrangements shall be removed as soon as they become unsightly. Should flowers or flowerbeds become unkept, the LCA reserves the right to remove said flowers and/or flower beds.
- Tin can containers are not permitted. (Revised 3/19/08)
- No GLASS containers are permitted.
- Permanent-type containers will be emptied and placed in their appropriate storage place.
- Flowers from a funeral along with other material from the baskets shall be placed in the trash barrels provided for this purpose when they begin to detract from the beauty of the cemetery. If baskets are to be saved, arrangements must be made with the LCA office.
- Winter decorations, such as wreaths, grave blankets, imitation plants, and Styrofoam designs are permitted only from November 15 through March 15.
- Twice yearly LCA will clean the grounds around burial spaces. On or around March 15th, all fall and Christmas arrangements, grave blankets and adornments will be removed from burial spaces. On or around November 15th, all spring and summer arrangements and adornments will be removed from burial spaces. Items removed will be held for approximately two weeks before being disposed of. Families may contact the LCA office prior to these dates each season and request their burial spaces be left alone. An orange flag will be placed on the burial space notifying staff to that skip space in the cleanup process.
- No trees or shrubs may be planted without the permission of the LCA. Please ask about our memorial program.
- Evergreen trees, shrubs and bushes which are not kept trimmed or become unsightly will be removed. The LCA shall have the right to enter a burial space and remove any tree, shrub or bush they shall determine to be detrimental, unsightly, inconvenient or dangerous.
- New graves will be refilled as needed by the LCA.
- Arrangements must be made with LCA concerning any special work on burial spaces that may be desired. Burial space owners may not have work done in the cemetery by anyone other than employees of the LCA who work under the direction of the LCA.
- Decorative items, such as; small toy houses, basket hooks, wire arches, wooden trellis, glass globes, tripods, shells, toys, and like objects are not permitted on the lots. Specific questions should be directed to the LCA office.
- The placing of wooden, steel or wire chairs, seats, settees or benches on lots is not permitted. Please ask about our memorial program.
- Adornments are any decorations or other items placed in conjunction with any burial space. LCA regulates all adornments in order to maintain the beauty of the cemetery and to insure its safe and efficient maintenance. LCA reserves the right without notice to remove and dispose of any adornment which violates the Rules or otherwise interferes with the appearance or the safe and efficient operation of the cemetery. All adornments are placed at the owner’s risk. LCA is not responsible for any adornment, including, the maintenance of any adornment, the removal of any adornment or damage to any adornment due to cemetery maintenance or any other cause.
- 17. The seeding and sodding of an interment shall be performed by the cemetery at such time as LCA deems appropriate, dependent upon the time of year, weather conditions and other factors which may affect the seed or sod. Further, the decision whether to seed or sod shall be made by LCA in its discretion.
- MAUSOLEUM FLOWER POLICY
- INTERIOR CRYPTS AND NICHES
- No live flowers, cut flowers, pictures or other objects may be placed on either the crypt or niche front. In addition, no live flowers may be brought into the chapel or placed on the floor except during the committal service. Up to six (6) sprays of flowers may be placed in the chapel during the committal service. Artificial flowers may be placed on the crypt or marble niche front as long as they are placed in the approved flower holder which may be purchased at the cemetery office. Only artificial flowers which conform to the LCA guidelines may be used. They will remain in the niche or crypt holder as long as they present an attractive and pleasant appearance. The LCA reserves the right to remove any flower arrangement which has become damaged, has faded, or which no longer presents an attractive appearance. (Revised 3/19/08)
- Those who wish to establish a lasting memorial to a loved one may inquire at the LCA office about other opportunities which are available to memorialize a loved one.
- EXTERIOR CRYPTS AND NICHES
- Artificial flowers (only) may be placed on exterior crypts and niches as long as they are placed in the approved flower holder which may be purchased at the LCA office. Only artificial flowers which conform to the LCA guidelines may be used. They will remain in the niche or crypt holder as long as they present an attractive and pleasant appearance.
- The LCA reserves the right to remove any flower arrangement which has become damaged, has faded, or which no longer presents an attractive appearance.
- To make arrangements for flower holders or other items for memorialization, please contact the LCA office. (Revised 3/19/08)
- MAUSOLEUM AND NICHE MEMORIALIZATION
- INTERIOR CRYPTS AND NICHES
- Memorialization will be provided by placing a bronze marker on the crypt face.
- Single Crypts will have the name of the deceased with the year of birth and the year of death placed on the marker
- True Companion or (Tandem) Crypts will have the names of both deceased parties and will show the year of birth and the year of death for each.
- Side-by-Side Crypts will have the names of both deceased parties and will show the year of birth and the year of death for each.
- EXTERIOR NICHES
- Memorialization will be provided by placing a bronze marker on the crypt face. Exterior niches will receive a bronze marker with the name(s) of the deceased, the year of birth and the year of death placed on the marker
- INTERIOR NICHES
- Memorialization will be provided by engraving the urn with the name of the deceased, year
- of birth and year of death. When this is not possible due to the type or size of container used, a bronze plaque will be engraved and placed with the urn in the niche.
- Note: Memorialization is included in the price of the crypt or niche at the time of purchase. (Revised 3/19/2008)
- EMBLEMS
- A special military emblem will be provided if desired, at cost for all Veterans. Other
- emblems may be purchased if desired. Ask the LCA office about other approved emblems which can be made available. A maximum of two emblems will be allowed per marker and each marker must conform to all LCA guidelines. (Revised 3/19/08)
- GENERAL REGULATIONS
- No sign indicating that a burial space is for sale will be permitted on the LCA grounds.
- LCA reserves the right, in its sole discretion, to remove any tree or other plant from the cemetery, including any tree or other plant on any burial space, if that tree or plant is unsightly, encroaching on other burial spaces or otherwise detrimental to the cemetery or the cemetery’s operations.
- The LCA may from time to time lay out or alter the avenues or walks or make such rules and regulations for the government of the grounds as they may deem requisite and proper to secure and promote the general objects of the cemetery.
- The owners of burial spaces and their families will be allowed access to their burial spaces subject to such rules and regulations as may be adopted by the Board of Trustees.
- It shall be the duty of the burial space owner to notify the LCA of any change in his/her post office address. Notice sent to a burial space holder at the last address in the LCA’s records shall be considered sufficient and proper legal notification.
- The LCA disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage by an act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority, thieves, vandalism, malicious mischief, explosions, unavoidable accidents, or any cause similar or dissimilar beyond the control of the LCA whether the damage be direct or collateral. In the event it becomes necessary to reconstruct or repair any section of a burial space, including graves, crypts, niches or any portion or portions thereof in the LCA, which has been damaged by such causes, the LCA shall give a two (2) week written notice of the necessity for such repairs to the burial space owner of record. The notice shall be given by depositing the same in the United States mail, with postage prepaid, addressed to the burial space owner of record at his or her address stated on the records of the LCA. In the event the burial space owner fails to repair the damage or notify the LCA within two (2) weeks of specific plans to repair the damage, the LCA may direct that the repairs be made and charge the expense against the burial space and to the burial space owner of record.
- Burial space owners are advised that the memorials are not LCA property but remain the personal property of the burial space owner. Therefore, the memorial should be insured under the burial space owner’s Homeowners insurance policy.
- Exceptions to any of these regulations shall be at the discretion of the LCA and its Board of Trustees.
- LIMITS OF LIABILITY AND OTHER MATTERS
- In addition to any other limitations of liability pursuant to the Rules, the Forms or applicable law, LCA shall not be liable for loss, damage or delay due to causes beyond its reasonable control, including, but not limited to, acts of God, weather, common enemies, conditions, mischief makers, thieves, vandals, strikers, explosions, wars, accidents, insurrections, riots, or order of any military or civil authority.
- In the event that the Rules, Forms or applicable law have not been complied with or if LCA has a reasonable suspicion that a dispute may exist between any interested parties with respect to an Interment, Disinterment, Cremation, Memorial, or other matter, LCA may refuse to take any action with respect to the matter in dispute, without liability, until the matter has been fully and finally resolved. LCA will not mediate, arbitrate or otherwise resolve any dispute in which the interests of LCA are not directly involved.
- All items disposed of by LCA pursuant to the Rules or normal cemetery operations, including adornments, shall be disposed of in a non-recoverable manner, without liability.