Winchester Cemetery Company, Inc.
Rules and Regulations
The following information is presented in an effort to answer those questions we find are foremost in the minds of lot owners, and to be helpful to those who may have experienced a recent burial. The cemetery is owned by the lot owners and operated by an elected board of directors.
To insure the proper operation and to preserve the natural beauty of the Winchester Cemetery, the Board of Directors and the Management have endeavored to establish policies for lot owners, which are fair and equitable to all. With the cooperation of the lot owners and those who visit, the cemetery will continue to be a place of beauty and a sacred place of burial for those we love.
Cemetery Lots
· Burial spaces are conveyed by certificate of right to use that gives the certificate holder an exclusive and permanent right of use. It does
not constitute a direct right of ownership.
· Upon the death of the purchaser, user rights automatically descend equally to direct heirs unless they are specifically assigned to a particular heir. The spouse of the original purchaser always has a dower right of burial ahead of other heirs.
· When a non-blood heir is to be buried, permission of other blood heirs is required, and families are encouraged to obtain such permission in advance of need and to provide the cemetery with documentation of this agreement.
· Individual lot owners cannot resell cemetery ground once purchased. In some circumstances, the cemetery will re-buy the lots if they are usable and unencumbered.
· If previously purchased lots are exchanged for lots in a new location, payment of the price difference which would exist between the purchase price of the old lots and the current cost of grave spaces in the new location is necessary.
Interments
· All interments (burials) and inurnments (placement of urn containing cremains) will be made by Winchester Cemetery personnel only.
· Interments and inurnments will be made only after obtaining authorization of the owner of the cemetery lot or columbarium niche (a structure for placement of urns used for cremains), authorization of the nearest relative of the deceased, and the approval of the cemetery management.
· The cemetery will permit the placement of cremains at the grave of a full burial provided the cemetery receives written authorization from the nearest relative of the deceased.
· For interment, all bodies must be placed in a proper burial container approved by the Winchester Cemetery and regulations of the Kentucky Attorney General.
· The Winchester Cemetery shall not be held responsible for an interment given by telephone, nor for any mistake occurring because of inaccurate instructions.
· An interment or inurnment will not be permitted on any grave space or niche where there exists any indebtedness.
Landscaping Guidelines
· The purchaser of each lot shall have the right of beautification of his own lot, but in order to achieve the best results, all planting must be done with the permission of the cemetery management. Compliance of these rules is essential for proper maintenance of cemetery grounds and to protect the sacredness and natural beauty of the cemetery.
· No tree or shrub growing within the lot shall be cut down or destroyed without the permission of the cemetery management or board of directors.
· If a purchaser desires to plant a tree or shrub the consent of cemetery management or board of directors must be obtained. If any tree or shrub situated in any lot shall become detrimental to the adjacent lots or avenues, it shall be the right of the management to remove said trees or shrubs.
· Flowerbeds may extend only 12 inches from the front of the monument. Small flowers or plants may be placed on each side of the monument providing there is ample space. Nothing may be placed at the foot of the grave or behind the monument. Cemetery personnel will remove flowerbeds exceeding 12 inches or flowers placed at the foot or behind the monument. Should a flowerbed become unkept the cemetery reserves the right to remove such bed.
· Toys, shells, decorative stones, balloons, statues, angels, trellises, fencings, curbing or similar articles are not permitted on any lot. Any decorations placed on a lot, which do not conform to the cemetery’s policies, will be removed.
· Artificial flowers are not permitted in the cemetery from April 1st to October 31st. On April 1st all artificial flowers will be removed from the cemetery. On November 1st of each year the grounds are given an annual housecleaning. All dead flowers and flowerpots will be removed and shrubs and bushes will be trimmed. Please remove any artificial flowers, flowerpot or vase you wish to keep before November 1st.
· Christmas wreaths and poinsettias may be placed in the cemetery beginning with the Thanksgiving holiday and may remain until the following February 15th. Lot owners wishing to reuse these items should remove them prior to February 15th date when they are removed and disposed of by cemetery personnel.
· The Winchester Cemetery regrets it cannot assume responsibility for loss or damage from causes beyond its reasonable control, and especially due to thieves, vandalism, unavoidable accidents or acts of God.
Memorials
· Granite, marble or bronze are recommended as the most durable materials for memorials. Memorials, for temporary or permanent use, of wood, concrete, artificial stone, composition, tin or iron are not permitted.
· Foundations are the responsibility of the cemetery. Please remember that weather and accumulation of foundation orders play an important role in the preparation of foundations, the scheduling must have a degree of flexibility.
· No memorial shall be placed on any lot against which there exists any indebtedness.
· No memorial may be erected or placed on any lot in the cemetery without approval of cemetery management.
· The placement of a bench requires lot owners to purchase a minimum of 6 grave spaces and with approval from cemetery management. All benches must remain in line with the monuments to properly maintain cemetery grounds. Benches placed without cemetery approval will be removed.
· Military Markers for deceased veterans are put in place for $100.00 (price subject to change).
· The Board of Directors reserves the right to exclude or remove from any lot, any memorial or other structure which shall be determined by them to be offensive, improper or injurious to the surrounding lots or grounds, or which has become dilapidated or unsightly.
Rules of Conduct
· The Board of Directors requests that all visitors be decently clothed, including shoes and shirts, that they refrain from parties, picnicking and sports activities of any kind on the grounds.
· The cemetery remains open year round during the daylight hours.
· No pets are allowed in the cemetery.
· No skateboarding, bicycling, or roller-blading is allowed on cemetery grounds. Due to the noise produced by them, motorcycles are not permitted in the cemetery unless they are part of a funeral procession.
· A speed limit of 20 miles per hour must be observed throughout cemetery grounds to insure the safety of visitors and cemetery personnel.
· The cemetery reserves the right to prohibit entrance to the cemetery by the public at those times when the safety of visitors and preservation of the cemetery is threatened by bad weather or similar factors.
· No one under 18 years of age will be permitted in the cemetery unless accompanied by a responsible adult.
· Violating graves intentionally is a crime. Violators will be punished to the full extent of law (KRS 525.115).
Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 525.115 is amended to read as follows:
(1) A person is guilty of violating graves when he intentionally:
(a) Mutilates the graves, monuments, fences, shrubbery, ornaments, grounds, or buildings in or enclosing any cemetery or place of sepulture; or
(b) Violates the grave of any person by destroying, removing, or damaging the headstone or footstone, or the tomb over the enclosure protecting any grave; or
(c) Digs into or plows over or removes any ornament, shrubbery, or flower placed upon any grave or lot.
(2) The provisions of subsection (1) of this section shall not apply to ordinary maintenance and care of a cemetery nor the removal and relocation of graves pursuant to procedures authorized by and in accordance with applicable statutes.
(3) Violating graves is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
(4) The court shall order the defendant to restore the cemetery to its pre-damage condition. Approved March 16, 2000
General Rules
· It shall be the right and duty of the Board of Directors, from time to time, to amend these policies, as they deem necessary for the care of the cemetery and the protection of the owners.
· The above rules and regulations do not constitute all the rules and regulations of the Winchester Cemetery, but only those most pertinent to owners and visitors.
|
|
|