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Rules and Regulations Article I: Location and History Article II: Mission Statement Article III: Introductory Statement Article IV: Definitions Article V: General Provisions Article VI: Lots Article VII: Interments and Disinterment Article VIII: Memorials and Decorations Article IX: Perpetual Care Trust Fund and Assessments Article X: Legal Descent of Burial Rights Article XI: Violations
Spring Hill Cemetery
The grounds of our cemeteries are sacredly devoted to the interment and memory of the honored dead. As a manifestation of the respect and affection which our community bestows upon those who are buried here, it is intended that our cemeteries be perpetually areas of quiet beauty and serenity - to beckon the living as well as to provide repose for the dead. Our heritage is enriched by the lives and deeds of the men and women who have preceded us. It is, therefore, our goal, as part of the remembrance of them, to maintain permanent records of those whose earthly remains have been entrusted to us. It
is further the goal of
GHPRD
to provide empathetic and effective service to the citizens of the
Huntington area in the years to come.
The
ordinance setting forth the rules and regulations which follow was
adopted by the Commissioners of GHPRD at their regular meeting on
February 28, 2001. These rules and regulations apply to all
activities and rights of burial in the cemeteries owned by GHPRD
regardless of when rights of burial or other rights may have been
created. This ordinance and the rules and regulations contained
herein are subject to revision by the Commissioners of the Greater
Huntington Park and Recreation District at any time and such
amendments may be retroactive. This ordinance supersedes any
previous rules, regulation, policies and ordinances pertaining to
the administration, maintenance, or operations of the cemeteries
under the auspices of GHPRD and will be observed accordingly. As used in these Rules and Regulation, the following definitions are set forth: Burial Space: the ground space stipulated in the cemetery intended or used for the individual interment of human remains. Cemeteries: an area of land together with the various improvements and embellishments thereon dedicated to the burial, entombment, and memory of the human dead. Specifically, reference is made to Spring Hill, Highland, Guyandotte, and Pat=s Branch cemeteries belonging to the Greater Huntington Park and Recreation District. Cemetery: refers to authority and means GHPRD or an appointed agent acting on their behalf. Columbarium: a structure, either freestanding or part of another building, containing niches for the inurnment of cremated remains. Contractor: any person, firm, or corporation, other than an employee of the cemetery, erecting or repairing any memorial, delivering any material, or performing any work in the cemetery. Cremains: the ashes that remain after cremation of a corpse. Crypt: a space in a mausoleum or lawn crypt which is designed to receive a casket. Decorations: object of a decorative nature such as, but not necessarily limited to natural or artificial flowers, wreaths, candles, pin wheels, hangers, balloons, flags, or toys which may be placed on graves or memorials. Disinterment: to dig up or remove from a grave or tomb, exhume. It does not include relocation of remains from a temporary location to a place of permanent burial. GHPRD: Greater Huntington Park and Recreation District. Inter: to place in a grave or tomb, bury. Interment: is the disposition of human remains by burial in the earth, entombment in a mausoleum or inurnment in a columbarium. Interment Right: the inheritable right to interment in a specified grave space, mausoleum crypt, or columbarium niche. Inurnment: to enclose in an urn.
Lawn
crypts:
burial vaults, either single or double in size, placed underground
prior to the actual burial. Lot Owner: the owner of burial rights. Marker: any memorial laying flat on the ground; generally set flush with the level of the turf. Mausoleum: a building housing above ground crypts. Memorial: any monument, marker, tablet, name plate, or structure placed upon or in any place of interment or elsewhere in the cemetery for the purpose of identification or in memory of a deceased person or persons. Monument: any memorial set upright or perpendicular to the grade consisting of two or more pieces. Niche: a compartment, as in a columbarium, for holding urns of cremated remains. Owner: the owner of burial rights. Perpetual Care: keeping the established sod in good condition, free of weeds and debris, keeping markers flush with the turf and cutting the grass at proper intervals to insure the areas neat appearance forever. Right of Sepulcher: the inheritable right to interment in a specified grave space, mausoleum crypt, or columbarium niche. Sepulcher: a place of burial; tomb. Slab: a flat stone or bronze on granite memorial covering the entire grave. Tomb: grave.
Urn:
a vase on a pedestal used for preserving the ashes of the dead after
cremation.
Section 1 Offices The office of GHPRD is located at 210 Eleventh Street, Shop #1, Heritage Village, Huntington, WV 25701. The telephone number is (304)696-5954, and the fax number is (304)696-5588.
Section 2 Authority The Superintendent and such other employees whom GHPRD may designate are to enforce the rules and regulations, maintain the buildings and grounds, exercise control over all persons and activities within the cemeteries, and effectuate the day to day operation.
Section 3 Rights of Sepulcher No lot, grave, crypt, or niche in any cemetery owned by the GHPRD will be used for any other purpose other than the interment of the human dead. "Ownership" of burial space in the cemeteries does not imply ownership in the strict real estate sense of the word. Owners of lots, crypts, or niches in these cemeteries acquire an inheritable right to the property for sepulcher. Reference in these rules and regulations (or any purchase agreement or other document) to "sale", "lot owner", or "ownership" by title to the real property comprising the cemeteries will be limited to the right to use of the designated property for the placement of the remains of deceased human beings. Actual ownership of the land resides with GHPRD. These rights are subject to the terms of applicable purchase agreements, ordinances, rules and regulations of GHPRD. The name and address of every lot owner will be on record in the cemeteries office. In the event of a change of address, the cemeteries office should be notified promptly. Upon the death of a lot owner, the heirs or devisees should file their ownership claim and pertinent information with the cemeteries office. Should the deceased owner have left the cemetery property by will to some designated person, a certified copy of the probated will must be submitted as proof of claim in order that a transfer of ownership may be made. The cemeteries= permanent record will be sufficient warrant to the Cemetery Authority in all matters pertaining to the ownership of cemetery property. (Refer also to Legal Descent of Burial Rights - Article X)
Section 4 Conduct with respect to funerals No traffic of any kind should be permitted to pass the section where committal services are being held.
Section 5 Conduct within the cemeteries A. Gates of Spring Hill and Highland Cemeteries will open at 8:00 a.m. and be closed approximately at sundown. Entrance to Pat's Branch Cemetery is by appointment. Guyandotte Cemetery is open to the public daily. B. All persons must enter and leave the cemeteries by the entrances only. Climbing of walls and fences is prohibited. C. Cemetery roads are not to be used for a shortcut from one part of the city to another, nor for the detour of traffic. D. Loitering on cemetery grounds is prohibited. E. Riders of motorcycles and bicycles must keep their vehicles on the roadways and obey speed limits. (See H.) F. Except for law enforcement officers and special ceremonies, horses are not permitted in the cemeteries. G. Heavy loads will not be permitted to enter the cemeteries except for pre-approved business pertaining to the cemeteries. H. The speed limit within the cemeteries is 20 mph. Driving on the grass, except by authorized vehicles is prohibited. I. Intoxicating beverages and any other controlled substances are prohibited within the cemetery grounds. J. Littering is prohibited. Persons bringing refreshments into the cemeteries must remove their trash from the grounds. K. Firearms are prohibited in the cemeteries except for honor guards at military funerals, special ceremonies, police officers and security guards. L. All pets brought into the cemeteries must be on leashes and under the close control of their owner/guardian who shall be responsible for cleanup of all droppings. M. No Tips or gratuities, monetary or otherwise, are to be paid to an employee of the cemeteries as a reward for any personal service, attention, or favor; nor is any employee to receive any pay, directly or indirectly, in connection with work in the cemeteries other than wages from GHPRD. N. Advertising of any kind is prohibited within the cemeteries. O. Soliciting by outside parties for the sale of decorations, plants, or any other commodity within the bounds of the cemeteries is prohibited. P. Coarse and/or demeaning language will not be tolerated in the cemeteries. Q. Vandalism is prohibited. Writing upon, defacing, or injuring walls, monuments, buildings, or any other property within the cemetery property or belonging to the cemeteries is prohibited. Damaging, cutting, or removing trees, decorations, grass or other plants is prohibited. Violators will be prosecuted to the fullest extent of the law. R.
Decorations may be placed on graves, crypts or niches. Persons doing
so must comply with grave decorating policies as outlined elsewhere
in these rules. Baskets, vases, decorations, etc. may not be removed
without permission of the Cemetery
Section 6 Reserved Rights GHPRD reserves to itself and to those lawfully entitled thereto, the perpetual right of ingress or egress over lots for the purpose of passing to and from other lots. GHPRD reserves the right to change the rules and regulations at anytime to improve the cemeteries services and conditions.
Any outside contractor repeatedly performing substandard work or failing to comply with cemetery regulations may be excluded form working within the cemeteries.
Approval from GHPRD must be obtained prior to any materials or equipment being brought into the cemeteries or commencement of any work within the cemeteries. No contract work will be allowed within the cemeteries after 4:00 p.m. weekdays, Saturday, Sunday, or holidays. Exceptions by written permission only. Persons engaged in erecting monuments or performing other work in the cemeteries are not to attach ropes to trees, shrubs, fencing, etc. They must not scatter material or debris over adjoining lots or leave same on the grounds longer than is absolutely necessary. Guy posts may be set only in non-plotted areas.
Burial rights and merchandise may be purchased on a cash basis, an account with regular monthly payments over time, or credit card. To purchase on account, a down payment is required with the balance to be paid in monthly increments as required by the Cemetery. Burial rights and possession of merchandise will not pass to the purchaser until the entire note or contract has been paid in full. Failure to fulfill the sales contract will result in forfeiture of purchasers= rights and equity in burial rights and merchandise and payments made theretofore will accrue to the Cemetery. No burials will be made or memorials placed on any lot which has not been paid for in full.
Deeds to burial rights and merchandise are normally issued at no
charge when the purchase has been made directly from the Cemetery;
however, an administrative charge will be made when a deed is
transferred.
Section 1 General Provisions No lot or part of a lot may be sold in non-plotted ground. Burials may not be made in areas designated as streets, walks, or planting areas. No grading, landscape work, improvements or maintenance of any lot shall be done except by employees of the Cemetery under the direction of the Superintendent. New and sunken graves will be filled level with the turf and seeded. GHPRD, when requested, will give estimates to lot owners for sod, grading, and repair work of any kind. All work must be done with the consent and approval of GHPRD and paid for at the time ordered, this being classed as special work. If any tree or shrub, situated on any lot or in any walkway, by reason of growth of roots or branches, or in any other way, become, in the judgment of GHPRD, detrimental to adjacent lots, walks, street, or dangerous or inconvenient to passers-by, the maintenance personnel have the right to enter upon the lot or walkway and remove a part or all of said tree or shrub to correct the condition. No such removal shall be made by any person without the approval and supervision of GHPRD. Persons are prohibited from planting flowers, tree, shrubs, and plants on lots and graves except by permission from GHPRD. Private fences and curbing around graves or lots are not allowed. Trellises and climbing plants of any kind are prohibited. If any vault, tomb, mausoleum, or like structure, in which bodies are interred falls into a state of dilapidation or decay which is determined by GHPRD to be offensive or in any way injurious to the appearance of the surrounding lots or grounds, and no adequate provision is or has been made by the owner for its repair, the Superintendent, upon authorization by GHPRD shall remove the structure and inter the body or bodies on said lot. The structure may be disposed by any means necessary. Any monetary returns that may be obtained are to be applied to the cost of dismantling, burials, etc., and the balance is to be put in trust for perpetual care of the lot in question.
Special cases may arise in which the literal enforcement of a rule
may impose unnecessary hardship. GHPRD reserves the right, without
notice, to make exceptions, suspensions, or modifications of any of
the rules and regulations when, in its judgment, the same appears
advisable; however, such temporary exceptions, suspensions, or
modifications shall in no way be construed as affecting the general
application of such rule.
Section 2 Single Burial Spaces
Section 3 Veterans' Sections 1. For the purpose of uniformity, none other than the standard grave markers furnished by the United States Government or their equivalent (non-military spouse) will be allowed in the military sections. 2. Burial order will be as directed by GHPRD, in accordance with maps on record in the Cabell County Courthouse. 3. Since it is the intention of the Cemetery to keep these plots in a neat and orderly manner, no plants, trees, vines, or shrubs shall be planted in the Veteran's section without authorization of the GHPRD. No glassware, jars, seats, or miscellaneous items will be allowed
Notwithstanding paragraphs one and two above, GHPRD may at its
discretion, design and establish other sections for veterans' in any
of its cemeteries. Such sections could incorporate the use of other
types of memorials and individual selection of grave spaces, but
should tend toward the uniformity which is characteristic of
military cemeteries.
Section 1 General The right is reserved by GHPRD to require at least 24 hours notice prior to any interment and at least one week's notice prior to any disinterment or removal. Disinterment and removal will be scheduled by the Superintendent. When an interment is to be made, it is the duty of the owner, or his successor or successors in burial rights, or someone authorized in writing to do so to come to the cemetery and select the grave or crypt from the spaces owned. GHPRD will not be responsible for errors in location. GHPRD reserves the right to refuse interment in any lot and to refuse to open any burial space for any purpose except on written application signed by the lot owner, or by the successor or successors in burial rights. In case of a disagreement among joint owners of the lot, GHPRD will have full power to decide the matter in dispute and to accept or refuse orders from any one of the owners. GHPRD is not liable for any delay in the interment of a body, if the delay results from a protest of interment when the rules have not been complied with. GHPRD will recognize no protest unless it is in writing, properly notarized, and filed with the Cemeteries office. The preparation of graves, crypts, or niches and openings for disinterment will be done only by workers employed by GHPRD, for which charges as fixed by GHPRD will be made and paid for in advance. No Cemetery personnel will be permitted to open the lid of a casket at any time under any circumstances. No grave, crypt, or niche containing a body will be reopened for an additional interment except in the case of cremains where two interments are permitted in one grave space.
Section 2 In Ground Burials No mounding of graves is permitted. Every in ground interment, whether of a body or cremated remains, shall be made in an outer rigid permanent container. All caskets must be in an outer burial container constructed of concrete or steel. Outer burial containers supplied by outside suppliers must be received in the cemetery by 8 a.m. on the day of the funeral. Late deliveries are subject to a late charge.
Section 3 Interment of Cremated Remains Cremated remains may be interred and memorialized in either in ground or above ground modes. Regardless of the method of interment, cremated remains must be enclosed in a rigid, permanent, rustproof, waterproof, sealed container. Scattering of ashes anywhere within the bounds of GHPRD cemeteries is expressly prohibited. A. In ground: grave spaces may be designated for the interment of cremated remains provided that no more than two such interments be made in any one space; that no more than one marker be placed on said space, (it may bear the names of both persons so interred); and provided further that such marker must comply with specifications for that particular section. Monuments may be placed where permitted with the same conditions applying. Specialized sections within the cemeteries may be established solely for the interment of cremated remains. Persons electing interment in such sections must abide by the specific rules applying to them. Moreover, selection of memorials in these sections must be restricted to those specified by the cemetery. B. Above ground: the cemetery may employ various means for the interment of cremated remains above ground level. Structures called columbarium, which contain multiple niches for the interment of cremated remains may be erected. Columbarium may be included within mausoleums. Other above ground ways of interring cremains may include, but are not restricted to, enclosing the ashes within monuments or memorial benches; however, plans for any such memorialization must be approved, in advance, by GHPRD.
Section 4 Mausoleums Before proceeding with construction, the lot owner or his representative must place in Perpetual Care Fund a sum to be held in trust by GHPRD. The amount will be determined by GHPRD, but it will in no case be less than 20% of the cost of the structure when completely erected, exclusive of the foundation costs. The amount of the Perpetual Care will be calculated from a certified copy of the sales agreement which will be furnished GHPRD with the application. The mausoleum, whether constructed entirely or partly above ground, must be provided with a complete system of ventilation and with crypts entirely and separately enclosed independent of the walls, so arranged when a body is deposited therein, each crypt can be hermetically sealed. The owner shall have sufficient space on all sides of the mausoleum so that no grave will be within three feet of the edges of the base of the mausoleum. B.
Community Mausoleum
Section 5 Disinterment If a disinterment should result from some error on the part of the cemetery, such disinterment and re-interment will be performed at no charge to the family involved. In all cases the statutes of the State of West Virginia will prevail. The
Cemetery will exercise all reasonable precautions in making a
removal, but it will be under no liability for damage to any casket,
case, or urn, incurred in making the removal.
Section 1 Memorials 1. Plans for all memorial work must be submitted to the Superintendent for approval before any contract is made for same. 2. Installations for all memorials to be placed will be prepared by the Cemetery and must be paid for in advance. The charge will be at the current rate. GHPRD reserves the right to change prices at any time. 3. It shall be left to the discretion of the Superintendent to determine how deep these foundations will be set. 4. All monuments and markers must be of good quality granite or cast bronze. No granite memorial or part thereof shall be less that 4" thick. Bronze markers must be at least 1/4" thick, not less than 85% copper and not more than 5% lead. Marble memorials will not be permitted unless matching existing memorials. Upright marble government monuments are used in designated Veteran=s sections. No artificial stone will be permitted. 5. No monument will be allowed for a single burial space lot. Only markers may be used. Size is determined by location. 6. The cost of removing foundations of monuments and markers at vacated graves will be estimated and paid with the cost of removal of the disinterred bodies. 7. When any existing memorial is to be moved or replaced and a new installation preparation is necessary, a charge equal to the current installation charge will be made. If no change in the site is required, an administrative charge will be made. 8. The Cemetery is authorized to prevent the installation of any monument, which, for any reason, may be considered objectionable to the cemeteries from any stand point. The lot owner may appeal the ruling to the GHPRD. 9. Slabs will be allowed only by special permission. 10. Unless requested to be lower, foundations will be finished two inches below the surface of the turf on the low corner and finished level. 11. GHPRD reserves the right to determine when construction and erection of monuments will take place. 12. In order for a memorial to be placed by Memorial Day, the memorial must be received at the cemetery by the end of April. 13.
Materials will not be allowed to remain in the cemeteries longer
than is strictly necessary for completion of the work. Rubbish and
debris must be cleaned up by the contractor immediately after the
work is finished. 15. Monuments may not exceed the recommended dimensions specified for the section in which they are to be placed ( See the appendix). In instances where sizes exceeding the recommendations are desired, plans for the proposed monument must be submitted to GHPRD along with a written request for the exception. 16. All monument work to be done by private contractors will be under the supervision of the Superintendent, who shall decide any questions which may arise, regardless of whether or not specifically covered in the rules and regulations. 17. Should any memorial, mausoleum, fence, post, curbing, structure, decoration or steps not conform to these rules and regulations or become unsightly, dilapidated, or a menace to visitors or workers, GHPRD has the right to remove them. 18.
All memorials to be removed from the cemeteries will be done by or
under the supervision of the Superintendent with a request from the
lot owner, if applicable, and a written permission from GHPRD.
Section 2 Decorations All grave decorations, including wreaths and bouquets are removed in the spring when mowing season begins. Usually this is approximately mid-March. It is requested that you remove anything you would like to keep before March 15. Only those decorations attached to the top of upright monuments may remain. Decorations need to be removed by October 15 for the fall cleaning. To assist in keeping the cemetery beautiful, decorations which are dead, unsightly, or inappropriate will be removed at anytime, regardless of how they may be placed. Flowers in retractable vases will be removed and the vases retracted when trimming is necessary. Unattached containers will be removed with their flowers. Holiday decorations may be placed on graves one week before and are subject to removal one weeks after these special days. Those days are Easter, Memorial Day, Mothers Day, Fathers Day and Christmas. It is requested that you not bring any sort of glass or other fragile materials as decorations. Broken glass, etc., is hazardous to our workers and to visitors in the cemeteries. Decorations which are removed may be disposed of as the Cemetery sees fit. The
cemetery will exercise reasonable security precautions but is not
responsible for grave decorations.
Section 1 Perpetual Care Present or future owners of spaces or lots under perpetual care make no further payments for routine upkeep and maintenance after their deed is executed. Cleaning of memorials by sand blasting or other methods is not included in routine perpetual care. Such extra work will require additional payment which shall be due when ordered.
Section 2 Assessments 1. Correcting, at their own expense, any faulty foundations under memorials on their lots, and 2. Making a lump sum payment set by GHPRD. Details as to cost of converting individual lots will be furnished upon request from the Cemetery office. Upon receipt of the required payment, GHPRD will issue a certificate agreeing to care perpetually for the lot. GHPRD reserves the right to set the rate at which lots will be assessed for care. GHPRD sets the fee for converting to Perpetual Care and may require conversion to perpetual care.
Where lot owners are in arrears for assessments for three years, the
lots or grave spaces are subject to repossession by GHPRD. Prior to
repossession, GHPRD will make reasonable efforts to notify lot
owners of the impending repossession. If a lot has been repossessed
for non payment of assessments in which all spaces are used and
someone desires to place a marker on a particular grave space, the
marker can be placed only after the Perpetual Care has been paid on
that grave.
Inasmuch as questions will arise as to the rights of kindred of the original purchaser of a lot, after his or her death, to inter upon a said lot, it is hereby declared, in order to make such rights more certain and definite, as follows: A. The original purchaser may stipulate who is to receive the use of any remaining spaces. Such designation may be made in writing, either at the time of purchase or at a later date. The signature of the original purchaser must be notarized. The letter must then be filed at the Cemetery office. In the event the purchaser should designate any person or persons other than members of his or her immediate family or kindred, such designation shall be invalid until signed and notarized instructions are received by the Cemetery office. GHPRD has the power to prohibit such designation for any reasonable cause. B. Should the original purchaser of a lot decease without having designated the persons to be buried thereon, then the right of burial on said lot shall pass to any kindred as provided in Section 1, Article 1, Chapter 42 of the Code of West Virginia. Two-thirds of the living descendants of the original purchaser must, by an agreement in writing, duly signed, notarized, and deposited with the Cemetery office, designate who has burial rights on said lot. Such agreement must be accompanied by satisfactory evidence in writing that the persons signing the same are kindred of the original purchaser. C. In the event the original purchaser of a lot has not made such designation and the descendants have not entered into such an agreement, then interments on said lot shall be made in the following order: 1. Space must be reserved for the spouse whether married again or not, and such spouse shall have first right to interment to the exclusion of all other persons. 2. The direct lineal descendants of the original purchaser in nearest degree of consanguinity shall have next right of burial in the order of their death; provided that grandchildren of the purchaser and kindred of more remote degree shall not be buried on said lot without the written consent of at least two-thirds of all the then living lineal descendants of nearer degree of consanguinity to the purchaser. 3. If there remain unoccupied spaces after providing for interments as aforesaid or if there be no lineal descendants, then collateral kindred in the nearest consanguinity to said purchaser in order of their death are entitled to interment thereon. 4. Notwithstanding, anything herein provided in these rules, GHPRD, in the exercise of its statutory discretion and without being in anyway answerable to any person, may without being thereto compellable, permit the burial on said lot of any person, whether or not belonging to any of the classes above mentioned, who, by reason of blood kindred or family relationship to or by reason of close association with the deceased lot owner or any person buried or presumptively to be buried on said lot, is deemed by GHPRD to be justly and equitably entitled to be buried thereon, unless there is on file with the Cemetery office, written objection to the burial of such person, duly signed and acknowledged by one or more persons of the class of nearest kindred then presumptively entitled to burial; in which latter case no burial outside the specific class of descendants of collateral kindred shall be made without the consent of such objector or objectors. D. In case burial rights in the same lot have been granted to more than one person, such rights shall be held by them as tenants in common, and in case of disagreement between them, or between the persons entitled after the death of either or both, GHPRD shall be entitled to make partition of such lot in severalty, as in its statutory discretion it may deem most equitable and just, without such discretion being in anywise subject to the control of any court and without being in anyway answerable for the exercise thereof. E.
In determining the ownership of burial rights, GHPRD shall not at
anytime be bound to recognize any person as grantee or owner of any
rights except the grantee name in the original conveyance and
successors as herein specified. Nor shall it at any time be bound to
recognize any agreement or understanding affecting such rights not
filed with and approved by the Secretary of GHPRD. The several regulating provisions of Article V are ordinances and any person found guilty of violating any one of said rules may be prosecuted as provided by law.
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