Cemetery

SUBJECT TO LAWS. All interments, disinterments, and removals are made to subject to the orders and laws of the properly constituted authorities of the City, County and State.

TIME AND CHARGES. All interments, disinterments, and removals must be made at the time and in the manner and upon services must be paid at the time of issuance of order of interment or disinterment.

AUTHORIZATION OF ONE PLOT OWNER SUFFICIENT. The Superintendent reserves the right to make an interment of any member of the immediate family of any one of several plot owners upon his written authorization. No other person may be interred in any plot without the written consent of all these owners of the plot who are on record as such on the books of the Cemetery.

LOCATION OF INTERMENT SPACE. When instructions regarding the location of any interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the Superintendent may in his discretion open it in such location in the plot as he deems best and proper, so as not to delay the funeral; and the Cemetery shall not be liable in damages for any error so made.

ORDERS GIVEN BY TELEPHONE. The Cemetery shall not be held responsible for any order given by telephone, or for nay mistake occurring from the want of precise and proper instructions as to the particular space, size, and location in a plot where interment is desired.

ERRORS MAY BE CORRECTED. The City of Ellijay reserves, and shall have, the right to correct any errors that may be made by it either in making interments or removals, or in the descriptions, other interment property of equal value and similar locations 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 purchase. In the event such error shall involve the interment of the remains of any person in such property, the Superintendent 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.

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 protests of interments unless they be in writing and field in the office of the Clerk of the Cemetery.

INTERMENT OF MORE THAN ONE BODY. Not more than one body, or the remains of more than one body, shall be interred in one grave, or vault.

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

MAY OBTAIN LARGER PLOT. A body, or cremated remains, may be removed from its original plot to a larger or better plot in the Cemetery, when there has been an exchange or purchase for that purpose.

PLOT INALIENABLE BY INTERMENT. Whenever an interment is made in a plot that has been transferred by deed or certificate of ownership to an individual owner by the Cemetery and is held as a separate plot, it shall be indivisible; and the whole of such burial plot thereby becomes inalienable and shall be held as the family burial plot of the owner, in which one grave, niche, or crypt may be used for the owner’s interment , one for the interment of the surviving husband or wife, if any, of the owner who by law has a vested right of interment therein, and those remaining, If any, the parents and/or children of such deceased owner may be interred, in the order of need, without the consent of any person claiming any interest therein. In the event there shall be no parent or child surviving such deceased person the right of interment therein shall go to the next heirs at law of said deceased owner as specified by the statues of descent. Any surviving husband or wife, and any parent, child, or heirs of such deceased owner, may waive his or her right to interment in said plot in favor of any other relative of such deceased owner or of his wife, and, upon such waiver, the body of the person in whose favor the waiver is made may be interred therein.

DESCENT OF RIGHT OF INTERMENT. If no interment has been made in a plot which has been transferred by deed or certificate of ownership to an individual owner by the Cemetery, or if all the bodies have been lawfully removed therefrom, in the absence of the specific disposition thereof by the owner’s last will and testament, the whole of said plot, except the one grave, which must be reserved to the surviving husband or wife of the owner, shall upon the death of said owner, descend in regular line of succession to the heirs at law of the owner.

TRANSFER OR ASSIGNMENT. No transfer or assignment of any plot, or interest therein, shall be valid without the consent in writing of the City first to be had and endorsed upon such a transfer or assignment, and thereafter being recorded on the books of the Cemetery. In the event of the owner, or owners, of any unoccupied lots or burial plots desire to dispose of the same the City of Ellijay shall have first option to repurchase the same from the owner, or owners, thereof, at a price not to exceed theoriginal cost of lots or fifty percent of the price which the Cemetery is presently selling like lots similarly located.

RECORDING OF DEEDS. A charge of $2.50 must be paid to the Superintendent when a transfer is made, a burial plot is purchased, or a plot is resold to the City.

MAY NOT SUBDIVIDE PLOTS. The subdivision of plots is not allowed, and no one shall be buried in any plot not having any interest therein, except by written consent of all parties interested in such plot; however, a relative of any record owner may be buried in said plot as provided in these rules or in the laws of the State.

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. The City shall have the right to remove, alter, or change such improvements or alterations at the expense of the plot owner, or, in any event, if at any time, in their judgment, they become unsightly

FLORAL REGULATIONS. The Cemetery, shall have authority to removal all floral designs, flowers, weeds, trees, shrubs or herbage of any kind from the Cemetery as soon as, in the judgment of the Superintendent, they become unsightly, dangerous. Detrimental, or diseased, or when they do not conform to the standards maintained. The Cemetery shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces for funeral services are held in the Cemetery. The Cemetery shall not be liable for lost, misplaced, broken or otherwise damaged flower vases. The Cemetery shall not be responsible for frozen plants, or herbage of any kind, or for plantings damaged by the elements, thieves, vandals, or by other causes beyond its control. The Superintendent reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. The Superintendent reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, or plants, or herbage of any kind, unless he gives his consent.

URNS ON CEMETERY GROUNDS. Urns of all kinds are prohibited on Cemetery grounds.

RIGHT TO REPLAT, REGRADE, AND USE PROPERTY. The right to enlarge, reduce, replat, and/or change the boundaries or grading of the Cemetery or of a Section or Sections, from time to time including the right to modify and/or change the locations of or remove or regrade roads,drives, and/or walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain, and operate, or alter or change pipe lines and/or gutters for sprinkling systems, irrigation, drainage, lakes,etc., is also expressly reserved, as well as the right to use the Cemetery property not sold to individual plot owners, for Cemetery purposes. The Cemetery reserves to itself and to those lawfully entitled thereto, a perpetual right of ingress and egress over plots for the purpose of passage to and from other plots.

NO RIGHT GRANTED IN ALLEYWAYS. No easement or right of interment is granted to any plot 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 access to the Cemetery or buildings as long as the City devotes to that purpose.

CHILDREN. Children under fifteen years of age shall not be permitted within the Cemetery, or its buildings, unless accompanied by proper persons to take care of them.

FLOWERS, ETC. All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery, or plants, or feeding or disturbing the birds or other animal life.

REFRESHMENTS. No person shall be permitted to have refreshments within the Cemetery. Throwing rubbish on the drives or any part of the grounds or buildings is prohibited.

AUTOMOBILES. Automobiles shall not be driven through the grounds at a speed greater than fifteen miles per hour, and must always keep to the right hand side of the Cemetery roadway. Automobiles are not allowed to park in the main driveway at any time or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral.

FIREARMS. No firearms shall be permitted within the Cemetery except for military services.
NOTICES AND ADVERTISEMENTS. No signs or notices or advertisements of any kind shall be allowed in the Cemetery.

IMPROPRIETIES. 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 Superintendent shall have the power to prevent improper assemblages.

SUPERINTENDENT TO ENFORCE RULES. The Superintendent is hereby empowered to enforce all rules and regulations and to exclude from the property of the Cemetery any person violating the same. The Superintendent shall have charge of the grounds and buildings, and at all times, shall have supervision and control of all persons in the Cemetery, including the conduct of funerals, traffic, employees, plot owners, and visitors.

WHEN CEMETERY IS RESPONSIBLE. The Cemetery shall take reasonable precaution to protect plot owners, and the property rights of the plot owners, within the Cemetery, from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, 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.

PLOT OWNERS MUST NOTIFY CITY. It shall be the duty of the plot owner to notify the City of any change in his post office address. Notice sent to a plot owner at the last address on file in the office of the clerk of the Cemetery shall be considered sufficient and proper legal notification.

Lots are layed off as shown on plat on file at City Clerk’s office. Each lot is 5’  X  10’ with a 2’ walkway between each row of lots. A marker designating the lot numbers are placed at least every 20’ between rows of lots.

The price of each lot is $750.00 unless changed by the Mayor and Council in the future.

CONSENT OF THE CEMETERY. No transfer or assignment of any plot, or interest therein, shall be valid until the consent of the Cemetery has been endorsed, thereon and the same has been recorded on the books of the Cemetery.

INDEBTEDNESS. The Cemetery may refuse to consent to the transfer or to the assignment as long as there is any indebtedness due the Cemetery from the record plot owner.

TRANSFER CHARGES. The Cemetery may fix a charge for all transfers of ownership in plots. No transfer of ownership shall be complete or effective until all charges have been paid in full.

PRODUCERS AND RETAIL DEALERS.

1. Producers of monumental materials, meaning thereby quarries who also manufacture memorials, and manufacturers of memorials not quarries must agree to sell only first grade, clear stone for memorial purposes, that it will not check and agree that should such faults develop within five years from date of setting, the memorial will be replaced without cot to the City or lot owner, by such quarries so manufacturing said memorial, or by the manufacturer thereof who will look to his quarries for adjustment on material, such adjustments not to delay the replacement of the memorial in the Cemetery.

2. Workmen employed in placing or erecting monuments and other structures, or bringing in materials, shall, as to the Cemetery, operate as independent contractors, but must do so under permission from the City and must be under the general supervision of the Superintendent of the Cemetery.

3. Persons engaged in erecting monuments, or other structures, are prohibited from attaching ropes to monuments, trees and shrubs, or from scattering their material over adjoining lots, or from blocking avenues or driveways, or from leaving their on the grounds longer than is absolutely necessary. They must do as little injury to the grass, trees and shrubs as possible, and must remove all debris and restore the ground and sod to its original condition. No monument company will be permitted to do work of any kind in the Cemetery except during regular working hours and days.

4. Any damage done to the Cemetery by dealers or contractors, or their agents, shall be repaired by the Cemetery, and the cost of such repair shall be charged to the dealer or contractor, or to his principal.

5. No material, machinery, or other thing for the construction of vaults, mausoleums, monuments, or such structures, or monuments themselves may be brought into the Cemetery until required for immediate use; nor, under any circumstances, when a funeral is in process, nor between Saturday noon and Monday morning; and no work shall be done during said time; nor shall such material be placed on lots adjoining the one on which such structure is to be erected without special permission from the Superintendent.

6. Work shall proceed promptly until the erection of the memorial is completed.

7. While a funeral or interment is being conducted nearby, all work of any description shall cease.

8. Approaching the bereaved and soliciting memorial business within the Cemetery is not permitted.

9. Memorial dealers shall abide by all rules of the Cemetery.

1. While the Cemetery will exercise all possible care to protect raised lettering, carving, or ornaments on any memorial, or other structure, on any lot, it disclaims responsibility for any damage or injury thereto.

2. No coping, curbing, fencing, hedging, grave mounds, borders, or enclosures of any kind, shall be allowed around any graves or lot; and no walks shall be allowed on any lot. The Cemetery reserves the right to remove the same if so erected, planted, or placed.

DESIGN AND FINISH.

1. City shall have authority to reject any plan or design for any memorial which on account of size, design, inscription, kind or quality of stone is in the opinion of the Superintended unsuited to the lot on which it is to be placed.

2. The Superintendent reserves the right to stop all work of any nature, whenever, in its opinion, proper preparations therefor have not been made or when tools and machinery are insufficient or defective; or when work is being execute din such a manner as to threaten life or property; or when the monument dealer has been guilty of misrepresentation; or when any reasonable requests on the part of the Superintendent is disregarded; or when work is not being executed according to specifications; or when any person employed on the work violates any rule of the Cemetery.

3. The completed work is subject to the approval of the Superintendent, and, if unsatisfactory, it may be removed by the Superintendent.

4. The name or inscription on each monument, vault or marker, must correspond with the name and record in the office of the Cemetery and no changes shall be made thereon except upon request of the proper parties and by permission of the Superintendent.

5. Duplication of the design of any memorial shall not be permitted in a location sufficiently near to the original that the duplication is readily noticeable.

6. All die stones shall be finished on at least the front and back.

7. No memorial showing drill or tool marks, or straining from removal of rubber mat used for sand engraving, shall be considered as first grade workmanship.

8. The coloring, painting, enameling, lacquering, or bronzing of letters or other parts of stone or bronze work is prohibited.

MATERIALS.

1. Artificial stone of any description shall not be permitted.

2. The use of bronze is approved for tablets when attached to monuments or markers of natural stone provided the bronze has been cast from an alloy containing not less than 85% copper nor more than 5% lead, and purchased from an approved dealer. Suppliers shall be required to certify as to the analysis of the bronze. No other metals are approved for such use unless they are substantially noncorrosive and are of proved permanency.

FOUNDATIONS.

1. Foundations (for all monuments) shall be built at least to the depth of the lowest interment in the graves, and shall be finished with grade at the top.

MISCELLANEOUS .

1. Should any memorial become unsightly, dilapidated, or a menace to visitors, the Superintendent shall have the right either to correct the condition or to remove the same, at the expense of the lot owner.

2. No monument or marker shall be removed from the Cemetery, except by the City, unless the written order of the plot owner be presented at the office of the Superintendent and permission be granted.

3. Recessed flower vases must be of a type approved by the Superintendent and which will lock securely and be flush with the stone or marker when not in use. Adequate provision shall be made for drainage in the receptacles.

EXCEPTIONS AND MODIFICATIONS. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The superintendent therefore reserves the right without notice to make exceptions, or modifications in any of these rules and regulations when in his judgment, the same appear advisable, and such temporary exception, suspension, or modifications shall in no way be construed as affecting the general application of such rule.

1. Burials of infants on line between graves are not permitted.
2. Cremation burials on line between graves must have marker flush with ground.
3. Glass containers of all kinds are prohibited on Cemetery grounds.
4. Planting of any trees or shrubbery of grave plantings without approval of the Superintendent is prohibited.