Rules and Regulations

RULES AND REGULATIONS GOVERNING HISTORYLAND MEMORIAL PARK LLC

PURPOSE

1. To be a place of beauty where memory loves to linger, a cemetery must be so designed that each burial site will be a unit which makes for the perfection of the whole.

Purchasers of such sites acquire only the right to the intended use of them and the Corporation retains the legal title to the ground itself. Because of this, a transaction is not ended with the final payment by a purchaser of the burial site but a continuing relationship exists between the seller and the purchaser.

All site owners and visitors within the cemetery, and all sites sold, shall be subject to these rules and regulations and subject further to such other rules, regulations, amendments or alterations as shall be adopted from time to time by the Corporation. The reference to these rules and regulations in contracts, certificates of ownership and other documents of Historyland Memorial Park LLC, shall have the same force and effect as if set forth in full therein.

 

DEFINITIONS

2. “Cemetery” as used in these rules and regulations is hereby defined to mean Historyland Memorial Park LLC.

3. “Owner” shall mean the owner of the right to interment in a burial site in the Cemetery.

4. “Interment” shall mean burial or entombment of the remains of a deceased person.

5. “Memorial” shall mean any marker or structure upon or in any site which is placed thereon for the purpose of identification or in memory of the interred.

6. “Contractor” shall mean any person, firm or corporation or anyone performing any work in the Cemetery grounds, other than an employee of the Cemetery.

7. “Burial Site”, “Interment Space”, “Site”, and “Grave” shall mean a space for the ground burial of one dead human body. An infant’s body or an urn containing cremated remains may, in addition, and with the consent of the Cemetery, be buried in the same space in which a person has or will be interred in a casket.

8. “Interment Right” shall mean the fully paid for privilege of the use by an Owner of a burial site.

9. “Corporation” shall mean Historyland Memorial Park LLC, which is the owner and operator of Historyland Memorial Park. The terms “Corporation” and “Cemetery”, unless the context indicates a contrary meaning, are used interchangeably in these rules and regulations.

10. “Manager” shall mean the person immediately in charge of the Cemetery operations at any particular time.

 

SUPERVISION OF CEMETERY

11. ADMISSION TO CEMETERY. The Cemetery reserves the right to compel all persons coming into the Cemetery to obey all rules and regulations adopted by the Cemetery. The rules and regulations may be changed by the Corporation without notice to any Owner. The Cemetery is a private enterprise and it reserves the right to refuse admission or the use of any Cemetery facilities at any time to any person whose conduct the management deems objectionable and contrary to the best interests of the Cemetery.

12. LIABILITY OF CEMETERY. The Cemetery shall take reasonable precautions to protect Owners and the property rights of 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, invasion, insurrection, riots, or order of any military or civil authority, whether the damage be direct or collateral, other than as herein otherwise provided.

13. ERRORS. The Cemetery reserves the right to correct any errors that may be made by it in making sales, transfers of property, or conveyances, by the substituting and conveying in lieu thereof of other interment rights of equal value and similar location as far as possible, as may be selected by the Cemetery or, in the sole discretion of the Cemetery, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person at such burial site, the Cemetery reserves and shall have the right to remove and transfer such remains so interred to such other site of equal value and similar location as may be substituted and conveyed in lieu thereof. The Cemetery shall also have the right to correct any errors made by it by the placing of an improper inscription, including an incorrect name or date either on the memorial or on the container for cremated remains.

14. MUST USE WALKS, ETC. Persons within the Cemetery grounds shall use only the avenues, walks, alleys and roads, and any persons injured while walking on the grass, except that be the only way to reach a burial site, or while on any portion of the Cemetery other than the avenues, walks, alleys or roads, shall in no way hold the Corporation liable for any injuries sustained.

15. AUTOMOBILES. Automobiles shall not be driven through the grounds at a speed greater than 15 miles per hour and must always be kept on the right side of the Cemetery roadways. Automobiles are not allowed to turn around on the driveways or roadways and are not allowed to park or to come to a full stop in front of any open grave unless such automobiles are in attendance at the funeral.

16. RIGHT TO RE-PLAT. The right to enlarge, reduce, re-plat or change the boundaries or grading of the Cemetery or any portion thereof from time to time, including the right to modify or change the locations of or any part thereof or remove or regrade roads, drives and walks is hereby expressly reserved by the Corporation.

17. The right to lay, maintain and operate, or alter or change pipelines or gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved, as well as the right to use Cemetery property remaining unsold to individual owners, for Cemetery purposes, including the interring and preparing for interment of human dead bodies, or for anything necessary, incidental or convenient thereto.

18. RIGHT OF PASSAGE. The Cemetery reserves to itself and to those lawfully within the Cemetery a perpetual right of ingress and egress over all burial sites, whether sold or unsold, for the passage to and from all other burial sites.

 

TRANSFERS OF INTERMENT RIGHTS

19. TRANSFERS. Upon completion of a purchase contract, the Cemetery shall transfer title to the burial rights to the purchaser by certificate of ownership after it is reasonably satisfied that all covenants are abided by; that reasonable provisions and protections for the proper development of the property and for the protection of the other Owners are abided by; and that all transfer and other fees and charges have been paid.

20. TRANSFERS OR ASSIGNMENTS; CONSENT OF CORPORATION REQUIRED. The sale or transfer of any interment right by any Owner shall not be binding upon the Corporation unless same shall first be duly approved in writing by the properly authorized officer of the Corporation, after which such interment right must be reconveyed to the Corporation, whereupon the Corporation shall issue a Certificate of Ownership to the new Owner subject to paragraphs 21, 22 and 23. The same rule shall apply in all cases of the assignment of a purchase contract for an interment right. This procedure is required in order that the Cemetery may at all times have a complete and accurate record of all Owners and purchasers.

21. TRANSFER CHANGES. Any and all transfers of interment rights, whether by conveyance or assignment of purchase contract, are subject to all rules and regulations of the Cemetery which are now in effect or which may be hereafter enacted. All transfers of ownership shall be subject to the charges fixed by the Corporation for this service, which charges must be paid to the Cemetery when the transfer is recorded and before a new Certificate of Ownership is issued.

22. INDEBTEDNESS. The Cemetery may refuse to consent to a transfer of a site or any interest therein, or to an assignment, so long as there is any indebtedness of any kind due the Corporation from the site Owner of record.

23. ERRONEOUS ISSUANCE OF CERTIFICATE OF OWNERSHIP. The issuance by the Corporation of a Certificate of Ownership on the basis of the transfer of any interment rights by the Owner or purchaser shall not constitute a guarantee of the validity of the title thereby conveyed, nor shall it constitute, necessarily, the Cemetery’s acknowledgement of the right of the assignee to use the space so conveyed. The provisions of Paragraph 13 of these Rules and Regulations relating to errors may be invoked to correct errors.

24. SUBDIVISION OF BURIAL SITES. No burial site, after a Certificate of Ownership has been issued to an Owner, may be subdivided.

25. USE OF SITE BY NON-OWNER. No one shall be buried in any site who has no legal interest therein except by the written consent of all interested parties and the Corporation.

26. NO ENCLOSURES. No enclosure of any kind, such as a fence, coping, hedge or ditch, shall be permitted around any burial site. Grave mounds will not be permitted and no site shall be raised above the established grade.

27. CORPORATION’S APPROVAL OF PURCHASES, ETC. Interment rights may be purchased, sold, assigned, transferred, pledged or hypothecated only with the written approval of the Corporation, subject to the rules and regulations of the Cemetery now or hereafter adopted. No such purchase, etc. will be approved unless done for the purpose of interment. This paragraph applies to all sales, whether made directly by the Cemetery or sales made by an Owner.

28. USE OF CEMETERY’S FORMS. All agreements for the purchase of interment rights, or transfers thereof, must be on the forms approved by the Corporation and signed by an officer of the same. All terms and conditions for the purchase or transfer of interment rights must be recited within the written purchase or transfer contract; oral agreements or representations will not be recognized.

29. EXCHANGE OF INTERMENT RIGHTS. The Corporation reserves the right to exchange for sites of equal size or value the site of any Owner which may be needed for any general improvement, feature or project or landscaping of any kind which is planned for the beautification, ornamentation of the Cemetery or the establishment of additional facilities created in order to render better services to the community and to other Owners.

In the event the Corporation desires to exchange an Owner’s site under this paragraph 29, prior to any burials being made therein, or under paragraph 10 (ERRORS) or under paragraph 13 (RIGHT TO RE-PLAT), notice of the exchange shall be sent to the Owner at the Owner’s last known address. The exchanged site shall be o equal or greater price than that which was originally paid for the same and shall be made with the Owner’s consent whenever possible. In the event the new location or any other that may be available is unsatisfactory to the Owner, the Corporation shall refund the original purchase price of the site it wishes to exchange as full satisfaction to Owner.

Written notice of intention to exchange shall be sent to the Owner by ordinary first-class mail; if no response from the Owner is received within 30 days of its mailing date a second notice shall be sent in the same manner. If no response is received within 15 days of the mailing of the second notice, the above refund provision shall expire and no longer apply. If either letter is returned bearing a notice that the addressee has moved and left no forwarding address, or that the forwarding order has expired, the proper notice shall be deemed to have been given.

The Corporation reserves the right thereupon to issue a supplemental contract or Certificate of Ownership, notifying the Owner of the new location it has selected in exchange and shall then proceed to correct its records to show the location of the new site, cancel the old contract or certificate and issue a new contract or Certificate of Ownership.

30. SITE OWNERS’ ADDRESSES. It shall be the duty of the site Owner to notify the Corporation of any change in his mailing address. Unless otherwise required elsewhere in these rules and regulations, a written notice sent to a site owner at the last address on file in the office of the Cemetery by regular first class mail shall be deemed sufficient and proper legal notification.

31. OWNERSHIP OF BURIAL SITES. Each owner is vested with the ownership of his or her interment rights for the sole purpose of the interment of human dead bodies. Interment rights may not be conveyed without the assent of the Corporation, nor may any use, division or improvements of them be made which the Corporation prohibits or deems improper. Owners of interment rights may dispose of the same subject to the conditions set out in these rules and regulations.

32. NO INTERMENT PERMITTED UNLESS SITES PAID FOR. No interment shall be permitted nor any memorial placed in or on any site not fully paid for except by special written consent of the Corporation and, in the event such consent should be given, any interment made or any memorial placed in or on said site shall be considered as temporary and no rights shall be acquired by the purchaser of said site until the purchase price for the same shall have been fully paid in cash, including both principal and interest. In case of default in payment and the purchaser of said site shall fail to meet all payments within thirty days after the same are demanded by the Corporation, then the Corporation may re-enter the site and hold the same free and clear of any and all claims of the defaulting owner and may retain such payments, including interest, as may have been made toward the purchase of the site as liquidated damages. In such event, the Corporation shall also have the right to remove and retain as its own property any memorial that may have been placed upon the site.

33. PERPETUAL CARE TRUST FUND. The general care of the Cemetery is assumed by the Cemetery under the provisions of Virginia statutes relating to Perpetual Care Trust Funds.

34. WORK TO BE PERFORMED BY CORPORATION. All work, grading, landscape work and improvements of all kinds and all care of sites shall be done and all trees and shrubs and herbage of all kinds shall be planted, trimmed, cut or removed and all openings and closings of graves and all interments, disinterments and removals shall be made only by the Corporation, its employees and contractors, or others under its direction and control.

35. CONTROL OF WORK ON BURIAL SITES. No persons other than the proper officers and employees of the Cemetery shall be allowed to perform any work on any burial site without a permit from the Cemetery.

36. CEMETERY MANAGER: DUTIES. All improvements or alterations of all property within the Cemetery shall be under the direction of and subject to the consent, satisfaction and approval of the Cemetery Manager; and, should the same be made without his consent, or should the same at any time become unsightly in his opinion, he shall have the right to remove, alter or change such improvements or alterations at the expense of the site Owner.

37. RIGHT TO REMOVE SHRUBS. If any tree, shrub or plant standing upon any site, by means of its roots, branches or otherwise, be or become detrimental to adjacent sites or avenues, or if for any other reason its removal is deemed necessary, the Cemetery shall have the right, and it shall be its duty, to remove such tree, shrub or plant or any part thereof, or to otherwise correct the offending condition as it, in its judgement, deems best.

38. RIGHT TO REMOVE OFFENSIVE MATERIAL. If any memorial, or any structure whatsoever, or any inscription or likeness placed on the same, shall be determined by the Cemetery, in its sole judgement, to be offensive, the Cemetery shall have the right, and it shall be its duty, to enter upon such site or structure and remove, change or correct the offensive or improper memorial, structure, inscription or likeness.

39. PLANTS AND FLOWERS. No person shall pluck or remove any plant or flower, wild or cultivated, from any part of the Cemetery.

 

FUNERAL REGULATIONS

40. SUBJECT TO LEGAL REQUIREMENTS. In addition to the requirements set out in these rules and regulations, all interments, disinterments and removals shall be subject to and performed in full compliance with the laws of the Commonwealth of Virginia and the orders of its properly constituted authorities.

41. TIME AND CHARGES. All interments, disinterments and removals must be made at the time, in the manner and subject to such charges as may be fixed by the Corporation.

42. INTERMENT IN WOOD CASES PROHIBITED. The Corporation reserves the right to require that every earth interment shall be enclosed in an approved concrete vault or a container made of such other material as may be approved by the Corporation.

43. CEMETERY IN CHARGE OF FUNERALS. All funerals, upon entering upon property of the Cemetery, shall be in charge of the Cemetery through its properly delegated officers and employees.

44. CASKET NOT TO BE DISTURBED. After being committed to the care of the Cemetery, no person, without the consent of the legal representatives of the deceased, or without a court order, shall be permitted to open a casket containing a body or to touch the body.

45. NOTICE OF FUNERAL. The Corporation may require at least twenty-four hour notice prior to any interment and at least seven day notice prior to any disinterment or removal.

46. AUTHORITY FOR USE OF PROPERTY. The Corporation reserves the right to refuse interment in any burial site and to refuse to open any interment space for any purpose except on written authority of the Owner of record, or upon authority of his legal heirs. Satisfactory proof of any individual’s right to give such written authority may be required by the Corporation.

47. CORPORATION’S EQUIPMENT MUST BE USED. Except with the prior permission of the Corporation, tents, artificial grass, lowering devices and other equipment owned by the Corporation shall be used exclusively in making interments, disinterments and removals.

48. GRAVE DIMENSIONS. The Cemetery reserves the right to determine the depth and size that a grave shall be dug in the earth; subject, however, to legal and health requirements.

49. ORDERS GIVEN BY TELEPHONE. The Corporation reserves the right to require written authorization for the opening of any interment space. The Corporation shall not be held responsible for failure to exercise this right and for mistakes which might be made as the consequence of accepting authorizations by telephone.

50. DELAYS IN INTERMENTS DUE TO PROTESTS. The Corporation shall be in no way 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 Corporation reserves the right under such circumstances to make temporary dispositions of the body, at the costs of the protestant, until the full rights shall have been determined. The Corporation shall be under no duty to recognize any protests of interment unless they be in writing and filed with the Corporation.

51. INTERMENT OF MORE THAN ONE BODY. Only one body may be buried in a single burial site unless the original contract of purchase makes specific provisions to the contrary, except that reinterments, cremated remains or the remains of an infant may, with the consent of the Corporation, be buried in the same site in which another interment has been or will be made. In the event of a second interment (cremated remains), the cost of the second interment right shall be 1/3 the price of the current burial space.

52. REMOVAL OF BODIES WHERE A CONTEST BETWEEN INTERESTED PARTIES. Upon the death of a married person the surviving husband or wife is entitled to the custody of the dead body and charged with the duty of furnishing proper burial; when that duty has been discharged and the remains of the dead have been buried, the right of custody in the surviving husband or wife at once ceases, and it may properly be said that the dead body thereafter is in the custody of the law, because the disturbance of its resting place and its removal is subject to the control and direction of a court of equity in any case properly before it. The Corporation, therefore, will make no commitment on its position whether it will or will not allow a disinterment to take place unless it is presented with a court order to do so.

53. DELAYS CAUSED BY STRIKES, ETC. The Corporation shall be in no way liable for any delay in the interment of a body or for any delay in the fulfillment of any of its contract or legal obligations, including but not limited to maintenance, care, memorial work or construction, which may arise from causes beyond its reasonable control and, especially, from delays caused by the elements, an Act of God, common enemy, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, orders of any military or civil authority, or failure of undertakers and funeral homes to adhere to the scheduled arrival times of hearses at the Cemetery.

 

MEMORIALS

54. ONE MEMORIAL PER GRAVE. Only one grave memorial will be permitted on one burial site, except in cases in which cremation remains or infants’ bodies are buried at the foot of a site. No memorial may be set to embrace two or more sites except a companion or family memorial. All memorials shall be set on uniform lines as prescribed by the Cemetery to conform to the general plan of the Cemetery. With the permission of the Cemetery, granite or marble benches will be allowed, in addition to or in lieu of a memorial.

55. TYPES OF MEMORIALS ALLOWED. The type of memorial allowed on each site or sites is dictated by the specific garden or section that it will be installed. Some gardens or sections allow upright memorials and some gardens and sections only allow flat memorials. Memorials may be made of flat bronze tablets installed on granite bases, flat granite or marble markers or upright granite or marble monuments of such dimensions, materials, design, finish and construction as may be designated by the Cemetery. Written approval by the Corporation must be secured before any marker or memorial not purchased from the Corporation may be delivered to the Cemetery for installation. All bronze markers and benches must be mounted only on granite bases.

56. COMPOSITION OF BRONZE. All memorials that are made of cast bronze, shall have the following composition:

Copper 87.0%
Tin 5.0%
Zinc 5.0%
Lead 2.5%
Other material 0.5%

If there is any dispute between the Corporation and any person offering a memorial for installation as to whether the memorial is made of bronze, the Corporation may require a statement from its manufacturer as to its content. If it then appears that the memorial is made of bronze as defined above, the Corporation will install the same upon its being paid its fee for installation.

57. The Cemetery, its licensees and permitees, shall have the right at any time to make, publish, display, sell or otherwise use or dispose of any copies, replicas, photographs, models, cases, tracings, prints, likenesses, or other reproductions or representations in any form, material, or size, of any property, including all or any portion of the property herein described or any embellishments thereof or additions thereto, and, if deemed desirable, to accompany the same with explanatory statements.

 

INSTALLATIONS AND FOUNDATIONS

58. INSTALLATION BY CEMETERY. All markers or memorials shall be installed by the Cemetery at the cost of the Owner and the Cemetery shall assume responsibility for the proper installation of such marker or memorial; but the Cemetery shall not be liable for any defective materials or defective workmanship beyond replacement or repair of such defective materials as have been furnished by the Cemetery.

59. MARKERS PURCHASED ESLEWHERE. If the marker or memorial is purchased from an outside agent and is approved by the Cemetery as hereinbefore set forth, a standard charge must be paid to the cemetery before installation.

 

GENERAL REGULATIONS

60. TRESPASSERS. Only the site owner and his relatives, shall be permitted on the burial site. Any other person thereon shall be considered as a trespasser and the Corporation shall owe no duty to said trespasser to keep the property or any memorials thereon in a reasonably safe condition.

61. DOGS. No dogs will be permitted in the Cemetery.

62. BICYCLES, MOTORBIKES, ETC. Bicycles, motorbikes, trail bikes, go-carts, and all similar vehicles are prohibited within the Cemetery.

63. INTOXICANTS. Beer, whiskey and all other intoxicants are prohibited within the Cemetery. The use of the same, however, in bona fide religious ceremonies is permitted.

64. CANS, BOTTLES AT SITES. No boxes, cans, bottles, jars, shells, toys, discarded glassware, sprinkling cans, receptacles, or similar articles will be permitted to remain on any burial site.

65. RESPONSIBILITY FOR DAMAGE. The Cemetery is not responsible for theft or damage to anything placed on burial sites.

66. REMOVALS, DISINTERMENTS. The Corporation reserves the right to refuse requests for removals and disinterments in the absence of a court order.

67. RIGHT TO ENTER UPON SITE. The Corporation and its employees, agents and contractors shall have the authority to enter upon any site and to remove any objectionable thing or any erection that may have been placed there contrary to these rules and regulations, and they may remove any dead or damaged tree, shrub or vine.

68. BENCHES. No chair, bench or trellis shall be permitted to be brought upon or remain upon the Cemetery, except that marble or granite benches which have been approved and installed by the Cemetery are permitted.

69. HOURS. Except with the written permission of the Corporation, no person is permitted to enter or remain within the Cemetery except during daylight hours.

70. TRESPASSERS. Any person found upon the Cemetery after dark will be considered a trespasser, as will any person found upon the Cemetery without a legitimate reason to be there and all persons who remain upon the Cemetery after having been told to leave.

71. REMOVAL OF FLOWERS, DECORATIOS.

A. No unsightly flower receptacles may be placed on or remain on any burial site. The Cemetery shall have authority to remove all floral designs, flowers, weeds, shrubs, plants, or herbage of any kind from the Cemetery as soon as, in its judgement, they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the standards set out in these rules and regulations. The Cemetery shall not be liable for lost, misplaced or broken flower vases or for loss caused by the elements, thieves, vandals or by other causes beyond its control. The Cemetery reserves the right to regulate the method of decorating lots so that a uniform beauty may be maintained and it reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or plants or herbage of any kind except by its consent.

B. To maintain the beauty of our Park, all floral and decorative objects are cleaned from the entire cemetery during the weeks of March 1st – 15th and November 15th – 21st. Please retrieve objects with significant meaning prior to these dates.
Only one decorative/floral object may be placed on a grave at a time. Flowers must be in an approved vase or secured on top of the monument. Nothing is allowed on the ground during grass cutting season March 1st – November 15th. Wreaths and sprays on easels are permitted only between November 15th – March 1st, and must be anchored securely to the ground away from memorials. Wind chimes are permitted only if hung on tree branches and have sounding elements that are less than six inches in length.
Artificial flowers are permitted, but may be removed at our discretion when they become weathered or are damaging the memorial.
Flowers should be securely anchored in the vase. If flowers are blown away, we are not responsible to return them to the correct grave or to provide compensation for their loss. See our office for suggestions regarding this.
Graves are cleared of wilted or weathered objects throughout the year as deemed necessary by the Groundkeepers. If you wish to retrieve a live plant, please be sure to do so before the plant wilts. We are not responsible for flowers and plants left on graves.
Mausoleum and Columbarium floral tributes are to be placed only in areas designated by the Cemetery.
Groundskeepers reserve the right to reposition or remove objects that do not conform to the Cemetery Rules & Regulations or interfere with the performance of their duties.
Other stipulations:
• Small American Flags are always permitted either in vase or in ground immediately beside memorial.
• Planting only in areas designated by the Cemetery.
• No glass containers, tin cans, etc.
• No miscellaneous objects (pinwheels, solar lights, garden flags, statues, trinkets, etc.)
• Decorations not in compliance with these regulations will be removed.
• Funeral flowers left after the burial will be removed by the Cemetery Staff when they become unsightly.

 

72. (RESERVED).

73. SACRED PREMISES. All persons are reminded that the grounds of the Cemetery are sacredly devoted to the burial of the dead and that the provisions and penalties of the law relating thereto will be strictly enforced.

74. DO NOT DISTURB. Touch nothing in the Cemetery that does not belong to you. This is the only safe rule to adopt in visiting this Cemetery.

75. NO FIREARMS. No person except an employee of the Cemetery shall be permitted to bring or carry firearms within the Cemetery except a military guard of honor during a military service.

76. NO PLANTING BY OWNERS. All work and planting of any kind on any burial site is strictly prohibited. Cut flowers may be used at any time.

77. POTTED PLANTS; WREATHS. Placing potted flowers, plants, wreaths or baskets on burial sites is permitted; subject, however, to the provisions of paragraph 71B. The digging of holes for any purpose is strictly prohibited.

78. REMOVAL OF PLANTS, ETC. The Cemetery reserves the right to remove all flowers, potted plants, wreaths or baskets of flowers when they become withered, or for any other reason, and the Cemetery Manager is ordered to make such removals when, in his judgement, it is in the best interests of the Cemetery.

79. CEMETERY MANAGER TO ENFORCE RULES. The Cemetery Manager is hereby empowered to enforce all rules and regulations and to exclude from the Cemetery any person violating the same. He or she shall have charge of the grounds and buildings and shall have supervision and control of all persons in the Cemetery, including the conduct of funerals, weddings, traffic, employees, site owners and visitors.

Section 19. 2-14 of the Code of Virginia provides, in part, the following: “The superintendent or other person in charge of any…cemetery shall, for the purpose of maintaining order and enforcing the criminal and police laws of the …county or city in which such…cemetery is situated, have all the powers, functions, duties, responsibilities and authority of a conservator of the peace within the…cemetery over which he may have charge and within one-half of a mile around the same”

80. NOTICES AND ADVERTISEMENTS. No signs or notices or advertisements of any kind shall be allowed in the Cemetery unless placed by the Corporation.

81. PEDDLING AND SOLICITING. Peddling of flowers or plants or soliciting the sale of any commodity, other than by employees of the Corporation, is positively prohibited within the Cemetery.

82. RUBBISH. The throwing of rubbish on the grounds of the Cemetery is prohibited.

83. LOUNGING ON GROUNDS. Strangers shall not be permitted to sit or to lounge on any part of the grounds, burial sites or improvements in the Cemetery or in any of the buildings.

84. CHILDREN. Children under fifteen years of age shall not be permitted within the Cemetery unless accompanied by a proper adult companion to oversee and enforce their appropriate behavior.

 

MODIFICATIONS

The Corporation may, and it hereby expressly reserves the right, at any time, with or without notice to Owners, to adopt new rules and regulation or to amend, alter or repeal the same.

Special cases may arise in which the literal enforcement of a rule or regulation may impose unnecessary hardship or be plainly inappropriate. The Cemetery, therefore, reserves the right, without notice to anyone, to make exceptions, suspensions or modifications to any of the rules and regulations when, in its judgement, the same appears advisable; and such temporary exceptions, suspensions or modifications shall in no way be construed as a permanent amendment or as affecting the general application of such.