Cemetery

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Rules and Regulations

FOREWORD

The Kennard Cemetery is owned by the Village of Kennard, Kennard, Nebraska.

The management of the cemetery shall be under the direction of the Kennard Cemetery Board, who in turn shall be responsible to the Village Board of Kennard.

All applications for purchase, transfers, assignments or repurchase of the cemetery grave spaces, interment and disinterment permits shall be made to the Cemetery Sexton.  All monies received by the Sexton shall be remitted to the Village Clerk of Kennard for deposit.

It is the desire of the Village of Kennard to make the Kennard Cemetery a quiet, beautiful place for the deceased, where a sense of repose will be obtained by dignified landscape effects on a well-maintained lawn.  To secure these effects, the Village of Kennard will continue to provide maintenance.  In order to preserve these effects, it will require the cooperation of every lot owner to comply with these rules and regulations.  Anything, which would mar the general beauty and harmony of the cemetery, must be avoided.  Peace and good order must prevail, and the sacredness of the cemetery must be always maintained.  It is to this end that these rules and regulations have been implemented.

These rules govern the use and operation of the Kennard Cemetery, located in Kennard, Washington County, Nebraska.

ARTICLE 1

GENERAL RULES

1.  The cemetery is open every day of the year weather permitting.

2.  No person shall:

       

    1. Operate a motor vehicle within the Cemetery except on an established roadway.
    2. Dispose of rubbish or debris on any part of the Cemetery grounds, except in an approved receptacle provided by the Cemetery.
    3. Disturb any trees, shrubs, plants or monuments without consent of the Cemetery Board.
    4. Consume or carry alcoholic beverages onto Cemetery premises.
    5. Permit any pets to enter or remain in the Cemetery unless such pet is on a leash.
    6. Carry or discharge a fire arm in or adjacent to the Cemetery except those carried by Police Officers or those carried or fired by an Organized Honor/Color Guard or Firing Squad.
    7. Erect a marker, monument or vase without first contacting the Cemetery Board and obtaining the necessary authorization and/or permits.
  1. The Cemetery Board has the general oversight of the Cemetery and shall coordinate the time and day of all internments, including disinterment, with all Funeral Directors or family members.
  1. The Kennard Village Board reserves the right for Village workers and those persons necessary to the performance of normal Cemetery operations to enter on or cross over any lot or grave space in the Cemetery in performing such duties as are deemed necessary by the Cemetery Board.
  1. The Village of Kennard, its employees or the Cemetery Board shall not be financially responsible for any damage to grave spaces, monuments, vases or structures thereon for flowers or articles removed from any grave space or lot.
  1. The Village of Kennard, its employees or the Cemetery Board shall assume no liability for property or physical damage or mental anguish caused or alleged to be caused in the performance of normal operations or loss of damage by vandals or any third party.
  1. All traffic rules of the Village of Kennard shall be applicable to operations of vehicles in the Kennard Cemetery.  No vehicle shall be operated in excess of 10 miles per hour within the Cemetery.  Any person driving in the Cemetery shall be responsible for any damage done by the vehicle, and/ or person of such vehicle.
  1. The Kennard Cemetery Board shall have the right, at any time, to amend or change these rules and regulations.  The changes shall be presented to the Kennard Village Board for final approval before implementation.

ARTICLE 2

INTERMENTS, DISINTERMENTS AND REMOVALS

  1. All interments, disinterments and/or removals from the Cemetery are subject to these rules and the Statues of the State of Nebraska.
  1. Interments on Saturday afternoons, Sundays, or Village recognized Holidays shall be allowed for religious reasons, extraordinary, or extenuating circumstances.
  1. Interment services, disinterments and/or removals shall be made under the direction of the Cemetery Board according to the laws of the State of Nebraska, Washington County, and the State Board of Health and in the presence of a Licensed Mortician (except in the case of a cremation interment or disinterment).
  1. Disinterments or removals will not be permitted on Saturdays, Sundays, or National or Village recognized holidays.
  1. The Cemetery Board shall be given at least one-week notice of the intention to disinter or remove a body from the Cemetery or move to another part of the Cemetery.  When disinterment is made, the Cemetery Board shall permit only the following persons to be present:
    1. A member or members of the immediate family.
    2. The Mortician conducting the disinterment.
    3. A Legal Enforcement Official authorized by a Court Order.
    4. Any other person specifically authorized by Law or Court Order.
    5. Any other person(s) that are needed to perform disinterment and or reinterment.
  1. The interment of two bodies in one grave space will not be permitted except in the        following cases:
    1. Two infants.  (Infant is under two years old)
    2. One infant and one cremation.
    3. Two cremations.
    4. One adult and one infant in one casket
  1. No interments of any body other than that of a human being will be permitted within the Cemetery.
  1. All cremations shall be buried pursuant to Nebraska Department of Health Regulations. (These are the rules that the funeral homes must go by in performing the cremation of the bodies.) All cremations shall be buried in a cement or fiberglass vault.  They must be buried 3 to 3 ½ feet deep.  NO ASHES ARE TO BE SCATTERED ON TOP OF THE GROUND.  The Blk, Lot, Space location must be located by a Cemetery Board Member prior to burial.
  1. No interments will be permitted until the Cemetery Board has issued a burial permit and all laws and regulations relative to the interment have been complied.  No interments shall be made until such grave space or spaces have been paid.
  1.   Advance notice of not less than forty-eight (48) hours must be given to the    Cemetery Board, of the intention to enter the remains of any person who died of a virulent contagious disease and arrangements made in accordance with the rules of the State Board of Health made for the protection of the public and the Cemetery employees.  If any additional costs are incurred in this process the Cemetery Board shall bill such cost in addition to the standard cost.
  1.   The Lot Owner and/or Funeral Director shall designate the location of the graves on the lot to the Cemetery Board and any change of location made after the opening of the grave has begun shall be at the expense of the lot Owner/Funeral Director.  When definite information for locating a grave is not available in ample time for grave preparation to meet the time requested for interment, the Cemetery Board will exercise best judgment in establishing the location in order that the requested time for interment may be met.  The Village of Kennard, its employees or the Cemetery Board assume no responsibility for any error in such location.  An additional charge will be made for any change requested.
  1.   The Village of Kennard, its employees, or the Cemetery Board shall not be held responsible for any orders given by phone, or for any mistake resulting from the lack of precise and proper instructions as to the particular space, size, or location in a plot where an interment is desired.
  1.   The Village of Kennard or the Cemetery Board shall be in no way liable for any delays in the interment of a body where a protest to the interment has been made or where the rules or regulations have not been followed.  The Village of Kennard or the Cemetery Board shall be under no duty to recognize any protest to interment unless they are in writing and filed at the Village Office.
  1.   All interment shall be contained in a concrete box or vault only, except for infants, who may use a fiberglass casket vault combination.  A cremation must  use a fiberglass urn, vault or monument in which the ashes are enclosed within.
  1.   Disinterments by heirs of a body so that the grave space or lot may be sold for profit to themselves or to any other persons, or disinterment contrary to the written directions of the original grave space or lot owner, shall not be allowed.
  1.   The Village of Kennard and/or its employees or the Cemetery Board shall not be liable for any damages to any casket, vault, or box incurred in making a removal.  Fee charges for such service are set in Appendix A.

ARTICLE 3

BLOCKS, LOTS AND GRAVE SPACES

  1. Generally, the Cemetery is divided into blocks, which are in turn subdivided into lots.  In Blocks 1 through 6, there are 5 spaces to a lot.  In Blocks 7 and 8, there are 6 spaces per lot.  Blocks 9, 10 and 11 have 5 spaces to a lot.
  1. All arrangements to purchase a lot or grave space shall be coordinated with the Cemetery Board Sexton, after which the purchaser shall make payment to the Village of Kennard for such purchase.  The purchaser shall receive a Cemetery Deed from the Cemetery Board Sexton for the lot or grave spaces purchased.  A purchaser acquires no right, title, or interest and may not inter a body or cremation in any grave space in the Cemetery; until he has paid in full for said grave space or spaces, along with all interment fees.
  1. It shall be the duty of the purchaser to record all deeds issued by the Cemetery Board Sexton at the Office of the Registrar of Deeds for Washington County.  The Village of Kennard or the Cemetery Board has no duty to record a Purchaser’s Deed.
  1. A lot owner may sell their grave space or spaces; however the Village of Kennard shall have no obligation to recognize the transfer unless a copy of the deed recorded with the Registrar of Washington County is filed with the Village Clerk.  All grave spaces sold back to the Village of Kennard must be conveyed by Warranty Deed.
  1. The Cemetery Board shall have the right to refuse to consent to a transfer or any conveyance of said grave spaces if there is any kind of indebtedness due to the Cemetery by a recorded lot or grave space owner.
  1. If there are no heirs at law of a lot owner and he or she has not provided by will for the disposal of lots, the remaining space or spaces escheat back to the Village of Kennard after normal inquiry of any known relatives and in accordance with State laws pertaining to the above.
  1. A single interment may not be buried so as to occupy more than one grave space without written direction from the lot owner or his heirs.

ARTICLE 4

CARE OF CEMETERY

  1. All grading, general landscape work, improvements, all openings and closing of graves and all interments, disinterments and removals shall be made by Village of Kennard employees or an approved delegate.
  1. All planting of trees, shrubs, bushes, plants, and flowers shall be under the direction of the Cemetery Board.  Any removal or pruning of the above listed items must also be under the Cemetery Board’s supervision.  The Cemetery Board may remove any unauthorized plantings and the Village of Kennard, its employees or the Cemetery Board shall not be liable for such removals.
  1. Floral arrangements and designs, flowers, shrubs, trees, weeds, or any herbage or any plastic or any other item may be removed by the Village of Kennard, its employees or Cemetery Board whenever they are judged to be unsightly, dangerous, detrimental, diseased or distracting from the general décor of the Cemetery.  The Village of Kennard, it’s employees or the Cemetery Board shall not be liable for flower pieces, baskets, frames or other objects left for or after a funeral service or for decoration of a grave over winter.  The Village of Kennard, its employees or Cemetery Board shall not be liable for lost, misplaced or otherwise damaged flower cases unless damaged by the Village of Kennard’s personnel in the performance of their duties.  The Village of Kennard, its employees or Cemetery Board shall not be responsible for frozen plants or herbage of any kind, or for plantings or herbage of any kind, or for plantings damaged by the elements, drought, lack of water, thieves, vandals, or by other causes beyond its control.
  1. Glass containers of any kind are not permitted in the Cemetery.  The Village of Kennard, its employees or Cemetery Board are not responsible for any cost of replacement or injury because of such containers.
  1. Flowers (silk, plastic or real), shepherd hooks, along with any other type of decoration are not permitted on lots or grave spaces from April 1 through November 1 except five (5) days before Memorial Day to fourteen (14) days after unless contained in a permanent type of container approved by these rules.  If left on the grave, they will be removed.
  1. Patrons of the Kennard Cemetery may decorate grave spaces or lots from November 1 through April 1 with any items they wish except for any glass items.  The Village of Kennard, its employees, or the Cemetery Board, however, are not responsible for any items that have been moved, damaged or lost during this time period either in the performance of their duties or by other third parties.
  1. The right to replat, regrade, use property, change boundaries, remove, regrade, or pave roadways, change location of drives and walks, alter or change water lines, along with removing or planting trees etc., is expressly reserved by the Village of Kennard and the Cemetery Board.
  1. Patrons of the Kennard Cemetery may water grave spaces, lots, trees, and bushes or flowers.
  1. Curbing, fences, or hedges around any grave space, or lots are prohibited.
  1. No elevated mounds shall be built over graves and no lots shall be filled above the level established by the Cemetery Board.

ARTICLE 5

MONUMENT AND MARKER REGULATIONS

  1. Permanent flower vases, allowed by these rules, separate from the headstone or monument must be placed at the North and South ends of the foundation only.
  1. The length of a marker or monument (this does not include grave slabs as they will not be allowed in the Cemetery) may not exceed 75% of the width of a single grave or when two (2) or more adjoining grave spaces are used, the length may not exceed 75% of the total width of those spaces.
  1. The Kennard Cemetery Sexton may charge a fee to the lot owner or person requiring the movement of a large monument or marker or to open a grave.  The Village of Kennard or the Cemetery Board is not responsible for the replacement of any foundation damage to open a grave.
  1. All Memorial foundations shall be placed on solid ground outside of the actual grave space, except where a concrete box or vault is of sufficient strength to support the weight of the foundation and memorial and will not interfere with future grave openings.
  1. All permits and fees shall be paid before any monuments, markers vase or foundation work can begin.  See appendix A for any fees.
  1. The wash for any monument or markers shall be level with the ground at least 6” thick and extend no more than 4” away from the monument or marker.  The lot owner is responsible for maintenance and repairs of the wash.
  1. All monuments or markers shall be no more than 16” in width and be set in a straight line with lot lines.  All monument companies shall locate all corner pins in order to maintain said straight lines.
  1. For all large monuments the Village of Kennard and the Kennard Cemetery Board reserves the right to regulate the construction materials, size and design, which will prevent settlement or damage to the stone work, or regulate that which would detract from the dignity or appearance of the Cemetery.
  1. All new ground level vases shall be installed against the monument or markers as part of the base or wash on the North and South ends only.  The only exception shall be where a vase is being replaced and must match a second existing vase.
  1. No foundation or vase shall extend outside the grave space or lot owned by a lot owner.
  1. All monuments or markers shall be constructed of marble, granite, or bronze.  Rock, steel, aluminum, or formed concrete plate etc. shall not be used for markers or monuments.
  1. The setting of monuments, markers, or vases and the transportation of all tools, materials, etc. within the Cemetery shall be subject to the supervision and control of the Kennard Cemetery Board.  Vehicle traffic will not be permitted within the Kennard Cemetery when in the opinion of the Cemetery Board such traffic may cause damage to roadways.
  1. Monuments or markers shall not be removed unless notice has been given to the Kennard Cemetery Board in writing.
  1. The following restrictions for the placement of monuments and markers apply to each section of the Cemetery as follows:

In all Blocks, monuments or markers shall be placed on the West end of the grave.  After July 1, 2005, footstones cannot be placed unless they are at ground level.

  1. No footings, vase placements, markers or monuments shall be constructed on weeknights or on weekends without authorization of the Cemetery Board.  The following requirements shall apply to all monuments and markers:
  1. Monuments or markers 16 inches high or less and 6 feet long or less shall have a foundation equal to the size or the monument or marker and shall have one 6-inch diameter hole 4 feet deep for each one foot of length of the marker.
  1. Monuments or markers 16 inches to 42 inches high and 36 inches long shall have a foundation equal to the size of the monument or marker and shall have one 6-inch diameter hole 4 feet deep for each one foot of length of the marker.
  1. Monuments or markers 36 inches high or more and 6 feet long or less shall have a foundation equal to the size of the monument or marker and shall have one 6-inch diameter hole 4 feet deep for each foot of length of the marker.
  1. If monument and marker cannot be placed outside of the actual burial space, the 6-inch diameter hole will be deep enough to rest upon the concrete base or vault.
  1. Dry mix will be allowed, but the post hole must be dug.

ARTICLE 6

MAUSOLEUMS

                            No mausoleums will be allowed in the Kennard Cemetery.

ARTICLE 7

FEES, CHARGES, PERMITS, AND PAYMENTS

    1. The payment of all fees, charges, permits and payments are payable at the time of service and shall be made to the Kennard Cemetery Sexton.
    1. A schedule of all fees, charges, permits and payments as established by the Village Board of Kennard and the Kennard Cemetery Board and stated in Appendix ‘A’ hereto shall be on file in the office of the Kennard Cemetery Sexton and the Village of Kennard’s City Office.  Such schedule may be changed from time to time.
    1. The Village of Kennard will repurchase grave spaces.  The price will be the original purchase price LESS THE PERPETUAL CARE.

                         APPENDIX A

              CEMETERY RATES AND FEES

Staking Out Grave Space

The funeral home contacts a Cemetery Board Member to mark the area so the grave can be opened.  The funeral home pays the individual(s) who perform this task for them.  The current fee is $50.00 per grave space.

Staking out Monument Base

The Monument Company calls to have the base for a new stone located. The Cemetery Board Member marks it before the base is poured. The Monument Company pays the individual(s) who perform the task.  The current fee is $25.00 per base space.

Grave Openings

Grave openings are billed via the funeral home.  The funeral home also handles payment for those openings to the individual(s) performing the task.

Grave Space Purchases

Adult (residents within Kennard City Limits)

Blocks 1 thru 8 $350.00

Blocks 9 thru 11 $450.00

Infant/cremation   (residents within Kennard City Limits)

Blocks 1 thru 8 $350.00

Blocks 9 thru 11$450.00

Adult (residence outside Kennard City Limits)

Blocks 1 thru 8 $400.00

Blocks 9 thru 11 $500.00

Infant/cremation (residence outside Kennard Village Limits)

Blocks 1 thru 8 $400.00

Blocks 9 thru 11 $500.00

*A $25.00 fee will need to be paid by monument company for the staking of a headstone.

NOTE:  The Village of Kennard pays for all expenditures for the Cemetery.