The following rules and regulations shall be observed in the use of the city cemetery:
(1) The City of Jackson, Georgia, a municipal corporation organized and existing under the laws of the State of Georgia, (herein referred to as city) and owner and operator of the city cemetery does, in accordance with the laws of the State of Georgia and its governing body, reserve the right to refuse admission to the cemetery and the use of its facilities at any time and to any person or persons whom the management may deem objectionable to the best interest of the cemetery.
(2) Deeds to cemetery lots, columbarium niches, and mausoleum crypts will be withheld until the sale price of such lot or crypt is paid in full.
(3) No lot, niche, or crypt shall be used for any other purpose than for the burial of the human dead.
(4) No more than one body shall be buried in any one grave space or mausoleum crypt; however, for cemetery deeds issued prior to August 7, 2007, a grave space may be equally divided into two, five feet by five feet spaces to allow for the burial of cremation urns only. Only one urn may be buried in each five-foot by five-foot grave space.
(5) Lots of various sizes are available and requests for lot subdivision will not be considered justifiable.
(6) The right to enlarge, reduce, replat, or change the boundaries or grading of the cemetery, or a section or sections, from time to time, including the right to modify or change the location of, or remove or replace roads, drives, or walks, or any part thereof is hereby reserved. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage, et cetera, is also expressly reserved, as well as is the right to use cemetery property not sold to individual plot owners for cemetery purposes, including interment of the dead, or for anything necessary, incidental or convenient thereto. The city reserves to itself and to those lawfully entitled thereto a perpetual right of ingress and egress over plots for the purpose of passing to and from plots.
(7) The city will take all reasonable precautions to protect lot, niche, and crypt owners and the property within the cemetery, but the city 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.
(8) The city reserves, and shall have, the right to correct any errors that may be made in measurements, description, interments, disinterments or removals or transfer or conveyance of any interment property. Such collections shall be made either by cancellation, substitution, refund, or such other action as is deemed practical.
(9) Once a casket containing a body is within the confines of the cemetery, no funeral director, nor his embalmer, assistant, employee, or agent, shall be permitted to open the casket or to touch the body without the consent of the legal representative of the deceased or an order signed by a court of competent jurisdiction.
(10) In order to maintain a high standard of care and to eliminate sunken graves caused by the collapse of wooden boxes, it is required that all materials be made, of reinforced concrete. All such containers must be made and installed so as to meet specifications established by the city.
(11) Owners of cemetery lots, niches, and crypts shall not allow interments to be made in their lots, niches, or crypts for recommendation; nor shall any transfer or assignment of any lot, niche, or crypt or any interest therein, be valid without the consent, in writing of the City of Jackson, Georgia or its authorized representative. The written endorsement must appear on the writing of transfer or assignment of such document shall be considered invalid.
(12) Trees, shrubs, or plants will not be planted, altered, or removed without the express consent of the city.
(13) If any trees or shrubs situated in any lot shall, by means of their roots or branches become detrimental to the adjacent lots, unsightly, or inconvenient to the setup for a funeral service the city shall have the right to enter the said lot and remove the said trees and shrubs, or such parts as shall be determined detrimental, unsightly, or inconvenient.
(14) All lot enclosures of any kind whatever are prohibited except in Sections 1 thru 10.
(15) All grave preparers must obtain burial permits from city hall prior to commencement of work for burial, entombment, or disinterment.The person or firm requesting such permit may be required to furnish satisfactory evidence of their ability to properly perform the work proposed and furnish the City with a current Certificate of Insurance. Preparers are responsible for settling of grave space for six months after interment.
(16) All memorials and markers are restricted by the city as to size, material, design, lettering, location, and installations. All persons installing these memorials and markers must obtain a permit for such installation at city hall prior to commencement of work. The person or firm requesting such permit may be required to furnish satisfactory evidence of their ability to properly perform the work performed and furnish the City with a current Certificate of Insurance.
a. Material: All monuments and/or markers and benches must be of first quality marble or granite. All monuments and markers are to be guaranteed for a period of five years against sap and components which cause rust stains, and from natural faults which might cause checks or cracks. If such defects appear from subquality material, improper finishing or lettering, the manufacturer will replace the fault stone without cost to the city or lot owner. Grave, lot markers and crypt doors shall be finished to the design normally considered standard for the type of stone used, and lettered incisely only (cut in). Inscriptions on the crypt doors shall be only three-inch block letters and contain small symbols which must be approved by the superintendent of the cemetery or other representative of the City of Jackson prior to such inscriptions. All such lettering to be cut on crypt doors must conform to the style, size and spacing of the lettering which has already been cut on crypt doors, which doors are already in place on the mausoleum. In the event such future lettering does not conform to the above specification, a new crypt door must be provided with the lettering to conform to these specifications. Niche doors will be lettered by a contractor with the City, as lettering (name, date of birth, and date of death) is included in the price.
b. Placement: Monument builders shall set monuments and markers in accordance with the trade standards of proper handling and settling, and according to city specifications. Any fault resulting from improper settling within five years from date of placement in the cemetery shall be rectified by the dealer without cost to the city or lot owner. Grave markers shall not be less than four inches, or more than five inches above the ground elevation. Corner markers shall be no more than one inch above the ground elevation. No family memorial shall be placed on any lot having a dimension of less than ten feet to either width or depth.
c. Foundations: Foundations for all monuments and markers will be installed by the monument erector.
d. Size of monuments and markers: Individual grave markers for adults shall be a minimum of 12 inches in width and 24 inches in length. Infant markers shall be a minimum of ten inches in width and 18 inches in length. Grave markers shall be no less than four inches nor more than six inches in thickness. Corner markers shall not exceed six inches in width and breadth, and eight inches in height.
e. Memorial sizes: Monuments on individual lots shall not exceed 36 inches in length. Monuments on double lots shall not exceed 84 inches in length.
f. Right to remove: Should any monument, marker, effigy, enclosure, or inscription, in the opinion of the city, be considered offensive or improper; or become unsightly, dilapidated, or a menace to safety, the city reserves the right to either correct the condition or remove the same at the expense of the owner. Metal markers, ornaments, chairs, or similar articles of any construction are not permitted, and the right to remove them is reserved.
(17) Religious, fraternal, military symbols or other appropriate markings are allowed and encouraged as a part of the monumental inscriptions.
(18) Flowers and floral designs are allowed but must be kept immediately adjacent to headstones. During the time of year for the cemetery to be mowed, care must be taken to ensure that flowers do not interfere with the mowing of the cemetery. Caution should be given in choosing artificial flowers as some dyes run and can deface monuments. Decorations/trinkets may be removed if they interfere with mowing. No holes are to be dug in the ground. The City reserves the right to remove any flowers, wreaths, flower pots, vases, trees, shrubs or objects of any kind, if, in the opinion of the city they become unsightly, or a menace to safety.
(19) The city hereby expressly reserves the right to adopt additional rules and regulations, as amend, alter or repeal any rule, regulation, article, section, paragraph or sentence in these rules and regulations, at any time, and without notice.
(20) No person shall be entombed in a city-owned or privately-owned above ground mausoleum or columbarium until the deceased's body has either been embalmed or cremated.
(Ord. of 1-2-1996; Amend. of 2-5-2008)
Sec. 26-2. Additional regulations.
The following cemetery regulations shall also be observed:
1. Use of bicycles, skates, skateboards or other such vehicles. It shall be unlawful for any person to bring a bicycle, skates, skateboard, or other recreational wheeled device into any area set aside for the interment of human remains within the city.
2. Loitering or causing noise and disturbance. It shall be unlawful for any person to loiter, make noise, or in any way create a disturbance in the area of any place within the city which is set aside for the interment of human remains.
3. Restrictions on gatherings of persons. It shall be unlawful for any group of persons to gather in any area set aside for the interment of human remains within this city for any purpose other than preparation of spaces for interment, funeral services, memorial services, or other such gatherings specifically related to some decedent interred in such cemetery, niche, or mausoleum.
4. Penalty for violation of section. Any person violating this section shall be issued a citation for appearance before the judge of the municipal court. For the first violation, an offender shall be punished by a fine not to exceed $200.00, confinement not to exceed 30 days, or both. For the second and any subsequent violation by the same person, the penalty shall be a fine not to exceed $500.00, confinement not to exceed six months, or both. For purposes of this section, each act constituting a violation of this section shall be considered a separate offense punishable separately, and any violation of this section which occurs after the issuance of a citation for a previous violation shall be considered a second or subsequent violation.