Cemetery Rules and Regulations

1.0 PURPOSE

1.1 DECLARATION OF AULT PURPOSE.

These rules and regulations shall be held to be minimum requirements for the mutual protection of all lot owners at the Ault Cemetery and the Town of Ault, and to insure the cemetery remains in a uniform and permanent beauty in the Town of Ault.

2.0 DEFINITIONS

2.1 WORDS AND TERMS DEFINED.

As used in these rules and regulations, the following terms shall have the meanings indicated:

CEMETERY- The term “cemetery” is hereby defined as a burial park for earth interments.

REMAINS – The term “remains” shall mean a body or cremains of a deceased person.

INTERMENT- The term “interment” shall mean the permanent disposition of the remains of a deceased person by earth.

DISINTERMENT- The term “disinterment” is the removal of the buried remains of a deceased person, the casket, if any, and the burial receptacle from the ground.

LOT– The term “lot” shall mean a platted lot within the cemetery and may consist of more than one burial space(s).

BURIAL SPACE- The term “burial space” shall mean a single space within a platted lot designed for the interment of one body.

MONUMENT- The term “monument” shall designate a monument, marker, tablet or headstone for family or individual use.

3.0 APPLICATION OF REGULATIONS

3.1 COMPLIANCE WITH REGULATIONS.

All lot owners, visitors, and cemetery employees, persons working directly or indirectly for lot owners and all lots sold shall be subject to these rules and regulations, and subject further, to such other rules and regulations, amendments or alterations as shall be adopted by the Town of Ault from time to time; and the reference to these rules and regulations in the Interment Agreement to burial spaces shall have the same force and effect as if set forth in full therein.

3.2 EXCEPTIONS AND MODIFICATIONS.

Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. In such an instance the Town shall have the right, without notice to make exceptions, suspensions or modifications in any of these rules and regulations.

3.3 TOWN AMENDMENTS.

The Town may, and it hereby expressly reserves the right, at any time or times, to adopt new rules or regulations, to amend, alter and/or repeal any rule, regulation and/or article, section, paragraph and/or sentence in these rules or regulations. Such new or amended rules and regulations shall be binding on the owners of all lots or burial spaces regardless of date such owner acquired title.

4.0 ADMINISTRATION AND ENFORCEMENT

4.1 OWNED AND CONTROLLED BY THE TOWN OF AULT.

Ault Municipal Cemetery is owned and managed by the Town of Ault, Colorado. The Town Board has the right of general control of the cemetery in all matters, whether or not such matters are specifically covered by these rules and regulations.

4.2 MANAGED BY THE TOWN BOARD/TOWN CLERK.

The management of the cemetery may be delegated by the Town Board to the Town Clerk who in turn shall be responsible to the Town Board for direct and complete supervision of the cemetery in all matters.

4.3 BUSINESS OFFICE.

All requests for purchase, transfer, assignment or repurchase of cemetery lots; interment and disinterment orders; or annual care or special permits of any kind must be made through the Town Hall.

4.4 ADMISSION TO CEMETERY.

Entrance into the cemetery except through the main entrance is strictly forbidden.

The Town reserves the right to refuse admission to the cemetery and to refuse the use of any of the cemetery facilities to any person or persons whom the Town may deem objectionable to the best interest of the cemetery.

5.0 PURCHASE OF LOTS

5.1 REQUEST FOR PURCHASE.

Requests for the purchase of a cemetery lot or burial space must be made at the Town Clerk’s office where plats showing the size, location and description of all lots and the schedule of prices will be kept on file. The schedule of prices for the lots are set out by the Town Board by Resolution.

5.2 IMMEDIATE USE.

In cases where a space has not been previously purchased, full payment prior to burial is required. The only exception to this policy will be when the mortuary involved assumes full responsibility for payment.

5.3 PAYMENT PLAN.

Individuals wishing to purchase a space or spaces, not for immediate use, must pay in full, unless hardship arrangements are made with the Town Clerk. In the event payment arrangements are made, the balance must be paid within one calendar year.

The Town reserves the right to retain funds which have been paid as liquidated damages, and the space or spaces are forfeited back to the Town of Ault. An Interment Agreement will not be issued until full payment is made.

5.4 INTERMENT AGREEMENT LIMITATIONS.

All Interment Agreements purchased shall grant to the lot owner or owners the right to use such lots for burial of human remains only, subject to these rules and regulations. The agreement for any lot or space conveyed to a purchaser shall remain in the Town subject to the right of burial conveyed to the purchaser.

6.0 TRANSFERS OR ASSIGNMENTS

No transfer or assignment of any burial space, or interest there in, shall be valid without the consent in writing of the Town first to be had and endorsed upon such transfer or assignment, and thereafter being recorded on the books of the Town. The Town shall have the right to refuse to consent to a transfer or an assignment if there is any indebtedness due to Town by the owner of record.

7.0 RIGHTS AND RESPONSIBILITIES OF TOWN

7.1 WORK TO BE DONE BY TOWN.   

Except as otherwise provided herein, all grading, landscape work and improvements of any kind, and all care of lots, shall be done, and all trees, shrubs and bushes of any kind shall be planted, trimmed, cut or removed, and all opening and closing of graves shall be made by the Town.

7.2 TOWN 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 Public Works Supervisor, and if made without his written consent, or, at any time, in his judgement, they become unsightly to the eye, he shall have the right to remove, alter or change such improvements or alteration without consent of the lot owner.

7.3 RIGHT TO REPLAT, REGRADE AND USE PROPERTY.

The right to enlarge, reduce, replat and/or change the boundaries 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 by the Town. The right to lay, maintain and operate or alter or change pipelines and or gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved as well as is the right to use cemetery property, not sold to individual lot or grave space owners, for cemetery purposes, including the interring and preparing for interment of dead bodies, or for anything necessary, incidental or convenient thereto. The Town reserves for itself and to those lawfully entitled thereto, a perpetual right to ingress and egress over lots for the purpose of passage to or from other lots.

7.4 WHEN TOWN IS NOT RESPONSIBLE.

The Town shall take reasonable precautions to protect lot owners, and the property rights of lot owners, within the cemetery from loss or damage; but the Town distinctly disclaims 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 may be direct or collateral, other than as herein provided.

8.0 PERPETUAL CARE

8.1 PERPETUAL CARE INCLUDED.

Perpetual care will be included with the cost of open/close – no specific charge for perpetual care will be required.

9.0 INTERMENTS

9.1 SUBJECT TO LAWS AND ORDERS.

Besides being subject to these Rules and Regulations, all interments shall be subject to the orders and laws of the properly constituted authorities of the Town of Ault, Weld County, the State of Colorado, and the Federal Government.

9.2 TIMES OF INTERMENTS.

Interments are allowed 8:00 a.m. to 4:00 p.m. Monday thru Friday and 8:00 a.m. to 12:00 p.m. Saturday. No interments will be allowed between 12:00 noon Saturday and 8:00 a.m. Monday, or legal holidays. Notification for Monday interments must be received prior to 10:00 a.m. the previous Thursday. A minimum 48 hours’ notice is needed to assure preparations can be made. Saturday interments will include an additional fee. All interments outside of allowed hours must be pre-approved by the Town Board.

9.3 EMERGENCY BURIALS.

Arrangements for emergency burials must be made through the Town Clerk’s Office. Proof of emergency must be provided and will be approved only if it is possible for the preparations to be accomplished.

9.4 DISASTER

In the event of a disaster, which results in numerous burials for the cemetery, the cemetery crew will work whatever hours deemed necessary by the Town Board. The Town Board has the authority to make exceptions to any and all regulations in order to handle the numerous burials as orderly and as quickly as possible.

9.5 CASKET NOT TO BE DISTURBED.

Once a casket containing a body is in the confines of a cemetery, no funeral director or his embalmer, assistant, employee, agent, cemetery official or employee, or any other person shall be permitted to open a casket or to touch a body without the consent of the legal representatives of the deceased, or without a court order.

9.6 INTERMENT OF REMAINS.

In order to inter remains in the cemetery, the applicable open/close fee(s) must be paid to the Town of Ault. The Town shall not be liable for the protection of any remains. The person(s) requesting interment of remains must use an approved grave liner or vault and/or container that will not decompose or crush.

9.7 APPROVED GRAVE LINERS/VAULTS.

Every interment must be made in an approved outer liner or vault. Liners or vaults will be made of concrete, steel or high impact polypropylene and shall be supplied by the funeral home, except as provided below:

9.7.1   

Cremains added to a lot that already contains a casket interment will be      interred without a grave liner or vault. Cremains will be interred directly to the         ground, or in a container that will not decompose or crush. The container must be smaller than 1 cubic foot of area. The burial opening will be 16”W X 16”L             X 24”D. The remains or burial container must be a minimum of 12 inches below   grade.

9.8 NOT RESPONSIBLE FOR EMBALMING OR IDENTITY.

The Town shall not be responsible for the interment permit nor for the identity of any persons sought to be interred; nor shall the Town be responsible in any way for the preparation of the body.

9.9 BURIAL SPACES ALLOWED ON LOT.

Lots in blocks 1,2,3,4 and 5 contain One (1) burial space for a casket interment or Two (2) burial spaces for cremains interments. Lots in block 6 contain One (1) burial space for a casket interment or Four (4) burial spaces for cremains interments.

9.10 NUMBER OF INTERMENTS.

Not more than one body or cremains may be interred in one burial space, except as provided below:

  • Cremains may be added to a lot that already contains a casket interment, creating an additional burial space upon the lot.
  • Cremains may be added to a casket containing a body prior to the interment of the body so that both are interred at the same time, in the same burial space.

9.11 LOCATION OF INTERMENT SPACE.

When instructions regarding the location of an interment space on a lot cannot be obtained, or are indefinite, or when for any reason the burial space cannot be opened where specified, the Town may, in its discretion, open the space in such location on the burial lot as it deems best and proper, so as not to delay the funeral; and the Town shall not be liable in damages for any error so made.

9.12 USE OF EQUIPMENT.

Tents, chairs, artificial grass, lowering devices and other equipment used for any interment shall be the responsibility of the funeral home in charge of the burial.

9.13 ORDERS GIVEN BY TELEPHONE.

When making arrangements for burial the exact location (i.e. block, lot or section) must be given. The Town shall not be held responsible for any order given by telephone, or for any mistake occurring for want of precise and proper instructions as to the location of the burial space.

9.14 ERRORS MAY BE CORRECTED.

The Town reserves the right, and shall have the right to correct any errors that may be made by it (either in making interments or disinterments or in the description transferring or conveying any interment property) either by canceling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and in similar location as far as possible, as may be selected by the Town; or, in the sole discretion of the Town, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the interment of the remains in such property, a person requesting removal shall assume full responsibility for disinterment which shall be carried out pursuant to paragraph 10.0.

9.15 DELAYS IN INTERMENT CAUSED BY PROTEST.

The Town shall in no way be held 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; and, further, the Town reserves the right, under such circumstances to place the body in a receiving vault until the full rights have been determined. The Town shall be under no duty to recognize any protests of interments unless they be in writing and filed with the Town Clerk.

10 DISINTERMENT AND REINTERMENT PROCEDURES

10.1 SUBJECT TO LAWS AND ORDERS.

Authorization for disinterment and re-interment shall be required prior to disinterment of a dead body or fetus. The state registrar or his or her deputy shall issue such authorization to a funeral director or person acting as such upon proper application. The state registrar will issue the authorization to a funeral director or person acting as such (C.R.S. 25-2-111(6)).

10.2 TOWN NOT RESPONSIBLE FOR DISINTERMENTS.

Disinterment of a body will be the responsibility of the family. The Town shall not assume responsibility for any disinterment. Families wishing to disinter a body shall procure the services of a competent funeral director or person acting as such and must provide evidence of liability insurance satisfactory to the Town of Ault.

10.3 DISINTERMENT PROHIBITED UNDER CERTAIN CIRCUMSTANCES.

Disinterment of a body so that the lot or burial space may be sold for profit to the heirs of the deceased or to any other persons or removal contrary to the expressed or implied wish of the original lot or burial space owner is repugnant to the ordinary sense of decency and absolutely forbidden.

10.4 NOTICE OF DISINTERMENT REQUIRED.

The Town reserves the right to require at least ten days notice prior to any disinterment. No disinterment will be made on any Saturday, Sunday, or legal holiday or on the day upon which any holiday is legally observed.

10.5 PAYMENT OF FEES.

All fees assessed by the Town for disinterments shall be paid to the Town Clerk’s office prior to the disinterment.

11 DECORATION OF LOTS

11.1 ORNAMENTATION OF CEMETERY.

The Town Administrator and Town Board has exclusive authority over the planting of all trees, shrubs, plants, flowers and grass for ornamentation of the cemetery.

11.2 PROHIBITED DECORATIONS. 

Unauthorized planting of trees, shrubs, plants, grass or other live plants on or around lots is prohibited.  Fences, railings, curbs, hedges or any other bordering of lots are not allowed. The placing of boxes, shells, stones, boulders, toys, metal designs, ornaments, chairs, settees, unattached vases, glass, urns, fencing, wood or metal cases and similar articles upon lots shall not be permitted.  Public Works personnel will remove any such decorations without notice.

No ornament or decoration shall be placed that will affect sprinklers or mowing procedures if they are they shall be removed without notification.

11.3 LIVE FLOWERS AND PLANTS.

Live flowers and plants are allowed on the headstone, in vases or containers on or attached to the headstone and cutouts in the headstone base.  Public Works will not maintain these decorations and they will be removed if they become dead, unsightly, broken or overgrown. 

11.4 ARTIFICIAL DECORATIONS.

Artificial flowers, wreaths, flags, balloons, and other temporary decorations may be placed on lots but will be removed/discarded every week by Public Works personnel during mowing and trimming of the cemetery, unless prior arrangements have been made with the Public Works Supervisor. Exception to this policy are provided below:

11.4.1  Memorial Day Decorations – Artificial flowers, wreaths, flags, balloons, and other temporary decorations may be placed on lots 10 DAYS PRIOR to Memorial   Day and will remain undisturbed until June 15th. Decorations will be removed if  they become dead, scattered or broken. Decorations will be removed/discarded after June 15th unless prior arrangements have been made. 

11.5 LIABILITY AND REGULATION OF DECORATIONS.

The Town of Ault shall not be held liable for lost, misplaced or broken flower vases or for damage by the elements, thieves, vandals or by causes beyond its control. The Town reserves the right to regulate the method of decorating lots and the right to remove any decoration so that a uniform beauty may be maintained.

12 MEMORIAL WORKING CEMETERY

12.1 PRODUCERS AND RETAIL DEALERS.

Producers of monumental materials, meaning thereby quarries, quarries who also manufacture memorials, and manufacturers of memorials who are not quarries must provide only first grade, clear stone for memorial purposes at the cemetery, and must guarantee that such stone is free from sap or anything that should such faults develop within five years from the date of setting, the memorial will be replaced without cost or delay to the Town or lot owner.

12.2 MEMORIAL WORKMANSHIP GUARANTEE.

Retail dealers must agree to use only first grade stone from producers approved as provided above, and must guarantee the memorial to be executed in first grade workmanship, with the agreement that should faults develop within five years due to the setting, treatment or handling of the same by the memorial dealer, such memorial will be replaced without cost or delay to the Town or to the lot owner.

12.3 MONUMENT CLEANING.

Letter cutters, persons or firms who engage in the business of cleaning monuments, and who are not connected with established retail dealers already on the list of approved retail dealers, and all other persons or firms must secure permission from the Public Works Supervisor before any work in the cemetery is commenced. In order to procure such permission, it will be necessary for the person or firm to submit satisfactory evidence of their ability to properly perform the work for which they have been engaged.

12.4 MONUMENT ERECTION OR PLACEMENT.

Retail dealers engaged in erecting or placing monuments or other structures shall be considered general contractors and must provide a bond and evidence of liability insurance satisfactory to the Town of Ault. Contractors must follow the requirements below:

12.4.1 Persons engaged in erecting monuments, or other structures, are prohibited from attaching ropes or other devices to monuments, trees or shrubs, and are prohibited from scattering their material or tools over adjoining lots or from blocking roadways or walks, or from leaving their material or tools on the grounds longer than is absolutely necessary. They must do as little injury to the grounds, trees and shrubs as is possible and must remove all debris and restore the ground to its original condition.

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

12.5 NOTIFICATION FOR MONUMENT OR FOUNDATION

Prior to placement of a monument or foundation, a request must be made with the Town Clerk’s Office. Public Works will locate and mark the burial spaces(s) with white paint and flags. Notice must be given at least two business days (48 hours) in advance prior to placement of a monument or foundation.

12.6 FOUNDATIONS

All monuments require a foundation of concrete or granite to help prevent settling and vandalism. Foundations must meet the below criteria:

12.6.1  Foundations must be concrete or granite with a minimum thickness of 5” for concrete and 4” for granite. Granite foundations can be wet set on concrete if less than 4”        

12.6.2  Foundations shall be set into ground level with a minimum of one half inch (½”)   above grade after placement. Concrete foundations may be poured in place.

12.6.3  All foundations will be placed upon a 3” thick bed of packed base material. (Dry   concrete mix is preferred).

12.6.4 Foundation size will be determined by the monument size. No foundation will exceed 84” in length or 24” in width. A minimum of 3” of the foundation must show on all sides after the monument is placed.

12.6.5 Cut-outs for live flowers located on the foundation of the monument are encouraged. These cut-outs shall not exceed 6” in diameter on the foundation.

12.7 MONUMENTS

Monuments may be erected or placed on individual lot, or span multiple lots located together in the same row. The requirements below apply to all monuments placed after 1/1/2019:

12.7.1 Monuments will be limited in size to 38”L X 18”W x 30”H if placed on a single lot.

12.7.2 Monuments spanning two or more lots will be limited in size to 60”L X 18”W X 30”H.

12.7.3 No monuments will be allowed on any lot until the lot has been fully paid for.

12.7.4 Only one monument for each lot shall be permitted.

12.7.5 Monuments only constructed of granite, standard bronze or marble will be allowed. Other materials are subject to deterioration and contribute to unsightliness.

12.7.6 Should any monument become unsightly, dilapidated or a menace to the safety of visitors, the Town shall have the right to either correct the condition or to remove the same, at the expense of the lot owner.

12.7.7 No monument shall be removed from the cemetery, except by the Town unless the written order or permission of the lot owner be presented to the Town and permission be granted by the Town.

12.7.8 No person shall erect or place or cause to be erected or placed on any lot in the cemetery, any monument of which the Public Works Supervisor disapproves.

The use of tiles, bricks, gravel, crushed rock, oyster shells, cinders or other material on any lot in the cemetery is strictly forbidden. Any of these used may be removed by Public Works without notice to the lot owner. Temporary markers, homemade markers, wooden markers or ornaments shall not be allowed.

Foot-stones and corner-stones are not allowed.         .

12.8 MONUMENT LIABILITY.

While the Town will exercise due care to protect raised letters, carving or ornaments on any monument or other structure on any lot in the cemetery, it disclaims responsibility for any damage thereto.