These rules and regulations are established by the Board of Directors of the Hillsboro Cemetery Association (the “Association”), and may be revised or amended by the Board from time to time. As used herein, a “Gravesite” shall mean a single or individual burial site or place of interment. A “Lot” shall mean a group of eight (8) contiguous gravesites which may be sold together as a group. A “Half-Lot” shall mean four (4) contiguous gravesites.

A. RIGHTS RESERVED BY AND TO THE ASSOCIATION

1. The Association reserves the right from time to time to resurvey, enlarge, diminish, replat, alter in shape or size, or otherwise to change all or any part or subdivision of the property as presently mapped and platted, including the right to modify or change the location of roadways, walks, drives or unsold lots.

2. The Association reserves the right to grant easements and rights-of-way over and through the premises for the installing, maintaining and operating of pipelines, conduits, or drains for sprinklers, drainage, electric power or communication lines or for any other purpose.

3. The Association reserves the right to landscape and maintain the grounds of the cemetery, and to remove any burial site decorations or adornments that interfere with such maintenance or which, in the Board’s sole discretion, are unsightly, objectionable, or not in keeping with the general appearance of the premises.

4. Cemetery premises care shall be undertaken only by the Association. All grading, landscaping work and trimming, plantings, mowings, and removal of trees, shrubs and herbage of any kind shall be undertaken only under the direction of the Board.

5. All grave openings and closings of gravesites shall be under the supervision of the Association. All interments, disinterments and removals shall be only performed with the prior approval and under the supervision of the Association.

6. All improvements or alterations of lots or individual gravesites, such as the installation of headstones, statues, benches and other improvements shall be under the direction of and subject to the consent, satisfaction and approval of the Association. Such items may be removed in the sole discretion of the Board.

7. No artificial flowers, wreaths, or other such floral arrangements may be placed in the cemetery for April 15 to October 31 of any year. Any such artificial arrangements shall be removed prior to the commencement of the mowing season each Spring.

8. The Association reserves the right and authority to remove any and all floral designs, flowers, weeds, trees, shrubs, plantings or herbage of every kind from the cemetery as soon as, in the sole judgment of the Board, they have become unsightly, dangerous, detrimental to the overall pleasant aesthetics of the cemetery grounds, diseased or dead, or when they do not conform to the standards of the Association, which shall be determined by the Board from time to time. The Association and the Board members shall not be liable for any floral pieces, baskets, frames, containers, shepherds’ crooks and the like in which or to which such floral pieces, decorations, or landscaping are attached.

9. No easement or right of interment is granted to any lot or gravesite owner in any of the roads, drives, or walkways within the cemetery, but such roads, drives and walkways may be used as a means of access to the lot or gravesite within the cemetery so long as the Association devotes it for that purpose.

10. To facilitate mowing and maintenance, the owners of lots or gravesites are prohibited from raising or depressing the surface of the same above or below the surrounding ground, except by special permission of the Board. Depressions caused by settlement shall be filled in by the Association from time to time, and seeding added to the gravesite.

11. The Association reserves the right in its sole discretion to employ security guards when deemed necessary, and disclaims all responsibility for loss or damage from causes beyond its reasonable control, especially from damage caused by the elements of nature, Acts of God, thieves, vandals, malicious mischief makers, livestock, explosions, unavoidable accidents, and civil or military authorities, whether such damage by direct or collateral.

B. GRAVESITE OR LOT OWNERSHIP

1. The Association shall maintain records of the name of each lot or gravesite owner and the amount paid by such owner. The Association shall also maintain a plat which shall show the owners of each lot or gravesite(s) sold to third parties.

2. When a lot or gravesite is sold, no fee simple title to land is conveyed; rather, the sale of a lot or gravesite conveys the right to the purchaser to inter remains in such lot or gravesite, and to have perpetual care provided for the surface grounds by the Association. Ownership of a lot or gravesite may be transferred to others, provided such transfer is noticed to the Association and a transfer fee of $50.00 is paid to the Association to cover the administrative cost of issuing a new deed to the purchaser. No transfer or assignment of any lot or gravesite shall be valid until the consent of the Association has been obtained and the same has been recorded on the books and records of the Association.

3. The purchase price for a lot or gravesite shall be paid in full at the time of purchase unless an alternate payment plan has been expressly agreed upon in writing by the Association. In any event, said purchase price shall be paid in full within one year of the date of original purchase and conveyance of the lot or gravesite. The purchase price for all lots and gravesites shall be determined by the Board and may be adjusted from time to time. Should any owner of a lot or gravesite wish to relinquish the ownership of such lot or gravesite, they may tender the same back to the Association, which may repurchase the lot or gravesite at a price up to but not to exceed the original purchase price.

4. Failure to Pay in Full – No interments shall be permitted nor memorials placed in or on any lot or gravesite for which full payment has not been made. Should full payment remain delinquent after one year from the date of original purchase, and such nonpayment shall continue for a period of thirty (30) days after demand has been made for same by the Association, then the lot or gravesite shall revert to the Association. In such case, the Association shall thereafter be released for all obligations toward the purchaser and it may retain as liquidated damages all amounts previously paid. Exceptions to this policy may be made from time to time, provided they are granted in writing by the Board of Directors.

5. Multiple Owners – Whenever there are ostensibly several owners of a lot or gravesite or the rights of interment in said lot or gravesite, they may designate in writing one person to represent all owners and file such written notice with the Board. In the absence of such a written notice, the Association shall not be liable to any owner or claimant for interring or permitting an interment in the said lot or gravesite upon the request or direction of any co-owner of the lot or gravesite. If a dispute should arise among the ostensible co-owners of a lot or gravesite and any of them should give conflicting directions to the Association, the Association shall be under no obligation to act on any such conflicting directions until the parties resolve their differences, including by resort to Court filings if necessary.

C. USE OF CEMETERY PREMISES

1. The grounds of the cemetery shall generally be open and accessible to all visitors during daylight hours. Burials shall be coordinated in advance with the Superintendent or in his absence with a member of the Board. During the conduct of funerals, access to the cemetery may be restricted or limited. The Board reserves the right to limit, restrict or deny access to the cemetery premises, and to establish rules for such access.

2. The Association reserves the right to ask anyone visiting the cemetery to identify themselves and present proper identification, upon request. The Association reserves the right to refuse admission to anyone not a lot or gravesite owner or relative of a person interred in the cemetery, and to refuse admission to anyone deemed objectionable to the solemn dignity and best interests of the cemetery.

3. Bicycles and motorcycles shall not be allowed on the grounds other than on the roads and drives at a speed limit not to exceed ten miles per hour. Visitors only shall be permitted in the cemetery; no “cut-through” traffic is allowed. Vehicle shall not be operated at a speed greater than ten (10) miles per hour, and shall be kept only on the road and drives provided. When parking, keep one set of wheels on the pavement and take care not to hit any markers or monuments,

4. While within the cemetery, all persons shall use only the roads, drives, and walkways that are provided. Due care must be taken when walking the grounds as irregular surfaces may be encountered. No person injured while on the cemetery premises shall make any claim against the Association. In no event shall the Association or any Board member be held liable for any injuries sustained by any visitor to the cemetery premises.

5. Pets – Pets are not allowed in the cemetery grounds, provided however, that guide dogs or other canine companions who assist the blind or handicapped shall be permitted so long as they are kept on leash.

6. Children under the age of twelve (12) years shall not be permitted within the cemetery unless accompanied by a proper person of age to supervise and take care of them.

7. Persons other than lot or gravesite owners or family members shall not be permitted to loiter in the cemetery. No solicitors or any kind shall be allowed.

D. INTERMENTS AND DISINTERMENTS

1. All grave openings, closings and interments of every kind shall be done only under the supervision of the Association’s Superintendent or other authorized Board member. For every full-body burial, the casket shall be enclosed in a vault or concrete box.
No mausoleums or above-ground burials are permitted. No pet interments of any kind shall be permitted anywhere on the grounds of the cemetery.

2. No more than one body or the remains of one body shall be interred in any one gravesite, provided however, that the remains of up to two cremations may be interred in a single gravesite without prior consent of the Association. Furthermore, the remains of one full-body burial and one cremated remains may be buried in a single gravesite. No vertical stacking of caskets or vaults shall be permitted.

3. The Association shall not be responsible for nor liable for obtaining any interment permit not for establishing the identity of any person interred.

4. The Association shall establish standard charges for grave opening, closing and seeding or sodding of the gravesite, which charges may be adjusted from time to time. All such fees or charges for opening a grave shall be payable in advance of the funeral.

E. HEADSTONES, MONUMENTS, AND OTHER FIXED INSTALLATIONS

1. The purchase and installation of monuments or headstones shall be the sole responsibility of the family of the buried decedent or other responsible person. Monuments or headstones shall be made of granite, marble, or bronze and shall be installed by a qualified monument company on an appropriately sized footer or base made of concrete. All such installations shall be coordinated in advance with the Superintendent, and all monuments and headstones shall be dignified, tasteful, and simple in appearance. A temporary marker may be place at any grave of the newly interred for a period not to exceed one year from the date of interment, after which time, the Association may remove and dispose of such temporary marker.

2. Should any monument, sign or other structure or any inscription placed in or upon any lot or gravesite be determined to be, in the sole discretion of the Board, inappropriate, offensive, improper or injurious to the appearance of the surrounding lots or grounds, the Association shall have the right to enter upon such lot or gravesite and cause the removal of said offensive, inappropriate or improper object or objects.

3. In general, gravesite surfaces are not to be decorated with mulch, architectural stones/gravel/marbles or the like, nor with metal installations such as shepherd’s crooks, spikes, golf pins, sports memorabilia, and the like. No spikes or reinforcing bars shall be installed in the ground to secure flowers, as these interfere with mowing and can damage mowers. Small marble or concrete benches may be approved on a case by case basis.

4. Reasonable and tasteful plantings of flowers and small shrubberies are permitted, however, the Association reserves the right to remove any such installed materials should they interfere with mowing or maintenance operations, or otherwise be deemed to be in bad taste or objectionable to the overall ambiance and pleasant appearance of the cemetery grounds. No trees or large spreading shrubbery shall be planted on any lot or gravesite.

5. In the event that it becomes necessary to repair or reconstruct any monument or headstone which has been damaged or disturbed for any reason, the Association shall give written notice to the owner(s) of the lot or gravesite involved or the known family members or representative, for the necessity of repairs. In the event the needed repairs are not accomplished by the responsible party within a reasonable time, the Association may direct the repairs to be made and charge the expense of the repairs against the lot or gravesite and to the lot or gravesite owner of record.

F. MISCELLANEOUS PROVISIONS

1. Only live-grown flowers may be placed on graves during the period of April 15 to October 31. No artificial flowers are permitted during this period. Glass jars or vases are discouraged as they tend to break over time. All wilted live flowers and arrangements when no longer attractive, and all artificial flowers when not in season, shall be removed by the ones who placed them at the appropriate time. The Superintendent has discretion at all times to remove and dispose of wilted flowers, containers and the like, once their useful life is exhausted, and artificial flowers when not in season.

2. No smoking shall be allowed and no other tobacco products shall be used on the grounds, nor shall visitors expectorate upon the grounds. No firearms are permitted within the cemetery unless carried by an authorized officer of the law.

3. All persons are prohibited from gathering or borrowing flowers, either wild or cultivated, or breaking tree branches, shrubbery or plants on the grounds, and they shall not feed nor disturb any birds or animal life that may be encountered.

4. No picnicking on the cemetery grounds shall be permitted, unless specifically authorized in writing by the Board. No fireworks shall be used under any circumstances. Boisterous or disrespectful conduct shall not be permitted on the grounds.

5. The disposal of any and all rubbish and trash anywhere on the cemetery grounds is strictly forbidden. Any wilted flowers or other trash should be disposed of in the receptacles provided at the building or removed altogether from the cemetery. The owners or family members of owners should police their lots and gravesites within reason whenever possible to maintain them in a neat and orderly fashion.

6. No signs or advertisements of any kind shall be allowed within the cemetery unless placed by the Association. Neatness and decorum should obtain at all times.

7. Any settling or subsidence of earth on gravesites and any other problems with grass cover or depressed surface areas which are noticed by visitors should be reported promptly to the Superintendent. The Association will strive to address all such issues in a prompt fashion.

8. These Rules and Regulations may be amended from time to time by a majority vote of the members of the Board of Directors of the Association. Any such amendment shall be effective from the date it is approved, and the amended Rules and Regulations shall be promptly posted on the website of the Hillsboro Cemetery Association.