1. Sales of lots or portions of lots or single grave sites by lot owners are not permitted unless previous consent to the sale is given by the Board of Directors as set out by the Rules and Regulations of the Cemetery.
2. When a lot, a portion of a lot, or individual burial sites are purchased, the Trustees shall issue a Certificate to the designated owner thereof. This Certificate shall vest the owner with the rights of burial as prescribed by the Rules and Regulations of the Cemetery in effect at the time of the burial. This right of burial and gravesite ownership may be transferred according to such Rules and Regulations as set forth by the Board of Trustees, and in no other manner. If the burial site(s) or lot(s) are not transferred by the owner, then the ownership of these grave sites and lots shall descend or pass, by devise, as real estate. Such burial sites and lots shall never be used for purpose other than burial or for an appropriate memorial of the deceased. In the event an owner or person claiming ownership uses the burial sites for any purpose other than set out herein, the ownership shall revert to the Richmond Cemetery Company and the owner will have no claim upon the burial rights to the grave sites. This right of reversion includes the erection of monuments not in conformity with the stated Rules and Regulations after January 1, 2011.
3. A lot owner or burial site owner is one who holds the right of burial in any lot or gravesite. When, by devise or the law of descent and distribution, more than one person owns a portion of a lot or gravesites, then all owners must agree to the disposition of the remaining vacant gravesites before the Cemetery can take action regarding the ownership of the burial rights. If there is a dispute among the lot or gravesite owners concerning the disposition of the burial sites, then the Cemetery shall not act until a decision is given by a court of competent jurisdiction concerning the disputed claims.
4. Any gravesite owner of a lot or burial site has the right to give permission, either in person or by written authorization for the burial of the remains of non-members of the immediate family of the lot or grave owner. However, no such permission shall be granted for money or other valuable consideration.
5. No gravesite or lot owner may sell any gravesite to anyone other than the Richmond Cemetery Company without prior approval of the Board of Trustees. This approval shall not be given except under extraordinary circumstances.
6. In any event, no gravesite or lot owner shall be permitted to convey or transfer a burial site or portion thereof without first offering to re-convey the ownership back to the Richmond Cemetery Company at a negotiated price, which can be no greater than the purchase price, unless otherwise approved by the Board of Trustees. The Board Chair, or appropriate designee, is permitted to negotiate the repurchase price for any gravesite, lot, or gravesites offered by the owner. Verification of ownership in writing is required before any gravesite or lot is repurchased.
7. No gravesites or lots may be sold on terms of credit.
8. Opening and closing fees shall be reviewed by the Board of Trustees annually, no later than November of every year, and set for the upcoming year. These fees shall be set forth on the Annual Fee Schedule.
9. All opening and closing fees must be paid in advance of burial unless the Board Chair or two Board members otherwise direct. Thereafter, the collection of any unpaid fees shall be presented to the Board at its next meeting for appropriate action.
10. The Cemetery shall cause to be removed from any lot, portion thereof, or gravesite, any planting or structure, deemed objectionable, unsightly, injurious, or contrary to Cemetery Rules and Regulations. The expense therefore may be charged to the gravesite owner(s) at the Board’s discretion.
11. The Cemetery shall comply with the Kentucky Revised Statutes by setting aside the statutory percent of the purchase price of any gravesite(s) and deposit this amount in the Perpetual Care Trust maintained by the Cemetery.
12. The income received by the Cemetery from the Perpetual Care Trust shall be used as directed by the Kentucky Revised Statutes and for the general care, upkeep, and maintenance of the Cemetery.
13. It shall be the responsibility of the Cemetery to care for the gravesites within the Cemetery. Specifically, the Cemetery shall trim and mow the grass around the monuments and gravesites. General care of this nature will be provided without any further expense to the gravesite owners. Some gravesite owners have, and will in the future, express their desire to care for their gravesites personally. The Board may grant such permission, however, in the event the gravesite(s) become unsightly, or deemed objectionable, unsightly, injurious, or contrary to Cemetery Rules and Regulations, the Board, after notice to the owner, shall resume caring for the gravesites and remove that which is found to be objectionable, including flowerbeds, toys, and other paraphernalia.
14. After a burial takes place, the Cemetery shall be responsible to replace the sod on the gravesite.
15. No artificial flowers or plants may be placed or will be permitted in the Cemetery between March 1st and November 1st.
16. The Cemetery shall maintain a plat or plats of the Cemetery showing the lots and gravesites.
17. Christmas artificial and live flowers and wreaths and other Christmas decorations are permitted in the Cemetery from December 1st through January 15th, thereafter, the Cemetery personnel will remove such items.
18. Prepaid opening and closing costs will be used to the extent they are available and accessible to the Cemetery to defray the costs of opening and closing the graves. Any money left thereafter shall be refunded to the deceased’s estate. However, in the event the prepaid funds do not adequately cover the costs of opening and closing a grave, the person or funeral home directing the opening and closing of the grave, must pay any balance due after the prepaid funds are applied.
19. In order to conduct the maintenance, care, and safety of the cemetery grounds, as required by law, any and all glass flower arrangements, containers, or glass ornaments of any kind are strictly prohibited in or on the Cemetery grounds. This also includes any ceramic or glass like flower arrangements or memorials. The Richmond Cemetery personnel shall remove any item or memorial left on or around a gravesite or lot that, if broken, would pose a threat of danger or damage or injury to visitors.
20. According to the By-laws, Rules and Regulations, and Charter of 1895, the Board of Trustees shall have the full power to enter upon and remove any ornaments, fixtures, or shrubbery that may be placed on or around the graves against the By-laws and Regulations of the Corporation. In accordance with that provision, which has been strictly enforced since its enactment, the Board by Regulation shall maintain the beauty, historical integrity, and aesthetic quality of the Cemetery.
21. According to the By-laws, Rules and Regulations, and Charter of 1895; all persons, other than Cemetery personnel acting within the scope of their employment, are prohibited from plucking any flowers, either wild or cultivated, or from breaking or removing any tree, plant or shrub not their own.
22. According to the By-laws, Rules and Regulations, and Charter of 1895; the Trustees shall have full power to enter upon and remove any ornaments, fixtures, or shrubbery that may be placed on or around the graves against the By-laws and Rules and Regulations of the Richmond Cemetery Company.
23. Grave site owners are encouraged to place spring bulbs and summer annuals around or in front of memorials and in urns attached to stone monuments. Flower beds extending not more than 14” from the gravestones are permitted as long as they are well kept and attended. When such flower beds are left unattended or become unsightly, the Cemetery personnel shall remove the flower beds and the surrounding borders around the flower beds.
24. When flowers and artificial decorations fade or become unsightly, they will be removed from the gravesites and lots.
25. In making excavations, or other such work as may be found necessary, the Cemetery reserves the right to use a nearby gravesite or lot temporarily to receive such tools, backhoes, and other equipment as may be required.
26. No benches shall be allowed. The Board may, in its sole discretion, allow stone markers to be of a bench-like construction or configuration.
27. Any rules and regulations (whether in practice or writing) heretofore enacted by the Board of Trustees, which do not specifically contradict these rules shall be construed as remaining in force and they shall be interpreted in such a manner as to be consistent with the Rules and Regulations enacted herein.