Cemetery Rules and Regulations
CITY OF WALKER
EVERGREEN CITY CEMETERY
Rules and Regulations
I - PREFACE
Walker Evergreen Cemetery is owned by the City of Walker, Minnesota. It is under the direct supervision of the Mayor and City Council of Walker, Minnesota. City of Walker personnel conduct day to day administrative operation of the cemetery and the Cemetery Caretaker provides grounds management.
It is the goal of the Cemetery Board and the City of Walker to make Walker Evergreen Cemetery a quiet and beautiful cemetery. To secure this effect, land has been acquired and money has been expended. To continue the improvement and to preserve the appearance of the Walker Evergreen Cemetery requires the cooperation of all lot owners.
For the mutual protection of every lot purchaser in the Walker Evergreen Cemetery, the City Council of the City of Walker hereby adopts the following rules and regulations. All property owners, and all lots sold, shall be subject to said rules and regulations, amendments or alterations as adopted by the City of Walker from time to time, and the reference to these rules and regulations in the deed or certificate of ownership to lots shall have the same force and effect as if set forth in full therein.
II - DEFINITIONS
CEMETERY: the burial park of earth interments.
CEMETERY BOARD: The group consisting of up to seven (7) members, which provides oversight and policy setting regarding the cemetery. The seven positions which are appointed by their respective entities include two members of the Walker City Council, one member of the Shingobee Township board, two other representatives of Shingobee Township, and two other residents of Walker. Members shall each serve a three-year term, said terms to be staggered to ensure a modicum of continuity. The Cemetery Board shall meet quarterly, or more often as need may arise, to review and oversee Cemetery operations, and advise and recommend to the Walker City Council such charges, changes, or other actions as it may deem necessary.
CEMETERY CARETAKER: The person or persons hired by the City with the recommendation of the Cemetery Board to carry out the day to day grounds management of the Cemetery.
CEMETERY MANAGEMENT: Those persons and entities entrusted with the rights and responsibilities of cemetery stewardship – including the Walker City Council, Walker
City Staff, the Cemetery Board and the Cemetery Caretaker
CITY: the City of Walker, Minnesota, owning and, with the advice of the Cemetery Board, controlling the cemetery. When used herein, the term “the City,” when not otherwise specified or inferred from context, refers to any entity of Cemetery Management
GRAVE: a space of ground used, or intended to be used, for: (i) one burial, or (ii) three cremations, or (iii) one burial plus one cremation.
INTERMENT: the disposition of human remains by burial.
LOT: space in the cemetery used, or intended to be used, for the interment of human remains.
MEMORIALS: an object used to identify a grave including the following:
(i) Marker: a memorial of granite or other approved material, which does not
extend above the surface of the lawn.
(ii) Memorial: a monument, marker bench, or large urn (marked or unmarked)
(iii) Monument: a memorial of granite or other approved stone that extends above the surface of the lawn.
III - GENERAL SUPERVISION OF CEMETERY
A – FUNERALS
CEMETERY MANAGEMENT IN CHARGE OF FUNERAL:
All funerals, on reaching the Cemetery, shall be under the supervision of the Cemetery Caretaker.
CASKET NOT TO BE OPENED OR BODY TOUCHED WITHOUT CONSENT:
Once the funeral service is completed the City reserves the right to refuse permission to anyone to open the casket or to touch the body without the consent of the legal representative of the deceased or without a court order. In the event necessity requires, the City may take appropriate steps to correct any obnoxious or improper condition.
B – CONTROL OF WORK BY CITY
IMPROVEMENTS GENERALLY: All grading, landscape work and improvements of any kind, including trees and shrubs and herbage of any kind shall be planted, trimmed, cut, or removed by the Cemetery Caretaker or City Staff.
CEMETERY MANAGEMENT MUST DIRECT AND MAY REMOVE IMPROVEMENTS: All improvements or alternations of individual property in the Cemetery shall be under the direction of, and subject to, the consent, satisfaction, and approval of the Cemetery Management, and, should they be made without its written consent, the management shall have the right to remove, alter, or change such improvements or alterations at the expense of the lot owner, or, in any event, at any time when in its judgment they become unsightly to the eye.
C – ROADWAYS AND REPLATTING
NO RIGHT GRANTED IN ALLEYWAYS: No easement or right of interment is granted to any lot owner in any road, drive, alley or walk within the cemetery, but such road, drive, alley or walk may be used as a means of access to the cemetery or buildings as long as the City devotes it to that purpose.
D – PROTECTION AGAINST LOSS OR DAMAGE
CITY MAY CHARGE FOR UNUSUAL REPAIRS NECESSITATED BY ACTS OF GOD ETC.: In the event that it becomes necessary to repair or reconstruct any marble, granite or concrete work on any section or lot, or any portion of portions thereof in the cemetery which has been damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil authority, the City shall give a 10-day written notice of the necessity for such repair to the lot owner of record. The notice shall be given by depositing the same in the United States mail addressed to lot owner of record at his or her address stated on the books of the City. In the event the lot owner fails to repair the damage within a reasonable time, the City may direct that the repairs be made and charge the expense against the lot and to the lot owner of record.
IV – INTERMENTS
OPENING/CLOSING: Only the City shall make all openings and closings of graves, and all interments, disinterment, and removals. The Board shall review and recommend to the City Council such changes to charges for grave openings, and winter and summer interment charges, as it may deem appropriate. The City Council may adjust prices accordingly. Besides being subject to these rules and regulations, all interments, disinterment and removals are made subject to the orders and laws of the city, county and state.
TIME AND CHARGES: All interments, disinterment, and removals must be made at the time and in the manner prescribed and subject to the payment of such charges as fixed by the Cemetery Board and ratified by the City Council.
NOTICE: The City requires at least a 24-hour notice, except by court order to the City, from April 1 through October 31 and at least a 48-hour notice from November 1 through March 31 before any interment, and at least one week’s notice prior to any disinterment or removal.
AUTHORIZATION TO INTER:
The City may inter, or open, a plot for any lawful purpose on proper written authorization by any lot owner of record made out on forms approved by the City and duly filed in its office unless there are written instructions to the contrary on file in the office.
THE CITY REQUIRES CONCRETE BOX OR VAULT:
In order to maintain a high standard of care and to eliminate sunken graves caused by collapse of wooden boxes, the City reserves the right to require that all burials be made in outside containers constructed of natural stone, ceramic, or pre-stressed concrete.
LOCATION OF INTERMENT SPACE:
When instructions from the lot owner regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the cemetery management may, at its discretion, open it in such location in the lot as it deems best and proper, so as not to delay the funeral and the City shall not be liable in damages for any error so made.
ORDERS GIVEN BY TELEPHONE:
The City shall not be held responsible for any order given by telephone or for any mistake occurring from the lack of precise and proper instructions as to the particular space, size, and location in a lot where interment is desired.
ERRORS MAY BE CORRECTED:
The City reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterment, or removals, or in the description, transfer or conveyance of any interment property, either by canceling such conveyance and substituting and conveying, in lieu thereof, other interment property of equal value and similar location as far as possible or as may be selected by the City, by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of the remains of any person in such property, the City reserves, and shall have, the right to remove and re-inter remains to such property of equal value and similar location as may be substituted and conveyed in lieu thereof.
DELAYS IN INTERMENTS CAUSED BY PROTESTS:
The City shall not be 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. The City may require any protest to be in writing and on file in the office of the City Administrator/Clerk-Treasurer of Walker.
NOT RESPONSIBLE FOR EMBALMING OR FOR IDENTITY:
The City shall not be liable for the interment permit nor the identity of the person sought to be interred; nor shall the City be liable in any way for the embalming of the body.
NO INTERMENT OF MORE THAN ONE BODY:
Not more than one body, or the remains of more than one body, shall be interred in one grave, subject to the following exceptions:
(i) Three cremations per grave will be allowed, or
(ii) One body burial plus one cremation per grave will be allowed, or
(iii) Such grave was purchased with the City’s permission, in writing,
that more than one body, or the remains of more than one body,
may be interred.
INTERMENT OF HUMAN REMAINS
The use of the property in the cemetery is restricted to the interment of human remains.
V – REMOVALS/DISTERMENTS
GENERALLY: Only the City shall make all openings and closings of graves, and all interments, disinterment, and removals. Besides being subject to these rules and regulations, all interments, disinterment and removals are made subject to the orders and laws of the city, county and state.
REMOVAL FOR PROFIT PROHIBITED:
Removal of a body by the heirs so that the lot may be sold for profit to themselves, or removal contrary to the express or implied wish of the original lot owner, is repugnant to the ordinary sense of decency and is absolutely forbidden.
MAY OBTAIN LARGER LOT:
A body may be removed from its original lot to a larger or more desirable lot in the cemetery when there has been another lot purchased.
CARE IN REMOVAL:
The City shall assume no liability for damage to any casket or burial case in making the disinterment and removal.
VI – OWNERSHIP OF LOTS
A – SALES OF LOTS
Lots in the Walker Evergreen Cemetery shall be sold at such rates as the Cemetery Board, upon the approval of the Walker City Council, shall designate. The City Council may adjust prices accordingly.
B – DECEASED LOT OWNERS
DESCENT OF TITLE AND OWNERSHIP OF LOTS IN CASE OF DEATH (State Law): Subject to the right of interment of the decedent therein, a cemetery lot or burial lot, unless disposed of as provided in Minnesota Statutes Section 306.29, shall descend, free of all debts per the intestacy laws of the State of Minnesota then effective.
NOTICE TO HEIRS OF DECEASED LOT OWNERS:
The only regular and legal proof of title by descent from a deceased owner is a certified copy of the District Court assignment of the lot of the person deceased, or his interest in it, to the one claiming it. Whenever practicable, this proof will be required. If for any reason the furnishing of this proof is impossible, an application, including a certified copy of the Death Certificate, should, as soon as possible upon death of the lot owner, be made to the City Administrator/Clerk-Treasurer’s office to be sure that the records will show the lot to be in the name of the proper living person.
C - TRANSFERS OR ASSIGNMENTS
The City may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the City from the record lot owner.
D - BUYING BACK PREVIOULY SOLD CEMETERY LOTS
The City will buy back or re-purchase previously sold cemetery lots subject to the following policy:
- Re-purchase price or amount paid by the City for previously sold lot(s) will be fifty percent (50%) of the current selling price.
- Sixty-five percent (65%) of the proceeds received from the sale of the lot(s) will be processed to the Perpetual Care Fund, and
- Selling price of the re-acquired repurchased cemetery lots will be subject to the rate schedule approved by the Cemetery Board and ratified by the City Council.
VII – PERPETUAL CARE
PERPETUAL CARE ON LOTS:
Perpetual Care is that care and maintenance made necessary by natural growth and ordinary wear which can be provided at reasonable intervals with income from the perpetual care fund and cemetery budget funds, and includes the planting, cutting, watering and care of lawns, the cleaning and upkeep of buildings, and the maintenance of the utilities, walls, roadways and walks. The City may also use a portion of the income from such fund for such general care, maintenance, repairs, and embellishments as in its sounds discretion shall deem to be for the best interests of the cemetery to the end that the cemetery generally be kept in the best condition possible within the limits of such income.
PERPETUAL CARE EXCEPTIONS:
The term “Perpetual Care” shall not be construed as meaning the maintenance, repair or replacement of any grave stones or monumental structures or memorials placed or moved upon lots; nor the planting of flowers or ornamental plants; nor the maintenance or doing of any special work in the cemetery; nor does it mean reconstruction of any marble, lot, or any portion or portions thereof in the cemetery, caused by the elements, as an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by order of any military or civil authority, whether the damage to be direct or collateral, other than as herein provided.
INVESTMENT OF PERPETUAL CARE FUND:
The City will maintain a separate trust fund for Perpetual Care in conformance with Minnesota Statues Sections 306.41 through 306.44 et. Seq. Twenty percent (20%) of the sales price for each grave lot sold will be deposited in said fund. All funds deposited in the fund, except interest earnings, will remain in the fund and cannot be spent for any other purpose.
VIII - MONUMENTS AND MARKERS
A – MATERIAL SPECIFICATIONS
All monuments and markers must be produced of first grade materials and executed in first grade workmanship. All memorials or markers shall be constructed of granite, marble or bronze materials. Manufactured monuments and markers are permitted.
Manufactured flower urns are only permitted if attached to the monuments.
All die stones shall be finished on front and back and shall be at least 6” thick.
All bases must have a finished top and a level bottom. All stone shall have the surface nest to the foundation, bedded off sufficiently true and level to allow every part to be in contact with the foundation.
Flat markers containing a picture or emblem must be recessed so as to be flush with the granite. Because of the delicate nature of the materials used in the pictures and/or emblems, the City shall not be liable to damages done to these types of markers. While the city will exercise all possible care to protect raised lettering, carving, or ornaments on any memorial or other structure, on any lot, it disclaims responsibility for any damage or injury thereto.
There will be no sharp corners or sudden drop-offs.
So that all monuments shall be in good taste, adding to the beauty of the cemetery, the Cemetery Board shall approve or disapprove all plans and design of monuments. Cemetery Management shall have the authority to reject any plan or design for any memorial, which, on account of size, design, inscription, kind or quality of stone is, in its opinion, deemed unacceptable as offensive to human dignity.
B – PLACEMENT
GENERALLY: Any monuments or markers placed in violation of these rules are subject to removal by the cemetery caretaker.
Monuments, markers and footstones shall be placed in accordance with the rules and regulations of the cemetery. Monuments (above ground), markers and footstones (flush with ground) shall be placed as follows.
Monuments shall not exceed the following dimensions:
Single Lot-Height 40” inches, Base 14” inches wide by 40” inches long.
Double Lot-Height 40” inches, Base 14” inches wide by 4-1/2 ’ feet long.
Foundation will be flush with the ground, extend 5” inches around the base of the monument and be at least 4” inches thick.
When single lot or double lot markers are used in place of a monument, markers shall not exceed the following dimensions:
Single Lot-14” inches wide by 40” inches long.
Double Lot-14” inches wide by 4-1/2’ feet long.
All markers will have a 4”or 5” inch cement collar around marker. Marker and collar will be flush with the ground.
When markers are used as footstones they cannot be placed until after internment, unless lot or lots are used for cremation only.
Limit each lot to one headstone (monument or marker) and one footstone. Military marker considered as footstone.
Back to nature monuments shall not exceed the following dimensions:
Single Lot-14” inches wide by 40” inches long by 40” inches high.
Double Lot-14” inches wide by 4-1/2’ feet long by 40” inches high.
Foundation will be flush with the ground and extend 5” inches around monument and be at least 4” inches thick.
Before a monument, marker or footstone can be placed in the cemetery, a sketch showing all dimensions of the foundation, base, monument, markers or footstones must be sent or faxed to the City of Walker for approval:
City of Walker
PO Box 207
Walker, MN 56484
Fax number-(218) 547-5513
SECOND ADDITION: In the so-called “New Cemetery,” there are two (2) conforming lines, one to control the location of the marker or monument and one to control the location of the footstone. All monuments, markers and footstones shall comply with these lines.
C – ERECTION OF MONUMENTS
INDEPENDENT CONTRACTORS: Workers employed in placing or erecting monuments, or bringing materials, shall, as to the City, operate as independent contractors, but must also do so only with the permission of the City, and work must be done in accordance with these rules and regulations. Workers Compensation and liability insurance of a professional monument company must cover them.
MANNER OF WORK: Work shall proceed promptly until the erection of the memorial is completed. Persons engaged in erecting monuments are prohibited from attaching ropes to monuments, trees, shrubs, or from scattering their material over adjoining lots, or little injury to the grass, trees and shrubs as possible, and must remove all debris and restore the ground and sod to its original condition.
No material, machinery, or other thing for the construction of monuments, or monuments themselves, may be brought into the cemetery until required for immediate use; nor shall such material be placed on lots adjoining the one on which such structure is to be erected without permission from the Cemetery Caretaker.
WHEN WORK SHALL CEASE: While a funeral of interment is being conducted, all work of any description shall cease.
The City reserves the right to stop all work of any nature whenever, in its opinion, proper preparations therefore have not been made; or when tools and machinery are insufficient or defective; or when work is being executed in such manners as to threaten life or property; or when the monument dealer has been guilty of misrepresentation; or when any reasonable request of the part of the City is disregarded; or when work is not being executed according to specifications; or when any person employed on the work violates any rule of the cemetery.
RIGHTS OF CITY: Damage done to lots, walks, drives, trees, shrubs or other property by dealers or contractors or their agents shall be repaired by the City, and the cost of such repairs shall be charged to the dealer or contractor or to his principal. The completed work is subject to the approval of the City.
D – REMOVAL OF MONUMENTS
Should any memorial become unsightly, dilapidated, or a menace to visitors, the Cemetery Caretaker shall have the right either to correct the condition or to remove the same, at the expense of the lot owner.
No monument or marker shall be removed from the cemetery, except by the City, unless written order of the lot owner is presented to the management and permission be granted by the City.
IX – DECORATION OF LOTS
A – DECORATIONS PERMITTED
To facilitate cemetery maintenance, flowers will only be allowed in elevated stands at least 18” off the ground with a minimum of a 10” concrete wash. Shepherd’s hooks are allowed and encouraged. Stands will be placed in marker row. Floral frames, casket sprays and cut flowers may be placed on gravesites for funerals or special occasions. If they are not removed from the lot site within five (5) days by those lawfully entitled the cemetery caretaker may remove them.
B – DATES LOTS MAY BE DECORATED/FALL CLEAN-UP
All persons wishing to decorate lot sites with flowers, artificial flowers, flags and standards, etc., may do so from May 1 to September 15. In preparation for the winter months, beginning September 15, all live flowers, pots, and holders, excluding permanently attached vases and shepherd’s hooks that are not removed from the lot sites may be removed and discarded by cemetery officials. Decorations may remain and will be allowed on lot sites as long as, in the discretion of the Cemetery Caretaker, such decoration remains attractive and in conformance with the intent and purpose of these rules and regulations.
C – DECORATIONS NOT PERMITTED
The following lot decorations will not be permitted and the City reserves the right to remove the same if so erected, planted, or placed:
- Planting of ground flowers
- Planting of flowering, fruit bearing, or leaf trees, or shrubs
- Ground decorations of any kind such as boxes, shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron cases, rocks, and similar articles
- No walks of brick, cinders, tile, stone, marble, terra cotta, sand, cement, gravel, or wood shall be allowed on any lot.
- No coping, curbing, fencing, hedging, grave mounds, borders, or enclosures of any kind shall be allowed around any lot.
D – RIGHTS OF MANAGEMENT
The City shall have the authority to maintain existing trees and shrubs. The City reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or plants, or herbage of any kind, unless it gives its consent.
The Cemetery Caretaker shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the Cemetery Caretaker, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards set out in these rules and regulations.
The City shall not be liable for the floral pieces, baskets, or frames in which or to which such floral pieces are attached. The City shall not be liable for lost, misplaced, or broken flower vases. The City shall not be responsible for plants, herbage, or plantings of any kind damaged by the elements, thieves, and vandals or by other causes beyond its control. The City shall not be responsible for plant stands, pots and vases damaged in the winter due to snow removal for funerals or damage due to the necessary removal of such items.
X – MISCELLANEOUS PROVISIONS
- No signs or notices or advertisements of any kind shall be allowed in the cemetery unless placed by the City.
- All persons are prohibited from gathering flowers, either wild or cultivated, or breaking trees, shrubbery or plants, or feeding or disturbing birds or other animal life.
It is the utmost importance that there should be strict observance of all the proprieties of the Cemetery, whether embraced in these rules or not, as no improprieties shall be allowed, and the management shall have power to prevent improper assemblages.
In the event of a violation or threatened violation of any provision of this ordinance, the City, in addition to other remedies, may act or institute action to prevent, restrain, correct, or abate such violation or threatened violation.
The violation of any provision of this ordinance or the violation of the conditions or provisions of the cemetery rules and regulations shall be a misdemeanor, punishable by a maximum penalty of ninety (90) days in jail and a fine of $1000.00. Each act of violation and every calendar day on which such a violation occurs or continues shall be a separate offense.
CITY OF WALKER TO ENFORCE RULES:
Cemetery Management is hereby empowered to enforce all rules and regulations, and to exclude from the cemetery property any person violating the same. They shall have charge of the grounds and buildings, and at all times shall have supervision and control of all persons in the cemetery, including the conduct of funerals, traffic, employees, lot owners and visitors.
Complete copies of these “Evergreen Cemetery Rules” are available in the City Administrator’s Office, Walker City Hall, 205 Minnesota Avenue West, PO Box 207, Walker, Minnesota, 56484.
For more information, call City Hall at (218)547-5503.