RULES
AND REGULATIONS
OF THE
MUNICIPAL CEMETERIES
HOLDEN, MAINE
These
Rules and Regulations are hereby adopted by the Board
of Cemetery Trustees ("Trustees") and approved by the
Town Council. All owners of interment rights,
visitors, and contractors performing work within the
cemeteries shall be subject to said Rules and
Regulations and amendments as shall be adopted by the
Trustees.
ARTICLE 1 DEFINITIONS:
1.1 The term "cemetery" shall mean any of the
following cemeteries in the Town of Holden:
Clewleyville Cemetery, Hart's Corner Cemetery, Hill
Rest Cemetery, Rowe Cemetery, Tomb Cemetery, Waning
Cemetery, and any other cemeteries that may come under
the direction of the Town of Holden.
1.2 The term "Cemetery Officer" shall mean any
member of the Board of Cemetery Trustees.
The
Board of Cemetery Trustees shall consist of the
following:
(a)
A Sexton appointed each year who also serves as an
ex-officio member of the Board.
(b)
One member of the Town Council appointed as an
ex-officio member each year.
(c)
Five (5) members appointed by the Town Council, each
for three (3) year terms.
1.3 The term "Owner" shall mean the owner of
rights of interment.
1.4 The term "interment" shall mean cremation
with inurnment, entombment, or burial of
the remains of a deceased person.
1.5 The term "Memorial" shall mean any marker
or structure upon or in any lot or niche, placed
thereupon or therein or partially therein for the
purpose of identification or in memory of the
interred.
1.6 The term "Contractor" shall mean any
person, firm, corporation or anyone engaged in
placing, erecting or repairing any memorial, or
performing any work in the cemetery grounds, other
than a cemetery employee.
1.7 The term "Perpetual Care" shall mean the
obligation of the Town to maintain and care for all
the Town of Holden cemetery sites from the net annual
income on the Perpetual Care endowment fund.
ARTICLE 2 ASSIGNMENT OF INTERMENT RIGHTS:
2.1 Persons desiring to obtain interment rights
in the Holden cemeteries are referred to the HOLDEN
TOWN CLERK who will arrange for the Sexton to assist
the person by showing the plans and available lots of
the cemeteries. Upon having made a lot selection and
full payment of fees and charges the clerk will issue
interment rights which will give title to the cemetery
lot. The clerk will then record the title in the Town
Clerk Records.
2.2 Assignment of Interment Rights shall be
made to Residents of the Town of Holden at rates
adopted by the Trustees. Interment rights may be
assigned to non-residents at the discretion of the
Trustees, who will also determine the fee for same.
2.3 Non-resident Interment rights can be
assigned in a cemetery only with the written approval
of the Trustees, and subject to the Rules and
Regulations of said cemetery now or hereafter adopted
for the government of said cemeteries, and for the
purpose of interment only.
2.4 No interment rights or contracts for the
assignment of interment rights can be sold, assigned,
transferred, pledged or hypothecated without the
written approval of the Trustees.
2.5 The reassignment of any interment right by
any Owner or assignee must be made in writing to the
Holden Town Clerk. The interment right must be
reconveyed to the Trustees. The Trustees shall
reassign internment right to the new Owner. This
procedure is required in order that the Trustees may
at all times have a complete and accurate record of
all owners. The Trustees may refuse to consent to a
transfer or to an assignment as long as there is
indebtedness due the Town of Holden from the Owner so
recorded in the records of the cemetery at the Holden
Town Office.
2.6 The Owner of interment rights may dispose
of same by will, subject to foregoing conditions. If
the owner dies intestate the interment rights will
descend to his or her heirs according to the laws of
descent.
2.7 The subdivision of interment rights is not
allowed without consent of the Trustees.
2.8 All interment rights are assigned subject
to payment of the amount posted in the Holden Town
Office. All work on lots, all opening and closing of
lots, all interments and disinterments shall be
performed under the direction of the Trustees, except
when permission is otherwise granted.
2.9 All agreements for the assignment of
Cemetery interment rights must be on forms approved
and signed by the Trustees. All terms and conditions
for the assignment rights must be recited in the
assignment contract: verbal agreements or
representations will not be recognized. All said
agreements must provide for payment as posted in the
Town Office.
2.10 The Trustees shall direct all improvements
within the grounds and upon all lots and graves,
before as well as after interments have been made
therein.
2.11 If any memorial, or any structure
whatsoever, or any inscription to be placed on same,
shall be determined by the Trustees to be offensive,
they shall have the right and it shall be their duty,
to enter upon such lot and remove, change or correct
the offensive or improper object or objects.
2.12 If any tree, shrub or plant standing upon
any lot, by means of its roots, branches, or
otherwise, is or becomes detrimental to adjacent lots
or avenues, or if for any other reason its removal is
deemed necessary, the Trustees shall have the right
and it shall be their duty, to correct the existing
condition.
2.13 No person, unless otherwise authorized
herein, shall pluck or remove any plant or flower,
either wild or cultivated, from any part of the
Cemetery.
ARTICLE 3 FUNERAL REGULATIONS:
3.1 Funerals, after entering the gates, shall
be subject to the direction of the appropriate
personnel.
3.2 There shall be no burial between November
1st and April 30th, or when the ground is frozen or
covered with snow, unless authorized by the Trustees.
Exceptions may be made by the Sexton and the Trustees.
3.3 Graves must be located by the family or its
representative, with verification to be made by the
Town Office or Sexton.
3.4 When a removal is to be made from a single
grave to another grave, the formerly occupied single
grave space and all rights thereto revert to the
Trustees. If no steel or concrete vault has been used
for this interment, one must be furnished by the party
requesting the change. If there is a steel or
concrete vault which is in a removable condition,
charge for removal of the vault must be paid in
advance. This charge shall be based on cost of
equipment, materials and labor. Application for a
removal permit must be signed by the family or its
representative and properly notarized prior to time of
removal.
3.5 One grave space may contain one body burial
and/or up to three cremations.
3.6 Concrete or metal vaults are required for
all full interments, and non-degradable containers are
required for all cremations.
ARTICLE 4 REGULATIONS:
4.1 No dogs shall be permitted in the
cemeteries.
4.2 No person shall be permitted in the
cemeteries on a bicycle, except on designated
roadways. All vehicles shall remain on said roadways
and observe a maximum speed of 10 mph.
4.3 Alcoholic beverages in the cemeteries are
strictly forbidden.
4.4 Only living plants, flowers and memorial
insignia are permitted as grave decoration. Eternal
lights are permitted on Special Occasions for three
(3) days, those days being: the day before the special
occasion and the day after the special occasion with
the light being removed by the family after the third
day.
4.5 All work and all planting of any kind on
all lots and graves is prohibited, with the exception
of the planting of flowers, which may be done close to
monument stones and must be maintained by the Owners
or family. The Trustees have the right to direct the
removal of any inappropriate decorations, flowers,
potted plants, and wreaths when they become withered.
Trees and shrubs which have died or become unsightly
shall be removed by the Sexton. The Sexton is ordered
to make such removals when in his judgment it is in
the best interests of the cemetery.
4.6 Urns or flower boxes (no more than 3 feet
in length) may be placed close to the monument stones,
but must not be placed on other parts of lots.
4.7 The Trustees are not responsible for theft
or damage to anything placed on graves or lots.
4.8 Prior to placing a marker or monument,
permission must be obtained from the Town Office.
Markers and monuments must be of traditional stone or
metal composition and shall not exceed three feet in
height. All monuments must be placed with an
appropriate footing at the head of lots. All work
shall be under the supervision of the Sexton.
4.9 Any person found on the grounds after dark
will be considered a trespasser.
4.10 All persons are reminded that the grounds
are sacredly devoted to the burial of the deceased,
and that the provisions and penalties of the law, as
provided by statute, will be strictly enforced in all
cases of wanton injury, disturbance and disregard of
the rules.
4.11 No person or persons other than an employee
of the Cemetery shall be permitted to bring or carry
fire-arms within the Cemetery except a military guard
of honor and then only when in charge of an Officer
and during a Military Service.
4.12 Planting, maintenance of lots, and placing
of monuments contrary to the Cemetery Rules and
Regulations will be corrected at the direction of the
Trustees at the Owner's expense.
4.13 Special cases may arise in which the literal
enforcement of a rule may impose unnecessary
hardship. The Trustees therefore reserve the right,
without notice, to make exceptions, suspensions or
modifications in any of the Rules and Regulations
when, in its judgement, the same appear advisable.
Temporary exceptions, suspension or modification shall
in no way be construed as affecting the general
application of such Rules and Regulations.
4.14 Future grave lots are to be laid out in such
locations and sizes as the Trustees shall designate.
ARTICLE 5 FEES, CHARGES AND PAYMENTS:\
5.1 Prior to 1972, Holden residents were given
cemetery lots free of charge. In 1972, the Cemetery
Board established a policy requiring residents to
purchase cemetery lots. Please be aware that even if
a lot was reserved prior to 1972, it must now be paid
for before it can be used.
5.2 The following cost schedule is in effect
and applicable to all of the Holden Municipal
Cemeteries. The payment of all fees and charges shall
be made at the Holden Municipal Office where receipts
and proper title will be issued for all amounts paid.
5.3 Cost Schedule (includes Perpetual Care)
Lot
Size
Lot Price
Internment Charge
