Operating Policy

This policy adopted by City Council January 24, 2022

 

Visitation:

  1. Open to the public daily thirty minutes after dawn and thirty minutes before dusk except for unusual and unforeseen emergencies.  Any section or part of the cemetery may be declared closed to the public by the Cemetery Coordinator or designee, at any time and for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), as the Cemetery Coordinator or designee shall find reasonably necessary. 
  2. Speed limit on established roadways is 15 (fifteen) mph. 
  3. All drivers of any vehicle must use established roadways and parking areas unless exceptions have been made in advance for temporary parking areas and site access for services. 
  4. Rights of way between grave blocks are for pedestrian use only other than those required for installation or maintenance of facilities by the City. 
  5. Vehicles must be parked in an established or designated parking area only for attending funerals, visiting grave sites, maintaining the grounds by the City, or other official business. No vehicle shall be left standing or parked at night. 
  6. Receptacles are available throughout the cemetery grounds for visitors needing to dispose of aging floral arrangements, ornaments or small trash items generated while visiting the grounds such as soft drink cans and food wrappers. 
  7. A public restroom is available at the cemetery office during normal business hours.

Prohibited Conduct:

     No person shall: 

  1. Enter an area posted as "Closed to the Public," nor shall any person use, or abet the use of any area in violation of posted notices. 
  2. Sleep or protractedly lounge on the seats, or benches, or other areas. 
  3. Engage in loud, boisterous, threatening, abusive, insulting, indecent language, or engage in any disorderly conduct or behavior tending to be a breach of the public peace. 
  4. Disturb or interfere with any person or party lawfully present in the cemetery. 
  5. Discharge any firearms except for a City-approved military funeral or patriotic service. 
  6. Willfully mark, deface, disfigure, injure, tamper with, use inappropriately, displace or remove any building, bench, paving or paving material, water line, irrigation system or other public utility or parts or appurtenances thereof, sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, fence, gate, coping, curbing, head marker, headstone, vault cover, slab, vase or other structures without the approval of the Cemetery Coordinator. 
  7. Dig, remove, or disturb any soil, shell, rock, stones, trees, shrubs or plants, or construct or erect any building or structure, coping, curbing, monument, marker, headstone, vault cover, slab, or other structure without obtaining the required permit from the Cemetery Coordinator or designee. All persons, other than the owner of said plot, shall acquire a permit before work is performed. Permission to remove a dead tree or shrub shall be at the discretion of the Cemetery Coordinator or the City’s Maintenance Supervisor.  
  8. Damage, cut, carve, transplant, or remove any tree, shrub, plant, floral arrangement or injure tree bark, pick the flowers or seeds of any tree or plant. A person shall not dig or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. The City shall have the right to trim and maintain all trees and shrubs that extend into the rights of way. Individual(s) lot owners will maintain existing shrubs, plants, bushes on lots or they will be removed at the Cemetery Coordinator’s discretion. 
  9. Climb any tree or wall. 
  10. Stand, or sit upon monuments, vases, fountains, railing, fences, or gates, copings, curbing, head markers, headstones, vault covers, slabs or upon any other property not designated or customarily used for such purposes.  
  11. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw any kind of projectiles at any wildlife nor remove or possess the eggs, young or nest of any wildlife. 
  12. Excavate and/or dig a burial or cremation interment location unless an approved cemetery permit has been obtained from the Cemetery Coordinator or their designee. 
  13. Bring waste material for disposal to the cemetery, including bottles, glass, dirt, ashes, paper, boxes, cans, rubbish, garbage, or any other trash.  
  14. Place refuse, dead flowers or faded artificial arrangements and litter on the right-of-way.  
  15. Fail to obey all traffic officers, City employees, or funeral directors, who are authorized and instructed to direct traffic whenever and wherever needed on cemetery grounds.  

Burial Plots and Monuments:

  1. A plot measured at 42” x 96” is required and survey pins shall be placed every 200 feet.
  2. Interments within burial plots shall be positioned to ensure preservation of the symmetry for future headstones, markers, or other monuments.
  3. Every burial casket and urn shall be contained in a vault that meets the specifications of this ordinance. 
  4. Per each plot, one full casket or two cremation urns are permitted or one casket and one urn.
  5. Burial plots must have a minimum of 18 inches of earth above each vault and shall not exceed the elevation of the surrounding area.
  6.   After each burial, turf (if any) must be replaced, and the ground leveled with as little disturbance to surrounding areas as possible. Excess waste materials present after a burial shall be disposed of in designated areas as directed by the Cemetery Coordinator. 
  7. A funeral director and/or the Cemetery Coordinator or designee must be present during a cremation burial. Every burial, either a casket or an urn, must have a vault. The vault shall be made of concrete, steel, or other equivalent material, and the cost of such shall be the sole responsibility of the burial plot owner. Such vault shall be of specifications and weight to prevent cave-ins. Only one vault will be permitted on each burial plot unless the vault is for cremated human remains where two vaults shall be installed per burial plot or one casket and one urn.
  8. A cremation urn vault shall not exceed 24 inches by 24 inches.
  9. Headstones, markers, or other monuments must be leveled and aligned within burial plot perimeters to not infringe on adjacent burial plots or rights of way. Placement of headstones, markers, and other monuments must be in accordance with acceptable standards so that they will not settle or tilt.  The City Clerk, Cemetery Coordinator, or their designee, has the authority to contact family members of the deceased to have the monument, headstone, or maker repaired or to prevent further damage.  If no contact can be made, the Cemetery Coordinator has the authority to remove the monument from the gravesite and place in storage until a relative or friend inquires about said monument.  The city is not responsible or liable for any damage that occurs to monuments that have tilted or fallen.
  10. Veteran lots will be permitted a single free-standing flagpole not to exceed 15 feet in height and will be maintained by the lot owner. The maximum size for the flag will be 3 feet by 5 feet. The only flags permitted will be the United States of America flag. Only one flag will be displayed on each pole. If the flag or pole is not maintained, it will be removed from the lot and will not be allowed another permit to install a new pole. Flags may not be left torn, frayed, or faded. The flagpoles must be straight and not leaning. 
  11. Temporary markers shall be removed when permanent markers are placed. Temporary markers cannot be used in lieu of permanent markers. Temporary markers will be removed when they become illegible or within three (3) months whichever comes first.  The city reserves the right to install a marker on an unmarked grave for identification purposes and bill the family for expenses. 
  12. If existing enclosures or curbing are not properly maintained, they may be removed at the direction of the Cemetery Coordinator or their designee. 
  13. Only secure vases are permitted. Loose flowers are not permitted.  The City reserves the right to remove any plants or other matter that have become unsightly. The city shall remove any items, including but not limited to PVC piping, concrete blocks, or other material that may hinder the maintenance of the cemetery. The City reserves the right to enter upon any lot for purpose of removal and remediation of anything that is non-compliant, offensive, improper, or injurious from graves and lots.    
  14. Burial plot enclosures, fences, curbing, plants or potted plants, trees, flowers (other than what is in the permanent vases on the headstones), statues, stands, easels, wreaths, pictures, ornaments, jewelry, stuffed animals, glass, cans of any kind, etc. are prohibited because they inhibit proper care and maintenance of burial plots. These items must be removed by family or friends within five (5) days after interment. Floral arrangements or other displays will be removed by the Cemetery Coordinator or designee. The items shall be held for fourteen (14) days at the cemetery office. The city shall reserve the right to remove any item that is not in keeping with the general appearance of the cemetery. 
  15. Monuments are limited to a three-foot length base for a single burial plot, the height is limited to three feet, and the width is limited to 12 inches. Multiple burial plots monuments are limited to no more than 75 (seventy-five) percent of the width of the land purchased with the same height and width limits of a single burial plot. All foot markers including Veteran markers shall be placed at ground level only and shall not exceed 12 inches in width and 24 inches in length and shall be flush with ground.  
  16. Lot owners are not allowed to add soil, lay sod, plant grass seed, or otherwise alter the landscape of their lot without permission from the Cemetery Coordinator. 
  17. Flower vases must be permanently attached. No other vase will be allowed. If a ground marker is used only one (1) holder for flowers shall be attached. 
  18. Any pictures or items placed on or around the grave is prohibited. 
  19. The person or persons to whom consent for burial has been given shall be liable for any loss, damage or injury sustained by any person whatever by reason of the negligence of the person or persons to whom such consent shall have been given. 
  20. The City Clerk, Cemetery Coordinator, or designee shall have the authority to revoke a Magnolia Cemetery burial permit upon finding any violation, any rule, resolution, or ordinance, or upon good cause shown. The Cemetery Coordinator or designee may deny access to the cemetery grounds in the future. 
  21. The City shall keep full and complete records of ownership of all burial plots/niches as well as the burial capacity of each burial plot/niche, interred or not interred; the location of each burial plot/niche that has been or shall hereafter be used; and of the name of the deceased, date of birth and date of death of each plot/niche. 
  22. The City shall not be responsible for any damage caused during normal maintenance activities. 
  23. The City shall not be responsible for owners of burial plots/ niches performing maintenance activities.

Section A – I.  Additional/Special Requirements:

  1. No benches, statues or anything that cannot be permanently affixed to the headstone.
  2. Foot markers at ground level only.
  3. Vaults are required.
  4. 1 casket and 1 cremains or 2 cremains per plot. 

Sections K – S. Additional/Special Requirements:

  1. No curbing, chipping, benches, statues, or anything that cannot be permanently affixed to the headstone.
  2. Slabs are only permitted in section S. 
  3. Foot markers at ground level only. 
  4. Vaults are required. 
  5. 1 casket and 1 cremains or 2 cremains per plot are permitted.

Historic SectionAdditional/Special Requirements:

  1. No benches, statues or anything that cannot be permanently affixed to the headstone.
  2. Vaults are required.
  3. 1 casket and 1 cremains or 2 cremains per plot. 

Columbarium Section:

  1. Niches shall be purchased and used only for the purpose of interment of human remains. A Certificate of Rights of Interment shall be issued with each sale.  
  2. Plaques are limited to the following description: bronze plate, dark finish, bevel edged, flat face letters, and must be eight inches in length by three inches in height. 
  3. Temporary plaques shall be permitted until interment is complete. Temporary plaques shall be removed when permanent plaques are placed. Temporary plaques cannot be used in lieu of permanent plaques. Temporary plaques will be removed when they become illegible or when interment is complete, whichever comes first. 
  4. Items such as pictures, flowers, memorabilia, or any other items of any kind may not be placed on or around the columbarium. The City will not be responsible for any loss or damage to such items. The City shall remove any pictures, flowers, memorabilia, or any other items of any kind that is placed on or around the columbarium. 
  5. Plaques will need to be paid for at the time of internment.

Funeral Directors and Contractors: 

  1. A Burial Permit and Work Permit will need to be issued for any Interment.
  2. All work performed within Magnolia Cemetery will require a Work Permit. 
  3. A permit must be obtained before any work is done for repairs, leveling, or realigning of monuments. 
  4. Permit fees are established by resolution of the DeFuniak Springs City Council. 
  5. Any work provided at Magnolia Cemetery must be done by a licensed contractor under current rules and regulations approved by the City Council. Funeral directors will be held responsible for damage and loss of time or labor caused by them in providing incorrect information to the Cemetery Coordinator. The contractor will prepare the site for the installation of a vault, to include setting and sealing of the vault. 
  6. A Magnolia Cemetery burial permit shall be made to the City Clerk or Cemetery Coordinator or designee, by the Funeral Director two business days (48) hours prior to internment.  This shall include a burial transit permit for the deceased, and a Burial permit fee, as set by resolution of the DeFuniak Springs City Council. The City will not be liable for the burial permit, nor the identity of the person sought to be interred. 
  7. No grave/niche will be opened, and no deceased person shall be interred in Magnolia Cemetery unless the City consents thereto and complies with the following:
    1. A state issued burial transit permit has been received by the City Clerk, Cemetery Coordinator, or designee.
    2. The burial plot/niche has been fully paid or determination of indigence has been made in accordance with fee established by resolution and the person arranging for such burial has proper authority to submit the permit.
    3. The City will verify ownership before a permit is issued. If verified, the City will permit the burial plot/niche to be marked and consent issued.
    4. The funeral director shall give notice no less than 48 hours or two business days during regular business hours Monday through Friday 8:00 a.m. to 4:00 p.m. in advance of a burial. On Friday, cut-off time will be 12 Noon to allow time for layout of the plot. Any request after 12 Noon on Friday, including holidays, involving work beyond normal business hours will be billed to the funeral home at the employee’s said pay rate by one and a half times. Note that 3:00 p.m. is the latest time for a funeral.
    5. A burial permit shall be issued to the Funeral Director with a burial permit fee being paid prior to any work being performed.  The burial permit fee shall be set by Resolution and adopted by the DeFuniak Springs City Council.  All permit fees for the installation of a veteran marker shall be waived, however, a burial permit is still required.
    6. A person or persons to whom consent has been given for burial shall be bound by all City cemetery rules and regulations and all applicable ordinances.
  8. Access to some grave sites is difficult and can require the movement and replacement of headstones and coping. The contractor shall be responsible for promptly repairing and replacing headstones, grave markers, coping, and the like, or other surface disturbances caused by it, its employees, or agents, during the execution of their duties and no more than 48 hours after such occurrence.
  9. The contractor shall be responsible for opening the grave to a depth of at least 5’ 4” to install a concrete vault. 
  10. The contractor shall have the burial spaces prepared for the interment by approximate scheduled funeral time or a minimum of one (1) hour prior to graveside services.  All closings shall be completed immediately following the burial services. All work shall be done during daylight hours. 
  11. The contractor shall provide cribbing, as necessary, grass, tent, lowering device, and a minimum of 10 chairs unless other arrangements have been made with the Cemetery Coordinator. 
  12. The contractor shall have workers available during the service to provide any assistance that the funeral home or cemetery personnel may need and ensure expedient closing of the grave. 
  13. The contractor shall be responsible for promptly repairing or replacing property such as headstones, grave markers, coping (only where authorized), etc., that may be damaged during the execution of their duties but not more than 48 hours after such occurrence.  
  14. No work is permitted other than open and close services on weekends or holidays.