Rules and Regulations |
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INTRODUCTION
TITLE
SECTION 1: Definitions SECTION 2: General Supervision of the Cemetery SECTION 3: Visitation SECTION 4: Records SECTION 5: Cemetery Care and Maintenance SECTION 6: Monuments and Decorations SECTION 7: The Cemetery Board SECTION 8: Outside Contractors SECTION 9: Burial Spaces SECTION 10: Interment/Disinterment SECTION 11: Disinterment and Removal SECTION 12: Service Charges and Delinquent Accounts SECTION 13: Transfer of Assignments SECTION 14: Control of Work by the Cemetery SECTION 15: Supervision of Services SECTION 16: Gratuities SECTION 17: Protection Against Loss SECTION 18: Change of Address of Property Owners SECTION 19: Statements of Sales Agents SECTION 20: Modifications and Amendments
INTRODUCTION
The Glen Forest Memorial Park is a cemetery dedicated to the memory of those interned or whose ashes have been scattered in the Park. The Memorial Park (hereafter referred to “ GFMP”) is organized under the laws of the State of Zimbabwe. In order to preserve and maintain the beauty, harmony and sanctity of the cemetery as a whole, and each burial space in particular, the GFMP, its successor and assignees reserve the right to make any and all rules, regulations, limitations and restrictions that it may deem necessary, to protect and provide for the future welfare of the cemetery. These Rules and Regulations are intended not to restrain appropriate use, but rather to prevent the inconsiderate from taking unfair advantage of others and to prevent those, with a limited understanding, from unintentionally damaging the beauty of fragile sites within the cemetery. The enforcement of the Rules and Regulations will help protect, maintain and preserve the Memorial Parks’ beauty, peacefulness and function.
TITLE These Regulations will be cited as the Glen Forest Memorial Park’s Regulations, 2003.
SECTION: 1 Definitions 1-a The terms “Memorial Park” and “Cemetery” are interchangeable and are hereby defined to be a burial park for the permanent interment of the dead.
1-b The term “stand, “burial space”, “burial stand” and “grave” shall be used interchangeably and shall apply with like effect to one or more adjoining graves.
1-c the term “grave” shall mean burial place for a body formed in the ground by excavation or burial place for ashes or a niche in a memorial wall.
1-d The term “burial order” shall mean an order given in terms of the Burial and Cremation Act (Chapter 171)
1-e The term “lot” or “stand owner” as herein used means any person in whose name a burial or ashes scattering right is recorded, as owner, in the office of the Cemetery but who may not necessarily be the purchaser.
1-f The term “interment” shall mean the permanent disposition of the remains of a deceased person preserved in the park.
1-g The term GFMPB refers to the Glen Forest Memorial Park Board.
1-h The term “ashes” shall mean the resulting ashes of any body cremated in terms of the Burial and Cremation Act (Chapter 171)
1-i The term “crematorium” shall mean any building fitted with appliances or structures for the purposes of cremating bodies and includes everything incidental thereto.
1-j The term “monumentation” is herby defined as a permanent stone marker for the purpose of identification. “Monumentation” can also include (at the discretion of the GFMPB) existing in-situ stones. The GFMPB will set the standard for the size, rock type, decoration and inscription. It may also refer in some cases to alternative ways of marking graves.
1-k The term “life history archive” is hereby defined as a permanently maintained record of important events, achievements and facts about the life of the deceased. This information will be available to the general public unless otherwise specified. The family of the deceased will be able to store the equivalent of one text page of life history information as part of the purchase price of the burial /ashes scattering space. Additional space may be added for an additional fee.
1-l “GIS data base” refers to computerized mapping system that will contain all preserved data including, but not limited to, trail locations, interment locations, photographs, botanical information and any other site specific information of interest. The maps will be searchable by client name, and will be linked to life history archival information for a prescribed fee.
1-m The “Cemetery Manager”, “Care-taker”, “Cemetery Staff”, “Security Staff”, refer to individuals employed by Glen Forest Memorial Park for a number of activities including but not limited to the supervision of cemetery maintenance, enforcing of rules and regulations, and in assisting the public in finding interment sites and generally managing the facility.
1-n The term “register” shall mean the register to be kept by the Directors in terms of Section 2 of the Cemetery Act (Chapter 5:4).
SECTION 2: General Supervision of the Cemetery
2-a The Cemetery belongs to a private corporation, Matidoda Farms Limited trading as Glen Forest Preserve which reserves the right to supervise and regulate who visits the cemetery and when. The specific visitation policy is covered in depth in section 3 below. GFMP reserves the right to refuse the use of any of the cemetery facilities at any time to any person or persons whom the management may deem objectionable to the best interests of the cemetery. The Cemetery does, however, strictly adhere to the laws and regulations of the State of Zimbabwe.
2-b All funerals on reaching the cemetery, shall be subject to these rules and regulations and under the charge of an appointee of the management of the cemetery.
2-c The Directors of the GFMP may assign different sections of the cemetery for: -
i) Different monumental or horticultural treatment,
ii) The interment of deceased persons of different persuasions or as may be requested in writing and approved by the GFMPB
2-d Any person or company providing services, equipment, or merchandise within the boundaries of the cemetery will abide by the GFMPB’s directives as issued from time to time.
SECTION: 3 Visitation
3 Accommodating visitation is an absolutely essential function for the cemetery, but unlimited public access could destroy the very beauty the GFMPB wants to preserve. Visitors are reminded that the cemetery grounds are sacredly devoted to the interment of the deceased, and that strict observance of propriety will be required, whether specifically addressed in the rules or not.
The philosophy of the GFMPB’s is as follows:
i) The main and most enduring monument for the deceased is a healthy, thriving, peaceful landscape. Protection of this attribute is of paramount importance.
ii) Family visitation is of higher priority than general public visitation.
3) The quality of the visitation experience will be emphasized, will minimize visitor impact and maximize visitor experience.
4) Some areas of the parks, for example, the visitors centers, will be open to the general public. Total numbers of visitors will be limited if the general visitation exceeds the carrying capacity of the site. Determination of carrying capacity will rely on staff assessment.
5) All visitors will be expected to act in a respectful manner. Intoxicated visitors will be asked to leave. No profanity will be allowed.
6) No littering is allowed.
7) No signs or notices or advertisements of any kind will be allowed in the cemetery grounds, unless allowed by management.
8) No firearms will be permitted within the cemetery except on special permit from the manager, in conformity with the firearms regulations.
9) On some funeral days, the park may be closed to the public.
10) Visitors to the park not involved with ongoing interment services must be mindful of the feelings of the bereaved.
11) No after hours visitation is allowed unless specially arranged with the GFMP staff prior to the event.
12) The Cemetery Manager is herby empowered to enforce all Rules and Regulations and exclude from the cemetery premises any persons violating it. The Cemetery Manager or his representative shall have supervision and control of all persons in the cemetery, including the conduct of funerals.
13) The Management shall take such action as may be deemed necessary, though not expressly authorized in these rules, to protect the cemetery grounds, monumentation, and all other facilities from damage, also to preserve the peace and good order, and to prevent the molesting of anything within the confines of the grounds. All well disposed persons will confer a favor by informing the Management of any breach of these rules which come to their attention.
14) Trespassers will be prosecuted.
15) Vehicles wrongly parked will be towed away at the owner’s expense.
SECTION: 4 Records
4-a The records showing owner’s stand rights and exact grave locations in this preserve, will be kept by the cemetery management.
4-b The locations of all interment sites will be recorded by a system of recorded measurements from fixed and permanent landmarks. This information will be stored in a computer based Geographical Information System (GIS) map and will be accessible. Multiple copies of CDs will be kept in safe custody off site. If, in future, a more durable media is created, all information will be transferred to that media.
4-c As part of the purchase price of burial spaces, all families shall have the opportunity to store one text page of information in a computerised database linked to the GIS maps. All clients may choose to leave a record about their life’s accomplishments or information about their family or they may choose to leave a “message” for future generations. An additional, larger “multi-media” archive will also be available for a fee.
4-d In order to protect the privacy of clients and the sanctity of the remains of the deceased, clients will have the option of keeping additional records from general public view. In this case, no information will be available to anyone that cannot demonstrate some relationship to and authority from the client or the deceased.
SECTION 5: Cemetery Care and Maintenance
5-a The general objective of the Cemetery is to offer a unique burial option that creates a peaceful preserve, including visitor’s area and chapel, landscaped surroundings that will always be a beautiful, sacred memorial to the dead and a place that the living may enjoy and learn from. Hence this shall be held to mean all general work necessary to maintain the Cemetery’s buildings, life history archives and landscaped gardens. Ongoing maintenance is funded by the Maintenance Trust, which is derived from a percentage of the sales value of each stand.
5-b Buildings will be kept in an attractive and functional condition and all access routes within the park will be maintained.
SECTION: 6 Monuments and Grave Decorations
6-a The cemetery will be the most enduring and meaningful monument for our clients. The Park is also providing a system of record keeping that will indicate the exact location of the interment site
6-b Management is charged with protecting the cemetery’s aesthetics and as such it is necessary to regulate monuments and decorations.
6-c No person shall be allowed to erect any memorial work in the cemetery without the written consent of the cemetery management.
i) The application for monument type and decoration shall be referred to the cemetery management not less than fourteen days before it is intended to carry out the proposed work and shall be accompanied by: -
- A sketch plan showing the position, dimensions and general appearance of the proposed work.
- A specification of the material to be used.
- An application processing fee will be charged.
ii) No person shall erect any memorial work upon any grave except in a position approved by the Cemetery.
iii) Any material and stone type to be used in the memorial park must be approved by the management.
iv) Foundations of any memorial work shall be approved by the management.
6-c The Cemetery reserves the right to remove any unauthorized plantings, monumentation and decorations.
6-d The Cemetery reserves the right to refuse permission for a memorial to be placed in the cemetery if it is deemed that the inscription is unsuitable.
6-f All installations of monuments shall be done by Cemetery staff and/or approved sub-contactors for a fee.
SECTION 7: The Glen Forest Memorial Park Board
7-a The Board will be comprised of the directors of Matidoda Farms Limited t/a Glen Forest Preserve and other co-opted members.
7-b The Board will carry the responsibilities of including determining how to spend maintenance funds and conservation of the park and will help settle issues regarding visitation and recommend changes to the Rules and Regulations
7-c Meeting of the Board will occur at least every six months.
SECTION 8: Outside Contractors
8. The Glen Forest Memorial Park shall be indemnified in the following manner:
1) The outside contractor shall be responsible for all liability arising out of its employees and/or its employees’ work at the cemetery.
2) The contractor agrees to indemnify and hold harmless Glen Forest Memorial Par of any liabilities, including those of bodily injury, property damage or professional negligence which occurs due to actual or alleged charges in connection with the performance of and arising from the acts of the contractor, his employees, agents, sub-contractors, or general supervision by the cemetery, except for injury or damage resulting from the sole negligence of the cemetery.
SECTION 9: Burial Spaces
9-a Burial spaces may be sold as a single stand or as a combination of stands.
9-b The Memorial Park reserves a protectorate over each and every lot, grave and scattering area sold in said cemetery. That is, no grave shall be molested, marred or bodies interred or disinterred without the consent of the cemetery.
SECTION 10: Interments/Disinterments
10-a The term “right of interment” or “interment right” shall mean the right to enter remains of the deceased in the cemetery subject to the rules and regulations from time to time in effect for the governance of the cemetery. A right of interment is a license to interment in a specific location. All rights of interment in the cemetery are conveyed and shall be held subject to: -
(i) All applicable laws and governmental regulations,
(ii) The Articles of Incorporation of Matidoda Farms Limited t/a Glen Forest Preserve and other documents establishing Glen Forest Memorial Park,
(iii) All by-laws and rules and regulations adopted by the cemetery.
(iv) The Burial Rights Certificate being produced and endorsed before any burial is arranged.
10-b Besides being bound to these rules and regulations all interments, disinterments and removals are made subject to the orders and laws of the properly constituted authorities of the state.
i) No standard grave in the cemetery shall be opened or disturbed after the requisite two burials, i.e. one burial or two burials in the case of husband and wife.
ii) No body which has been buried in the cemetery shall be exhumed except: -
- With written permission of the cemetery and appropriate State authority and
- Upon payment of the appropriate fee.
10-c All disinterments and removals must be made at the time and in the manner designated and upon such charges as fixed by the Cemetery. The term “opening and closing” refers to the preparation for an interment and any work performed incidental thereto.
10-d The right, is reserved by the cemetery, to require at least 24-hour notice prior to any interment and at least seven days notice prior to any removal or disinterment. The cemetery requests that all Funeral homes notify the office of the cemetery at the earliest possible time in order to avoid any schedule conflicts. The cemetery reserves the right to limit the number of services, which it will handle at any one time.
10-e The cemetery reserves the right to refuse interment or the opening of any burial space in any plot except on written application by the stand holder or his successors on burial request forms available in the offices of the cemetery.
10-f When instructions regarding the location of an interment space in an area cannot be obtained or are indefinite or when for any reason, the interment space cannot be opened where specified, the Cemetery Manager may, in his discretion, open it in such a location in the general area as he deems fit so as not to delay the funeral and the cemetery shall not be liable in damages for any change so made.
10-g The cemetery shall not be held responsible for any order given by telephone or for any mistake occurring for the want of precise and proper instruction as to the location where interment is desired. Instructions must be reduced to writing and conform with the Rules and Regulations.
10-h The cemetery reserves and shall have the right to correct any errors that may be made by it either in making interments disinterments or removals or in the description transfer of any interment property either by canceling such transfer and substituting and transferring in lieu thereof other interment property of equal value and similar location as far as possible, by removal and interment to the correct location or as may be selected by the cemetery or, in the sole discretion of the cemetery, by re-funding the amount of money paid on account of said burial right. In the event such error shall involve the interment or the remains of any such person in such property, the cemetery reserves and shall have the right to remove and/ or transfer such remains so interred to such other property of equal value and may be substituted and transferred in lieu thereof.
SECTION: 11 Disinterment and Removal
11-a If a body is removed, the burial right cannot be re-sold; nor will money be refunded.
11-b Application for a removal permission must be signed by the deceased’s next of kin, and properly notarized prior to the time of removal and all removals must be conducted in accordance with state, local and Cemetery Rules and Regulations. The next of kin must also read and sign a statement that explains the difficulties and special problems associated with disinterring buried individuals.
11-c The opening of a grave after sealing in order for a second burial to take place will attract a fee as per the Schedule of Fees.
SECTION: 12 Service Charges and Delinquent Accounts
The charges for cemetery services must be paid or provided for prior to any interment, disinterment, or removal.
The Memorial Park shall apply a supervision levy, currently 12% of the total of the invoices of all funeral services providers permitted to operate in the park.
SECTION 13: Transfer or Assignments
13-a No transfer or assignment of any right of interment shall be valid without the prior consent, in writing, of the GFMP management first to be had and endorsed upon such transfer or assignments and thereafter being recorded on the books of the Cemetery. Transfers will be subject to administration fees. Transfers or assignments must be transacted through GFMP or its duly appointed agents.
13-b All transfers of ownership in burial rights will be subject to a management fee, which must be paid when transfer is made and recorded in the books of the Cemetery.
SECTION 14: Control of Work by the Cemetery
14-a All work of any kind performed in the Cemetery including but not limited to grading, landscape work, improvements of any kind, and all care of trails and plots shall be done and all management of vegetations and all openings or closing of graves shall be performed by the Cemetery or its officially designated subcontractors. Volunteer work or restoration can only occur with the specific permission of the Cemetery.
14-b The Cemetery shall have the right to manage vegetation on graves as it sees fit to meet the objectives of ecological restoration and public safety and the general ambience of the memorial park.
SECTION 15: Supervision of Services
All arrangements for any services on the grounds of the Cemetery must be under the control of the Cemetery Manager and his assistants.
SECTION 16: Gratuities
No person, while employed by the Cemetery shall receive a fee, gratuity, or commission except by the Cemetery, either directly or indirectly.
SECTION 17: Protection Against Loss
The Cemetery shall take reasonable precautions to clients and the property rights within the cemetery from loss or damage or temporary loss of use; but it distinctly disclaims all responsibility for same from causes beyond its reasonable control, and especially from damage caused by the elements, and acts of God, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority.
SECTION 18: Change of Address of Burial Rights Owner
It shall be the duty of the burial rights owner to notify the cemetery of any change in his/her contact address. Notice sent to a burial rights owner at the last address on file in the office of the Cemetery shall be considered sufficient and proper legal notification.
SECTION 19: Statement of Sales Agent
The instrument, conveying to a burial rights owner, the right of interment and the Rules and Regulations of the Cemetery, now in force or which may hereafter be adopted, shall be the sole agreement between the Glen Forest Memorial Park and the burial rights owner. The statement of any sales agent shall in no way bind the cemetery.
SECTION 20: Modifications and Amendments
20-a Special cases may arise in which the literal enforcement of the rules may impose unnecessary hardship. The cemetery, therefore reserves the right to make exceptions, suspensions or modifications in any of these rules and regulations, when in its judgment the same appears advisable. Such temporary exception, suspension or modification shall in no way be construed as affecting the general application or enforcement of this or any other rule.
20-b The Glen Forest Memorial Park may, and it hereby reserves the right at any time or times to adopt new rules and regulations or to amend, alter, these Rules and Regulations. However, in no way will these changes, if they occur, affect the core mission of creating and maintaining a functioning cemetery.
20-c All Rules and Regulations are for reference and guidance in carrying out and maintaining the high standards of the Park and the principles upon which the said Park was established. All rules, whether written or not shall, give full consideration to the client’s wishes when in the judgment of the GFMP Board, the same does not affect the beauty of the park, or the rights of other burial rights owners.
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