Utoy Cemetery Association, Inc.
Burial Procedures
and
Rules and Regulations
PHYSICAL ADDRESS:
Utoy Cemetery
1465 Cahaba Drive S.W.
Atlanta, GA 30311
MAILING ADDRESS:
Utoy Cemetery
P. O. Box 91267
East Point, GA 30364-1267
CHAIRMAN OF CEMETERY COMMITTEE:
Malcolm McDuffie
Home Phone: 770-925-4299
Page 1 of 20
Utoy Cemetery Association, Inc.
Burial Procedures
and
Rules and Regulations
Preface:
The Utoy Cemetery Association, Inc. has endeavored to safeguard the individual lot holders, as
well as the cemetery as a whole while compiling the rules contained herein.
All lot holders and visitors within the cemetery and all property assigned shall be subject to said
rules and regulations, as well as such other rules, amendments, or alterations that may from time
to time be adopted by the Utoy Cemetery Association, Inc.
We trust that every lot holder in the cemetery is interested in the enforcement of these rules, as
they are necessary to assure the proper management and development of a beautiful cemetery, as
well as the dignity that it deserves.
The cemetery is hallowed in our hearts and in our memories, and we trust that none will
intentionally violate any of its rules.
Table of Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Definitions
Designations of Use: Adoption of Rules and Regulations
Arranging a Burial
“Exclusive Right of Interment” in a Burial Plot
Second Ash Interments
Caskets
Casket Vault Requirements
Monuments (Headstones)
Monument Foundations and Veteran Grave Markers
Cremation Interments and Use of Grave Spaces
Certificate of “Exclusive Right of Interment” Transfer
Utoy Cemetery Association, Inc. Responsibilities
Parking
Utoy Cemetery Association, Inc. Policies
General Rules
Cemetery Care
Interments and Disinterments
Page 2 of 20
Utoy Cemetery Association, Inc.
Burial Procedures
and
Rules and Regulations
1.
Definitions - The following words, terms and phrases with capitalized initials, when used
in the Rules and Regulations and associated attachments, shall have the meanings ascribed to
them in this paragraph, except where the context clearly indicates a different meaning:
1.1.
Affidavit of Authority an affidavit, in form satisfactory to the Cemetery
Committee, signed by the Certificate Holder, attesting to the authority of the Certificate
Holder to submit a Memorial Application or cause a funeral director to submit a Funeral
Director's Grave Opening Order. An Affidavit of Authority shall be notarized and
acknowledged by a notary public, and shall accompany each Memorial Application and
Funeral Director's Grave Opening Order.
1.2.
Base or Monument Base the granite stone that forms part of a Monument, and is
installed on a Foundation and supports the Die.
1.3.
Board of Directors is the Board of Directors of the Utoy Cemetery Association,
Inc.
1.4.
Burial Application the form published by the Cemetery Committee from time to
time, which is to be completed and signed by the Monument Company and the
Certificate Holder, and by which the Certificate Holder requests permission from the
Cemetery Committee to perform Memorialization Work in a Lot with respect to which
the Certificate Holder has Burial Privileges.
1.5.
Burial Privileges the exclusive privilege, subject in every case to the Rules and
Regulations of the Cemetery, and applicable civil law, (i) to be Interred in a Lot, (ii) to
direct any Interments to be made in a Lot, (iii) to direct any disinterment of Remains
from the Lot, and (iv) to direct the Memorial for a Lot and its Memorialization.
1.6.
Casket Vault or Vault a device that is designed and intended to seal and
enclose a casket that is to be buried in a Grave. It also prevents the grave from caving in
while lawn equipment passes over the grave.
1.7.
Cemetery or Utoy Cemetery is under the direct supervision and control of the
Cemetery Committee and includes all of the grounds used for burials located at 1465
Cahaba Drive S.W., Atlanta, GA 30311.
1.8.
Cemetery Committee means the committee, appointed by the Utoy Cemetery
Association, Inc. Board of Directors, with a majority vote, and any duly appointed
successor office or entity. The Cemetery Committee is responsible for determining and
enforcing rules and regulations of the Utoy Cemetery, including burial procedures. The
Page 3 of 20
Cemetery Committee will serve a one year term, starting each January 1 st. Members of
the Cemetery Committee may be appointed for any number of successive terms by the
Board of Directors.
1.9.
Chairman of the Cemetery Committee, or Chairman, is the head of the
Cemetery Committee and is the person duly appointed by the Board of Directors to
manage and supervise the operations of the Cemetery for a one year term, starting each
January 1st, with a majority vote. The Chairman may be appointed for any number of
successive terms by the Board of Directors. The Chairman is responsible for calling and
running Cemetery Committee Meetings; reporting activities of the Committee to the
Board of Directors; presenting any proposed changes to the Rules and Regulations
and/or Burial Procedures to the Board of Directors; enforcing the approved Rules and
Regulations.
1.10.
Certificate Holder the Original Certificate Holder and the heirs or lawful and
proper assignees of the Original Certificate Holder, and any heirs or lawful assignees of
any subsequent Certificate Holder, provided that the transfer or assignment of any Burial
Privileges by any Certificate Holder shall be subject to the Rules and Regulations of the
Cemetery, and applicable civil law. When there is more than one heir or lawful assignee
of Burial Privileges, the term "Certificate Holder" shall mean and refer to all or each of
such lawful heirs or assignees, as the context may require.
1.11.
Contractors any person or entity that performs labor or other activities under a
contract with or at the direction or request of a Certificate Holder, including Monument
Companies and burial vault companies, and the employees and agents thereof.
1.12.
Die the granite stone that forms part of a Monument, and is installed on a Base.
1.13.
Endowed Care Fund the sum or sums deposited in the Association’s
endowment checking account by the Cemetery Committee in accordance with the
“Endowment Care Fund Rules and Regulations” Attachment _, and includes any interest
earned thereon, to be held and used by the Cemetery Committee solely for the care,
maintenance and preservation of the Cemetery.
1.14.
Exclusive Right of Interment Certificate the certificate, when validly issued by
the Cemetery Committee, that entitles the Certificate Holder to Burial Privileges in the
Lot designated on the Certificate.
1.15.
Family Lot a Lot that consists of two or more adjoining Graves, the Burial
Privileges for which are held by the same Certificate Holder.
1.16.
Flat Marker a Monument that consists of a single piece of granite, which is
designed so that the top of the Monument is flush or level with the grade and the sides of
the Monument are below grade.
1.17.
Foundation or Monument Foundation the concrete footing on which a
Monument is erected, and is designed to support the Monument.
Page 4 of 20
1.18.
Funeral Director's Grave Opening Order the form published by the
Cemetery Committee from time to time, which is to be completed and signed by the
funeral director and the Certificate Holder, and by which the Certificate Holder requests
permission from the Cemetery Committee for an Interment in a Lot with respect to
which the Certificate Holder has Burial Privileges.
1.19.
Government Marker or Veteran's Marker a Flat Marker supplied by the
United States Government to Memorialize the Grave of a veteran of the United States
Armed Forces.
1.20.
Grave or Grave Plot or Graves or Grave Plots a space or spaces within a Lot
used, or intended to be used, for the in-ground burial of Remains.
1.21.
Indemnified Parties the Utoy Cemetery Association, Inc, the Cemetery
Committee, and each of their officers, volunteers, and agents, and the respective heirs,
successors and assigns of each of the foregoing.
1.22.
Interment or Interments or Interred any interment of Remains in the
Cemetery, in an in-ground burial.
1.23.
Lot or Lots consists of one or more adjoining Graves, as designated on an
Exclusive Right of Interment Certificate.
1.24.
Memorial is a Monument on a Lot that is approved by the Cemetery Committee
and intended to identify the location of Remains Interred within a Lot.
1.25.
Memorial Application the form published by the Cemetery Committee from
time to time, which is to be completed and signed by the Monument Company and the
Certificate Holder, and by which the Certificate Holder requests permission from the
Cemetery Committee to perform Memorialization Work in a Lot with respect to which
the Certificate Holder has Burial Privileges.
1.26.
Memorialization or Memorialize or Memorialized any names, dates,
inscriptions, epitaphs, words, symbols, and depictions carved or engraved on a
Memorial.
1.27.
Memorialization Permit a permit, issued by Chairman of the Cemetery
Committee pursuant to an Memorial Application to authorize the requested
Memorialization Work, subject to the terms and conditions contained in the
Memorialization Permit.
1.28.
Memorialization Work includes (i) the installation, removal, replacement,
repair, cleaning or other maintenance of a Monument (ii) the act of carving or
engraving, or other Memorialization of a Monument, and (iii) the installation of a
Foundation.
1.29.
Monument a Memorial that is a Flat Marker, Slant Marker, or an Upright
Page 5 of 20
Monument.
1.30.
Monument Company or Monument Companies is/are any vendor, dealer,
supplier, or contractor who performs Memorialization Work.
1.31.
Original Certificate Holder is the individual or the husband and wife, whose
name or names appear on the Exclusive Right of Interment Certificate. If the Exclusive
Right of Interment Certificate is titled in the name of a husband and wife, then upon the
death of one spouse, the term Original Certificate Holder refers to the surviving spouse.
In no event shall the Original Certificate Holder consist of two or more individuals,
except in the case of a husband and wife.
1.32.
Outside Burial Container is a container that is designed and intended to be
placed in a Grave for the purpose of holding and protecting a casket, and includes those
containers commonly known as burial vaults, grave boxes and grave liners.
1.33.
Regular Business Hours are from 9:00 a.m. until 5 p.m. Monday through Friday,
except legal holidays, and Saturday 9 am until 12:00 noon. Telephone contact can be
made to Malcolm McDuffie’s home office in Lilburn, Georgia at: 770-925-4299.
1.34.
Remains are the physical remains of a deceased human being, including
cremated human remains.
1.35.
Sexton is responsible for coordinating all burial procedures and activities
between the Utoy Cemetery Association and the Funeral Director, executors/executrix
and family members of the deceased, and burial equipment and services suppliers/subcontractors, according to the rules and regulations, contained herein. The Sexton is
appointed by the Board of Directors for a one year term, starting each January 1 st, with a
majority vote. The Sexton may be appointed for any number of successive terms by the
Board of Directors.
1.36.
Slant Marker is a Monument that consists of either a single piece of granite with
a straight back and a slanted or sloped front, or a Base and slant cut Die.
1.37.
Specifications for Cemetery Monuments is the document published by the
Cemetery Committee titled “Utoy Cemetery Monument Installation Requirements,” as
the same may be revised from time to time.
1.38.
Upright Monument is a Monument that consists of a Base and upright Die.
1.39.
Urn is a container that is designed and intended to hold cremated Remains.
1.40.
Urn Burial Vault a device that is designed and intended to seal and enclose an
Urn that is to be buried in a Grave.
Page 6 of 20
1.41.
Utoy Cemetery Association, Inc. or Association is the non-profit limited
liability corporation responsible for the care and maintenance of the Utoy Cemetery.
The Association’s mailing address follows: Utoy Cemetery Association, Inc., P. O. Box
91267, East Point, GA 30364-1267.
1.42.
Working Days are Monday through Friday, except legal holidays.
.
2. Designations of Use: Adoption of Rules and Regulations - The Cemetery Committee may
designate the use and may adopt appropriate rules and regulations governing the Utoy
Cemetery and the general operation of the Utoy Cemetery, along with any service donations.
All rules and regulations must be approved by the Board of Directors. State law reference –
Cemetery Rules and Regulations; Service, O.C.G.A. § 10-14-16
3. Arranging a Burial
3.1. Family Contacts Funeral Director - It is the responsibility of the
family/executor/executrix of the deceased to choose a Funeral Director to arrange a
burial and/or service. The Funeral Director will then coordinate a meeting between the
Family and the Cemetery Committee Chairman (currently Malcolm McDuffie at home
phone: 770-925-4299), whose duty is to assign a burial plot.
3.1.1. Families, in conjunction with the Chairman of the Cemetery Committee (Malcolm
McDuffie at home telephone number: 770-925-4299), shall complete a “Burial
Application” (See Attachment “A”).
3.1.2. The Chairman will review the application for compliance with cemetery rules
and, if approved, coordinate the Burial Service with the Funeral Director and/or
Burial Service Vendor.
3.2. The Burial Maintenance Fee Donation payment in full is required in full before any
burial and/or funeral services can occur (See Para. 3.4, below).
3.3. Reservations - Reservations for all burial plots must be made to the Chairman of the Cemetery
Committee (Malcolm McDuffie at home telephone number: 770-925-4299)
3.4. Burial Maintenance Fee Donations and Payment 3.4.1. Burial maintenance fee donations to the Association are set at $1,500 per grave
plot. This is subject to change periodically.
3.4.2. At such time as the maintenance fee donation shall be submitted in full by the
procuring party to the Cemetery Committee Chairman, the Cemetery Committee
Chairman shall submit to the procuring party a dated receipt referencing the name of
the procuring party, location of the plot, the name of the party for which the plot
was procured, and the amount of the maintenance fee donation received by the
Cemetery Committee Chairman.
3.4.3. Only checks from Funeral Directors, or Certified Checks or Money Orders from
individuals are acceptable for payment of burial maintenance fee donations. Burial
maintenance donation fees must be paid in full, including those for multiple plots.
3.4.4. No installment plan is available.
Page 7 of 20
3.4.5. Payments for burial maintenance fee donations, including those for multiple plots,
shall be made payable to “Utoy Cemetery Association, Inc.” and shall be physically
presented to either the Chairman of the Cemetery Committee, or to Charles
Strickland, Treasurer, located at Southside Tax and Accounting Service, 2147 Main
St, East Point 30344. (Southside Tax and Accounting Service is located at the
intersection of Main Street and GA-166/Lakewood Freeway, in a small strip center,
behind the CITGO/Otter station).
3.4.6. Funeral Director’s checks, or Estate/individual’s certified checks or money orders
can also be mailed to: Utoy Cemetery Association, Inc., Attn: Treasurer, P. O. Box
91267, East Point, GA 30364-1267.
3.4.7. Burial Maintenance Fee Donations Payment is required in full before any
grave excavation, burial and/or or funeral services can occur.
3.5. If No Funeral Director - In circumstances where no Funeral Director is involved in
arranging Burial Service, the family/executor/executrix of the deceased should complete a
Burial Application (See Attachment “A”) and supply the deceased’s death certificate,
along with the Burial Application to the Chairman of the Cemetery Committee.
3.5.1. Families, in conjunction with the Chairman of the Cemetery Committee (Malcolm
McDuffie at home telephone number: 770-925-4299), shall complete a “Burial
Application” (See Attachment “A”).
3.5.2. The Chairman will review the application for compliance with cemetery rules
and, if approved, coordinate Burial Service with the Funeral Director and/or Burial
Service Vendor.
3.5.3. The Burial Maintenance Fee Donation payment is required in full before any
grave excavation, burial and/or funeral services can occur (See Para. 3.4,
above).
3.5.4. The Chairman will then contact a Burial Service provider on behalf of the
family/executor/executrix of the deceased.
3.6. Advance Notice of Burial/Service Schedule - A minimum notice of two (2) “Working
Days” is required before the required burial/service scheduled date. Where possible, the
Chairman of the Cemetery Committee should be notified as soon as possible of a
proposed burial service scheduled date and time.
3.7. After Hours and Public Holiday Donations - After hours and public holiday 2013
donations of $75 also apply for burials completed after 1pm on Saturdays, and for
burials on Sundays, or public holidays. After hours and public holiday donations are
subject to annual review and revision.
4. “Exclusive Right of Interment” in a Burial Plot
4.1. Utoy Cemetery plots are only allocated to descendants of :
4.1.1.1.1.
Individuals currently buried at the Utoy Cemetery, or
4.1.1.1.2.
Former members of the Utoy Primitive Baptist Church.
Page 8 of 20
4.1.1.1.3.
It is the responsibility of the family wishing to bury a family
member at Utoy Cemetery to provide the genealogical research
necessary to prove the deceased family member is actually a
descendant of ancestors listed in either Items 4.1.1 or 4.1.2, above.
4.2. Cemetery plots are only allocated “as required” and cannot be reserved in advance.
However, at the time of interment, only one adjoining plot can be reserved by the next of
kin at the Utoy Cemetery.
4.2.1. Single grave plots are 3’-2” wide and 8’-2” long.
4.2.2. Double grave plots are 6’-4” wide and 8’-2” long.
4.3. When a burial plot is allocated, an “Exclusive Right of Interment” in perpetuity is
granted. While there is no ownership of the actual land area, the burial maintenance fee
donation to the Association reserves the right of burial in the allocated plot.
4.3.1. An “Exclusive Right of Interment” Certificate grants Burial Privileges to the
Certificate Holder with respect to the burial plot designated on the “Exclusive Right
of Interment” Certificate, but does not convey to the Certificate Holder any estate,
title, easement, or other interest in a Cemetery or Grave Plot, or in any real estate.
4.4. When application is made for a plot allocation, the applicant is considered the official
‘”plot holder,” and a certificate of “Exclusive Right of Interment” Certificate is issued in
his/her name. The “plot holder” must then bury the recently deceased person in that
same grave plot, for which the grave plot was just assigned. No reassignments to
another individual are permitted for any grave plot assignment, except for the second
grave plot assignment to immediate family members (husband, wife, son, or daughter).
4.4.1. See below Item 11, ‘Certificate of “Exclusive Right of Interment” Transfer,’ for
the procedures and conditions permitting this reassignment.
4.5. If the donation for the plot “Exclusive Right of Interment” allocation has not been made,
the person who applies for the allocation, or the estate of the recently deceased person, is
liable for making the burial maintenance fee donation. Where more than one single plot
“Exclusive Right of Interment” allocation has been requested, burial maintenance fee
donations for both plot “Exclusive Right of Interment” allocations are required at the
time of reservation.
4.6. No grave excavation, funeral service or Monument can be erected until all
donations have been paid. Donations include the “Exclusive Right of Interment”
and all interment and monument donations.
4.7. The holder of the plot “Exclusive Right of Interment” may, with the consent of the
Chairman of the Cemetery Committee, transfer the plot “Exclusive Right of Interment”
rights to another person, or where the person is deceased, the State of Georgia estate and
inheritance laws will determine who has the right of interment. An application to vary
an existing right of interment should be applied for.
4.7.1. Heirs and Assigns. Upon the death of any “Exclusive Right of Interment” Certificate
Holder, the Burial Privileges held by such Certificate Holder shall be transferred to the
person or persons identified as the specific devisee of the Burial Privileges under the last
will of the Certificate Holder. If no such specific devisee has been made, then the Burial
Page 9 of 20
Privileges shall be transferred to the person or persons identified in the specific written
instructions of the Certificate Holder that have been placed on file by the Chairman of the
Cemetery Committee with the records of the Cemetery. If no such specific devisee or
written instructions have been provided by the Certificate Holder, then the Burial Privileges
shall be transferred to the heirs of the Certificate Holder in accordance with civil law.
4.7.2. Presumption of Authority. If there is more than one heir or lawful assignee of a
Certificate Holder, the Chairman of the Cemetery Committee shall be entitled to rely
upon the notarized Affidavit of Authority made by any one of such heirs or assignees to
authorize an Interment or Memorialization Work in or for the Burial Plot designated on the
“Exclusive Right of Interment” Certificate for which such Certificate Holder has Burial
Privileges.
4.8. “Exclusive Right of Interment” is allocated subject to conditions and terms as
determined by the Cemetery Committee. The exclusive right of burial shall lapse, if a
burial does not take place within 60 years of allocation.
4.9. No individual is permitted to resell an “Exclusive Right of Interment.”
5. Second Ash Interments
5.1. One or more cremated ash interments are allowed in a single burial plot, provided the
person who has been assigned the burial rights to the plot has given their permission.
The standard ash interment maintenance donation of $200 (2013) will be required for
each ash burial. The standard ash interment maintenance donation fee is subject to
annual review and revision.
6. Caskets
6.1. The family of the deceased will contact a Funeral Director to arrange for the purchase
and burial of caskets.
6.2. However, alternate suppliers of caskets, other than Funeral Directors, are permitted, and
the Funeral Director must accept this arrangement.
6.2.1. If an alternate casket supplier is used, the family must then make arrangements for
the selection, payment and timely delivery of the casket from the alternate casket
supplier to the Funeral Director.
6.2.2. It is highly recommended that the casket terms of sale is F.O.B-Destination, so
that the casket supplier is responsible for any in-transit damage to the casket.
Alternatively, the purchaser should consider purchasing insurance for the safe
delivery of the casket.
7. Casket Vault Requirements-Effective January 1, 2013, either a concrete box or vault (steel
or concrete) is required for burying a casket in Utoy Cemetery. The casket concrete box or
vault must be obtained from or through the Funeral Director.
8. Flat Markers
8.1. All Flat Markers shall have a uniform height (i.e. thickness) of four (4) inches.
8.2. Flat Markers on a single Grave Lot shall be twenty four (24) inches in length and twelve
(12) inches in width.
Page 10 of 20
8.3. The top of a Flat Marker shall have a polished or steeled finish. All other surfaces of a Flat
Marker shall have a diamond-sawed or equivalent finish.
8.4. Flat Markers on the back-center of a two-Grave Lot shall not exceed thirty six (36) inches in
length and twelve (12) inches in width.
8.5. Flat Markers on infant Graves or Graves for cremated Remains shall be eighteen (18) inches
in length and twelve (12) inches in width.
8.6. Flat Markers on margin Graves, where permitted, shall be twenty four (24) inches in length
and twelve (12) inches in width.
8.7. Flat Markers with vase attachments shall not be permitted.
9.
Slant Markers
9.1. Slant Markers are permitted in the Cemetery, provided that the size of the Slant Marker shall
be in accord with the space available on the Lot and consistent with the size of existing Slant
Markers in those sections, as determined by the Chairman of the Cemetery Committee.
10. Monuments (Headstones)
10.1.
Every newly interred person must have a Monument installed within one (1) year
from the date of interment.
10.2.
All Monuments must be made of either granite or marble. Examples of approved
Monuments are included in Attachment C2.
10.3.
Only upright Monument(s) are permitted.
10.4.
No markers are permitted on the ground at all.
10.5.
The Size of the monument shall not exceed:
10.5.1. 4 ft length
10.5.2. 8 in thick
10.5.3. 2 ft 2 in height
10.6.
The maximum size of the Monument Base shall not exceed:
10.6.1. 5 ft length
10.6.2. 1 ft 2 in width
10.6.3. 8 in thick
10.7.
The minimum size of the Monument shall not be less than:
10.7.1. 1 ft 6 in length
10.7.2. 6 in thick
10.7.3. 2 ft height
10.8.
Minimum size of Monument Base:
10.8.1. 2 ft 2 in length
Page 11 of 20
10.8.2. 1 ft width
10.8.3. 6 in thick
10.9.
The Monument Base must sit on a cement foundation.
10.10.
All lettering must be done on the upright monument.
10.11.
The family name should be on both sides (preferably).
10.12.
Any violation of these rules will be corrected at the violator's expense.
10.13.
The family of the deceased will contact a Funeral Director or Monument Vendor
to arrange for the purchase and installation of the Monument and Monument Base,
including the Monument Foundation installation (See Item 9, below).
10.13.1.
Families, in conjunction with the Chairman of the Cemetery Committee
(Malcolm McDuffie at home telephone number: 770-925-4299), shall complete a
“Memorial Application” (See Attachment “B”).
10.13.2.
The Chairman will review the application for compliance with cemetery
rules and, if approved, coordinate with the Funeral Director and/or Monument
Vendor the installation of same.
10.13.3.
The marker application processing donation fee of $25 is required for each
marker application processed.
10.14.
Families are responsible for the maintenance of a Monument, except to ensure
that it is in a safe condition. The Cemetery Committee's role is to ensure that any
Monument complies with regulations regarding size, type and installation.
10.15.
If any Monument is not installed in accordance with the Cemetery Committee
policy, or is not safe to visitors, or those working in the cemetery, it may be removed.
10.16.
The Cemetery Committee cannot accept any responsibility for the effects of
weathering, vandalism and intentional wilful damage to any Monument.
10.17.
Floral tributes are permitted only on the memorial strips. No permanent flowers
or shrubs are allowed, except as covered in Para. 18.5..
11. Monument Foundations and Veteran Grave Markers
11.1.
The Utoy Cemetery will not pour foundations for grave Monuments. However,
the Monument and Monument Base must be installed according to requirements
included in Attachment D.
11.2.
The Funeral Director or the Monument Vendor must make arrangements for the
Monument Base Foundation to be poured and cured, prior to arranging for the
installation of the Monument.
11.2.1. However, if the Monument Vendor also digs the Monument Base Foundation, and
immediately installs the Monument and the Monument Base using Dry Pack
Cement, then there is no need to schedule a second vendor, or make another
appointment to complete the installation.
11.3.
The Utoy Cemetery will not set out government markers. Placement of markers
may be handled through one of the local monument companies. The Utoy Cemetery is
Page 12 of 20
responsible for the location of the markers' placement. Please contact the Chairman of the
Cemetery Committee (Malcolm McDuffie at home telephone number: 770-925-4299).
11.3.1. The government markers and base must be installed according to requirements
included in Attachment D.
12. Cremation Interments and Use of Grave Spaces
12.1.
The family of the deceased will contact a Funeral Director or Ash Urn and Urn
Burial Vault vendor to arrange for the purchase of the Ash Urn and Urn Burial Vault
(See Attachment C2 for examples of approved Urn Burial Vaults).
12.1.1. Families, in conjunction with the Chairman of the Cemetery Committee (Malcolm
McDuffie at home telephone number: 770-925-4299), shall complete a “Memorial
Application” (See Attachment “B”).
12.1.2. The Chairman will review the application for compliance with cemetery rules
and, if approved, coordinate with the Funeral Director and/or Monument Vendor the
installation of same.
12.1.3. The marker application processing donation fee of $25 is required for each marker
application processed.
12.2.
Moreover, the Funeral Director or Burial Service Vendor will also have to
arrange for the excavation and installation of the ash vault.
12.3.
One traditional burial with a cremation on top is also allowed; in which case, the
cremated remains (cremains) are buried down to the top of the vault lid.
12.4.
The interment of cremation remains (or cremains) requires a smaller space than
that of a casket vault, and the family of the deceased often wishes to use only half of a
regular grave space. Therefore, two cremation interments are allowed in one grave space
(3' x 8'). Posthole diggers are used to dig the hole at a minimum of two feet, or down to
the top of an existing casket vault lid.
12.5.
See also Paragraphs 17.6 1nd 17.7, below.
13. Certificate of “Exclusive Right of Interment” Transfer13.1.
No cemetery plot may be transferred by the procuring party to another party,
without the consent of the Cemetery Committee.
13.2.
If an “Exclusive Right of Interment” holder wishes to transfer the “Exclusive
Right of Interment” to a third party, the Certificate of “Exclusive Right of Interment”
must be returned to the Chairman of Cemetery Committee
13.3.
The same descendant requirements contained in Item 4, above, apply to the
third party transferee.
13.4.
If all descendant requirements have been approved, then a $100 per grave transfer
donation fee (2013) is collected at this time.
13.4.1. Grave transfer donations are subject to annual review and revision.
13.5.
The Chairman will then void the old certificate, and a new certificate will be
issued to the new holder.
Page 13 of 20
13.5.1. All record changes will be made at this time.
13.6.
If such return represents a cancellation of the grave plot right of interment and is
made within one (1) year of assignment of the plot, a refund of one half (1/2) the original
maintenance fee donation will be available.
13.7.
After such time period, no refund of the original maintenance fee donation will be
available.
14. Utoy Cemetery Association, Inc. Responsibilities
14.1.
A burial order or burial warrant is issued by the Chairman of the Cemetery
Committee when the Utoy Cemetery Association, Inc. receives a Burial Application (See
Attachment “A”). If the burial involves interment in a plot already used or allocated,
authorization will be required from the holders(s) of the burial rights to the plot.
14.2.
No other person other than those appointed by, or given permission by the
Chairman of the Cemetery Committee, can dig any grave, or open the ground for burial,
in any part of the cemetery.
14.3.
The Utoy Cemetery Association, Inc, is responsible for the cemetery grounds,
facilities and gardens, and will attempt to keep them in a safe, clean and tidy condition.
However, the Utoy Cemetery is NOT a perpetual care cemetery, and current and
future upkeep is totally dependent upon cemetery volunteers, along with members
and “friends” dues and contributions paid to the Utoy Cemetery Association, Inc.
14.4.
law.
All burial rights herein are subject to the provisions specified in Georgia State
15. Parking - Parking for a funeral service will be limited to the hearse, the minister, immediate
family, up to a maximum of ten (10) vehicles within the bounds of the cemetery. All other
vehicles must park on Cahaba Drive, in front of the cemetery. No parking is allowed in the
adjoining church parking lot.
16. Utoy Cemetery Association, Inc. Policies
16.1.
CEMETERY GROUNDS ARE SACRED - Visitors are reminded that cemetery
grounds are considered sacred, and a strict observance of accepted decorum shall be
required at all times.
16.2.
EXCAVATIONS-No person shall excavate any earth in the cemetery, or remove
the same therefrom, except by the consent or under the direction of the Chairman of the
Cemetery Committee, or of some other officer legally authorized in the premises.
16.3.
DEPTH OF GRAVES-All graves in the cemetery over four and one-half (4 1/2)
feet in length shall not be less than five (5) feet deep. Graves on a steep incline subject to
erosion are required to be six (6) feet deep.
16.4.
NO MAUSOLEUMS ARE PERMITTED-No mausoleum shall be erected in
the cemetery.
16.5.
NO GROUND LEVEL, FLAT BRONZE GRAVE MARKERS
PERMITTED-No ground level, flat bronze grave markers are permitted in the
cemetery.
Page 14 of 20
16.6.
INTERMENT OF ADDITIONAL BODY IN GRAVE-No person shall open
any grave in the cemetery to enter therein any additional body.
16.7.
DISTURBING GRAVES; DISINTURMENTS
16.7.1. Where evidence of a grave exists, either in the records of the cemetery, or by
sounding, a rightful burial by permission of the plot “Exclusive Right of Interment”
holder shall be presumed, or the body shall not be moved. Removal may be allowed
only when proof is tendered that the person requesting removal is the next of kin
and has the right of removal. A copy of this proof must be tendered to the Chairman
of the Cemetery Committee at the time of removal with payment therefor, and the
Association will be supplied by the person requesting removal with a statement of
indemnity by the person releasing the Association from liability by the performance
of the removal.
16.7.2. No person shall exhume any human body in the Utoy Cemetery without a written
permit as required by law. State law reference – Disinterment of dead bodies,
O.C.G.A. § 32-21-42 et seq.
16.7.3. The opening of a grave in the Utoy Cemetery and the interring in the grave of an
additional body is forbidden.
16.7.4. It is unlawful for any person to interfere with the proper conduct of a funeral or
with the burying or exhuming of a body in Utoy Cemetery, without legal cause.
16.7.5. See also item 17, “Interments and Disinterments,” below.
16.8.
PERMISSION REQUIRED TO WORK ON PLOTS-No person, other than
Cemetery Committee members or volunteers, shall do any work of any kind on any plot
in the cemetery, which plot is allocated to any other person, without first notifying the
Chairman of the Cemetery Committee and presenting to him/her an order in writing
from the person holding the “Exclusive Right of Interment” Certificate, or agent of the
“Exclusive Right of Interment” Certificate holder, of the plot authorizing the bearer
thereof to do such work.
16.9.
INTERFERING WITH WALKS, DECORATIONS, OR GENERAL
ARRANGEMENT-No person shall perform any work in a cemetery in such manner as
to interfere with the walks, decorations or general arrangement of the cemetery, except
with the permission of the Chairman of the Cemetery Committee and under his/her
supervision.
16.10.
NOT TO BE USED AS PLAYGROUND-No person shall use any part of the
Utoy Cemetery as a playground.
16.11.
VEHICLES TO BE DRIVEN ONLY ON DRIVEWAYS OR ROADWAYSNo person shall drive any vehicle within the cemetery except upon the driveways
prepared and designated for that purpose, and such vehicles shall not be operated in
excess of 3 mph. Vehicles shall drive on the right side, and shall not drive or park off of
roads. Parking or leaving any vehicle on any road or driveway within the cemetery at
such location or in such position as to prevent any other car or vehicle from passing the
same is prohibited, and if so parked or left, the Utoy Cemetery Association, Inc. reserves
Page 15 of 20
the right to have the vehicle removed. In the event of injuries, the Utoy Cemetery
Association, Inc. is in no way liable.
16.12.
VISITORS WILL USE WALKS, PATHS AND ROADS PROVIDED – No
visitor should stray from the designated walks, paths or roadways, while visiting the
cemetery. In the event of injuries, the Utoy Cemetery Association, Inc. is in no way
liable.
16.13.
SALE OF MERCHANDISE OR FOOD PROHIBITED-Except for Board of
Directors approved fund raising event(s), no person is allowed to sell or offer for sale
any article of merchandise or any fruit, drink, or beverage, or any other thing of value
within the limits of the Utoy Cemetery. Approaching the bereaved for the purpose of
soliciting any business within the cemetery is recognized as not in good taste and
therefore is prohibited.
16.14.
DISPOSAL OF TRASH - Receptacles for waste materials are placed at
convenient locations throughout the cemetery. The placing or disposing of debris at any
other location is prohibited.
16.15.
NO DOGS ALLOWED IN THE UTOY CEMETERY
16.15.1.
No person shall walk any pet in the cemetery.
16.15.2.
It is the responsibility of any person bringing a pet into the cemetery to
clean up any matter excreted by the pet.
16.15.3.
This “no dog restriction” shall not apply to any guide dogs or domestic
animals specifically trained for the purpose of accompanying a totally blind or
partially blind person or a deaf person, or a service dog especially trained for the
purpose of accompanying a physically disabled person.
16.16.
DISTURBING GRAVES OR INJURING OR REMOVING CEMETERY
PROPERTY-It shall be unlawful for any person to destroy, mutilate, deface, injure or
remove any tomb, monument, gravestone or other structure or thing placed in the Utoy
Cemetery, or any fence, railing or other structure or thing placed in the Utoy Cemetery,
or any fence, railing or other work used for the protection or ornamentation of any
tomb, monument, gravestone or other structure, or for the ornamentation or protection
of the Utoy Cemetery, or to willfully destroy, cut, break, remove or injure any tree,
flower, shrub or plant that may have been planted or may be growing in the Utoy
Cemetery, or to commit any other trespass within the limits of the Utoy Cemetery. State
law reference – Criminal trespass, O.C.G.A. § 16-7-21.
17. General Rules 17.1.
Utoy Cemetery, a cemetery owned and operated by the Utoy Cemetery
Association, Inc., is not one of perpetual care and the Utoy Cemetery Association, Inc. is
under no obligation to maintain any set standard for its care and upkeep, although the
Utoy Cemetery Association, Inc. does provide for general maintenance and care of the
cemetery grounds.
17.2.
The cemetery is set apart for the exclusive burial of human remains and shall
forever be used as such only.
Page 16 of 20
17.3.
The Utoy Cemetery Association, Inc. is responsible for the administration of the
cemetery and for the enforcement of all rules, regulations, policies, and procedures
approved by Utoy Cemetery Association, Inc Board of Directors. The Utoy Cemetery
Sexton supervises all workers/volunteers within the boundaries of the cemetery and shall
have authority to cause the expulsion from the cemetery of any person who violates the
rules and regulations or whose conduct is considered contrary to the accepted decorum
of the cemetery.
17.4.
The Utoy Cemetery Association, Inc. shall not be held liable for errors or
damages, which may occur as a result of improper, or misinterpretation of, telephone
instructions from lot family members/descendants, their legal representatives, or funeral
directors acting on behalf of the family members/descendants, or heirs.
17.5.
The Utoy Cemetery Association, Inc. has the right, without prior approval of the
lot family members/descendants or his legal representative, to correct errors made in
good faith in any phase of cemetery administration, operation, or maintenance without
incurring liability of any kind whatsoever.
17.6.
The Utoy Cemetery Association, Inc. has the right to change, modify, or re-plat
any part of the cemetery not sold for burial purposes.
17.7.
The Utoy Cemetery Association, Inc. reserves the perpetual right of ingress (way
in) and egress (way out) over all lots.
17.8.
The Utoy Cemetery Association, Inc. shall take reasonable precaution to protect
space allocations and the burial rights of assignees within the cemetery. It disclaims all
responsibility for loss or damage caused by flooding, fire, windstorm, or other causes
deemed an Act of God, a common enemy, thieves, vandals, strikes, malicious mischief
makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of
any military or civil authority, whether the damage be direct or collateral.
17.9.
Utoy Cemetery Association, Inc. employees and/or volunteers are not permitted to
do any work for lot family members/descendants, except at the direction of the Sexton,
and are prohibited from receiving tips or gratuities.
17.10.
Cemetery gates are open daily from 7:00 a.m. to 6:00 p.m., unless otherwise
posted by the Sexton. The home office of Malcolm McDuffie is available from Monday
through Friday, 7:30 a.m. to 4:00 p.m. Telephone Number: 770-925-4299.
17.11.
Special cases may arise in which the literal enforcement of a rule may impose
unnecessary hardship. The Utoy Cemetery Association, Inc. reserves the right to make
exceptions, suspensions, or modifications of any of these rules and regulations without
notice when, in the judgment of the management, such action appears necessary. Any
such temporary exception, suspension, or modification shall in no way be construed as
affecting the general application of these rules and regulations, and shall not act as a
waiver of any of the provisions herein.
17.12.
The Utoy Cemetery Association, Inc. reserves the right to adopt new rules, amend
or suspend present rules and regulations herein, at any time, without notification to the
family members/descendants.
18. Cemetery Care Page 17 of 20
18.1.
The cemetery is not one of perpetual care; however, general care is assumed by
the Utoy Cemetery Association, Inc. and includes the cutting of grass, debris removal,
and periodic pruning of shrubs and trees. The Utoy Cemetery Association, Inc. is under
no obligation to maintain any set standard for care and upkeep of cemetery grounds.
18.2.
The cemetery is not responsible for the loss of any plantings or decorations by any
cause whatsoever, nor is the Utoy Cemetery Association, Inc. responsible for any
damage to memorials, which may occur by any cause whatsoever.
18.3.
Grave decorations of all kinds will be removed when in the judgment of the
Sexton they do not conform to the decorum of the cemetery.
18.4.
Holiday decorations are permitted for Easter and Christmas. Easter decorations
must be removed within fourteen (14) days after the holiday. Christmas decorations must
be removed within 30 days after the holiday. Decorations not removed by owner(s)
within the specified time shall be removed and disposed of by cemetery
personnel/volunteers. Should the plot holder wish to permanently plant any such
decoration (e.g. lilies, poinsettias), the Cemetery Committee designated contact must
give permission and such planting must occur within the specified time frame.
18.5.
The planting or placing of shrubbery, plants, flowers, or grass must be approved
by the Cemetery Committee designated contact. The encirclement of plants or shrubs
around a gravesite is prohibited, except on privately maintained lots, as is the placing of
trees. Should an owner wish to donate a tree or other plant material to be placed in a
walkway or parkway adjacent to his lot, arrangements must be made through the
Cemetery Committee designated contact.
18.6.
Those family members/descendants wishing to privately maintain their lots will
advise the Cemetery Committee designated contact of their arrangements, and all Utoy
Cemetery Association, Inc. maintenance to those lots will be terminated. The Utoy
Cemetery Association, Inc. retains the authority to intervene at any time to ensure that
the maintenance of all lots meets the standards as established by the management.
18.7.
The Utoy Cemetery Association, Inc. will perform all care, improvements, and
alteration work.
18.8.
The Utoy Cemetery Association, Inc. reserves the right to make any changes
deemed necessary as to grading, roads, utility lines and such similar work without notice
or approval of family members/descendants.
19. Interments and Disinterments –
19.1.
All interments, disinterments and removals are subject to the orders and laws of
the properly constituted authorities of the City of Atlanta, County of Fulton, and State of
Georgia.
19.2.
All earth interments shall be in a liner or vault of concrete or steel or other type
subsequently approved for use by the Utoy Cemetery Association, Inc.
19.3.
Charges for services rendered under this title are established by the Utoy
Cemetery Association, Inc., and are payable prior to the service to: Utoy Cemetery
Association, Inc., Charles Strickland, Treasurer, located at Southside Tax and
Accounting Service, 2147 Main St, East Point 30344. (Southside Tax and Accounting
Page 18 of 20
Service is located at the intersection of Main Street and GA-166/Lakewood Freeway, in
a small strip center, behind the CITGO/Otter station).
19.4.
Interments and disinterments are not permitted on Easter, Thanksgiving, or
Christmas Day.
19.5.
The Sexton must be given a minimum notice of two (2) “Working Days” during
“Regular Business Hours” before any interment. Seven (7) “Working Days” during
“Regular Business Hours” notice must be given for disinterment or removal.
19.6.
No more than the remains of one body can be interred in anyone space, except in
the case of a mother and stillborn child. However, with consent of the assignee or heirs
of the assignee, an exception can be made to permit no more than one regular interment
and one cremated remains (cremain) or two cremains in anyone space.
19.7.
All cremains must be interred and appropriate arrangements for such interment
scheduled with the Sexton. It is prohibited for cremains to be scattered in the cemetery,
or buried without the Utoy Cemetery Association, Inc.’s permission.
19.8.
In the absence of the assignee's “Exclusive Right of Interment” certificate, the
Utoy Cemetery Association, Inc. reserves the right to refuse to open any burial space and
to refuse interment.
19.9.
If, for any reason, an interment space in a specified location cannot be obtained,
the Sexton, to prevent a delay in the services, may provide one in a location he deems
best and proper. The Utoy Cemetery Association, Inc. shall not be held liable in any way
as a result of such action.
19.10.
The Utoy Cemetery Association, Inc. shall not be liable for any delay in interment
where protest by the legal representatives or heirs have been made, or where rules and
regulations have not been complied with. Remains are the responsibility of the
decedent's family, heirs, or executor until properly interred. Should any legal process or
question prohibit the Utoy Cemetery Association, Inc. from interring any person, it shall
be the responsibility of the family, heirs, or executor to store such remains until the
protest is resolved. In the event the Utoy Cemetery Association, Inc. incurs any costs due
to any such protest, it shall be the responsibility of the family, heirs, executor, etc. to
reimburse the Utoy Cemetery Association, Inc. for any such expenses.
19.11.
The Utoy Cemetery Association, Inc. is not liable for the interment permit, or for
the identity of the remains brought for interment, nor for the embalming of the body.
19.12.
Caskets containing remains, once interred, will not be opened or removed without
the written consent of legal representatives of the deceased and/or an order from a court
of competent jurisdiction. The Utoy Cemetery Association, Inc. shall not be liable for
any damages that may result from a removal.
19.13.
Funeral processions entering the cemetery shall be under the control of the
cemetery Sexton. Funeral directors shall be present and conduct services as provided by
existing State laws and City ordinances.
Attachments:
A. Burial Application
Page 19 of 20
B. Memorial Application
C1.Examples of Approved Monuments
C2. Examples of Approved Burial Vaults and Urn Burial Vaults
D. Monument Installation Requirements
E. “Exclusive Right of Interment” Agreement
F. Application to Vary An Existing “Exclusive Right of Interment”
G. Burial Warrant
H. Maintenance Donation Fee Schedule
I. Sexton Burial Processes and Procedures
J. Approved Vendors
Page 20 of 20