Rules & Regulations

The Virden Cemetery Association is a non-profit corporation composed of the living owners of grave spaces. The cemetery is managed by a Board of Trustees appointed by the Macoupin County Board.

The income derived from the sale of grave spaces, care of graves, endowments, fees, etc. after the cost of maintenance is invested to provide for future needs and holdings.

It shall be the responsibility of the Trustees and employees to comply with laws and regulations as set up by the State of Illinois, in maintaining Cemetery property.

It is the desire of the Association to make the Cemetery a quiet, beautiful resting place for the dead where a sense of repose will be obtained by dignified landscape effects on a well maintained lawn. To secure these effects, the Association has spent and will continue to expend considerable sums of money, but to preserve these effects will require the cooperation of every lot owner. Everything which would mar the general beauty and harmony of the Cemetery must be avoided. Peace and good order must prevail and the sacredness of the place be maintained at all times. It is to this end that these rules and regulations have been made effective.

1) Purchase of Lots: Persons desiring to purchase a lot in the Cemetery are referred to the Cemetery Sexton. The Sexton will have available suitable plats showing size and price of lots and such other information as may be required and will be pleased to render assistance to those desiring to make lot purchases. Upon having made a lot selection, the Sexton will present a written contract to the consumer for approval and signature. This contract will include but not limited to the following information; name, address of consumer, date-location-cost of lot/s desired and a list of the cemetery interment rights that may be used by the heirs if the owner is deceased. All this information will be presented to the Secretary of the Association, where the lot sale will be completed and the deed issued.

2) Ownership and Title of Lots: The terms ‘Lot Owner’ or ‘Ownership’ shall be construed to mean the right to use a lot which may consist of one or more grave spaces, as purchased from the Association for a consideration, for burial purposes only and under the rules and regulations as prescribed by the Association for such use.

Upon full payment of the purchase price of a lot the Association will issue a Cemetery deed under its seal, deed will be recorded in the records of the Association as evidence of ownership of the lot.

All burial rights in cemetery lots purchased from the Association occupy the same position as real estate at the death of the owner. Only such persons as names appear on the Cemetery records of the Association will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by will, a certified copy of the will must be delivered to the Secretary before the Association will recognize the change in ownership. If the deceased lot owner left no will, a certified copy of the proof of heirship made in the Circuit Court of Macoupin County, Illinois, must be presented. Lot owners in making their will should include the cemetery lot and will it to one person.

The title to a cemetery lot invests in the owner the right to use said lot for burial purposes only, for themselves, their heirs, or for any such persons as they may choose to admit, provided such admission is in accordance with the Cemetery Rules and Regulations. A signed notary document on file with the Cemetery office is required.

3) Care of Lots: All cemetery lots now being sold by the Association are provided with perpetual or endowed care. A resolution adopted by the Board of Trustees provides that all lot sales shall be made with perpetual or endowed care.

The term ‘Perpetual or Endowed Care’ shall be construed to mean the obligation which the Association assumes each year to expend the net annual income from the perpetual or endowed care for furnishing such care as mowing grass, raking and cleaning lot and adjacent alleys, filling of sunken graves and in the care of avenues, alleys, fences, buildings and grounds in general where the income is sufficient;. It is understood that such expenditures shall be made at the discretion and under the direction of the trustees of the Association and that the Association shall not be bound to make any separate investment of the sum of money set aside for these purposes. The care and up-keep of the stones, memorials, head and/or foot stones are the responsibility of the owner and their heirs. The Association will remove any these markers if they become safety hazards.

4) Privileges and Restrictions: The Association shall have the sole and exclusive authority, with respect to the planting, sodding, surveying and improvements within the cemetery. All improvements or alteration of individual property in the cemetery shall be under the direction of and subject to the consent, satisfaction and approval of the Association; and, should they be made without its consent, the Association shall have the right to remove, alter or change such improvements or alterations at the expense of the lot owner, at any time.

No rock around graves is permitted, no hedges, fences or enclosures of any kind will be permitted. Wooden boxes, wreaths, glass jars, bottles, straw or paper flowers, toys, cans, solar lights and other objects will not be permitted and when used will be removed by the Association without notice.

Shepherd hooks which have not been used will be removed at the desecration of the Association.

All landscaping, care of lots, and other work in the Cemetery will be done by the Association.

The Cemetery reserves the right for its workmen and those persons necessary to the performance of normal cemetery operation to enter upon or cross over any lots in the Cemetery in the performance of such duties.

The Association or its employees assume no liability for damage, actual or mental anguish, in the performance of it normal operations, or loss by vandalism or other acts beyond its reasonable control.

The Association reserves the right to remove from any lot anything that it deems unsightly, or which in any way conflicts with the Rules and Regulations, or general beauty of the cemetery.

5) Rules for Visitors: The Cemetery will be open to visitors at all times between the hours of 8:00 a.m. and sunset.

Children under fourteen years of age will be permitted only when accompanied by parents or guardian.

Persons or picnic parties with refreshments will not be permitted. Dogs will not be allowed in the Cemetery.

Firearms will be allowed in the Cemetery only at Military funerals.

Visitors are required to use the walks and drives and are forbidden to trespass on cemetery lots, pick flowers, injure any shrub, tree or plant, mar or deface any monument, stone or structure in the Cemetery.

NO persons, other than the duly authorized employees of the cemetery, shall be allowed to perform any work such as grading, landscape work or improvement of any kind. All care on lots, trees, shrubs, ground cover shall be done by authorized personnel ONLY.

6) Interments: All openings and closings, all interments and removals, and every aspect of the disposition of human remains shall be done by the management, exclusively.

All locating of memorial sites, all determination of size and digging of foundations, all pouring of foundations, and all aspects of preparing foundations for memorializations shall be done by the cemetery, exclusively.

All interments in lots shall be restricted to members of the family. Permission in writing from a lot owner must accompany all requests for permission to bury persons not members of the immediate family. Such permission shall not be for remuneration.

All graves shall be dug by the Association under the direction of the Sexton. Graves must be not less than 5.5 feet deep.

A charge for opening, closing , sodding and seeding of the mound will be made as provided herein, with charges paid in advance of interment.

No burials will be permitted until a legal burial permit has been presented to the Sexton.

The lot owner or funeral director shall designate the location of the grave on the lot to the Sexton and any change of location made after the opening of the grave has begun shall be at the expense of the lot owner. The Cemetery Sexton shall be given twenty-four hours notice in summer and thirty-six hours notice in winter when the ground is frozen, for the opening and preparation of the grave prior to interment.

The interment of two bodies in one grave will not be allowed, exceptions (Parent & Infant; Twin children; Two children all three of these cases would be buried at same time – Other exception One body and One Ashes could be buried in same grave at separate times or same time) Two bodies cremated (in one urn or separate-separate times or same time); with a separate fee being charged for each right of interment.

Disclosure of all persons in casket is mandatory and must be approved by management for record keeping.

No interment of any body other than that of a human being will be permitted.

Scattering of cremated remains is prohibited both on common cemetery property and on grave spaces/lots where interment rights are owned. All cremated remains are to be interred in retrievable containers, with complete cemetery records afforded for each inurnment.

As soon as flowers, wreaths, emblems, etc. used at funerals, or placed on graves at other time, become unsightly and faded, they will be removed and no responsibility for their protection or maintenance is assumed.

No interments will be allowed on Sundays and the following Holidays: New Years-Easter-Memorial Day-4th of July-Labor Day-Thanksgiving-Christmas.

When any holiday falls, or is observed, on a Saturday or Monday, arrangements for an interment must be provided by the last weekday preceding the holiday.

No pets shall be interred in the cemetery, either alone or with human remains.

All cremated remains to be inurned in the cemetery shall be placed in a sealed, retrievable container of a type, quality and construction approved by the management. The use of paper, cardboard, or other similar biodegradable materials shall not be permitted.

7) Change of Address: It shall be the duty of the lot owner to notify the management of any change in post office address. Notice sent to a lot owner at the last address on file in the office of the cemetery shall be considered sufficient and proper legal notification.

8) Removals: Removal of bodies from graves in the Cemetery will only be made by the Association in accordance with the requirements of the statutes of the State and the rules of the State Board of Health. Charges made by the Association for removal will be made in accordance with the difficulty of the work and are payable in advance.

9) Stone or Monumental Work: All stone and monumental work shall be subject to the following requirements and regulations:

Section E4-Stones shall be limited to 8” in height.

No head or foot stone over fifteen inches in height or at least 4 inches in thickness is permitted. A stone over 15 inches in height is considered a monument. No stones are to be set in a socket or with a dowel. Either a head or foot stone may be used, but not both.

Decorations in Section F4 must be displayed in vases on stone or on cement pads in front or to sides of stone. No Shepherd Hooks allowed.

Materials for the erection of monuments, vaults or other structures will be placed in a spot designated by the Association and may remain no longer than the time necessary for construction. Base stones must be squared on the side in contact with the foundation. Said foundation must be 4 inches longer and 4 inches wider than the stone to be set thereon and must be level with the surrounding grade and must extend not less than 35 inches below grade. Said foundation shall be constructed by employees of the Association.

Stone and marble work must comply with the rules and regulations and be accepted by the Association before erection. All markers, monuments and portions of vaults above ground shall be constructed of stone or bronze.

All workmen employed in the construction or erection of monuments, markers, etc. are subject to control and direction of the Association and any person failing to conform to this rule will not again be permitted to work in the Cemetery.

Heavy loads will not be permitted to enter the Cemetery unless the drives are in condition to sustain them, and contractors and workmen will be held responsible for damage to drives, walks or surrounding areas.

10) Trees, Shrubs and Flowers: All landscaping in the Cemetery will be done by the Association.

No decorative rocks allowed. No ground decorations, with the following exceptions: Winter: November 15 – March 1
Memorial Day: May 15 – June 15

No person will be permitted to trim, prune or remove branches from any tree or ornamental shrub in the Cemetery whether on his lot or not. All work of pruning or trimming trees and shrubs shall be done by the Sexton or under his direction.

11) Fees, Charges and Payments: The payment of all fees and charges shall be made at the office of the Association, where receipts will be issued for all amounts paid.

a) Opening Graves. Charges will be made by the Association for opening all graves, this charge includes the opening of the grave, removal of excess material, refilling and sodding.

b) If Ashes are buried at same time as a casket OR if two persons which are interred as ashes are buried in same container it is mandatory that this is disclosed and fees will be assessed accordingly. Disclosure is necessary for record keeping.

c) Removals. Charges for opening graves to permit removal will be made in accordance with the difficulty of the work are payable in advance.

d) Purchase of Graves: Full payment is expected at time of purchase or within 60 days. If default on payment, that paid is non-refundable.

12) Certain Rules and Regulations: Funeral directors shall make settlement for cemetery fees and collections made by them not later than 30 days after interment.

The Sexton of the ground is empowered as a special police to arrest any person violating any of the rules of the Cemetery.

Any person discovered on the grounds after dark may be arrested and fined for trespassing.

Vehicles shall not be driven through the grounds of the cemetery at a speed greater than twenty (20) miles per hour, and must be kept on the right hand side of the cemetery roadway. Vehicles are not allowed to park or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral. Vehicles are prohibited on common cemetery green property and on all walks.

No unlicensed vehicles are permitted in the cemetery, unless owned by the cemetery and operated in performing the duties of the cemetery, without written authorization of the management.

The gates may be opened or closed to vehicular traffic at the discretion of the Sexton and Association.

13) Laws: In addition to being subject to these Rules and Regulations, all burials and removals are made subject to the orders and laws of the properly constituted authorities of the city, county and state.

14) Liability: The cemetery shall not be liable for damage to any casket, burial case, or urn occurring during the removal thereof.

Cemetery Memorial Regulations

Appropriate Materials

All monuments, markers and vases must be made of first grade granite or bronze.

Cemetery — Not Responsible

The management takes reasonable precaution to protect lot owners, and the property rights of lot owners within the cemetery, from loss or damage; but the cemetery distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, acts of God, a common enemy, thieves, vandals, strikers, malicious mischief makers, riots, or orders of any military or civil authority, whether the damage be direct or collateral (other than as herein provided.)

Craftsmanship — Bronze

Memorials shall be free from scale, sand holes, pits, pinholes and other imperfections, which mark the appearance of or impair the usefulness and stability of the finished memorial tablet. All ornaments, letters and background shall be clean and sharp and all edges true and accurate to the standard dimensions defined herein. Ornaments and letters must be handchased, tooled and burnished appropriately for a memorial tablet.

Design and Finish

1) Memorial dealers shall be required to furnish the management for approval a blue print or sketch of the proposed memorial, specifying size, location on lot, inscription, quality of stone, and the name of the producer furnishing said stone.

2) Management shall have authority to reject any plan or design for any memorial which, on account of size, design, inscription, kin or quality of stone is (in the opinion of the management) unsuited to the lot on which it is to be placed.

3) The management reserves the right to stop all work of any nature, whenever, in its opinion, property preparations therefore have not been made; or when tools and machinery are insufficient or defective; or when work is being executed in such a manner as to threaten life or property; or when the monument dealer has been guilty of misrepresentation; or when any reasonable request on the part of the management is disregarded; or when work is not being executed according to specifications; or when any person employed on the work site violates any rule of the cemetery.

4) The completed work is subject to the approval of the management, and, if unsatisfactory, may be removed.

5) The name or inscription on each marker must correspond with the name and record in the office of the cemetery, and no changes shall be made thereon except upon request of the proper parties and by permission of the cemetery.

6) Duplication of the design of any memorial shall not be permitted in a location sufficiently near to the original that the duplication is readily noticeable without the written consent of the person(s) with legal authority and the expressed consent of the management of the cemetery.

7) No memorial showing drill or tool marks, or staining from removal of rubber mat used for sand engraving, shall be considered as first grade workmanship.

8) Dealer’s names shall not appear on any marker.

Materials

1) No lot owner shall erect or place, or cause to be erected or placed, on any lot in the cemetery, any memorial until it is first approved by the management, and all charges related to the lot have been paid.

2) The bottom beds of all bases and markers must be cut level and true, and the sides of all bases shall not be polished.

3) While the cemetery will exercise all possible care to protect raised lettering, carving or ornaments on any memorial, or other structure, or any lot, it disclaims responsibility for any damage or injury thereto.

4) No coping, curbing, fencing, hedging, borders, or enclosures of any kind shall be allowed around any lot or memorial; and no rock, bark or like material shall be allowed around any memorial, monument, marker; and no walks of brick, cinders, tile, stone, marble, terra-cotta, sand, cement, gravel or wood shall be allowed on any lot. The management reserves the right to remove the same if so erected, planted and placed.

5) No adornments shall be used as memorials or added to memorials that are breakable, such as glass, ceramics, terra cotta, resin, etc.

6) Monuments shall not be secured to bases as this enhances the possibility of damaging the monuments.

7) No memorial benches are allowed unless placed by the Association.

Revised: 2013