MADBURY MEMORIAL PARK

The following Rules and Regulations were accepted by the Madbury Board of Selectmen on November 1, 1993. The Selectmen shall be the governing body of the Park. They shall appoint the Park Superintendent and the Cemetery Committee, who shall be governed by these by-laws, rules and regulations and the amendments thereof. Any additional information concerning the Madbury Memorial Park is available at the Madbury Town Office, 13 Town Hall Road, Madbury, NH 03823 (603) 742-5131.

SECTION 1:  PURPOSE AND INTENT

For the mutual protection of lot owners and the Memorial Park as a whole, the following rules and regulations are hereby established for Madbury Memorial Park. All persons visiting the Cemetery and Memorial Garden will be expected to abide by such rules and regulations as herein enacted and as hereafter amended, which are intended to assist in maintaining this Park as a peaceful and attractive area as well as a reverent symbol of respect for the deceased.

SECTION 2:  GENERAL RULES

Madbury Memorial Park will be closed from 8 PM to 8 AM unless otherwise arranged with the Park Superintendent.

The only vehicles allowed in Madbury Memorial Park are those strictly there for cemetery related reasons. No motorcycles, bicycles, mini bikes, snowmobiles, all terrain vehicles, or other recreational vehicles will be allowed in the Park. No trucks or heavy vehicles will be permitted in the Park except with the permission of the Park Superintendent.

No children allowed in the Park unless accompanied by adults. No dogs or horses will be permitted in the Park at any time.

Those walking through the Park must use paths, alleys, and avenues for this purpose. No person shall walk upon or across lots or lawns unless it is necessary to gain access to a particular lot. The Park expressly disclaims responsibility for loss or damage to property or injury sustained by any person.

It is forbidden to enter on any lot (other than their own), disturb anything including monuments, plants or flowers, and to carry away anything from any lot, except with the permission of the lot owners. (RSA 635)

With exception of Military Escorts, the carrying or discharge of firearms within the Park is prohibited. The carrying or discharge of other weapons, such as bows and arrows, air or pellet guns, slingshots, or the hurling of rocks or stones is also prohibited within the Park.

SECTION 3:  TITLE TO PARK PROPERTY AND BURIAL LOTS

Title in and to the land and premises set apart as a cemetery and known as Madbury Town Cemetery is now and shall at all times be vested in the Town of Madbury, notwithstanding any lot license heretofore or hereafter granted, and notwithstanding any other provisions of these by laws.

The Town of Madbury may issue a Burial Lot License to any person for burial of self, family, relatives or friends, to be used and occupied as a cemetery lot and for no other use or purpose whatever. The Town reserves the right to limit the use of the Madbury Town Cemetery to residents and residents’ families only.

No interment shall be permitted in any lot until satisfactory financial arrangements have been made for said lot.

No monument or marker shall be erected on any lot until full payment of the charge for the lot has been made.

All purchases of Burial Lot Licenses are made through the Park Superintendent. The license-holder of the lot upon which no burial has been made or monument erected, may return the same to the Town of Madbury, and receive thereof the amount paid for said license.

The transfer of a lot license by the holder may be made to any person, provided such transfer is approved by the Park Superintendent and is recorded in the books of the Madbury Town Cemetery and the Town of Madbury, and consent of the Town must be endorsed on said license or transfer. The Town shall fix a charge for all transfers of ownership of lot licenses.

SECTION 4:  CARE OF LOTS

Perpetual care is provided for all lots and includes the cutting of grass and maintenance of the grounds. It is intended that the general preservation of the lots and grounds shall remain and be reasonably cared for as a cemetery grounds forever.

All Perpetual Care funds held by the Town of Madbury will be invested by the Town of Madbury as provided by law to be expended only as provided by the Trust. In no way shall the management obligate itself to expend, for such lot care, a sum in excess of the income from each perpetual care fund. In no case shall it mean the maintenance, repair, or replacement of any memorial, tomb or mausoleum erected or placed upon a lot, nor the performing of any special or unusual work.

SECTION 5:  INTERMENTS

Arrangements for interments must be made a minimum of twenty- four hours in advance with the Park Superintendent. The Park will be open for interments from 8:00 AM to 3:00 PM.

Directions for interment must be given and satisfactory financial arrangements made with the Park Superintendent prior to interment. Fees for interment are given upon request by calling the Park Superintendent. These fees include opening and closing of grave, and related maintenance charges. The Park shall not be responsible for errors in information, instructions or directions concerning location in a lot.

Allowance of winter interments or disinterments will be determined by the Park Superintendent

All graves must be lined with a vault or box of permanent material.

The person giving the order for the grave will be expected to sign an order of interment before burial. No interment can be made unless accompanied by a proper Burial-Transit permit.

No interment of two or more bodies shall be made in one grave, except in the case of mother and child, or two infants buried in one casket simultaneously. Further variations may be made in the case of cremation with no more than four family cremations in one grave subject to the regulations for markers and monuments.

No disinterment or removal of the remains of any body will be permitted except (a) with the written consent of the lot owner or a member of the family and (b) with the permit required by the laws of the State of New Hampshire. A seven day notice is required for disinterment or removal.

The Madbury Town Cemetery is for human burials only.

SECTION 6:  MONUMENTS

The Park Superintendent of the Madbury Town Cemetery has no desire to interfere with the individual tastes of the lot owners in the selection and erection of monuments. However, the right is reserved to forbid or remove any monument deemed objectionable by the Park Superintendent. To this end it is required that plans for all monuments and markers be submitted to the Park Superintendent for approval prior to contracting for them.

No monument may be erected upon any lot until the person is in possession of his Burial Lot License. Only one marker per grave or cremains and one monument per licensed lot is allowed. All grave markers shall be set level with the surface of the turf, neither extending above nor set below such turf. Only one monument extending above the ground and placed in the designated area of the lot will be permitted.

All monuments are required to have a foundation. Arrangements must be made through the Park Superintendent two weeks in advance of the day the stone work is to be set. Foundations for monuments shall be 4 inches longer and 4 inches wider than the monument to rest on it. All Monument foundations shall be no less than 4 feet in depth and shall not extend above the turf. Foundations must be paid for when ordered.

Placement of markers are subject to the Park Superintendent’s approval

No monument or marker shall be constructed of any material other than cut marble, granite, natural stone, or real bronze. A monument or marker shall not exceed a base size, from side to side, of 60% of the width of the licensed lot.

All monuments must provide a space for placing of flowers and urns. No flowers or urns will be placed directly on the ground.

Any work done by a monument company is the financial responsibility of the lot owner. Work must meet standards as directed by the Park Superintendent. On all stone work the turf must be thoroughly protected from damage.

No curbing, corner stones, fencing or enclosures of any kind are allowed.

SECTION 7:  TREES, PLANTS, SHRUBS & FLOWERS

All planting of trees and shrubs must have the approval of the Park Superintendent. The planting of trees, flowering plants and shrubs are limited to designated areas within the Park. No permanent. plantings will be allowed on individual lots. Any pre-approved planting of trees and shrubs will be under the direction of the Park Superintendent.

Flowers, wreaths, baskets, etc., left on lots will be removed by Park workers after they fade or become unsightly. All flowers and urns must be placed on the base of the monument.

No glass jars, unsightly metal receptacles, or breakable flower containers shall be placed on lots. True floral containers, urns and baskets are recommended. No artificial adornments shall be planted or placed on lots. No boxes, shells, toys, ornaments, chairs, settees or similar unauthorized items will be permitted upon the lots.

The Park will not be responsible for loss or damages to urns, floral pieces, baskets, or frames.

The intent of the Memorial Park is to create an attractive expanse of park grounds planted with appropriate shrubs and trees. Authorities will undertake to maintain, as may be practical, the planting of trees and shrubs to preserve the Park landscape features.

SECTION 8:  ENFORCEMENT

The Park Superintendent and Cemetery Committee are hereby empowered to enforce the foregoing Rules and Regulations and to exclude from the Park any person violating such rules and regulations . They shall have charge of the grounds and buildings within the Park and shall have control of all persons visiting the Park.

Fines and penalties for violations of Park rules and regulations may be assessed by the Madbury Board of Selectmen. In cases of vandalism or destruction, persons apprehended will be liable to pay for the extent of the damages.

SECTION 9:  FEES & CHARGES