Rules & Regulations

FOREWARD

The Evergreen Cemetery Association was organized in 1910 as a non-profit corporation by a number of persons who had family and loved ones resting in Evergreen and who desired to purchase Evergreen Cemetery from a privately owned corporation which started the cemetery in 1880.

In 1914 Evergreen acquired Woodlawn Cemetery, which is now a contiguous part of Evergreen.

In 1976 Evergreen acquired St. Mary’s Catholic Cemetery from the Catholic Diocese of St. Augustine.  St. Mary’s will be reserved for the exclusive use of members of the Roman Catholic faith, and memorials therein shall be required to display at least one Roman Catholic emblem.  Otherwise, St. Mary’s will be operated as another section of Evergreen.

In 2012 the following Mission Statement was adopted to codify the 130-year-old philosophy that has driven Evergreen from day one:

EVERGREEN CEMETERY MISSION STATEMENT

“To provide a peaceful, caring place of remembrance that protects the past, honors the present and embraces the future.”

In order to accomplish this mission, The Evergreen Cemetery Association has compiled these Rules and Regulations to safeguard the rights of the individual lot owners, as well as the beauty of the grounds, and has tried to protect the graves against desecration and unlawful acts.  We trust that every lot owner interested in the successful operation of the cemetery will realize that these Rules and Regulations have been formulated after careful consideration and over one hundred forty years of operational experience; that they are necessary to assure the proper development and management of a sizeable cemetery such as Evergreen; and that they will be enforced against, and for the  protection of, all concerned in a manner which could not be considered arbitrary.  All persons are, therefore, urgently and respectfully requested to conform to these Rules and Regulations.

In order to remove any misapprehension that may exist in regard to the future and permanent care of the cemetery, Evergreen’s charter provides for the permanent care of the lots so endowed and  for the general maintenance of the cemetery by setting aside a percentage of the purchase price of interment rights in lots, graves, crypts, niches, private mausoleums and lawn crypts in permanent trust for the continuing care of Evergreen.  The income from the funds so established provides the means by which the cemetery grounds may for all time be maintained in a reasonable condition.  It also provides the means by which the lot owners and their descendants may have assurance that for all time to come, even after the cemetery is wholly occupied, the resting places of their dead shall have continuing care.

With this intention, the Trust Funds for Permanent Care are set aside and invested, surrounded by all safeguards for their permanency, and the income applied to the maintenance of all burial lots, crypts, niches, lawn crypts, roads, walks, ornamental plantings and other features.

Lot owners who desire more attention and care given to their lots than the income from the Trust Funds for Permanent Care provides, may secure such special work or care by making the necessary arrangements in the cemetery office.

The office of the cemetery is located just inside the Main Street entrance and will be open during such daylight hours as specified from time to time by management.

GENERAL DEFINITIONS

As used in these Rules and Regulations, the following shall have the meanings indicated:

BOARD OF TRUSTEES – The Trustees of The Evergreen Cemetery Association.

BRONZE – an alloy of copper, tin and other metals containing not less than 87% copper. When used in these rules and regulation, it means solid bronze. Other materials coated or plated in bronze are not permitted.

CASKET – a box made of wood, metal or other rigid material intended for the burial of human remains

CEMETERY – Evergreen Cemetery

CENOTAPH – a memorial that has been placed according to these rules and regulations on a lot or a crypt or a niche for a person who is interred elsewhere

COLUMBARIUM – a permanent structure or building containing niches for the inurnment of cremated remains

CREMATED REMAINS – residual ash fragments of human bones remaining after the process of cremation

CREMATION – a method of preparing human remains for inurnment.  It is not a service complete in itself, but only a preparation for memorialization

CRYPT – a chamber for the entombment of human remains.  It may be a part of a private mausoleum or a public mausoleum, and may be above ground, or wholly or partially beneath the level of the ground.

DISENTOMBMENT – removal of human remains from a crypt

DISINTERMENT – removal of human remains from a grave or crypt

DISINURNMENT – removal of cremated human remains from a niche, crypt, lawn crypt or grave

DOUBLE-DEPTH GRAVE – a grave within the cemetery that Evergreen management has deemed acceptable for the placement of a double-depth burial vault and for which a “second right of interment” has been purchased

ENTOMBMENT – placing of human remains in a crypt

ESTATE MONUMENT LOT – a pre-designated lot of eight or more grave spaces upon which Evergreen has determined that plantings may be made in consultation with Evergreen

GENERAL MANAGER – the General Manager of Evergreen Cemetery

GRAVE/GRAVE SPACE – an area of ground sufficient for the burial of the human remains of one person.

INTERMENT – burial of human remains in a grave, niche or crypt

INTERMENT RIGHT – the right to inter human remains in a grave, crypt, niche, lawn crypt or private mausoleum

INURNMENT – placing of cremated remains in a niche, crypt, lawn crypt or grave

LAWN CRYPT – an underground crypt for the entombment of human remains

LOT – two or more adjoining grave spaces

MARKER – a small individual memorial placed at either the head or foot of a grave

MAUSOLEUM – a permanent building, either private or public, with crypts and/or niches for entombment of human remains above ground

MEMORIAL – a marker or monument placed on a grave or lot

MERCHANDISE – physical items purchased from Evergreen including but not limited to caskets, urns, vaults, memorials, flower arrangements and so forth.

NICHE – a space in a columbarium in which the urn containing cremated remains is placed

PRIVATE ESTATE MAUSOLEUM LOT – a lot that Evergreen has pre-designated for a private mausoleum. Plantings may be made on these lots in consultation with Evergreen.

SCATTERING – The scattering of cremated remains is not permitted anywhere in Evergreen Cemetery.

SECOND RIGHT OF INTERMENT – the right, which may be purchased only from Evergreen, to inter the remains of a second person in a grave, crypt, niche or lawn crypt, subject to the prior approval of Evergreen management

TRUSTEES – see “Board of Trustees”

URN – a receptacle of cast bronze, marble, or other acceptable permanent material containing cremated remains, which is placed in a niche, a crypt, or in the ground

URN VAULT – A permanent container into which an urn is placed before burial in the ground

VAULT – a concrete container used in the underground burial of human remains into which the casket or urn is placed

GENERAL

1. In all cases where a lot, crypt, niche or lawn crypt is owned by more than one person, Evergreen may provide products and services in or upon said lot, crypt, niche or lawn crypt based upon the authority of any one of the owners and Evergreen shall not be held liable by the other owners for so doing.
2. For the peace of mind of all parties involved, to insure proper placement of each interment, and to confirm all other arrangements for said interment, it is highly recommended that all arrangements for interments be made in person at the cemetery office. Exceptions to this requirement are expected and Evergreen understands that situations requiring such exceptions will arise over time.  However, it is expected that such exceptions will be very rare and only granted due to great distance from Evergreen. Evergreen shall not be responsible for executing instructions given by telephone, fax, email or any other electronic communication or for the results of misunderstandings with respect thereto.  Nonetheless, written authorization must be received from the person making the arrangements and from the property owner before any such interments take place.  All charges for such services must be paid in full before services are rendered.
3. Evergreen reserves the right and shall have the right to correct any errors that may be made by it in good faith either in making interments, entombments, inurnments, disinterments or removals, or in the description, transfer, or conveyance of any grave space, lot, lawn crypt, crypt, niche or other property either by canceling such conveyance and substituting and conveying in lieu thereof other property of equal value and similar location as far as possible, or as may be selected by the cemetery, or, in the sole discretion of the cemetery, by refunding the amount of money paid on account of such purchase. In the event the error shall involve the interment of the remains of any person in such property, the cemetery reserves the right and shall have the right at its expense to remove and re-inter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.  The cemetery shall have the right to correct any error it may make in any inscription on any crypt or niche face, or on a memorial, vault or container for cremated remains.
4. Evergreen shall have the right to correct any error it may make in the placement of any memorial, marker, vase or burial vault. The cemetery shall not be liable for any error so made.
5. Evergreen shall take reasonable precautions to protect lot owners and their property rights within the cemetery from loss or damage, but shall not be responsible for any failure to do so.
6. Florida Statutes require that each lot owner keep Evergreen informed as to his or her correct mailing address. Notice mailed to a lot owner at the last address on file with Evergreen shall be equivalent to actual delivery of the notice.
7. Warranties for merchandise purchased from or through Evergreen will be limited to only whatever warranty the manufacturer of the merchandise may provide. Evergreen will neither provide nor service warranties for merchandise purchased from others.

INTERMENTS AND DISINTERMENTS GENERALLY

8. All funerals, when reaching the cemetery, shall be under the charge of a representative of the cemetery and only of that representative. Those attending funeral services are requested to park as directed by Evergreen personnel.
9. All interments, entombments, inurnments, disinterments and removals must be made subject to the rules and regulations of the cemetery, and to all state and local laws, ordinances, and regulations now or hereafter in effect. Lot owners shall not allow any interments on their lots for a remuneration.
10. Charges for interment services on Saturdays, Sundays, holidays and any other times outside of Evergreen’s normal working hours will be at the overtime rates published by Evergreen from time to time.
11. Evergreen requires advance notice of not less than 24 hours prior to an interment in order to enable its employees safely and properly to prepare for each interment service. No such interment or entombment service shall be scheduled by a lot owner or lot owner’s representative, until prior arrangements for the same shall have been made with Evergreen.
12. No interment, entombment, inurnment, removal, disinterment, disentombment or disinurnment will be made without written authority from the owner, or one of the owners, of the lot, crypt, niche or lawn crypt in question. Evergreen may also require the authorization of various relatives of the deceased person and, likewise, no such services will be performed unless and until such authorizations are in hand at Evergreen’s offices.  All such services must be arranged at least 24 hours prior to the service requested in order for Evergreen to arrange properly for the requested service.  All of Evergreen’s service charges are due in advance of services being rendered and must be paid before any such arrangements are finalized

13. All removals and disentombments shall be performed by Evergreen’s personnel. No such removal will be performed until Evergreen has determined which of the deceased person’s family member(s) must authorize such removal and those individuals have signed Evergreen’s form(s) authorizing the removal. Evergreen will exercise the utmost care in making a removal but it assumes no liability for damage to any casket or burial case or urn incurred in the process of making a removal.
14. When instructions regarding the location of an interment space in a lot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the Association may, in its discretion, open a space in such location in the lot as it deems best and proper, so as not to delay the funeral.
15. All protests with respect to interments, shall be in writing and filed in Evergreen’s office. In the event a protest is filed, Evergreen shall not be obliged to make the interment protested, until all rights have been determined, and pending such determination, Evergreen may place the body in the Receiving Vault or in such other place Evergreen deems appropriate.
16. A state required burial-transit permit must be delivered to Evergreen’s representative when the funeral procession enters the cemetery gates. Funeral directors are requested to see that state burial-transit permits are provided and so delivered to avoid delay; however, Evergreen shall not be responsible for the identity of the body to be interred.
17. Evergreen, in its sole discretion, will determine where and whether a second right of interment may be made available to a family which owns the original right of interment in a grave, crypt, niche, private mausoleum or lawn crypt. In all cases where it is determined that such second right of interment is appropriate, such second right may not be exercised unless and until the full purchase price of the second right and the full service charge for the second interment has been paid to Evergreen.  Double-depth interments, where determined by Evergreen to be appropriate, will be allowed only in cemetery-approved double-depth concrete vaults, and only where the above-mentioned second right of interment has been acquired from Evergreen as hereinabove described.
18. No interment of any body, or the cremated remains of any body, other than that of a human being, shall be permitted. Further, bodies presented for interment or entombment shall be in caskets.
19. Removal, by the heirs, of a body so that the lot may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the original lot owner, is repugnant to the ordinary sense of decency and will not be permitted.
20. Besides being subject to these rules and regulations, all interments, entombments, inurnments, disinterments and removals are subject to the orders and laws of the properly constituted authorities of the city, county and state.
21. In all cases where equipment of Evergreen is available for making interments, entombments, inurnments, disinterments and removals, and placement of vaults, such equipment and no other shall be used.
22. A body or cremated remains, may be removed from its original lot to a larger or more desirable lot, crypt or niche in the cemetery where there has been an exchange or purchase for that purpose.
23. Once a casket containing a body is within the confines of the cemetery, no funeral director, his embalmer, assistant, employee or agent, shall be permitted to open the casket or to touch the body, without the consent of the legal representative of the deceased, or a relative in charge of the funeral, or without a court order.
24. All interments, entombments, inurnments, disinterments and removals, must be made at the time and in the manner, and upon the charges as fixed from time to time by Evergreen. All charges for such services are due and must be paid in full before services are rendered. In order for Evergreen to safely and expeditiously perform interments, Evergreen, in its sole discretion, may determine that nearby memorials need to be removed and /or covered. In such cases, Evergreen will uncover or replace such memorials in a reasonable time after such interments.
25. All single graves without permanent care from which disinterment or removals are made shall thereupon revert to the Association.
26. Charges must be paid prior to actual interment, entombment, inurnment, disinterment or removal. All prices are subject to change without notice.
27. Arrangements satisfactory to the Association for the payment of any indebtedness owing the Association must be made before interment, entombment, inurnment, disinterment or removal.
28. Ground burial of casketed remains will be made only in concrete vaults approved by Evergreen. Ground burial of cremated remains shall be made only in permanent urn vaults approved in advance by Evergreen. All cremated remains shall be placed in permanent urns approved in advance by Evergreen before being presented to Evergreen for interment.
29. For their safety and for the safety of Evergreen’s employees, those persons in attendance at a funeral service are encouraged to leave the area before the grave is filled. Those desiring to remain in the area will be instructed as to where they may congregate in an area that will, in Evergreen’s judgement, allow them to remain safe while the covering of the grave and removal of equipment is accomplished.
30. In the event that two or more funerals shall arrive on the grounds at the same time and the cemetery attendants are unable to attend them all at the same time, those funerals shall be attended first in the order that they entered the gates; and the remainder must wait until an attendant of the cemetery arrives to receive the burial permit and supervise the interment.
31. Incoming funeral processions shall be entitled to the right of way over other traffic except in cases where the Superintendent or his representative, for cause which is deemed sufficient, may order to the contrary.
32. In the case of graveside funerals when there is no funeral procession, all the family and friends attending the funeral shall park their cars as directed by the cemetery attendant.

VISITORS

33. All persons are encouraged to visit the cemetery. However, Evergreen is private property and all visitors must enter and leave the grounds during the time the gates are open.  Accordingly, visiting hours are restricted to such daylight hours as specified by Evergreen from time to time.  Also, given the historic nature of Evergreen, special events are held here from time to time.  During these events it may be necessary to restrict both the public and our property owners from access to some or all of the cemetery.  Evergreen will not be held liable of any inconvenience suffered during these brief periods.  Some of these events will be private gatherings.  Others will be for the benefit of the community at large or of various charities.  Evergreen would welcome your proposal about an event to benefit your favorite charity.  However, please remember that Evergreen is a place of sacred honor and that Evergreen reserves the right to refuse to allow any event for any reason.
34. In order that the proper atmosphere may be maintained on the cemetery grounds, children under fifteen years of age, unless attended by an adult responsible for their conduct, and persons having firearms in their possession, except military companies and firing squads in attendance upon a funeral, are prohibited from entering the grounds.
35. In order further to safeguard the quiet and peaceful atmosphere of the cemetery grounds, visitors are prohibited from using loud, boisterous or obscene language; from singing, other than as requested by the person making the funeral arrangements, at a funeral; from sitting or climbing on markers, monuments, mausoleums or fixtures of any kind; from peddling, begging, soliciting or collecting; from displaying or distributing cards, handbills, circulars, etc. of any nature unless the same be approved by Evergreen in advance; from picnicking, lounging, camping, gathering berries, fruits or nuts, running, playing, romping, loitering, lounging or lying full length on the ground; and from improper conduct or noise of any nature. The above notwithstanding, special events sponsored by and approved by Evergreen may use amplified announcements, speeches and/or music.
36. For obvious reasons, visitors are prohibited from bringing into the cemetery grounds dogs not on a leash, intoxicating liquors, or any material other than approved decorations as enumerated elsewhere in these regulations for placement on graves or crypts. In addition, visitors are prohibited from removing all or any part of any flower or plant from the present location of the plant; from scratching, marring, defacing, injuring or disturbing any monument, memorial bench, vase, building, fence, or anything within the limits of the grounds; and from putting paper, rubbish, dead or wilted flowers, shrubs, plants or parts thereof or any other unsightly or improper things any place except in the containers provided for waste materials.  Persons within the cemetery grounds shall use only the walks and roads.  No person shall gather flowers, damage trees, shrubbery or plants, or feed or disturb the fish, birds or other animal life.

MOTOR VEHICLES

37. All motor vehicles must be operated within the limits of the grounds in a quiet, safe and orderly manner. Vehicles must be driven at not more than 25 miles per hour, must be driven only on roads provided and must be operated there in accordance with the laws of the City of Jacksonville and the State of Florida.  All vehicles must be parked on the roads in a manner that will permit other vehicles to pass without leaving the road.  Under no circumstances will vehicles be parked on the grass bordering roads or on areas designated for lots and graves whether occupied by interments, or vacant.
38. All vehicles must be stopped when meeting a funeral procession and must remain stopped until the funeral procession passes. Drivers must refrain from passing any funeral procession going in the same direction or parked for a funeral service.  Drivers of vehicles hired to transport persons to the funeral site must remain quietly in the vehicles while the funeral service is in progress.

TRANSFERS OR ASSIGNMENTS

39. No transfer or assignment of any interment right, grave space, lot, crypt, lawn crypt or niche or interest therein, shall be valid without the prior consent of Evergreen, endorsed in writing upon such transfer or assignment. Any attempted transfer of a lot, or interest in a lot, to one not authorized to own same shall be invalid and of no force and effect and the Association shall not be obligated to honor such transfer.
40. The Association may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due to Evergreen from the record owner.

41. In every case where an original lot owner wishes to dispose of a vacant portion of a lot, the Association shall have the option to re-purchase the same at such price as may be agreed upon between the lot owner and the official representative of the cemetery, but in no case shall the price exceed 75% of the original purchase price.
42. Anything to the contrary herein notwithstanding, the purchaser of a lot, crypt or niche, or any present owner thereof, may transfer his or her interest in said property by a specific devise in his or her will if the property is described with certainty and the devisee is a person qualified under these rules and regulations to own and use a lot, crypt or niche in the cemetery. Any transfer made in accordance with the provisions of this paragraph may not contain restrictions or provisions with respect to burials on, or use of, the interment right(s) other than those imposed by the original certificate of ownership of interment rights and these rules and regulations.  The inclusion of such restrictions and provisions in a Will shall be of no force or effect and shall not be binding either on the devisee or Evergreen.  No devise of such interest shall be valid or recognized by Evergreen unless the aforesaid requisites are met, a certified copy of the Will is presented to Evergreen, and the usual charge of Evergreen for entering such transfer upon its records is paid.
43. Interment rights shall not be purchased for speculation.

TREES, SHRUBS, PLANTS AND PLANTING

44. Evergreen undertakes to maintain as nearly as may be practical the plantings of trees and shrubs which serve as a backdrop on the cemetery grounds and to preserve the landscape features as adapted and amended by it from time to time, but it does not undertake to maintain such plants upon individual lots.
45. All improvements and planting on lots shall be subject to prior approval of Evergreen. Any improvement or planting made on a lot by or for a lot owner without such prior approval may be removed by the Association at the expense of the lot owner.
46. Permanent planting of grass, shrubs, flowers, etc., are made by Evergreen. Further planting may be permitted only at the discretion of Evergreen.  The ownership of lots or grave spaces does not convey any right to do planting, etc., without the express approval of Evergreen. Some estate monument lots and private estate mausoleum lots have been conveyed with specific right and intention that additional landscaping will be made upon them. Such landscaping shall be performed by Evergreen only with an accompanying contract for continuing maintenance thereof.

DECORATION OF INTERMENT SPACES

47. The placement of flowers, in cemetery-approved vases is encouraged 365 days a year. Such vases on graves and lawn crypts, must be permanent, not temporary, retractable into the ground when not in use and installed within or immediately adjacent to the memorial in question.  Vases on crypts and niches must be of the type and style approved by, available through and installed by Evergreen. Only one vase will be permitted for each marker, grave space, niche, single crypt or end-to-end companion crypt.
48. Potted plants, wreaths, stands and floral designs will be permitted upon lots and graves at Valentine’s Day, Easter, Mother’s Day, Memorial Day, Independence Day, Father’s Day¸ Veterans Day, Thanksgiving and Christmas. If not called for within seven days, they may at the option of Evergreen, be removed and such items will not be held for return to the family.  Upon application to Evergreen, potted plants, designs etc. may be allowed upon a lot or grave at any anniversary or other special date for seven days.  At all other times, artificial flowers not in approved vases, potted plants, wreaths, stands and floral designs may be removed at the option of Evergreen at the time when mowing, trimming or other maintenance is performed and such items will not be held for return to the family.  Evergreen reserves the right to institute alternate guidelines for such decorations in specific designated areas on the grounds or in the community mausoleums.
49. Rocks, toys, glass or ceramic items, pottery, objects made of wire, statuary, garden ornaments, fencing and other such items are not permitted. Solar lights are not recommended. However, Evergreen does allow for one solar light per interment space to be placed in a cemetery approved permanent vase. Digging holes or placing anything in the ground around memorials is not permitted.  Nothing may be placed in trees or shrubbery.
50. Owners of interment rights are encouraged to display small American flags upon their loved ones’ places of interment. However, it is disrespectful for the flag to come in contact with the ground, so such flags must, like floral tributes, be placed only in approved vases as hereinabove described.  On Memorial Day, Independence Day and Veterans Day, small American flags may be placed by individuals or by authorized representatives of lodges, posts, camps, etc., not to exceed two days before those days and removed not later than five days thereafter. Flags not so removed will be removed by the Association but at no risk to the Association.  All such items, when removed by Evergreen will not be held for return to the placing party.
51. Evergreen shall have the right to remove all floral designs, stands, wreaths, etc., as soon after a funeral as in the judgment of Evergreen they become wilted or unsightly. The metal frames on such floral designs, wreaths, etc. shall become the property of Evergreen and may be destroyed or otherwise disposed of by Evergreen without liability and will not be returned.
52. Evergreen shall not be responsible for floral pieces, wreaths, baskets or frames in which or to which such floral pieces and wreaths and baskets are attached, nor for lost, misplaced or broken flower vases.
53. Evergreen shall not be responsible for plantings damaged by the elements, thieves, vandals, or by other causes beyond its control. Plantings that have been made without Evergreen’s permission may be removed by Evergreen at any time. Even plantings that were made with evergreen’s permission may be removed when, in Evergreen’s sole opinion they have died or become unsightly. In either case, when such plantings have been removed, Evergreen shall have no responsibility to replace them.
54. No planting is permitted upon flush marker lots.

55. No trees, shrubs, plants or herbage of any kind shall be removed from any lot without the prior consent of Evergreen.
56. Planting of hedges or other borders upon lots is prohibited.
57. All lots and interment spaces shall be treated with dignity and reverence by all visitors and workmen.

ROADWAYS AND REPLATTING

58. Evergreen reserves the right to replat any part or parts of the property within the cemetery not sold for burial purposes, including the right to open, close or change the location or grade of roads or walkways and to eliminate, alter or re-design cemetery-provided features.
59. Evergreen reserves the right to close and sell the ground lying between lots, and known as walkways.

FEES, GRATUITIES AND COMMISSIONS

60. No person while employed by Evergreen shall receive any fee, gratuity or commission, except from Evergreen, either directly or indirectly under penalty of immediate dismissal. Likewise, no employee shall refer anyone to a business other than Evergreen in exchange for any remuneration of any kind under penalty of immediate dism

MEMORIAL WORK

Evergreen has specific regulations concerning the size, material and placement upon the grave(s) for all memorials.  These regulations vary from section to section within the cemetery and all memorials must comply with these regulations. Each lot owner is responsible for confirming with Evergreen, prior to manufacture of a memorial, that the memorial will meet the pertinent regulations for his or her specific lot or grave.   Memorials in the St. Mary’s portion of Evergreen will be required to display at least one Roman Catholic emblem which must be approved by Evergreen prior to manufacture of the memorial. All proposed memorial inscriptions and /or photographs must be presented to Evergreen for approval before placement will be approved. Evergreen may in its sole opinion, determine that a photograph or an inscription or portion thereof is inappropriate and reject approval of same. Temporary memorials are not permitted anywhere in the cemetery.

61. All memorials or other work shall be done between the hours of 9 A.M. and 5 P.M. weekdays, and shall be performed by appointment only, such appointment having been arranged by the monument installer at least 48 hours prior to same. Persons in charge of work shall report to the cemetery office when entering the cemetery to perform such work, and must procure a permit for each installation or other work.  Once approved, permits must be retained by the monument installer on site and displayed at all times, showing the “Approved” stamp and the date and time of the appointment for said installation or other work.
62. All contractors, construction personnel, nurserymen, monument dealers and their workmen while employed in the cemetery are subject to all rules and regulations governing the cemetery. Any and all damage by equipment must be corrected to previous existing standards.  Any deviation will be corrected by Evergreen at contractor’s expense.
63. The term “memorial” as used in these rules and regulations include monuments and
64. All persons desiring to do memorial work or to make any improvements or change whatever upon lots, must file at the office a written order specifying the work, signed by the owner of the lot or grave and approved by Evergreen as authority for the same, retaining the signed copy as a permit before commencing the work or bringing any material into the grounds. Such permit shall be shown whenever demanded by any employee of the cemetery.  Determination of the location for placement of all memorials shall be made by Evergreen.  For ease of operation, a listing of required procedures for monumental work is available in hand-out form at Evergreen’s office.
65. Duplication of the design of any monument or mausoleum shall not be permitted in a location noticeably in the opinion of Evergreen to be in proximity to the original.
66. So that there is no misunderstanding, it is important to state here that Evergreen has, by state law, the exclusive right to sell and convey interment rights within its grounds. Private mausoleums, columbariums, cremation benches and cremation monuments and cremation memorials contain interment rights, and, as such, may be purchased only from Evergreen.
67. All die-stones shall be finished on at least the front and shall be at least six inches thick.
68. All stone memorials shall be constructed of natural stone. No artificial stone, nor painting of stone, other than “shadowing” of natural stone colors within the letters, will be allowed.
69. The bottom beds of all bases and markers must be cut level and true.
70. Memorials showing drill or tool marks or staining from removal of rubber mat used for sand engraving shall not be considered as first grade workmanship and, therefore, shall not be permitted.
71. Photographing of memorials shall not be allowed except on signed order of the owner or Evergreen.
72. Where a base or bases and die-stones are used for a memorial, the base, or bases, must be of the same material as the die-stone and must be of the best quality base stock. Base shall not exceed one foot in height above grade of lot.
73. While a funeral or interment is being conducted nearby, all work of any description shall cease.
74. No family memorial shall be placed on any lot unless a Certificate of Ownership of Interment Rights for such lot shall have been issued by Evergreen to the owner.
75. No marker shall be placed on any single grave or grave in any family lot unless such grave space shall have been fully paid for.
76. Only one central or family memorial shall be allowed on a family lot, which when placed at rear of lot, shall be set at least three inches from rear line of lot.
77. Actual front face area, not including the base, of a monument shall not exceed 12% of the square foot area of the lot, or portion of the lot that it is intended to mark. Length of memorial shall not exceed 65% of the width of the lot or portion thereof.
78. All markers shall be set flush with the ground. Markers shall be placed at end of grave farthest from base of monument in lots.
79. Individual upright memorials marking only one grave space are not permitted. However, where such individual memorials already exist on a family lot, having been installed before this regulation went into effect, Evergreen may permit duplication of those memorials upon the same lot or portion thereof.
80. Only one memorial inscribed with a single name may be placed on any one grave, crypt or niche. Evergreen may, in its sole discretion, approve memorials with two names provided a second interment right has been purchased for the grave. If the second name is to act as a cenotaph the cenotaph must be recorded and an administrative recording fee must be paid to Evergreen.
81. Markers are the only type of memorials permitted on single graves.
82. It is desirable that only companion memorials be used on companion lots.
83. Memorials shall be placed at the head or foot of graves, depending upon section and lot, so any encroachment upon the interment space is minimal.
84. Ledger stones shall be set flush with the ground and shall not be less than four inches thick. Such stones are only permitted in specific feature areas.
85. Some sections of the cemetery require exclusively bronze memorials attached to granite bases and such memorials must be set flush with the ground and shall be of such size as may from time to time be determined by Evergreen. Vases in such areas must likewise be of bronze.
86. In areas in which natural stone or bronze markers are permitted, such markers shall be set flush with the ground and shall be of such size as may from time to time be determined by Evergreen.
87. Photographs on memorials shall be porcelainized stainless steel, the specifications of which must be approved in advance by Evergreen. Such photographs must either be recessed flush into the memorial or surrounded by a bronze ring. Covers over photographs are not permitted.
88. Cradles around graves are not permitted.
89. No exposed brick work will be allowed in any portion of the cemetery.
90. Vases or urns of natural stone attached to monuments shall be of a design approved in advance by Evergreen.
91. Should any memorial, mausoleum or tomb become unsightly, dilapidated or a menace to visitors, Evergreen shall have the right either to correct the condition or to remove the same, at the expense of the lot owner.
92. The use of bronze is approved for doors and window grilles of mausoleums and other mausoleum fixtures, and statuary, also for grave markers and flower vases, and for tablets when attached to monuments or markers of natural stone.
93. Whenever a section is replatted or a new section developed, where the plat shows the type, size and location of a family memorial or marker, such plat shall govern the type, size and location of such family memorial or marker.
94. No corner posts of any description are permitted.

95. All memorial work must be provided with masonry foundations. The masonry must be laid solidly in Portland cement mortar and extend to such depth as may be required by Evergreen to provide security for the work.  Foundations must be the full size of the superstructure and will be finished off at such level as will permit the cut stonework to be set at least one inch below the surface of the sod at all points.
96. When markers or memorials are purchased through Evergreen, the foundation charge and installation charge shall be included in the purchase contract. Such foundation charge and installation charge will be furnished upon request.
97. If markers or memorials are obtained from a source other than Evergreen and are approved by Evergreen, the charges for service and installation will be given upon application and all such charges shall be paid to Evergreen at time of approval for such markers or memorials. As described in Florida statutes, all outside sources must show evidence that they are registered with the state as such, licensed by the proper authorities and insured to the limits required by Evergreen.
98. Evergreen reserves the right to lower existing raised markers in a lot to a position flush with the top of the ground where, in the opinion of Evergreen, such alteration is required to create a uniform appearance.
99. Notwithstanding other rules contained herein, Evergreen may designate various places within sections of the cemetery where natural stone benches may be placed for the enjoyment and use by all lot owners and visitors. These places will only be outside of lots designated for sale as interment spaces in so-called walkways, easements, paths etc. Evergreen will offer for sale in such areas benches and “bench placement rights” whose prices will be subject to change without notice. Being property, which belongs solely to Evergreen, Evergreen will retain sole and complete authority as to when and where such benches may be placed. Also, Evergreen will have sole and complete authority to approve or deny inscriptions upon such benches. Further, Evergreen will have the final authority to approve the size, design, material and color of such benches. Restating, Evergreen will have the sole right to determine where such benches may be allowed and the proximity of one bench to another. The fact that one bench has been allowed will in no way indicate that another may be allowed. Such benches will be permitted only after Evergreen has agreed to a particular location and the customer has purchased and fully paid for the bench placement right for that location.

The addition of dates of death or any other inscription to markers, monuments, crypts or niches is not included in the purchase price of such items unless specifically so stated in the contract for purchase thereof.  Likewise, the addition of such information to bronze memorials is not included unless so specified.

MAUSOLEUMS AND TOMBS

100. Individual mausoleums or tombs either wholly or partially above ground shall be constructed only on lots so designated and be built of first grade material similar in all respects to stone used in other memorials within the cemetery. By their nature, such structures are interment rights, and, as such, they may only be purchased from Evergreen.
101. Bodies entombed in Evergreen’s chapels must be embalmed and placed in a protective, gasketed casket or in a wood casket that has been placed in a protective casket enclosure approved by Evergreen. Bodies entombed elsewhere within the cemetery in above-ground crypts must either be embalmed or, if not embalmed, placed either in a protective gasketed casket or in a casket that has been placed in a protective casket enclosure approved by Evergreen.
102. On all lots having private mausoleums, interments will be permitted only inside the mausoleum; outside ground interments will not be allowed. Crypts in the St. Mary’s portion of Evergreen will be required to display at least one Roman Catholic emblem which must be approved by Evergreen prior to the inscription being placed.
103. All the general rules and regulations prescribed by Evergreen shall apply to community mausoleums, and private mausoleums as far as the nature of the case permits.
104. Crypts and niches will be opened only by employees of the cemetery and sealed by them after an entombment is made. This applies to the inside sealing, not the inscription tablet.
105. No more than one body and one cremated remains, or two cremated remains, may be entombed in any one mausoleum crypt or lawn crypt. Any such second entombment or second inurnment must be approved in advance by Evergreen and Evergreen’s fee for the purchase of the second right of interment and Evergreen’s fee for the second interment service must be paid.  After a crypt or niche has been sealed it shall not be reopened for any purpose other than for additional entombments or inurnments or for the fully authorized removal of the remains placed therein.  No additional inurnments shall be permitted in a niche, unless such niche was originally sold for more than one inurnment.
106. Potted plants will only be allowed in private rooms or in sections with gates and then only when in watertight containers.

INSCRIPTIONS AND DECORATIONS

The addition of dates of death or any other inscription to crypts or niches is not included in the purchase price of such items unless specifically so stated in the contract for purchase thereof. 

107. Inscriptions or engraving on mausoleum crypt fronts in community mausoleums shall be approved by and performed exclusively by Evergreen. Crypts in the St. Mary’s portion of Evergreen will be required to display at least one Roman Catholic emblem which must be approved by Evergreen prior to the inscription being placed.
108. Vases and vase holders in community mausoleums are available for purchase in Evergreen’s office and only such vases are permitted in or on such mausoleums. Other items, such as stickers, wires, tape, hooks, adhesives, hangers etc. are not permitted on crypt fronts. When, in the opinion of the cemetery, flowers have become wilted or faded they may be removed. Artificial flowers are not permitted in Evergreen’s chapels.
109. Evergreen’s public mausoleum is open during such daylight hours as specified by Evergreen. From time to time, Evergreen may conduct funerals and other public or private meetings in its chapels. During such events it may be necessary to restrict crypt or niche owners from access to the chapels.