12/29/2022
The owner of Oak Hill Cemetery requested I help him out by posting the current rules & regulations regarding the cemetery. Question should be directed to Mr. Tim McKinney at 423-948-0506.
Oak Hill Cemetery of Johnson City Tennessee Rules and Regulations
December 2022
Purpose:
The following rules and regulations have been adopted as a guide to the use and management of the Cemetery. The rules and regulations will help protect all who have interest here. All owners of interment rights, visitors and contractors performing work within the Cemetery shall be subjected to said rules and regulations, amendments or alterations as shall be adopted by the owner(s) of Oak Hill Cemetery from time to time.
Definitions:
Crypt is a casket space in a mausoleum used for or intended to be used for the entombment of human remains.
Family Lot is an area of six lots or more restricted to a group of persons related by blood or marriage.
Lawn Crypt is an interment space in the Cemetery that contains a pre-constructed and pre-buried vault capable of holding a casket.
Lot is a grave, crypt, or niche.
Memorial is a monument, tombstone, grave marker, or headstone identifying a grave or graves or a nameplate with inscription identifying a crypt or niche.
Monument is an upright memorial made principally of stone.
Niche is a space in a mausoleum or columbarium used or intended to be used for the inurnment of cremated human remains.
Owner(s) is the person or persons to whom the Cemetery has conveyed a burial right or rights or a person or persons who have acquired such rights by transfer in accordance with the rules of the Cemetery or a person or persons who hold such burial right or rights by inheritance.
Single grave is a grave for one person.
Urn is a container used for cremated remains.
General Rules and Regulations:
1. Rules and Regulations of the Cemetery and prices for burial spaces and services are made by the owner of the Cemetery and become effective upon posting at Cemetery
The owner(s) of the Cemetery may, and it hereby expressly reserves the right, at any time, with or without notice to lot owners, to adopt new rules and regulations or to amend, alter and/or repeal any rule, regulation and/or article, section or paragraph in these Rules and Regulations. Special cases may arise in which the literal enforcement of the rule may impose unnecessary hardship. The owner(s) of the Cemetery, therefore, reserves the right, without notice, to make exceptions, suspensions, or modifications in any of the Rules and Regulations when, in their judgment, the same appear advisable, and such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general application of such.
Funeral Homes must clear all burial arrangements with the Owner(s) of the Cemetery before publishing that information. Failure to do so may result in the postponement of the burial. A delay in the arrival of the funeral procession at the appointed time will result in a late fee to cover the overtime cost of closing the grave.
Opening and Closing Fees paid to previous owners of Oak Hill Cemetery before the McKinney’s are null and void. New Opening and Closing Fees at the current rate must be paid before burial can take place. This action was required due to no Opening and Closing Fees being transferred to the McKinney’s when the cemetery was sold to Mr. Sam McKinney.
2. The Owner(s) of the Cemetery retains to themself, for the benefit of all interment right owners, full and complete supervision, control and management of the land, buildings, improvements, roads, walks, utilities, development, books and records, and the full and complete authority, rights, and privileges to make, change administer and enforce all rules and regulations and restrictions not inconsistent with the laws of this State wherein this Cemetery is located.
3. All lots in the Cemetery are sold in accordance with the provisions of the laws of the State of Tennessee and shall not be used for any other purpose than as a burial place for dead human beings. All lots sold after 1979 are sold with permanent maintenance provision.
4. Lots must be paid in full before a burial is made. Full purchase price must be paid before a certificate of ownership is issued.
5. Visiting hours:
Grounds:
October 1 – April 30: 8:00am – 5 pm Daily
May 1 – September 30: 7:00am – 7:30pm Daily
Office Hours:
9:00am – 4pm Weekdays
9:00am – noon Saturdays
Closed Sunday
Any person found on the Cemetery grounds after closing will be considered a trespasser and subject to arrest for trespassing.
6. The Cemetery issues to each owner of the rights of burial for its lots, crypts or niches a Certificate of Ownership describing the location and naming the owner or owners of the said location. The naming of more than one owner is indicative of joint ownership in common with rights of survivorship.
The issuance of such certificate is the Cemetery’s sole form of recognition of ownership. Possession of the Certificate by a person who is not listed on the Certificate is not in itself evidence of ownership. Purchasers of lots, crypts or niches simply acquire the right of burial.
7. The owner of interment rights hereunder may dispose of same by will or, should the owner die in testate, such interment rights shall pass according to laws of this State governing intestacy provided, however, the Cemetery shall not be bound by such transfers unless and until an exemplification of record of same has been presented to it and such change has been recorded on the books and records of the Cemetery. Any plot, crypt, or niche in which there are no burials, entombments or inurnments may be transferred to a new owner, providing the original Certificate of Ownership is submitted to the Cemetery together with proper transfer agreement, upon payment of transfer fee in accordance with the Cemetery’s established schedule of charges.
8. In the event of loss or destruction of a Certificate of Ownership and upon the presentation of a written request, accompanied by a properly executed affidavit by the owner setting forth the circumstances of the loss or destruction and indemnification for the Cemetery, the Cemetery will prepare a duplicate Certificate from its records.
9. Lot owners are prohibited from allowing interments to be made on their lots for compensation.
10. If an owner of a lot sells or transfers title to his or her lot, as provided by these regulations, he or she must pay any and all indebtedness due the Cemetery before such transfer of title will be allowed.
11. All lot owners are required to notify the Cemetery of any change of address. All notices required to be sent shall be sent to the last recorded address and such notices shall be deemed adequate.
12. No person, other than employees of the Cemetery, shall be allowed to perform any work within the Cemetery without permission from the owner(s) of the Cemetery.
13. The owner(s) of the Cemetery shall direct all improvements within the grounds and upon all lots before and after interments have been made herein.
14. Charges for work and services performed by the owner(s) of the Cemetery or for materials purchased from the Cemetery will be at rates as approved by the owner(s) of the Cemetery.
15. The owner(s) of the Cemetery will take all reasonable precautions to protect lot owners and their property within the Cemetery from loss, damage, or injury but it shall not be responsible for any loss, damage, or injury.
16. The use of the Cemetery land as a thoroughfare will not be permitted.
17. The right to use automobiles or other vehicles in the Cemetery is authorized solely and exclusively for the purpose of transporting persons to visit burial plots. The speed limit within the Cemetery is fifteen (15) miles per hour. Parking and/or driving on any gardens or grassy areas are prohibited for purposes other than those obtained from the owner(s) of the Cemetery.
18. Bicycles, skates, snowmobiles, motorcycles, horses, etc., may not be used on Cemetery lands except with the approval of the owner(s) of the Cemetery. Dogs are not permitted except when kept in a vehicle.
19. Bringing alcoholic beverages or illegal drugs into the Cemetery is strictly prohibited. The playing of loud or inappropriate music is also prohibited.
20. The Cemetery shall have the right to enter upon or use any adjoining lot or lots to carry out its duties as to interments, er****on of monuments or markers, etc., without prior notice to the lot owner.
21. No signs, notices or advertisements of any kind shall be allowed in the Cemetery unless placed by the owner(s) of the Cemetery.
22. Peddling of any kind or soliciting the sale of any commodity, other than by the Cemetery, is prohibited within the confines of the Cemetery.
Interment & Funeral Regulations:
23. Interments into a lot are restricted to those entitled to burial therein according to these rules and regulations.
24. The Cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made or where the rules and regulations have not been complied with; and, further, the Cemetery reserves the right, under such circumstances, to refuse the receiving of the body from the funeral until the full rights have been determined.
25. The use of one grave space shall be limited to interments as follows unless otherwise permitted by the Cemetery:
a) One adult burial, or
b) One adult burial and one infant burial, or
c) One adult burial and one urn of cremated remains, or
d) Two urns of cremated remains
The use and placement of memorials shall be governed by Rule 53 below.
26. No burial of a casket over three feet in length will be made unless there has been provided an outer container or receptacle of concrete or such other material which the Cemetery will deem to have comparable strength or resistance to deterioration. However, green burials are allowed at Oak Hill. This type of burial must be coordinated between the owner of the burial plot, the owner(s) of cemetery, and the funeral home before a grave is prepared for burial.
27. Funerals are to be at the Cemetery by 3:00 p.m., Monday through Friday and by 2:00 p.m. on Saturday or be subject to overtime fees.
28. No disinterment will be allowed without permission of next of kin, the lot owner, the owner(s) of the Cemetery, and the proper authorities.
29. The owner(s) of the Cemetery shall in no way be liable for any container, receptacle or urn of cremated remains placed in any lot, crypt, or niche. A permanent type of urn or vault is required for ground interment of cremated remains. The scattering of cremated remains over a family lot is prohibited.
Flower & Decoration Regulations
30. The owner(s) of the Cemetery reserves the right to remove all flowers, wreaths, or other decorations from lots as soon as they become unsightly.
31. Fresh flower, and Artificial flowers arrangements are allowed on lots in a disposable vase. All glass, ceramic, and other breakable containers are prohibited.
32A. Multiple flags placed on graves by an organization or single person must have the permission of the owner(s) before the flags are placed. This is to ensure that proper placement of the flag is understood, and the flag placement does not interfere in maintaining the cemetery. All organizations or individuals granted permission to place flags on multiple graves can do so no sooner than one day before the memorial day. Flags should be kept to 12” by 18” or smaller in size. Flags must be removed by those who installed them within seven (7) days of the memorial day. Those flags not removed within that time period will be removed by the owner(s) of the Cemetery and properly disposed of.
32 B. An individual may place a flag on a single grave either with flowers or by itself at any time (the owner(s) reserve the right to move/reset the flag and flowers, so it does not interfere in maintaining the cemetery).
33. Trees and shrubs are placed throughout the Cemetery by the owner(s) of Cemetery for overall beauty and serenity of the grounds. Individual graves are not permitted to have trees or shrubs. Any such tree or shrub not approved by the owner(s) of Cemetery may be removed without notice to the lot owner.
34. Certain lots embrace a tree that may interfere with space that otherwise might be used for burial. In such a case, the owner(s) of Cemetery recognizes that right to the retention of the trees as prior to the right of use of such space for burial. Should any such tree die naturally, the owner(s) of Cemetery will remove it at its own expense.
35. Glass is prohibited at all times.
36. The owner(s) of Cemetery shall have the right to remove all objects whose appearance and condition warrant removal and/or violate the Cemetery’s rules and regulations. The owner(s) of Cemetery also will not be liable for any flower or decoration removed or lost by any cause.
Planting Policies:
37. Planting are not permitted.
Markers and Monuments:
38. All memorials must be made of the highest quality standard bronze or of granite approved by the owner(s) of Cemetery except on the monument lots where all monuments shall be made of granite. All markers on individual graves shall be set flush except in limited designated area. The granites which will be accepted at the Cemetery are limited to quality granites and in colors approved by the owner(s) of Cemetery. The following granites and colors have been pre-approved as of the date hereof: Barre Gray, Ebony Mist Black, Mahogany, Missouri Red, Dominion Pink, Mountain Rose Pink, and Blue Pearl.
39. The owner(S) of the Cemetery shall have the authority to reject any memorial that, on account of its size, type, design, inscription, quality, color or method of construction is unsuitable for the particular lot or grave on which it is to be placed. The Cemetery reserves the right to prevent the placing or to remove any marker or other objects that do not comply with the standards of the Cemetery. The owner(S) of the Cemetery reserves the right to require the purchase of any and all markers from approved producers or retail dealers.
40. No marker or monument will be accepted by the owner(S) of the Cemetery for installation unless a sketch has been furnished defining the dimensions, material content and lettering and permission of the lot owner or proper agent of the person having burial rights in the grave to be marked. All markers and monument foundations shall be placed by employees or agents of the owner(s) of the Cemetery or by the monument company under the supervision of the owner(s) of the Cemetery.
41. All fees or encumbrances due on a lot must be paid in full prior to any memorial being placed on the lot, including any installation fee.
42. Corner markers are allowed on all lots and must be installed at grade level.
43. In the event a memorial is placed where it is necessary to remove it for an interment or disinterment, the owner(s) of the Cemetery shall have the right to remove such memorial without notice to the lot owner.
44. The owner(s) of the Cemetery may, at its own expense, without any liability, correct any error that may occur in the placing of a foundation or memorial.
45. Memorials shall be set in accordance with the general plan of the Cemetery. Not more than two (2) memorials may be placed on a grave, one at the head and the other at the foot, unless otherwise approved by the owner(s) of the Cemetery.
46. Only in ground markers may be used in Sections A, B, C, and D.
47. Both in ground and up write monuments may be use in Sections E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, and T. Monuments cannot exceed one-half of the width of the lot or a six-foot maximum. The tablet must be at least eight inches thick. The base and tablet together cannot exceed five feet in height except on lots specifically plotted for larger family monuments. The upright family monuments must be made of quality granite and in colors approved by the Cemetery. The following granites and colors have been pre-approved as of the date hereof: Barre Gray, Ebony Mist Black, Mahogany, Missouri Red, Dominion Pink, Mountain Rose Pink, Blue Pearl. The monument base must be rock pitched on all four sides with a polished or steeled top.
