A. The right to enlarge, reduce, replat or change the boundaries or grading of the cemetery, of a section or sections, the location and design of buildings and mausoleums, including the right to modify or change the locations of/or any part thereof, or remove or grade, roads, drives, and walks, is hereby expressly reserved. The right to lay, maintain and operate, or alter or change pipelines, or gutters for drainage, etc., is also expressly reserved, as well as the right to use cemetery property, not sold to individual owners, for cemetery purposes, including the interring and preparing for interment of dead human bodies, or for anything considered by the City necessary, incidental or convenient thereto. The City reserves the right of ingress and egress over lots for the purpose of passage to and from other lots.
B. All improvements or alterations of individual property in the cemetery shall be under the direction of the City or authorized agent of the City; and should they be made without the consent and approval, the City shall have the right to remove, alter or change such improvements or alterations at the expense of the deed owner or in any event, at any time, in the City's judgment, they become unsightly to the eye.
C. All interment rights are sold subject to perpetual care and all work on lots will be done by the employees of the City under direct supervision of the cemetery. All grading, landscape work, and improvements of any kind, and care of lots, shall be done, and all trees, shrubs, and herbage of any kind shall be planted, trimmed, cut, or removed, and all interments, disinterments and removals shall be made by the cemetery employees except where otherwise permitted herein, such as cremation interment.
D. The City of Eufaula shall have absolute charge of the cemetery and is authorized to enforce the rules, to maintain order and to supervise all workmen, visitors and the drivers of vehicles.
E. Persons within the cemetery grounds shall use only the avenues, walkways and roads; and any person injured while on any portion of the cemetery including, but not limited to, the avenues, walkways, roads shall in no way hold the cemetery liable for any injuries sustained.
F. The cemetery shall be open to the public daily from sunrise to sunset. Any person found on the grounds after dark will be considered a trespasser.
G. Automobiles shall not be driven through the grounds at a greater speed than fifteen (15) miles per hour and must always be kept on the right-hand side of the cemetery roadway.
H. Children under fifteen (15) years of age shall not be permitted within the cemetery or buildings unless accompanied by a parent, guardian or other adult supervision.
I. The cemetery reserves the right to compel all persons coming into the cemetery to present proper identification for examination; to require all vehicles to be brought to a full stop at the entrance, to refuse the admission or use of any of the cemetery facilities at any time to any person, other than a lot owner, or business when the City may deem such admission or use contrary to the best interest of the deed owners generally or the cemetery.
J. The following activities and/or objects shall be prohibited in the cemetery:
1. Sledding, hunting, or trapping. Bicycling, motorcycling, or jogging on or across grave sites and not on a road or marked trail.
2. Pet not on a leash.
3. Eating, drinking, loitering or parking.
4. Placement of boxes, shells, toys, discarded glassware, sprinkling cans, receptacles or other articles on any grave, lot or tree.
5. Firearms or explosives, an exception may be made for military service.
6. The placement of wooden, concrete or cast-iron bench or chair, or any wooden or wire trellis unless placed by the cemetery.
7. The gathering of flowers, either wild or cultivated or breaking trees, shrubbery or plants, or marring or defacing the grounds, buildings, markers, memorials, or architectural feature, or other objects of the cemetery.
8. The selling of any commodity.
9. Use of signs or notices or advertisements of any kind.
K. The cemetery is not responsible for theft or damage to anything placed on interment spaces. Deed owners are encouraged to report any and all losses or vandalism to the City of Eufaula Police Department.
L. No person, while employed by the cemetery, shall receive any fee, gratuity or commission, except from the City.
M. The cemetery will take reasonable precaution to protect owners and property rights of owners. The cemetery disclaims all responsibility for any loss or damage from causes beyond its reasonable control, and, specifically from damage caused by the elements, and act of God, the common enemy, thieves, vandals, strikers, malicious mischief-makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral.
N. All requests for work, or complaints shall be directed to the cemetery. (Ord. 17-4-1, 4-3-2017)