ARTICLE IX –  CONDUCT OF PERSONS WITHIN THE CEMETERY
1    Walkway Use:  Persons within the Cemetery grounds shall use only the walks and roads and any person injured while walking on the grass, except that be the only way to reach his plot, or while on any portion of the Cemetery other than the walks or road, shall in no way hold the Cemetery liable for any injuries sustained.

2    Plantings:  All persons are prohibited from gathering flowers, either wild or cultivated, breaking or cutting trees, shrubbery or plants.

3    Violation of Graves:  Defacing or otherwise damaging monuments or structures in the Cemetery is a felony in Kentucky and subject to prosecution.

4    Wildlife:  No disturbing the birds or animal life.

5    Disruption of Memorial Service:  No loud talking, music or other noise shall be permitted on the Cemetery grounds within hearing distance of funeral services.  No person shall interrupt or disturb any funeral or memorial service.

6    Trash:  The throwing of rubbish on the drives and paths, or on any part of the grounds, or in the buildings is prohibited.

7    Vehicles:  No automobile, vehicle or animal shall be driven across or upon any grave, lot or lawn nor parked or left thereon. It is prohibited to park or leave any automobile or vehicle on any road or driveway within the Cemetery at such location or in such a position as to prevent any other car or vehicle from passing the same, and if so parked or left, such car or vehicle will be removed.

8    Traversing Cemetery Grounds:  Walking or driving through the Cemetery grounds to property or land outside of the Cemetery for the purpose of saving time or distance is prohibited.

9    No Solicitation:  Solicitation of the sale of any commodity is positively prohibited within the confines of the Cemetery.  There shall be no display and/or sale of goods, wares and merchandise.

10    Firearms:  No person or persons other than an employee of the Cemetery shall be permitted to bring or carry fire-arms within the Cemetery except Police or a military guard of honor and then only when in charge of an Officer and during a Military Service.

11    Advertising in Cemetery:  The placing of signs notices or advertisements of any kind, peddling or soliciting, and the sale of any commodity in the Cemetery is prohibited.

12    Domestic Animals:  Domestic animals shall not be allowed on the Cemetery grounds except on a leash or kept in the vehicle.  This provision shall not apply to dogs assisting handicapped persons.

13    Improprieties in the Sole Judgment of Sexton:  It is the utmost importance that there should be strict observance of all proprieties of the Cemetery, whether embraced in these rules or not, as no improprieties shall be allowed and the Sexton shall have power to prevent improper assemblages or actions.

14    Powers of Sexton:  The Sexton is hereby empowered to enforce all Rules and Regulations, and to exclude from the Cemetery any person violating the same, and the Sexton shall have charge of the grounds and buildings, and, at all time, shall have supervision and control of all persons within the Cemetery, including the conduct of funerals, traffic and employees. To protect and promote the best interest of the Cemetery, she/he is authorized to make temporary additional rules, which are not covered by these Rules and Regulations.

15    Bicycles:  No person shall be permitted in the Cemetery on a bicycle, except on designated roadways.

16    Speed Limit & Roadways:  All vehicles shall remain on said roadways and observe a maximum speed of 10 mph.

17    Alcoholic Beverages:  Alcoholic beverages in the Cemetery are strictly forbidden.

18    After Hours:  Any person found on the grounds after dark may be considered a trespasser.

19    Sacred Grounds:  All persons are reminded that the grounds are sacredly devoted to the burial of the deceased, and that the provisions and penalties of the law, as provided by statute, will be strictly enforced in all cases of wanton injury, disturbance and disregard of the rules.

20    Strangers:  Strangers are not allowed to approach the grave during a funeral.

21    Children:  Children under 12 years of age, unless accompanied by adults, are not permitted on Cemetery grounds.

22    Business Activities and Assemblies:  No person shall use Cemetery grounds for any business activity. Meetings, gatherings or assemblies of any kind in the Cemetery are prohibited except as a part of a funeral or memorial service.

23    Quarreling:  No person shall engage in any fight, quarrel or disturbance in the Cemetery.

24    Loitering:  No person shall loiter in the Cemetery or fail to leave the Cemetery after having been directed to do so by an employee of the Cemetery.

25    Playing:  No ball playing, roller-skating, sledding, riding of mini-bikes, go-carts and skateboards.

26    Motor Vehicle Instruction:  There shall be no instructing persons in the use and operation of a motor vehicle in the Cemetery.

27    Notice of Trespass:  Any person found in violation of the Rules and Regulations shall be deemed a trespasser and subject to prosecution therefore.

ARTICLE VIII – CHANGES IN GRADE AND REPLANTING
1    Right to Change:  The right to enlarge, reduce, replant or change the boundaries or grading of the Cemetery or of a section or sections, from time to time, including the right to modify or change the location of or remove or re-grade roads, drives or walks, or any part thereof, is hereby expressly reserved. The right to lay, maintain and operate or alter or change pipe lines or gutters for sprinkling systems, drainage, lakes, etc., is also expressly reserved, as well as is the right to use Cemetery property, not sold to individual plot Owners, for Cemetery or any other purpose, including, but not limited to, the interring and preparing for interment of dead human bodies, or for anything necessary, incidental or convenient thereto. The Cemetery reserves to itself, and to those lawfully entitled thereto, a perpetual right of ingress and egress over plots for the purpose of passage to and from other plots.

2    No Implied Easement or Grant:  No easement or right of interment is granted to any plot Owner in any road, drive, alley or walk within the Cemetery except as may expressly made, but such road, drive, alley, or walk may be used as a means of access to the Cemetery or buildings as long as the Sexton devotes it to that purpose.

3    Grading and Care of Lots:  All grading of lots shall be done by the Cemetery.  No person shall do any grading causing the surface of the ground to be raised above the existing height of the surrounding area.  Only a licensed contractor engaged by the Cemetery shall discharge any chemical or organic fertilizer, herbicide or other substance on any lot.

ARTICLE VII –  CERTIFICATE AND RULES ARE SOLE AGREEMENT
1    Certificate Issuance:  Upon full payment for a lot or grave space, a Burial Rights Certificate will be issued to the Owner.

2    Sole Agreement:  The certificate of Ownership and these Rules and Regulations and any amendments thereto shall be the sole agreement between the Cemetery and the plot Owner. The statement of any employee or agent, unless confirmed in writing by one of its officers, shall in no way bind the Cemetery.

ARTICLE VI – CARE OF PLOTS
1    Perpetual Care:  This fund is an irrevocable trust from which deposits can not be withdrawn, and the income from said fund shall be used by the Cemetery for the maintenance, repair and care of the Cemetery.

2    Perpetual Care To Include:  Perpetual Care as used in reference to plots, shall be held to mean the cutting of the grass upon said plots at reasonable intervals, the making and cleaning of the plots, the pruning of the shrubs and trees that may be placed by the Cemetery; meaning and intending the general preservation of the plots, and the grounds, walks, roadways, boundaries, and structures, to the end that said grounds shall remain and be reasonably cared for as Cemetery grounds forever.  Perpetual care shall include watering, re-sodding, seeding, filling in sunken graves, or sodding over the surface of graves to lot level.

3    Perpetual Care Not to Include:  The term “perpetual care,” unless otherwise provided in the agreement, shall in no case be construed as meaning the maintenance, repair or replacement of any memorial, tomb or mausoleum place, erected upon lots; nor the doing of any special or unusual work in the Cemetery, including work caused by impoverishment of the soil; nor does it mean the reconstruction of any stone, bronze or concrete work on any section or plot, or any portion or portions thereof in the Cemetery, necessitated by the elements, an act of God, 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, other than as herein provided.  Perpetual Care shall not include the watering of flowers or plants or the trimming of shrubs if planted by the lot Owner.

4    Funds Held In Trust:  The money received for perpetual care shall be held in trust and invested as provided by law.

5    Limitation on Use of Funds:  Perpetual care, whether applied to lots, graves, mausoleums or to anything within the confines of the Cemetery, shall be limited absolutely to the income received from the investment of the perpetual care fund, no part of the principal shall be expended.

6    Deposited in General Fund:  It is understood and agreed between the Owner and the Cemetery that all of said funds may be deposited with other of like character and intent to the end that the income from such accumulated general fund shall be used in the general improvement and perpetual care as above defined; but in no case shall their deposit be construed as a contract to care for any individual property or space other than as above defined, except special care agreements duly executed and on file at the Cemetery office.

7    Discretionary Use of Fund:  The income from the perpetual care fund shall be expended by the Cemetery in such manner as will, in its judgment, be most advantageous to the lot Owners as a whole, and in accordance with the purposes and provisions of the laws of the State applicable to the expenditure of such funds. The Cemetery is hereby given the full power and authority to determine upon what property, for what purpose and in what manner the income from said fund shall be expended, and it shall expend said income in such a manner as it in its sole judgment, may deem advisable for the care, reconstruction, repair and maintenance of all or any portion of the Cemetery grounds or for any purpose necessary in the execution of its duties.

8    Amount Deposited:  The amount of said perpetual care funds to be collected from the purchasers of Cemetery ground plots shall be such sum as is required by Statute and as may be determined by the Cemetery.

9    Perpetual Care Records:  The record books of the Cemetery shall show the amount of perpetual care fund that has been required of the individual and set aside in each case.

10    Repossession of Lots:  Whenever any Owner of any burial space, whether or not converted to perpetual care, shall have failed or neglected to make payments on their account, the rights and interests of said Owner are terminated and forfeited and whatever procedure is required under the laws of the State of Kentucky shall be taken to authorize the resale of said lots.

11     Special Care on Lots: Lot Owners who desire special attention for their lot, such as special care for flowers, trees and shrubs, by endowment with the Cemetery can make arrangements for such special care.

12    Spring Pick Up:  Prior and in preparation to the beginning of mowing season the Cemetery will be cleared of all flowers, artificial or natural, and decorations on the ground, on or about March 1st, each year. Any person wishing to retain their decorations, plants, flowers or pots shall remove them prior to that date.

ARTICLE V – ADMINISTRATION
The keeping of records of the Cemetery shall be the responsibility of the Cemetery Management. Records giving full data on all interments shall be kept in the Cemetery files. The data is to include the Owners of interment rights including the section, lot, and grave location; and the name and the date of interment of each grave occupant.  Additionally, the records include the accounting of the Perpetual Care trust fund.

ARTICLE IV – ADDRESS CHANGE OF PLOT OWNERS
It shall be the duty of the plot Owner to notify the Sexton or Directors of any change in his post office address. Notice sent to the plot Owner at the last address on file in the office of the Cemetery shall be considered sufficient and proper legal notification.

ARTICLE III – DEFINITION OF TERMS
1    Cemetery: shall mean shall mean Brookland Cemetery, LLC, a Kentucky Limited Liability Company.  The term shall include a burial area used for earth interments, a mausoleum for vault or crypt interments, a crematory and columbarium for cremain interments or a combination of one or more than one thereof, as may be the property of Brookland Cemetery, LLC.

2    Cemetery Management: shall be construed to mean the Cemetery’s duly authorized representative(s) for the purpose of conducting and administering the Cemetery

3    Certificate:  shall mean the original conveyance document given by the Cemetery to the original purchaser or as alternatively used “Burial Rights Certificate”.  The Certificate conveys only the right to bury and not the real property title.

4    Columbarium: is a structure for the inurnment of cremated remains.

5    Contractor:  shall mean any person, firm, corporation or anyone engaged in placing, erecting or repairing any memorial, or performing any work in the Cemetery grounds, other than a Cemetery employee.

6    Decorations:  shall be deemed to include all structures, ornaments, planting, or other embellishments, with the exception of monuments and markers or mausoleums which are placed on Cemetery lots with the intention of improving their appearance. Because certain types of individual lot decorations are not in harmony with the development of the Cemetery as a whole or because they may intensify maintenance problems, the Cemetery enforces certain rules regarding the decoration of Cemetery lots.

7    Directors:  shall mean the Cemetery’s Board of Directors.

8    Burial Right(s): shall mean one or more “lot,” “plot,” “burial space”, “grave space” as may be used interchangeably and shall apply with like effect to one or more adjoining graves.

9    Infant Grave:  shall mean one or more grave spaces set aside for the burial in a vault not more than 4 feet in length.

10    Interment: shall mean the permanent disposition of the remains of a deceased person by cremation with inurnment, entombment or burial. Traditional interment shall mean a Full burial in Earth.

11    Interment Right(s):  shall mean the Owner’s right of interment comprising burial rights or entombment.

12    Lawn Crypt:  shall mean a designated garden area in which the vaults are preset for single or double depth burial and all memorials are flush mount.

13    Lot: shall mean a single grave space and apply to numbered divisions as shown on the plat maps for the burial purposes only of the human dead.

14    Memorial:  shall mean any marker or structure upon or in any lot or niche, placed thereupon or therein or partially therein for the purpose of identification or in memory of the interred.

15    Owner:  shall mean the Owner of rights of interment.

16    Perpetual Care:  shall mean the obligation of the Cemetery to maintain and care for the Cemetery from the net annual income on the Perpetual Care trust fund.

17    Sexton: shall mean the person or persons duly appointed by the Directors for the administration and care of the Cemetery.  Interchangeable with Cemetery Management.

18    Space:  the term shall apply to an area of sufficient size to accommodate one interment. “Space” shall be determined by the type of burial; i.e. Adult, infant, ashes.  The size of the space needed shall be determined by Cemetery Management.

ARTICLE II – ADOPTION
1    Application: All Owners and visitors within the Cemetery and all lots sold, shall be subject to these Rules and Regulations, and subject, further to such other Rules and Regulations, amendments or alterations as shall be adopted by the Cemetery from time to time.  Reference to these Rules and Regulations in the Certificate of Ownership to a lot shall have the same force and effect as if set forth in full therein.  These Rules and Regulations shall apply to any person, firm, corporation, association, club, partnership, society, or any other form of association or organization.

2    Waiver:  The Cemetery at its sole discretion, may modify, suspend, repeal, or amend the provisions of these Rules and Regulations in whole or in part.  Exceptions to these Rules and Regulations may be made by Cemetery Management or the Directors of the Cemetery.

3    Severability:  It is the intent of the Cemetery that if any portion of these Rules and Regulations is held to be invalid or unconstitutional, such invalidity shall not affect the validity of the remaining sections or parts.

ARTICLE I – DECLARATION
The Directors of Brookland Cemetery desire to continue to make the Cemetery a quiet, beautiful, sacred place, a symbol of love and faith and maintained in the best possible manner.  To this end, for the mutual protection of lot Owners, and for the proper conduct and good order of the Cemetery, the following Rules and Regulations have been adopted.