Our Cemetery

Rules & Regulations

Understanding and respecting our cemetery’s rules and regulations ensures a serene and orderly environment for all. These guidelines help maintain the dignity of the grounds and provide clarity for families when planning burials or visits. We encourage all families to review these important details to ensure a respectful experience.

For the mutual benefit and protection of every lot purchased in the above named cemetery, the

following Rules and Regulations are hereby adopted, approved, and put into effect. Other rules, regulations, amendments, or alterations adopted from time to time by the Cemetery Trustees shall be applicable to all lot owners, visitors, tradesmen, contractors, employees, and uninvited guests.


Definitions of Terms


  • BURIAL SPACE/PLOT/LOT: As used herein means a grave space, crypt space, or niche.
  • MEMORIAL: A marker, niche plate, or monument.
  • MARKER: A memorial or name plate made of bronze flush with the ground.
  • INTERMENT: The permanent disposition of human remains by burial, entombment, or inurnment.
  • FAMILY: Those persons residing in one household and descended from a common ancestor.
  • IMMEDIATE FAMILY: Husband and wife and their children whether living together or not.
  • MANAGEMENT: As used herein means this Cemetery, it’s duly authorized officers, employees, successors, and assignees.
  • CEMETERY GROUNDS: That property within the legal boundary lines of the cemetery.
  • COMMITTAL SERVICE: The ritual or ceremony near the grave, crypt, or niche where the remains are committed to their final resting place.


General Supervision


OWNERSHIP: PREBLE MEMORY GARDENS CEMETERY is a private institution and as such it retains to itself, for the benefit of all lot owners, full, complete, and undisputed 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, regulations, and restrictions not inconsistent with the laws of the State of Ohio.


CONTROL OF WORK: All landscape work, improvements of any kind, care of spaces, opening and closing of graves, interments, disinterments or removals, and marker placements from outside companies, shall be performed by Preble Memory Gardens Cemetery employees and/or supervised by Preble Memory Gardens Cemetery management personnel.


RIGHT TO REPLAT: The right to enlarge, reduce, replat, or change the boundaries or grading of the cemetery or of any section or sections, or any parkways therein from time to time, including the right to modify or change the location of, or remove/regrade roads, drives, walks, parkways, gardens, or any part thereof, is hereby expressly reserved.


RIGHT TO CHANGE DRAINAGE: The right to lay, maintain and operate, or to alter or change pipe lines, gutters, sprinkling systems, drainage, lakes, etc. is expressly reserved.


ADMISSION TO GARDENS: Preble Memory Gardens Cemetery reserves the right to refuse admission to anyone not a lot owner and to refuse the use of any of the cemetery facilities at any time to any person or persons whom they deem objectionable to the best interest of the Cemetery.


Property Owners


CHANGE OF ADDRESS: It shall be the duty of every lot owner to keep the Cemetery fully informed as to his or her mailing address and to notify said Cemetery as to any changes thereof. Notice sent to any lot owner at the last registered address on file in the office of the Cemetery shall be considered sufficient and proper legal notice.


PROPERTY RIGHTS OF LOT OWNERS: All lots or burial spaces conveyed heretofore and hereafter shall be resumed to be the sole and separate property of the person or persons named as grantee in the instrument of conveyance subject to these rules, regulations, and restrictions; provided, however, that the husband or wife shall have vested right of interment of his or her body in any burial lot or interment space conveyed to the other, which right shall continue as long as he or she shall remain the husband or wife of the lot owner or shall be his or her wife or husband at the time of such lot owner’s time of death, and no conveyance or other action, without written rights of interment; provided, however, that a final decree of divorce between them shall terminate such vested right of interment unless it shall be otherwise provided by such decree of divorce.


JOINT TENANTS: In all conveyances to two or more persons as joint tenants, each shall have a vested right to interment of his or her remains in the plot so conveyed. Upon the death of a joint tenant, right or title in and to the burial plot so held, immediately vests in the survivor or survivors, subject to the vested rights to interment for the remains of the deceased joint tenant owner. This vested right of interment of the remains of a joint tenant may be waived and shall be terminated upon the interment of such remains elsewhere.


OFFICIAL RECORDS: The official records of lot owners shall be maintained by the Cemetery at its designated office and each lot owner shall be registered by name and address. Such registration shall be the final governing record in the determination of lot ownership.


RIGHT OF DECENT: If no interment has been made in a space which has been transferred using the Right of Interment or other instrument to an individual, by the Cemetery or its predecessors, it will be passed down to the descend family in line of succession to the heirs at the law states, in regards to the owner.


INALIENABILITY BY INTERMENT: All plots, the use of which has been conveyed by deed or certificate of ownership as a separate plot, are indivisible except with the consent of the Cemetery Management or as provided by law.


Whenever an interment of the remains of a member, or of a relative of a member of the family of the record owner or of the remains of the record owner is made in a plot transferred by deed or certificate of ownership to an individual owner and the owner dies without making disposition of the plot either in his will by a specific device, or by a written declaration filed and recorded in the office of the Cemetery, the plot thereby becomes inalienable and shall be held as the family plot of the owner.


In the family plot, one grave, niche, or crypt may be used for the owner’s interment; one for the owner’s surviving spouse, if any, who by law has a vested right of interment in it; and in those remaining, if any, the parents and children of the deceased owner in order of death, may be interred without the consent of any person claiming any interest in said space.


RIGHT TO INGRESS AND EGRESS RESERVED: The Cemetery reserves to itself and to those lawfully within the Cemetery, a perpetual right of ingress and egress over spaces for the passage to and from other spaces.


NO SUB-DIVISION: Individuals may not sub-divide their spaces without consent of the Cemetery and the burial of the remains of any person not having an interest therein shall be prohibited except when the written consent of all the owners registered on the books of the Cemetery shall have been obtained and approved.


NO RIGHT GRANTED IN ALLEYWAYS: No easement is granted to any lot owner in any road, drive, alley, or walk within the gardens, but such road, drive, alley, or walk may be used as a means of access to the garden or buildings as long as the Cemetery devotes same to that purpose.


Rules for Transfer of Ownership


METHOD OF TRANSFER: The transfer of ownership or interment rights or any interest in any space shall be made only on forms provided by the Cemetery.


CONSENT AND APPROVAL: No transfer or assignment of any space or interest therein shall be made without the consent of the Cemetery. Such transfer or assignment shall be recorded on the books of the Cemetery.


INDEBTEDNESS: The Cemetery may at its option refuse to consent to a transfer or assignment of any cemetery lot, or burial space so long as there is any indebtedness due thereon by the registered owner thereof.


TRANSFER CHARGES: All transfers or assignments of ownership of any space shall be subject to a charge fixed by the Cemetery, which must be paid when the transfer or assignment is received for filing by the Cemetery.


Rules for Interments


SUBJECT TO LAWS*: Besides being subject to these rules and regulations, all interments, disinterment, and removals are made subject to the orders and laws of the properly constituted authorities of the State of Ohio.


*NOTICE: The right is reserved by the Cemetery to insist upon at least seventy–two hours (3 day) notice prior to any interment.


APPLICATION FOR INTERMENT: The Cemetery reserves the right to refuse to open any burial space for any purpose except on written application by the Lot owner of record on forms provided by the Cemetery and duly filed at the office of the Cemetery.


TELEPHONE REQUEST: The Cemetery shall not be held responsible for any order given by telephone or for any mistake occurring from the lack of precise instructions as to the particular space, size, and location where interment is desired.


AUTHORIZATION FROM ONE OWNER: The Cemetery reserves the right to make an interment of any member of the immediate family or any one of joint or several plot owners upon written authorization. No other person may be interred in any plot without the written consent of all those plot owners who are recorded as such on the books of the Cemetery.


TIME: All interments, disinterment, and removals must be arranged in advance.


HOLIDAYS: No interments, disinterment, removals, or interment service shall be permitted on Easter, Thanksgiving, or Christmas.


ERRORS MAY BE CORRECTED: The Cemetery reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterment, or removals or in the description, transfer or conveyance of any interment property, either by cancelling such conveyance and in lieu thereof substituting and conveying other interment property of equal value and similar location as far as possible, or as may be selected by the Cemetery. In the event such error shall involve the interment of the remains of any person in such property, the Cemetery reserves and shall have the right to remove and/or transfer such remains so interred to such other property of equal value and similar location as be substituted and conveyed in lieu thereof. The Cemetery shall also have the right to correct any errors made by placing an improper description, including an incorrect name or date, either on the memorial or on the container / Urn Vault for cremated remains.


DELAY FROM PROTEST: The Cemetery shall in no way be 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. The Cemetery shall be under no duty to recognize any protests of interments unless they are in writing and filed in the office of the Cemetery.


NO INTERMENT UNLESS PROPERTY IS PAID FOR: No interment shall be permitted or memorial placed in or on any property not fully paid for except by special consent of the Cemetery in writing in each case, the interment shall be considered as temporary. A promissory note shall not be considered as payment and no rights shall be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash, including principal and interest. If the purchaser of said property shall fail to meet all payments within thirty days (30) after the same are demanded by the Cemetery, the Cemetery may reenter said property and hold the same as of its former estate. The Cemetery thereupon shall be released from all obligations thereunder and it may retain such payments as may have been made toward the purchase of such property as liquidated damages.


MORE THAN ONE BODY: Not more than one body, or the remains of more than one body, shall be interred in one grave, vault, crypt, or niche unless such grave, vault, crypt, or niche has been purchased with the written agreement that more than one body, or the remains of more than one body may be interred except by written consent of the Cemetery. Upon approval of more than one burial per space, a second right of interment will go into effect at a cost determined by the cemetery.


MUST USE VAULT: With the exception of the Conservation Green Burial, or Natural Burial, every earth interment shall be made within a concrete, steel, fiberglass, copper, bronze, or polypropylene vault. For Cremains burials, an Urn Vault is required by the Cemetery as of 10/01/2023.


UNDERGROUND VAULTS: All vaults shall be placed below the surface of the ground. Exposed top vaults are prohibited.


CHARGES: The Cemetery reserves the right to fix its charges for interment services. Said charges must be paid prior to internment.


LOCATION OF INTERMENT SPACE: When the instructions regarding the location of an interment space cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the SUPERINTENDENT may, in his/her discretion, open it in such location in the space as he/she deems best and proper, so as not to delay the funeral; and the Cemetery shall not be liable in damages for any error so made.


Rules for Disinterments and Removals


CARE IN REMOVAL: The Cemetery shall exercise the utmost care in making a removal but it shall assume no liability for damage incurred to any casket, burial vault, or urn when making the removal.


AUTHORIZATION: A body may be removed from its burial place only upon written request and authority from the legal representative of the deceased and in accord with those laws pertaining to disinterment or exhumation.


Superintendent in Charge


GENERAL CHARGE: The superintendent shall oversee the premises, employees, and work subject only to the instructions, orders, and directions of the Cemetery.


FUNERALS: All funerals upon reaching the Cemetery shall be under the charge and supervision of the superintendent, assistant, or designated officer of the Cemetery.


ENFORCE RULES: The superintendent or his/her assistant is hereby empowered to enforce all rules and regulations and to exclude from the property any person violating the same. The superintendent shall have charge of the grounds and buildings, and always have supervision and control of all persons in the Cemetery, including the conduct of funerals, traffic, employees, plot owners, and visitors.


POLICE POWER: The superintendent and his assistant are vested with those police powers as set forth by State Statutes.


PERMITS: The superintendent must insist on proper permits for interment, disinterment, or exhumation.


Rules for Conduct of Persons


LIABILITY: Persons not employed by the Cemetery shall in no way hold the Cemetery liable for any injuries sustained while on any portion of Cemetery grounds.


LOUD TALKING: No loud talking shall be permitted on the grounds of the Cemetery within hearing distance of committal services.


PEDDLING AND SOLICITING: Peddling of flowers or plants or soliciting the sale of any commodity, other than by the Cemetery is positively prohibited within the confines of the Cemetery.


ADVERTISING: No signs or notices or advertisements of any kind shall be allowed in the Cemetery or on premises surrounding unless placed and authorized by the Cemetery.


PETS: All pets must be on a leash or crated when on Cemetery property. Failure to abide by this rule will result in asking the pet owner to remove said pet from the Cemetery grounds.


IMPROPRIETIES: It is of the utmost importance that there shall be strict observance of all the proprieties of the Cemetery, whether embraced in these rules or not, as no improprieties shall be allowed. The superintendent shall have power to prevent improper assemblages.


RUBBISH: The throwing of rubbish on the drives, paths, walks, or any part of the grounds or in the buildings is prohibited; receptacles for waste material are located at convenient places.


AUTOMOBILES: Automobiles shall not be driven within the Cemetery, at a speed greater than twenty miles per hour and should always, whether moving or not, be kept on the right side of the roadway.


Rules for Decorations


FLOWER RECEPTACLES: Permanent flower receptacles must be approved by the Cemetery. The Cemetery shall have the authority to remove all floral designs, flowers, weeds, trees, shrubs, plants, and herbage or ornaments of any kind as soon as, in the judgment of the superintendent, they become unsightly, dangerous, detrimental, or diseased or when they do not conform to the standard maintained. The Cemetery shall not be liable for floral pieces, baskets, or frames in which, or to which, such floral pieces were attached beyond the acceptance of such floral pieces for committal services held in the Cemetery. The Cemetery shall not be liable for lost, misplaced, or broken flower vases. The Cemetery shall not be responsible for frozen plants or herbage of any kind or for plantings damaged by the elements, thieves, vandals, or by other causes beyond its control. The Cemetery reserves the right to regulate the methods of decorating plots so that a uniform beauty may be maintained.


CERTAIN ORNAMENTS PROHIBITED: The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, vases, glass, language, and iron cases are prohibited. Similar articles upon spaces, walks, casements, or roads shall not be permitted. If so placed, the Cemetery reserves the right to remove the same.


DECORATION LIMITATION: Flowers must be limited to flower receptacles (vases) that are part of the marker during the mowing season. Items are limited to three (3) per marker. This may include 1 shepherds hook and two additional items that must be able to sit on the marker. NO fences, additional rocks, glass, or stones are allowed. Any additional decorations placed during the non-mowing season NOT removed by March 1st will be removed by the Cemetery.


CLEANUP DATES: (as weather & time permits)

  • February 1st All Winter/Christmas decorations removed.
  • May 1st Cemetery Sextons will do a spring cleanup and remove all torn, tattered, faded, and broken items.
  • October 1st Cemetery Sextons will do a fall cleanup and removal, the same as the spring cleanup.
  • December 1st All Fall decorations will be removed in preparation for Christmas.


IT IS YOUR RESPONSIBILITY TO MAINTAIN WHAT IS PLACED ON THE MARKER. IT IS ALSO YOUR RESPONSIBILITY TO REMOVE ITEMS BY THE ABOVE DATE OR WE WILL REMOVE THEM FOR YOU.


EXCEPTIONS: Additional decorations may be placed and left on the grave for TWO (2) weeks for the following holidays: Easter, Mother’s Day, Memorial Day, and Father’s Day and July 4th.


Care and Maintenance


You (the Family) own your marker, not the Cemetery. It is your responsibility to clean and maintain your memorial marker. If you wish to have the cemetery maintain your marker, please ask a staff member about our maintenance program.


CARE AS TO SPACES: The term “care and maintenance” is used herein with reference to lots and burial spaces within the Cemetery. Care and Maintenance shall be held to mean: (1) cutting of the grass at least 1 time during mowing season, not more than 10 days apart. (2) Raking, weed eating, trimming and cleaning at reasonable intervals, at least 1 x per month. (3) Reseeding or resodding, if necessary, and (4) Keeping of grave markers in place.


GENERAL CARE: The term “care and maintenance” as used herein shall be held to mean the general preservation of the roads, walks, fences, buildings, plantings, features of art, and the pruning of shrubs and trees that may have been placed by the Cemetery.


EXCEPTIONS: The term “care and maintenance” shall not be construed as meaning the maintenance, repair, or resetting of any grave markers or memorials placed upon any individually owned lot or grave space, unless same was originally purchased through the Cemetery or unless the seller thereof previously guaranteed maintenance by the deposit of funds with the Cemetery for such purposes. Neither does the term “care and maintenance” mean the doing of any special or unusual work in any section of the Cemetery, or the repair or rebuilding of any structure, building, or utility damaged by the elements an Act of God, common enemies, thieves, vandals, strikes, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by order of any Military or Civil Authority, whether the damage be direct or collateral, other than as herein provided.


CARE FUND: To provide for future care and maintenance of the Cemetery and the lots, plots, and burial spaces therein, the Cemetery has established, created, and provided a perpetual care Trust Fund as required by State Statutes.


GIFTS, DEVICES, AND REQUESTS: Nothing in these rules and regulations shall prohibit gifts, donations, devices, or bequests of money, funds, securities, or property for the general or special care or maintenance of the Cemetery, of any lot, plot, or burial space therein, or any improvement thereon.


Rules for Memorials and Markers


TYPE OF MARKERS PERMITTED: Only a Bronze Marker that is attached to a Concrete or Granite base, which is approved by the Cemetery as to size, design, specifications, quality, material, style, lettering, finish, workmanship and uniformity and guaranteed as to maintenance and replacement, shall be permitted. Single markers must be set level with the ground at each grave. No marker may be set to embrace two or more lots except in case of a family marker approved by the Cemetery nor shall two or more inscriptions be permitted on one marker unless specifically permitted by the Cemetery. Upright Granite Markers or Benches are permitted in the Garden of Serenity with pre-approval. Bronze plaques are permitted on the mausoleum and must be purchased with the sale of the crypt. Natural burials are permitted with a Boulder as the marker and will be engraved. There are no ground markers in the Green Burial, other than the Bronze Plaque that is placed on the Memorial Sign, located within the Green Burial Area.


FOUNDATION AND PLACEMENT: All foundations shall be placed according to Cemetery procedures, the charges for which shall be paid for in advance.


APPLICATION AND APPROVAL: Application for the installation of a marker and the approval thereof by the Cemetery shall be made in writing on forms provided by the Cemetery and signed by the lot owner. Such application shall be supported by design, specifications, blueprint, details, warranty, and guarantee as to replacement and maintenance as is required by the Cemetery.


PRESERVATION: To preserve uniform style, beauty, and landscaping, the Cemetery reserves to itself the right to designate and specify the type and design of markers that shall be placed exclusively used in any section, block, or garden.


ERROR IN PLACING: The Cemetery reserves and shall have the right to correct any error that may be made by its employees, or by any other person or persons, in the location or placing of a memorial or marker.


NOT PERMITTED: There will be no coping, curbing, fencing, hedging grave mounds, borders, or enclosures of any kind allowed around any lot or ground space, and no walks or brick, chat, cinders, tile, stone, marble, terra-cotta, sand, cement, gravel, or wood shall be allowed on any lot or thereabouts.


General Rules


UNFAMILIAR SIGNATURES: The Cemetery reserves the right to require any or all signatures to be notarized.


FINAL DECISION: In the event of a misunderstanding or dispute as to the meaning of any of these rules or regulations, the decision of the Cemetery shall be final.


TRUST CONVEYANCE: Lots, plots, and interment spaces may be conveyed in trust to the Cemetery by the owner thereof with specific instructions as to just who shall be interred therein.


GRATUITIES MAY NOT BE ACCEPTED: No person, while employed by the Cemetery, shall receive any fee, gratuity, or commission, except from the Cemetery either directly or indirectly, under penalty of immediate dismissal.


DAMAGE BY CONTRACTORS: Any damage done to lots, plots, grave spaces, walks, drives, trees, shrubs, or other property of the Cemetery by outside workmen, contractors, or dealers, or their agents or employees shall be repaired by the offender, and if not so repaired within five days upon demand, then by the Cemetery at the cost and expense of said offender.


CEMETERY NOT RESPONSIBLE: The Cemetery shall take reasonable precautions to protect lot owners and the property right of lot owners within the Cemetery from loss or damage; but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control and especially from damage caused by the elements, an Act of God, common enemies, thieves, 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 is herein provided.


Sole Agreement


STATEMENTS OR SALES AGENTS: The purchase contract, Interment Rights, the funeral contract agreement, and these rules and regulations, including any amendments hereto, shall constitute the sole agreement between the Cemetery and any lot, or burial space owner. No other statement or promise by any officer, employee, or sales agent shall be binding on the Cemetery.


Modifications and Amendments


EXCEPTIONS AND MODIFICATIONS: Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship, in which case the Cemetery reserves the right, without notice, to make exceptions, suspensions, or modifications in any of these rules and regulations when, in its judgment, the same appears advisable and when such temporary exception, suspension, or modifications shall in no way be construed as affecting the general application of such rule.


AMENDMENTS: The Cemetery may, and it hereby expressly reserves the right, at any time or times, to adopt new rules or to amend, alter, or repeal any rule, regulations, or article, section, paragraph, or sentence in these rules and regulations.