Newcastle Memorial Gardens Cemetery

Section C: Lots and Lot Owners

Persons desiring to purchase lots should schedule an appointment with Newcastle Memorial Gardens management for assistance in making a selection. Payment is made to the City of Newcastle, and a receipt and Certificate of Ownership will be issued upon receipt.

• The City reserves the right to dictate which contractors are allowed to open and close graves within the cemetery.
• Once a valid transfer deed is presented for resale or inheritance of lots, a new deed can be issued at City Hall.
• No lot shall be used for any purpose other than the burial of human remains.
• Lot owners shall not allow interments in their lots in return for remuneration of any kind unless there has been a properly executed transfer deed.
• No easement or right of interment is granted to any property owner in any road, drive, alley, or walk within the cemetery. These may only be used for access.
• The cemetery reserves the right to re-plot, enlarge, reduce, or change the boundaries of any section, and may also modify or remove roads, drives, or walks.
• Management will take all reasonable precautions to protect the property rights of lot owners, but the cemetery and City of Newcastle disclaim responsibility for loss or damage beyond their control.
• It is the duty of the lot owner to notify management of any change in address. In the event of the owner's death, the heirs must notify management for a transfer deed to be issued.
• All rules, regulations, and amendments thereto constitute the sole agreement between the cemetery and the property owner.

Descriptions of lots will be in accordance with cemetery records kept on file at the City of Newcastle. In the event of any errors in interments or deed transfers, the cemetery reserves the right to correct the mistake, which may include moving the remains or transferring ownership to a lot of equal value.

Section D: Care of Lots

The general care of the cemetery is assured by management, including mowing, raking, cleaning of the grounds, and pruning of shrubs and trees that may be placed by management.

• General care does not include maintenance, repair, or replacement of any memorial placed or erected upon lots.
• It also does not cover any special or unusual work, including work required due to impoverishment of the soil.
• General care includes reconstruction of any marble or granite work on sections or lots placed by management if damaged by elements, vandals, or unavoidable accidents.

Management is not responsible for damages caused by the elements, an act of God, vandals, explosions, unavoidable accidents, insurrections, or by any military or civil authority, unless the damage was caused by actions performed by management itself.

Section E: Descent of Title Rules

The laws of the State of Oklahoma govern the descent of title to cemetery lots, as well as matters pertaining to assignments, conveyances, devises, trust deeds, and inalienability, except by a court order from a court with competent jurisdiction.

Section F: Interment Rules

• Interments will be allowed from 8:00 a.m. to 4:00 p.m. daily, except Sundays, Saturday afternoons after 3:00 p.m., and city-observed holidays.
• A burial order must be obtained from the City before interment can proceed, and all interment fees must be paid to the City prior to the burial.
• Two or more bodies may not be buried in one grave, except in the case of a parent and infant or two cremated remains.
• Cemetery personnel are the only individuals allowed to open graves, except in special cases involving court orders or the coroner.
• Graves will not be mounded. Any settlement of the soil after interment will be addressed by cemetery staff during routine maintenance.
• Cremated remains do not require an outer container for burial.

All interments, disinterments, and removals must comply with the orders and laws of properly constituted public authorities. The cemetery reserves the right to make corrections in the event of any mistake regarding interments or burial spaces.

In cases of disinterment, a certified court order or authorization from the coroner is required, and cemetery personnel must be notified in advance.

Section G: Plants and Shrubs

The cemetery will maintain the planting of trees and shrubs provided by the City of Newcastle, but does not take responsibility for the placement or maintenance of individual plants, vases, or urns.

• Glass jars, tin cans, and similar containers for floral bouquets are prohibited.
• Rocks, wire stakes, or other objects used to secure decorations that cause maintenance problems are also prohibited.

Floral pieces from funeral services will be removed one week after the service or earlier if they become unsightly. Artificial flowers, wreaths, and potted plants may be placed during the period from December 1 to March 1, but will be removed when their appearance becomes unsightly or after March 1.

Section H: Construction or Pre-Construction Items

No lot or part of the cemetery shall be enclosed by any curbing, fencing, bird baths, benches, hedging, or other obstructions or structures.

• The City of Newcastle, through its cemetery management, reserves the right to remove any items placed on a lot or burial space that violates this regulation.
• Above-ground crypts, mausoleums, or grave covers such as concrete, marble, or granite shall not be erected or constructed within the cemetery.
• Existing structures must be maintained by the lot owners, and management reserves the right to give permission for grave covers if they meet all requirements set by management.
• All monuments requiring construction or forming of a base must be approved by cemetery management before placement.
• Any monument exceeding four (4) feet in height must be cleared with management before purchase and placement in the cemetery.

Section I: Enforcement of Rules and Regulations

Management is empowered to enforce all rules and regulations and may exclude from the cemetery any person(s) violating the same. Management shall have charge of the grounds and buildings, including the conducting of funerals, traffic, personnel, property owners, and visitors, and shall supervise and control all persons and property within the cemetery at all times.

• Management is authorized to make temporary additional rules as necessary to meet emergencies not covered by these regulations.
• Any exceptions, suspensions, or modifications to these rules may be granted at the discretion of management without notice.
• The City of Newcastle reserves the right to amend, alter, or repeal any regulation at any time and without notice.
• Management reserves the right to correct errors made by cemetery personnel, including those related to interments, transfers, or conveyances.

Section A: Definitions

Cemetery: The term cemetery is defined as a burial park for human interments and for cinerary interments.

Certificate of Ownership: The term certificate of ownership applies to the original deed given by the City of Newcastle to the purchasers of space(s) and/or lot(s).

Cemetery Office: The term cemetery office means City Hall or any other office designated by the Newcastle City Council to manage the cemetery.

Interment: The term interment means the permanent disposition of the remains of a deceased person by cremation or burial.

Lot: The term lot applies to numbered divisions as shown on the recorded plat, which consists of one or more spaces.

Lot Marker: A marble, granite, or similar marker used to locate the corners of the lot or space at ground level.

Lot Pin: An iron or other type of pin used by cemetery personnel to locate corners of the lot or space below ground level.

Management: The person or board appointed by the City of Newcastle to oversee the cemetery.

Marker: A memorial flush with the ground.

Mausoleum: A free-standing building constructed as a monument enclosing the interment space or burial chamber of a deceased person or persons.

Memorial: A monument, marker, tablet, or headstone for family use.

Monument: A tombstone or memorial that extends above the surface of the ground.

Right of Second Interment: The right to permanently dispose of the cremated remains of two persons in one cemetery space.

Space: An area sufficient to accommodate one adult interment, measuring four by ten feet.

Transfer Deed: A document issued by the City of Newcastle when ownership of a lot is transferred from one individual to another.

Amendments

• City Council approval of $750.00 lot price on August 9, 2010.
• City Council approval of $1,000.00 lot price on August 12, 2024.
• City Management designated that the Groundskeeper may dig a cremains grave for a charge of $100.
• City Management approved a $100 staking fee, with no charge incurred when the headstone is delivered (Per Nick Nazar, January 23, 2013).
• Cremations amendments added to Pages 7–8 on July 18, 2011.