IC 23-14-46
    Chapter 46. Cemetery Rules and Regulations and ExclusiveRights

IC 23-14-46-1
Powers of owner
    Sec. 1. (a) Subject to subsection (b), the owner of a cemetery:
        (1) may make, adopt, and enforce rules and regulations:
            (A) for the use, care, control, management, restriction, andprotection of all parts and subdivisions of the cemetery;
            (B) for restricting, limiting, and regulating the use of allproperty within the cemetery;
            (C) for regulating the care of plants or shrubs within thegrounds and preventing the introduction of certain types ofplants or shrubs;
            (D) for regulating the conduct of persons and preventingimproper assemblages in the cemetery; and
            (E) for all other purposes considered necessary by the ownerof the cemetery for the proper conduct of the business of thecemetery and the protection and safeguarding of thepremises and the principles, plans, and ideals on which thecemetery was organized; and
        (2) may periodically amend, add to, revise, change, modify, orabolish the rules and regulations.
    (b) A cemetery to which this chapter applies may not adopt a ruleor regulation in conflict with IC 23-14-33 through IC 23-14-57,except as expressly permitted by IC 23-14-39, IC 23-14-40, orIC 23-14-41.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-2
Penalties for rule violation
    Sec. 2. The owner of a cemetery may:
        (1) prescribe penalties for the violation of a rule or regulationadopted under section 1 of this chapter; and
        (2) recover penalties prescribed under subdivision (1) in a civilaction.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-3
Requirements
    Sec. 3. Rules and regulations adopted by a cemetery under section1 of this chapter shall be:
        (1) plainly printed or typewritten; and
        (2) kept available for inspection and copying at the usual placefor transacting the regular business of the cemetery.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-4
Restrictions on imposition of monetary penalty    Sec. 4. The owner of a cemetery may not, because of thenonpayment of periodic care charges, impose a monetary penalty thatattaches against a burial space if:
        (1) the burial space was conveyed by the cemetery after June14, 1939, and the conveyance was subject to IC 23-14-48 orIC 23-14-1-12 (before its repeal); or
        (2) the owner of the burial space or the owner's heirs orrepresentatives can document previous payment of perpetualcare or endowed care charges.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-5
Restrictions on public notice
    Sec. 5. A public notice, including a notice of nonpayment, maynot be attached to any lot, grave, gravestone, marker, or memorialupon a lot for the purpose of enforcing a penalty for the nonpaymentof perpetual care charges.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-6
Powers and duties of person in charge of cemetery
    Sec. 6. The sexton, superintendent, manager, director, or otherperson in charge of a cemetery has the same powers, functions,duties, and authority granted by law to a peace officer within thejurisdiction in which the cemetery is located for the purpose of:
        (1) maintaining order; and
        (2) enforcing:
            (A) the rules and regulations of the cemetery;
            (B) the laws of Indiana; and
            (C) the ordinances of the city or town in which the cemeteryis situated;
        within the cemetery and within an area immediately outside thecemetery as large as necessary to protect the property of thecemetery.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-7
Exclusive rights of owner
    Sec. 7. Because the owner of a cemetery is responsible for theperformance of the care and maintenance of the cemetery, a cemeteryowner has the exclusive right to:
        (1) open and close a grave or grave space, burial space, crypt,or niche in the cemetery;
        (2) set or install a:
            (A) marker;
            (B) monument; or
            (C) any type of memorial;
        in the cemetery; and
        (3) install any kind of foundation or other type of base for themarker, monument, or any type of memorial in the cemetery.This exclusive right may also be exercised by the authorizedrepresentative of the owner of the cemetery.
As added by P.L.52-1997, SEC.20.

IC 23-14-46-8
Violation of chapter; Class B misdemeanor
    Sec. 8. A person who knowingly violates this chapter commits aClass B misdemeanor.
As added by P.L.52-1997, SEC.20.