Statutes on the use of the Zahn family cemetery

The Zahn'sche Familienverband Moers e.V. has maintained the private cemetery of the Zahn family in Moers-Vinn (Venloer Straße / Vinner Straße, 47447 Moers) since 1939. Permission to bury members of the Zahn family on this property dates back to a permit granted by Prussian King Friedrich Wilhelm IV in 1853. The Zahn ́sche family cemetery is private property.

The cemetery serves as a dignified resting place for the deceased descendants of Franz Ludwig Zahn (*1798 in Wasserthaleben † 1890 in Moers) and their spouses or partners and for the preservation of their memory.

Only deceased persons who are descendants of Franz Ludwig Zahn or their spouses or partners and who were members of the Zahn Family Association can be buried in the cemetery. Exceptions are possible, but must be decided by the general meeting of the Zahn'schen Familienverband.

(1) The cemetery shall be administered and maintained by the board or an authorized representative of Zahn'schen Familienverband e.V. Moers. (2) The occupancy plan and the occupancy list shall be maintained by the board in such a way that it can be determined at any time with whom which grave was occupied and when, and who the grave usufructuaries for free gravesites are, as well as which free gravesites exist. (3) The occupancy plan shall be updated as required, the occupancy list shall be updated on an ongoing basis and one copy shall be provided to the cemetery office of the City of Moers.

(1) The cemetery is open all day. The opening hours are limited to the daytime.

(1) In the event of a death, the cemetery office of the city of Moers is to be notified and the burial is to be carried out in accordance with the legal regulations of the burial law, the provisions of the cemetery statutes of the city of Moers and these cemetery statutes. (2) the Board of Management is to be informed of the death and the date of the funeral in good time.

(1) Graves in the sense of these statutes are

(1) If a deceased person is buried in the family cemetery, he occupies a permanent grave site.
(2) The beneficiary of a reserved gravesite (§ 12) must ensure that, in the event of his or her death, one or more descendants or authorized representatives pay the annual grave maintenance fee (see fee schedule) for a period of at least 25 years.
(3) Item 2 replaces the previous family practice of "living graves," under which the spouses, parents, siblings, or descendants of the deceased assume the grave fees in the 1st generation, and the obligation to pay ceases from the 2nd generation onward.
(4) If the deceased did not make a corresponding disposition during his lifetime, the person who commissions the burial must enter into this obligation and, if necessary, find an arrangement with the descendants or next of kin for the future payments of the grave fees. (5) This arrangement must be bindingly declared in writing to the Board by all persons involved in it before the gravesite is released.
(6) It shall be at the discretion of the descendants of a deceased person whether they wish to continue to retain responsibility for the grave markers of their deceased beyond the above-mentioned period for which payment is required, and thus whether they wish to continue to pay the grave fees.
(7) If a grave fee is no longer paid for a grave site, the right of use, the responsibility for this grave site and the ownership of the grave marker located on it shall revert to the Zahn ́s family association.

(1) A right of use can be acquired in the form of a grave reservation for a specific grave site. (see occupancy plan)
(2) The right to use the gravesites is granted to individual natural persons and is subject to an annual reservation fee.
(3) Grave reservations are only possible for members of the Zahn ́sche Familienverband. (4) In case of non-payment, the entitlement to the grave reservation is lost.
(5) A grave reservation may only be cancelled at the end of the year with effect for the year following the cancellation. The obligation to pay fees for the current year shall continue to apply.
(6) Any change in the address of the authorized user must be reported to the Executive Board without delay.
(7) The Board of Directors may change the position of the reserved gravesite for good cause and after consultation with the beneficiary. This may become necessary in order to maintain the usability of the cemetery.
(8) A refund claim for grave reservation fees already paid is excluded in principle.

(1) The goal is a landscaped and horticultural design of the cemetery as a contiguous garden area.
(2) Plantings of all kinds, also on and next to the graves, shall be carried out exclusively by the authorized representatives of the Board.
(3) Enclosures, borders and individual planting of the gravesites are not permitted.

(1) Gravestones and other structures must be in accordance with the purpose of the cemetery. They must be designed in such a way that the dignity of the cemetery as the resting place of the deceased is preserved.
(2) the specifications for the size and material of the gravestones are based on the cemetery statutes of the city of Moers. They may not exceed the width of the grave as well as the height of 1.20 meters. Exceptions are some of the already existing gravestones.
(3) The gravestones should be aligned with the existing gravestones in terms of material, size and design so that the cohesive effect of the cemetery complex is maintained. Preferably, natural stones or crosses made of natural stone should be used.
(4) Gravestones with a shiny (polished) and/or (artificially) colored surface, whether lying or standing, are not permitted.
(5) The Board of Directors is entitled to demand changes to the gravestone design in the event of deviations from the specifications formulated under (1) - (4).

(1) The erection of grave markers or their alteration requires - without prejudice to other regulations - the prior written permission of the Board. The Board of Directors is entitled, insofar as this is necessary to protect the rights of others and the purpose of the cemetery requires it, to issue orders relating to structural installations.
(2) Permission must be applied for in good time before the grave monument is made or altered by the person entitled to use the grave or his representative.
(4) The corresponding provisions of the cemetery statutes of the city of Moers shall apply to the construction regulations for the erection and maintenance of grave monuments beyond the provisions of these statutes.
(3) Gravestones erected without permission shall be removed in accordance with the provisions set forth in the cemetery statutes of the City of Moers.
(4) Temporary grave markers that do not require a permit are permitted only as natural glazed wooden plaques or crosses and may not be used for more than one year after burial.

(1) The erection of memorial stones for deceased persons who are not buried in the Zahn Family Cemetery is permitted only in individual cases and requires prior approval by the Board.
(2) The installation of memorial stones is charged with a one-time fee (see fee schedule).
(3.) The Board reserves the right to decide on the placement of memorial stones in the cemetery. It is entitled to move memorial stones to a place other than their original location if necessary.
(4) Memorial plaques of bronze or comparable metal may be placed on the cemetery wall (inside) for deceased relatives who are not buried in the family cemetery. Uniform dimensions for this purpose shall be prescribed by the Board.
(5) The approval of the Board of Directors shall be obtained prior to the installation of the plaques.
(6) The installation of these plaques is the responsibility of the authorized user or his representative. (7) A one-time fee will be charged for the installation of a memorial plaque (see fee schedule).

(1) The person entitled to use the grave shall maintain the gravestone in a proper, safe condition.
(2) The person entitled to use the grave and the persons acting on his behalf shall be liable for any damage to the grave and cemetery facilities caused by the erection of grave markers and structural installations.
(3) Artistically or historically valuable gravestones and structural installations or those that are considered a special characteristic of the cemetery from earlier times are subject to the special protection of the Zahn Family Association

§ 17 Substitute performance

The Zahn'sche Familienverband assumes no liability for damage caused by use of the cemetery facilities not in accordance with the statutes or for damage caused by agents of third parties.

(1) Beyond these statutes, the legal provisions, the rules and regulations of the cemetery statutes of the city of Moers and the statutes of the Zahn ́schen Familienverband Moers e.V. shall apply.
(2) Where reference is made to the cemetery statutes of the City of Moers, this refers to the currently valid version.
(3) The scale of fees of the Zahn ́sche Familienverband shall apply. It is an integral part of these Statutes in their currently valid version.

Should individual parts or individual provisions of these cemetery bylaws be or become invalid, this shall not apply to the cemetery bylaws as a whole, but only to the parts or provisions affected by the invalidity. The cemetery statutes as a whole shall nevertheless remain valid.