Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 17 - DEATH AND DISPOSITION OF THE DEAD (§§ 20-17-101 — 20-17-1408) › Subchapter 10 - CEMETERY ACT FOR PERPETUALLY MAINTAINED CEMETERIES (§§ 20-17-1001 — 20-17-1031) › Section 20-17-1002 - Definitions

As used in this subchapter:
(1)
"Care and maintenance" means the continual maintenance of the cemetery grounds and graves in keeping with a properly maintained cemetery;
(2)
(A)
"Cemetery" means any land or a structure in this state dedicated to and used or intended to be used for interment of human remains.
(B)
"Cemetery" includes a burial park for earth interments, a mausoleum for vault or crypt interments, or a combination of one (1) or more burial parks or mausoleums;
(3)
"Cemetery company" means an individual, partnership, corporation, limited liability company, or association, now or hereafter organized, owning or controlling cemetery lands or property and conducting the business of a cemetery or making an application with the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to own or control the lands or conduct the business;
(4)
"Columbarium" means a structure or room or space in a building or structure used or intended to be used for the interment of cremated human remains;
(5)
"Crypt" means a chamber of sufficient size to inter the remains of a deceased person;
(6)
"Infant interment garden" means a designated area in a perpetual care cemetery for the interments of infants and children no more than twenty-four (24) months of age;
(7)
"Interment" means the lawful disposition of the remains of a deceased person as provided by law;
(8)
"Lawn crypt" means an interment space sometimes referred to as a "belowground crypt", "westminister", or "turf top crypt" in a preplaced chamber or burial vault either side-by-side or at multiple depths, covered by earth and sod;
(9)
"Lot or grave space" means a space of ground in a cemetery used or intended to be used for interment therein;
(10)
"Mausoleum" means a community-type structure or room or space in a building or structure used or intended to be used for the interment of human remains in crypts or niches;
(11)
"Niche" means a space in a columbarium that is used or intended to be used for the interment of the cremated remains of one (1) or more deceased persons;
(12)
"Permit holder" means a cemetery company that holds a permit issued by the board to own or operate a perpetual care cemetery;
(13)
"Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter; and
(14)
"Properly maintained" means, with regard to a perpetual care cemetery, provided care and maintenance services, including without limitation:
(A)
Mowing the grass of the perpetual care cemetery;
(B)
Weed trimming around lots or grave space and fences or property lines of the perpetual care cemetery;
(C)
Emptying trash receptacles located at the perpetual care cemetery; and
(D)
Removing excess dirt, tree limbs, leaves, trash, and other debris from the grounds of the perpetual care cemetery.
Amended by Act 2021, No. 731,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 731,§ 1, eff. 7/28/2021.
Amended by Act 2017, No. 788,§ 31, eff. 7/1/2018.
Acts 1977, No. 352, § 2; A.S.A. 1947, § 82-426.2; Acts 1997, No. 295, § 1; 2001, No. 1242, § 1; 2007, No. 827, § 163; 2009, No. 714, § 1; 2009, No. 715, §§ 1, 2: 2011, No. 590, § 1.