For the mutual protection of lot owners and the cemetery as a whole, the following rules and regulations have been adopted by the St Joseph's Cemetery Association as the rules and regulations of St Joseph's Cemetery and all lot owners and visitors within the cemetery and all lots sold, shalll be subject to said rules and regulations. And subject further, to such other rules and regulations, amendments or alterations as shall be adopted by the Cemetery Association from time to time and the reference to these rules and regulations in the certificate of ownership to a lot shall have the same force and effect as if set forth in full therein.

St Joseph's Cemetery operates in accordance with the laws of the State of New York and the rules and discipline of the Catholic Church. It reserves the right to refuse the use of any of the cemetery's facilities at any time to any person or persons whom the management may deem objectionable to the best interests of the cemetery.
It is the duty of the management to see that the rules and regulations are complied with and it is his duty to see that order is maintained and to protect and promote the best interests of the cemetery. He is authorized to make temporary additional rules which may be needed to meet emergencies which are not covered by these Rules and Regulations.

Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The Cemetery, therefore, reserves the right to make exceptions, suspensions, or modifications of any of these Rules and Regulations, without notice, when in the judgment of the Management such action appears necessary; and such temporary exception, suspension or modification sha1l in no way be construed as affecting the general application of such Rules and Regulations.

The Cemetery hereby expressly reserves the right to adopt additional Rules and Regulations or to amend, alter or repeal any rule, regulation, article, section, paragraph or sentence in these Rules and Regulations, at any time. Sufficient notice will be given by the Cemetery of any rule change that will create expense, hardship or inconvenience to lot owners or other individuals having business with the cemetery.

  • Definitions
  • General Rules
  • Lots and Lot Owners
  • Correction of Errors
  • Internments and Entombments
  • Disenterment
  • Monuments
  • Care of Lots
  • Plants and Shrubs
  • Enforcement of Rules

Definitions:

  • CEMETERY. The term cemetery is hereby defined to include a burial park for earth internments, a community mausoleum for vault or crypt entombments, a crematory or crematorium and columbarium for cinerary internments, or a combination of one or more than one thereof.
  • GRAVE. The term grave shall apply to a space of sufficient size to accommodate one adult internment approximately three by ten feet.
  • LOT. The term lot shall apply to numbered divisions as shown on the record which consists of two or more graves.
  • INTERMENT. The term internment shall mean the permanent disposition of the remains of a deceased person by cremation and entombment, entombment, or burial.
  • MEMORIAL. The term memorial shall include a monument, marker, tablet, headstone, private mausoleum or tomb for family or individual use, tombstone, coping, lot enclosure, urn and crypt and niche place.
  • MONUMENT. The term mourning shall include a tombstone or memorial of granite or marble which shall extend above the surface of the ground.
  • MARKER. The term marker means a memorial flush with the ground.
  • LOT MARKER. The term lot marker refers to any means used by the cemetery to locate comers of the lot or grave.
  • CERTIFICATE OF RIGHT OF BURIAL. The term certificate of right of burial shall apply to the original conveyance given by the cemetery to the original purchaser.
  • MANAGEMENT. The term management shall mean the person or persons duly appointed by the church for the purpose of conducting and administering the cemetery.
  • CEMETERY OFFICE. The term cemetery office shall mean the main office maintained at 216 Lake Avenue, Auburn, New York.

General Rules:

  1. The cemetery is opened from 7:30 AM to 8:30 PM. The cemetery office will be open during the summer season from 8:30 AM until 4:00 P.M Monday through Friday and the winter and from 8:30 AM until 3:30 P.M
  2. Employees of the cemetery are not permitted to do any work for lot owners except upon order of the management but are required to be courteous to all visitor.
  3. All fees or charges for services are payable at the cemetery office as herein stated and patrons of the cemetery are requested not to pay any fee or gratuity to any cemetery employee.
  4. Persons within the cemetery shall use only the avenues, roads, walks and alleys, and no one is permitted to walk upon or cross lots or lawns unless it be necessary to do so to gain access to one's own 10L The cemetery expressly disclaims liability for any injuries sustained by anyone violating this rule.
  5. Persons visiting the cemetery or attending funerals are prohibited from picking flowers, wild or cultivated, breaking or injuring any tree, shrub or plant, or from writing upon, defacing or injuring any memorials, fence, or other structure within the cemetery grounds.
  6. Motor cars and vehicles must be kept under complete control at all times. When meeting a funeral procession they must stop until the procession passes. They must not pass a funeral procession going the same direction. Motor cars must not be left with the engine running and the emergency brakes must be set when the driver is not in his seat Muff1ers must not be opened nor the horn sounded within the cemetery.
  7. Drivers of motor cars or vehicles hired to attend a funeral must remain quietly in their seats during the funeral services.
  8. The following things are prohibited:
    1. The driving of motor cars or other vehicles through the gates or in the cemetery at excessive speeds.
    2. Driving any motor car, vehicles or animal across or upon any grave, lot or lawn or parking area or leaving the same thereon.
    3. Parking or leaving any motor car or vehicle on any road or driveway within the cemetery at such location or in such position as to prevent any other car or vehicle from passing the same, and if so parked or left the management reserves the right to remove the same.
    4. Making a complete or partial reverse turn of any motor car or vehicle on any road or driveway within the cemetery.
  9. No bicycles or motorcycles will be admitted to the cemetery except such as may be in attendance at funerals or on business.
  10. Children under fifteen years of age are not permitted within the cemetery or its buildings, unless accompanied by an adult.
  11. Receptacles for waste material are located at convenient places. Hence, the throwing of rubbish on the drives and paths, or any part of the grounds, or in the buildings is prohibited.
  12. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, and similar articles, upon lots will not be permitted and if so placed, the management reserves the right to remove them.
  13. It is of the utmost importance that there should be strict observance of the proprieties in the cemetery. Hence, all persons within the cemetery should avoid conduct unbecoming a sacred place.
    1. Loud or boisterous talking.
    2. Loitering on the grounds or in any of the buildings.
    3. Bringing refreshments into the cemetery or consuming them on the cemetery grounds.
    4. Soliciting of any commodity within the cemetery.
    5. Placing of signs, notices or advertisements of any kind within the cemetery.
    6. Bringing dogs into the cemetery or any buildings.
    7. Bringing firearms into the cemetery except by a military escort accompanying a veterans funeral or attending memorial services.

Lots and Lot Owners:

  1. Persons desiring to purchase lots should visit the Cemetery where the management will aid them in making a selection. Payments on same to be made at the cemetery office.
  2. Right of burial is obtained by the purchase of the Certificate, which entitles the purchaser to the perpetual use of the lot for the purpose of sepulcher only, subject to the Rules and Regulations of the Cemetery, the discipline of the Roman Catholic Church and the Rules of the Diocese of Rochester with respect to burials and funerals.
  3. Title to all Cemetery land remains in the Cemetery Corporation.
    In case of failure to pay notes given as part purchase price of lots, the Cemetery reserves the right to remove interments made therein; to cancel the right to use the said lot by the person in default and to resell such lot.
  4. Lots, when conveyed to individual proprietors, shall be indivisible, but may be held and owned in undivided shares. Certificates of ownership do not confer a right to sell, transfer or assign the same or to sell, assign or transfer any portion of the lot covered by said Certificate. A Certificate to the lot will be issued when lot has been paid in full.
  5. Applications for the privilege to bury in lot, persons other than the holders of Certificates, must be made through the Clerk and permis¬sion for such privilege must be approved by the management of the Cemetery.
    Permission for the interment of anyone, not a relative of the owner of the Certificate of a lot, must be obtained from the Clerk of the Cemetery.
  6. Upon the death of the owner of a Certificate, the right to such Certificate passes to the next-of-kin of such owner.
  7. No lot owner shall receive compensation for an interment in his lot.
  8. Monuments may not be erected until lot is fully paid. Certain sections may have restrictions on type or size of monument or marker that can be used. It is the lot owner’s responsibility to check with the cemetery office for any restrictions pertaining to their individual lot before purchasing the monument.
  9. Descriptions of lots will be in accordance with the Cemetery records kept on file in the Cemetery office.
  10. The right to enlarge, reduce, replace or change the boundaries or grading of the cemetery, or a section or sections, from time to time, including the right to modify or change the locations of or remove or regrade roads, drives, or walks, or any part thereof is hereby reserved.
  11. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage, et cetera, is also expressly reserved, as well as is the right to use cemetery property not sold to individual lot owners for cemetery purpose, including interment of the dead, or for anything necessary, incidental or convenient thereto. The Cemetery reserves to itself and to those lawfully entitled thereto a perpetual right of ingress and egress over lots for the purpose of passing to and from other lots.
  12. No balloons, or objects taped to the stones. No pictures or photographs allowed on monuments or headstones. No symbol~ character, verse, saying, poetry, nicknames, or design (such .as ani¬mals) not considered conducive to the image of a Catholic Cemetery will be allowed No decorations are to be hung from the trees or shrubs planted by the cemetery.
  13. The Management will take all reasonable precautions to protect lot owners, and the property rights of lot owners, within the Cemetery from loss or damage; but the Cemetery disclaims all responsibility for loss or damage from causes beyond its reasonable control~ and espe¬cially from damage caused by the elements, an act of God, common enemy, thieves, vandals, 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 as herein provided
  14. It is the duty of the lot owner to notify the Management of any change in his post office address.
  15. A Certificate will be issued for the purchase price of the lot when the lot has been paid in full. The Certificate number will be kept on f1le in the Cemetery Office. Management reserves the right to charge a small fee for any request for a copy of the original certificate.
    The instrument of conveyance of these rules and Regulations and any amendments thereto constitutes the sole agreement between the Cemetery and the lot owner.
  16. The statement of any employee or agent, unless confirmed in writing by the Management. shall in no way bind the Cemetery

Correction of Errors:

The cemetery reserves, and shall have, the right to correct any errors that may be made by it either in making internments, disinterment or removals, or the description, transfer or conveyance of any internment property, either by canceling such conveyance and substituting any conveyance in lieu thereof other internment property of equal value and similar location as far as possible or as may be selected by the Management, or, in the sole discretion of the Management, by refunding the amount of money paid on account of said purchase. In the event such error shall involve the internment of the remains of any person in such property, the Cemetery reserves, and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.

Internments and Entombments:

  1. The Cemetery will open for interments daily with the exception of all Sundays, Memorial Day, July 4th, Thanksgiving Day, Christmas, and New Years. When Memorial Day or July 4th fall on Saturday or Monday and delay will cause unreasonable hardship or inconven¬ience, interments may be made on such days but an additional fee will be added to the regular charge.
  2. Where immediate burial is required by the Laws of the State of New York or under the rules and regulations of the Board of Health, interments may be made on Sundays and holidays but an additional fee will be added to the regular interment charge and entrance to the
    cemetery will be allowed only to the hearse and vehicles in the funeral procession.
  3. All Funerals on entering the Cemetery shall be under the charge of the Cemetery Management
  4. Once a casket containing a body is within the confines of the Cemetery, no funeral director nor his embalmer, assistant, employee, or agent, shall be permitted to open the casket or to touch the body without the consent of the legal representative of the deceased or an order signed by a court of competent jurisdiction.
  5. Funeral directors, upon arrival at the Cemetery, must present the necessary burial permit from the local health office.
  6. Lot owners shall not allow interments in their lots in return for remuneration of any kind.
  7. No interment of two or more bodies shall be made in one grave except in the case of mother and child, or two infants buried in one casket or except in the case of cremation where one casket and one cremation will be allowed in one grave or two cremations in one grave with written permission from lot owner.
  8. When an interment is to be made in a lot, the location of such interment shall be designated by the lot owner. Should the lot owner fail or neglect to make such designation, the Cemetery reserves the right to make the interment in a location designated by the Cemetery Management.
  9. The Cemetery Management and the employees of the Cemetery are the only persons who will be permitted to open graves with the following exceptions:
    1. When the Cemetery is directed to make a disinterment by order of a court of competent jurisdiction and a certified copy of such order has been filed with the Management.
    2. When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the Management his signed authorization to release the body to himself and his lawful agents. In such case the disinterment must be made by the coroner or his lawful agents.
  10. In order to maintain a high standard of care, it is required that all burials must be made in an outside vault made of metal or reinforced concrete. All vaults must be made and installed as to meet specifica¬tions established by the Management Vaults may be procured from any source provided they meet the established specifications.
  11. All charges for internment or services in connection there-with, shall be paid to the Cemetery Management who will issue a receipt therefore upon request
  12. Arrangements for the payment of any and all indebtedness due to the Cemetery must be made before internment will be made.
  13. The right is reserved by the Cemetery to insist upon at least twenty-four hours notice prior to any internment and at least one week's notice prior to any disinterment or removal.
  14. All internments, disinterment, and removals must be made at the time, and in the manner, and upon the charges fixed by the Management.
  15. 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 public authorities.
  16. The Cemetery will not be responsible for any order given by telephone or for any mistake occurring from the want of precise and proper instructions as to the particular space, size of grave, and location in a lot, where interment is desired.
  17. The Cemetery will not be liable for the interment permit nor the identity of the person sought to be interred
  18. Interments of bodies of persons not related to a lot owner will not be allowed without the consent in writing of the owner of the lot Right of Burial or Grave Designation form must be signed by the certificate holder or next-of-kin and filed with the Cemetery office.

Disenterment:

  1. Application for disinternment of a body shall be made at the Cemetery Office. permission must be based upon application of the husband or wife, child or children or next-of-kin of the deceased person.
  2. The body of a person who died from a contagious disease shall not be allowed to be disinterred before the expiration of five years from the date of burial.
  3. In case of disinterment the casket will not be opened for the purpose of viewing remains.
  4. Permits must be obtained for the purpose of removal from St. Joseph's Cemetery to another Cemetery.
  5. Appointments for date of removals will be made by the Manage¬ment of the Cemetery.
  6. No services of any kind are permitted on the Cemetery grounds at the time of removal of bodies either from the Cemetery or from place to place within the Cemetery.
  7. All disinterment are charged according to the difficulties involved in the removal. Payment should be made prior to the completion of the disinterment

Monuments:

  1. The Cemetery Association reserves the right to prohibit the erection of any monument or marker considered by the Board of Directors as inappropriate either in material, workmanship, or location or which might interfere with the general effect or obstruct any principal view of the cemetery.
  2. All Monuments are the property of the individual purchaser. The Cemetery is not responsible for the upkeep of any monument All expenses incurred to keep monumentation from becoming unsightly through weather, vandalism, general deterioration or any other cause is the full responsibility of the owner. The Cemetery will only act when monumentation becomes a danger to persons or property within the cemetery as stated in its Rules and Regulations.
  3. RIGHT TO REMOVE: Should any monument, marker or other memorial become unsightly, dilapidated, or a safety hazard to visitors, the cemetery shall have the right at the expense of the lot owner to correct the condition or to remove the same.
  4. No monument will be placed upon a lot until the lot is fully paid and a Certificate issued. Only one monument, which must be of proper design, material and workmanship, shall be erected on lots where permitted and oversized monuments shall be placed under the direc¬tion of the Grounds Foreman. Monuments must be placed in the center of the lot Exceptions to this rule are made only where a lot is irregular in shape or where a tree may occupy the center.
  5. Lot owners who contemplate the erection of any monument or marker should first ascertain from the cemetery office whether same will be allowed before they close a contract for the erection of either. Monument privilege varies in different sections and on different sized lots. It is very important to check with the cemetery office regarding what type and size monument is allowed. This will avoid mistakes
    and possible disappointments.
  6. The Cemetery may reject any plan or design of a proposed marker which shall be determined to be undesirable or unsuited to the general appearance of the surrounding lots or graves. Legal names only are allowed, no nicknames permitted. Any subsequent placement made without prior approval deemed to be in violation of this article shall be removed without notice.
  7. No pictures or photographs allowed on monuments or headstones. No symbol, character, verse, saying, poetry or design (such as animals) not considered conducive to the image of a Catholic ceme¬tery will be allowed. No raised letters allowed on markers flush with the ground
  8. No monument, marker, pot, urn, or embellishment may have col¬oring material applied to it Lithochrome is not allowed. Transparent highlight, if approved, may be used.
  9. All monuments must be built of granite, marble or some other durable stone. Memorials of cement. artificial stone, wood or other metal will not be permitted.
  10. Applications for foundations must be made on forms provided
    by the Cemetery Office and such application must be submitted to the Secretary for approval. Dealers are required to furnish for approval a sketch of proposed monument or headstone, specifying size, inscrip¬tion, design and size of the foundation required. Before ordering monumental work, it is advisable to become informed of the particular regulation governing its section on which it is proposed to erect monument or markers.
  11. All foundations for monuments and markers will be constructed by Cemetery Association employees. If any fault resulting from improper installation of a foundation by the Cemetery within five years from date of installation, the cemetery shall rectify the condition without cost to the lot owner.
  12. The monument contractor, before placing marble or granite base, shall check all foundation sizes should any discrepancy occur, report same to the cemetery office which will then make the necessary corrections.
  13. Marble or granite base (resting on concrete) shall be cut level so as to insure a solid bearing. All bases are to have a minimum of 6 inch thickness. No rough bottom headstones, they must be smooth.
  14. The monument contractors shall furnish and place all necessary wedging and set all marble and granite in a manner known to monument workers to produce a first-class job in every way. All joints must be sealed against moisture with non-staining materials.
  15. Obstructions caused by any monument dealer or erection contrac¬tor to avenues, roads and walks must be made as slight as possible and no unnecessary delay in removing such obstruction will be permitted after the work has been completed. When monument work has been completed, the lot and surrroundings must be restored to the same condition as before work was commenced, such restoration to be at the expense of the contractor.
  16. Guy ropes must not be fastened to post, fences or monuments. A special permit to fasten to trees must be obtained from the Grounds Foreman, and trees must be properly padded for their protection.
  17. No work will be allowed in any section, lot or grave when the ground is wet and soft. No monumental work sha1l be delivered to the Cemetery until foundation for the same is completed and the contractor is ready to proceed with the work of setting the monument Exception to this rule would be markers set by the cemetery employ¬ees. No monument may be brought into the Cemetery on Sundays unless permission granted by the cemetery office.
  18. Monument dealers or manufacturer’s cards or advertisements of any kind shall not be cut or placed on any monument, marker or mausoleum, nor anywhere within the cemetery grounds. Soliciting within the Cemetery by monument dealers or agents is strictly forbidden.
  19. Monument contractors must carry Public Liability and Property Damage Policy which will protect the Cemetery Association against any accident or damage caused by such contractor or his employees while performing work in the cemetery. No foundation application will be approved until this rule has been complied with and proof of insurance has been submitted.
  20. The Cemetery reserves the right to exclude from the Cemetery any dealer or agent in monuments, headstones. markers, etc., who does not observe strictly the rules and regulations of said Cemetery.
  21. The Cemetery reserves the right to rebuild, reset, or repair all foundations.
  22. All persons are forbidden to sit upon monuments or headstones whether upon their lot or grave or the lot or grave of others.
  23. The Trustees reserve the privilege to stop all construction and setting of monument between November 10th and April 1st Any work set during these months will be allowed only be special arrangements with the Cemetery authorities.

Care of Lots:

  1. The general care of the Cemetery is assmned by the Management and includes the cutting of the grass at reasonable intervals, the raking and cleaning of the grounds, and the pruning of shrubs and trees of those placed by the Management
  2. The general care assumed by the Cemetery shall in no case mean the maintenance, repair or replacement of any Memorial, tomb, or mausoleum placed or erected upon lots nor the doing of any special or unusual work in the Cemetery. Nor does it mean the reconstruction of any marble or granite work on any section of lot, or any portion of portions thereof in the Cemetery, caused by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil authority, whether the damage be direct or collateral, other than as herein provided.
  3. A Permanent Maintenance fund shalI be established whereby the Cemetery will hold and invest the principal sum deposited and use the annual income therefrom to defray the cost of the general upkeep of the Cemetery. The money received for Permanent Maintenance shalI be held in trust and invested as provided by law. The Cemetery Association reserves the right, however, either to handle all investments itself, or to deposit said funds with any person, company or corporation qualified to act as trustee for such funds.
  4. The grade of lots will be determined by the Trustees of the Cemetery. No alterations in grades will be permitted by lot owners.
  5. No fences, hedges, posts or enclosures of any kind will be allowed on lots. No shrubs or bushes are to be placed on top of graves. No raised mounds are permitted. No benches or seats are allowed. No wooden or wire trellis are permitted on lots or graves. No balloons. No decorations hanging from trees or shrubs. No decorative stones or bark placed around markers or monuments. No planting will be allowed. All flower arrangements must be in pots. No glass containers.
  6. The Management reserves the right to remove any object from the lots placed thereon in violation of the Rules and Regulations.

Plants and Shrubs:

  1. The Cemetery will undertake to maintain, as may be practicable, the planting of trees and shrubs, to preserve and maintain landscape features, but does not undertake to maintain individual planting or urns or plants.
  2. There shall be no individual beds of shrubbery or flowers allowed on the grounds. Lot owners are not permitted to plant upon the graves.
  3. There shall be no jars, glass, or metal receptacles, or other containers used on the premises for the holding of floral bouquets. All such form of decoration shall be in uniform containers subject to the rules and regulations for the section.
  4. The Management shall not be responsible for any kinds of plantings damaged by the elements, vandals, thieves or by other causes beyond its control. The Management shall have the further authority to re¬move all floral designs, flowers, weeds, trees, shrubs, plants or herb¬age of any kind from the Cemetery as soon as in the judgment of the Management, they become unsightly, dangerous, detrimental, or dis¬eased, or when they do not conform to the standard maintained.
  5. The Cemetery shall not be liable for floral pieces, baskets, or the frame in which, or to which, such floral pieces are attached beyond the acceptance of such floral pieces for cemetery services held in the cemetery.
  6. The Cemetery reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs, plants or herbage of any kind unless the Management gives consent

Enforcement of Rules:

The Management is hereby empowered to enforce all Rules and Regulations and to exclude from the Cemetery any person violating the same. The Management shall have charge of the grounds and buildings including the conduct of funerals, traffic, employees, lot owners and visitors and at all times shall have supervision and control of all persons in the Cemetery.

These additional Rules and Regulations pertain to the entombment or inurnment of human remains in a mausoleum in St.Joseph’s Cemetery.

  1. Ownership of a St Joseph's Cemetery Mausoleum crypt or niche comprises the right to perpetual use of the burial right in each space conveyed and the right of inscription acceptable to St Joseph's Cemetery. Title to St Joseph's Cemetery mausoleum buildings and all their parts and appurtenances remains in perpetuity with the Cemetery.
  2. Upon full payment, the Cemetery shall deliver to the buyer a certificate evidencing said entombment rights to the buyer and his heirs in perpetuity. The purchase price includes perpetual care in accordance with New York State law.
  3. Entombment Rights purchased from the Cemetery are for entombment or internment purposes only and not for speculation or investment.
  4. Crypts may be used for the entombment of human remains only. Only one entombment or internment may be for each single crypt and only two may be made in a double or companion crypt
  5. Memorial inscription of crypt fronts must conform uniformly with the rules set out by the Cemetery. Each inscription must be handled by the Cemetery and is limited to the legal name, year of birth and year of death for each person whose crypt space is reached through the aperture covered by the crypt front
  6. Floral remembrances must comprise of silk or artificial only. They will be placed in Cemetery approved containers in the area specified for the crypt
  7. No object of any kind may be placed on the crypt front at any time. Any such objects shall be removed and disposed of.
  8. The Cemetery shall not be liable for damages as a result of an act of God or malicious mischief or for any other occurrences where the Cemetery has exercised reasonable care.
  9. All services about the crypt or mausoleum requiring labor shall be performed by the Cemetery or its authorized agents.
  10. Removals from in-ground burials can be made to mausoleum crypt but specific arrangements must be made at the Cemetery Office.

 

 
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©  Copyright 2006 St. Joseph's Cemetery Association, Auburn , New York 12021