St. Aloysius Cemetery Rules & Regulations

RULES AND REGULATIONS OF

ST. ALOYSIUS CHURCH CEMETERY

St. Aloysius Church Cemetery hereby adopts the following rules and regulations for the mutual protection and benefit of the plot holders.

All plot holders and person(s) with the cemeteries, and all plots shall be subject to said rules and regulations.  St. Aloysius Cemetery Committee, with the approval of the pastor, shall from time to time, make additions, alterations or amendments.

DEFINITONS

1.   The term “Cemetery Authorities” shall mean the person(s) appointed to conduct and administer the cemeteries owned and operated by St. Aloysius Church.

2.    The term “Cemetery” as used herein shall mean all the property for earth burials and mausoleum for crypt entombments.

3.   The term “Plot Holder” shall include the person(s) who have purchased interment rights or who have the same by right of inheritance or transfer.

4.   The term “Interment” shall herein mean earth burial, burial in under ground vault or entombment in a crypt.

5.   “Grave” shall mean a space of ground intended to be used for the burial of human remains.

6.   “Crypts” shall mean the part of a mausoleum used, or intended to be used, for the burial of human remains.

7.   The term “Plot” shall include and apply to one or more than one adjoining grave or crypt.

8.   The term “Deed” shall mean only the grant of the privilege of interment and not a conveyance of any ownership or tenancy. It does not convey any ownership or other interest in the grave(s) or crypt(s) to which it refers.

9.   The term ”Memorial” shall include monument, tombstone, headstone, grave marker or tablet or inscription on crypt front(s), for one or more deceased persons.

10.The term “Foundation” shall mean the base on which a memorial is erected.

INTERMENT/DISINTERMENT PROCEDURES

1.   All funerals on entering the cemeteries shall be under the exclusive charge and sole direction of the Cemetery Authorities.

2.   Local government requires a burial permit, for each funeral, or public authority having jurisdiction of the matter, must be presented to the Cemetery Authorities before interment is completed.

3.   The Cemetery Authorities shall not be liable for the burial permit or responsible for the accuracy of the data contained in said permit or the identity of the person to be buried.

4.   The Cemetery Authorities reserve the right to demand written evidence of eligibility for Catholic burial according to the norms of Cannon Law.

5.   The casket may not be opened at any time within the cemetery without the express permission (and in the presence) of the Cemetery Authorities. The Cemetery Authorities reserve the right to refuse permission to anyone to open the casket or to touch the body without the consent of the legal representative of the deceased or without a court order. In the event necessity requires, the Cemetery Authorities may take appropriate steps to correct any obnoxious or improper conditions. All caskets, which are to be placed in public mausoleum, must have a nameplate of the deceased on the top.

6.   Disinternments are generally forbidden and will be permitted only in unusual circumstances and for the most serious reason.

7.   The Cemetery Authorities shall exercise due caution in making a disinterment or removal. They shall assume no liability for the damage to any casket or burial case incurred in making the disinterment and removal.

8.   The Cemetery Authorities shall have the right to designate the hour and manner in which interments, disinterments, and removal will or will not be permitted.  All interments, disinterments and removals shall be subject to payment of each charge as fixed by the Cemetery Authorities.

9.   All interments and removals subject to those rules and regulations shall also be subject to the orders and lows of the properly constituted civil authorities whether local, county, state or federal government.

10. Flowers may be arranged at the site of an interment but must be delivered in sufficient time before the arrival of a funeral.

CORRECTION OF ERRORS

The Cemetery Authorities reserve the right to correct errors made by them in the sale or description of interment rights or plots or in making interments or disinterments. The Cemetery Authorities may either cancel such transfer and substitute other interment rights or plot selected by them in their discretion in a similar location, so far as is possible, or in their discretion they may refund any monies paid for the purchase of interment privileges.  If such error also involves the interment of the remains of any person, the Cemetery Authorities reserve the right to inter the remains in another plot of equal value in a new location selected as above provided.

INSTRUCTIONS TO PLOT HOLDERS AND PLOT HOLDERS RIGHTS

1.   Persons arranging for interments must visit the cemetery where the Cemetery Authorities will aid them in making the necessary arrangement.

2.   The Cemetery Authorities reserve the right to specify the terms of purchase of all interment rights in plots and to fix the number of interments allocated to a plot.

3.   If the purchase fails to carry out the terms of the purchase agreement, the Cemetery Authorities may declare said agreement cancelled and all rights of the purchaser in and to the plot forfeited.

4.    No coping, curbing, fencing, hedging, borders or enclosures of any kind shall be allowed around the plot.

5.    The Cemetery Authorities reserve the right to remove, without prior notice; enclosures previously erected which have become unsightly or dangerous.

6.   If the deed of the plot has been lost or mislaid, an affidavit sworn to before a Notary Public must be presented.  The person claiming rights to interment privileges in said plot must identify himself, establish his rights to said plot and state that no other party has prior or equal rights to said plot.

7.   In case of the loss of a deed to a plot, a voucher may be issued to the person whom has established legal right to it after satisfactory proof of said loss has been presented to the Cemetery Authorities. The Cemetery Office is located at St. Aloysius Rectory, 223 Beech Street., Pottstown, Pa 19464

8.   Interment of a non-catholic spouse of an interfaith marriage may be permitted. Such interments shall be subject in each instance to a letter from a priest stating that the non-catholic party is worthy of interment in a Catholic cemetery.

9.   The use of a plot is for the plot holder or the plot holder’s relatives for interment purposes only. It is subject to the Rules and Regulations of St. Aloysius Cemetery Authorities. A person, not a member of the plot holder’s family, may be buried in said plot.  In no case shall plot holder have any right to sell, transfer, exchange, or in any manner dispose of said plot, or any part thereof, or any right to interest therein, or any use of said plot without written permission of St. Aloysius Cemetery Authorities.

10. The transfer of a body that is interred in a cemetery to a non-catholic place is not allowed.

11.Bodies interred in blessed ground of one of our cemeteries may not be removed without the permission of the Archbishop to ground not blessed unless there was no valid reason for the burial in the blessed ground in the first place.

12. In the event of a death of a plot holder, all privileges of the plot holder shall pass to the plot holder’s family in the following manner:

a.    The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his/hers remains in the plot subject to the provision of number 9 of this section.

b.   The plot holder shall have filed written instructions in ST. Aloysius Cemetery Office as to which member or members of his/her family shall succeed to the right of said plot. These instructions will be recognized by the Cemetery Authorities and will be followed if in the sole judgment of said Cemetery Authorities, such instructions are definite, reasonable and practicable, subject however to a vested right or interment of the surviving spouse.

c.    If no valid or sufficient written instruction shall have been filed in the Cemetery Office and the plot holder has left instructions in a will, duly admitted to a probate, in court having jurisdiction thereof, subject however, to a vested right of interment of a surviving spouse, such instructions shall control provided they are not in conflict with the cemeteries rules and regulations then in force, and provided the Cemetery Office is furnished with proof of the same.

d.   In the absence of valid and sufficient written instruction filed at the Cemetery Office by the plot holder or duly probated will, the rights of interment shall devolve upon those entitled to succeed thereto by the interstate laws of the State of Pennsylvania.

RIGHT TO REPLAT

1.   The following rights and privileges are hereby expressly reserved to Cemetery Authorities to be exercised at any time, or from time to time, for the erection of buildings, or for any purpose of use connected with, incident to, or convent for the care, preservation of or preparation for the disposal or interment of human bodies or other cemetery purpose:

a.    To resurvey, enlarge, diminish, replot, alter in shape or size, or otherwise to change all or any part of portions of the cemeteries.

b.   To layout, establish, close, eliminate, or otherwise modify or change the location or roads, walks, or drives, provided ingress an egress to and from any plot is preserved or is allocated to the plot holder.

2.   The following right and privileges are hereby expressly reserved to the Cemetery Authorities to be exercised at any time or from time to time:

a.   Easements and right of way over and through all of said cemetery premises for purpose of installing, maintaining and operating pipelines, conduits, or drains for sprinklers, drainage, electric or communication lines or for any purpose deemed admissible by Cemetery Authorities.

NO EASEMENTS GRANTED

No easement or right of interest is granted to any plot holder in any road, drive or walk with the cemeteries, but such road, drive or walk may be used during regular cemetery hours, as a means of access to the cemeteries and their buildings as long as the Cemetery Authorities devote such road, drive, or walk to that purpose.

USE OF CEMETERIES

1.VISITORS: visitors within the cemeteries shall use only the avenues, roads, and walks, unless it is necessary to walk on the grass to gain access to one’s own plot. The Cemetery Authorities expressly disclaim liability for nay injuries sustained by anyone violating this rule.

2.TRESSPASSERS: Only the plot holder and his relatives or friends shall be permitted on the cemetery plot or in the public mausoleum.  Any other person thereon or therein shall be considered a trespasser.

3. CHILDREN: children under fifteen years of age are not permitted within the cemeteries unless accompanied by a responsible adult.

4.ANIMALS: animals shall not be allowed in the cemeteries or in any buildings in the cemeteries. Exception: Seeing Eye dog.

5. LAWNS: lawns shall not be disturbed for any purpose except under the supervision of the Cemetery Authorities. Planting of trees, shrubs, and plants is not allowed.

6. ORNAMENTS AND FLOWER VASES: The right is reserved to regulate the method of decorations of plots so that uniform beauty may be maintained. Potted plants or flowers are allowed.  However, they must be placed above ground immediately in front of the grave marker. Pots may be no larger than 18 inches in diameter. Tubs may be no larger than 10 inches by 24 inches. The use of boxes, shells, stones, pebbles, toys, balloons, metal designs, ornaments, artificial decorations, vases, pictures, glass, plastics or crockery jars and containers, wood or metal cases, barriers, fencing, votive lights or candles, solar lights, money- coins or bills, free standing statues, etc, shall be removed by Cemetery Authorities.

7. DECORATIONS: No decoration, floral display, or other article may be affixed to the crypts in a public mausoleum.  Pictures, banners, candles, or other decorations are not permitted on the public mausoleum in the cemeteries. Wooden crosses, footstones, iron furniture, arbors, concrete urns, pedestals, images are not permitted.

8. NOT LIABLE FOR FLORAL PIECES OR VASES: The Cemetery Authorities shall not be liable for vases, floral pieces, baskets or flowers in which or to which, such floral pieces are attached.

9. TREES AND SHRUBBERY: The Cemetery Authorities reserve the right to remove or prune nay trees or shrubbery previously planted which may encroach upon or interfere with other lots. Trees or shrubs may not be planted.

10. MAUSOLEUM DECORATIONS: No decoration, floral display or other article may be affixed to the crypts in a public mausoleum.  Pictures, banners, candles or other decorations are not permitted in the public mausoleum in the cemeteries.

11. MOTOR VEHICLES: automobiles, funeral coaches, and trucks must be kept under control at al times. At no time shall such vehicles drive through the gates or within the cemetery at a speed in excess of 15 miles per hour. Automobiles are not allowed to park or to come to a full stop in front of an open grave or leave any motor vehicle on any road or driveway within the cemeteries at such location or in such position as to prevent any other vehicle from passing, and if so parked or left, the Cemetery Authorities may remove said vehicle.

12. BICYCLES AND MOTORCYCLES: The Cemetery Authorities reserves the right to refuse admission to the cemeteries of bicycles or motorcycles.

13. EMBLEMS: Emblems of fraternal organizations are not allowed on graves.

14. CRYPT ORNAMENTATION: No ornamentation other than crypt identification may be placed on a crypt front.

EMPLOYEES

1.   Cemetery employees are not allowed to do any work for plot holders except upon the order of the Cemetery Authorities. They are required to be civil and courteous to all visitors.

2.   Under penalty of immediate dismissal, no cemetery employee shall receive any fee, gratuity, or commission, directly or indirectly, except from the Cemetery Authority.

3.   The Cemetery Authorities shall have the right to maintain guards, if in their discretion they deem it necessary, but are not under any legal obligation to do so.

LOSS OR DAMAGE

1.   The Cemetery Authorities disclaim all responsibility for loss or damage from cause beyond their reasonable control, by an act of God, the elements, earthquakes, flood, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority.  Also by thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, or any cause similar or dissimilar beyond control of the Cemetery Authorities whether the damage is direct or collateral.

2.   If it becomes necessary to reconstruct or repair any section/portion, or plot, including graves, thereof in the cemetery, which have been damaged by such causes, the Cemetery Authorities shall give a ten-day written notice of the necessity for such repair to the plot holder of record.

3.   The Notice shall be given by depositing the same in the United States Mail with postage thereon duly prepaid.  It shall be mailed to the plot holder of record at his/her address stated on the records of the Cemetery Authorities.

4.   The plot holder fails to repair the damage within a reasonable time, the Cemetery Authorities may direct that the repairs be made and charge the expense against the plot holder(s) of record.

PLOT HOLDER’S CHANGE OF ADDRESS

It shall be the duty of the plot holder(s) to notify the Cemetery Authorities of any change of his/her address. Notice sent to a plot holder at the last address in the Cemetery Authorities’ record should be considered sufficient and proper notification.

PERPETUAL CARE

1.   Perpetual Care applies only to the plots where

The plot holder has provided perpetual care funds.

2.   Care is to be understood as:

a.    Care and maintenance of plots by natural growth and ordinary ware.

b.   Cleaning and maintenance of roadways, walks, provided there are sufficient care funds for that purpose.

3.   The term “Care” shall in no case mean:

a.    Maintenance, repair, or replacement of any memorial placed or erected upon any plot.

b.   The planting of flowers or ornamental plant.

c.    Any special or unusual work in the cemeteries soil or disruption of any marker, granite, bronze or concrete work on any section or plot.

d.   Any portion thereof in the cemeteries injured or damaged by any cause direct or indirect beyond the Cemetery Authorities control.

MEMORIALS AND RULES FOR MEMORIAL WORK

1.   Memorial dealers and Foundation installers shall abide by all the rules and regulations of the cemeteries.

2.   Each monument or headstone shall have an acceptable Catholic symbol thereon.

3.   The Cemetery Authorities reserve the right at all times to approve and prescribe the kind of size, design, symbolism, craftsmanship, quality and material of memorials, inscriptions, monuments, or markers placed in our cemeteries.  All memorials are subject to approval of the Cemetery Authorities prior to placement. Acceptance or rejection of memorials shall be based upon such prior approval.

4.   The Cemetery Authorities reserve the right to issue, under separate cover, detailed regulations and instructions pertaining to the kind, size, and design, symbolism. Craftsmanship, quality and material of memorials, inscriptions, monuments, or markers to be placed in the cemeteries. Said detailed regulations and instructions and all amendments thereto are hereby made a part of these rules and regulations.

5.   We reserve the right to fix the days and hours when a permit may be obtained and when any memorial may be delivered to the cemeteries and when foundations may be installed.

6.   All memorial work or placement or removal of any memorial or foundation work shall be on the written orders of the plot holder, and with a permit issued by the Cemetery Authorities.

7.   The Cemetery Authorities reserve the right to:

a.    Approve foundations whether installed by cemetery personnel or authorized foundation installers.

b.   Fix charges for memorial foundations when installed by cemetery personnel.

c.    The approved foundation installer will be required to pay a charge for the presence of the cemetery employee who must be present at the time of the foundation installation.

d.   Require a performance bond, at the discretion of the Cemetery Authorities to insure the satisfactory completion of work to be done.

8.   The Cemetery Authorities shall charge for memorial permits, foundation permits, placements or removals and the right to fix and charge a fee for any memorial left at the cemetery before a cemetery permit has been issued.

9.   A detailed plan specifications and design of memorial/foundations must be submitted to the Cemetery Authorities for approval before a permit will be issued. No memorial/foundation shall be erected or placed until checked, approved and accepted by the Cemetery Authorities. If the memorial/foundation does not conform in every detail to the approved design, it shall be the sole responsibility of the approved dealer, to correct any error or deficiencies in workmanship and material.

10.   The location and position in which a    memorial/foundation is to be placed on a plot shall be entirely subject to the approval and supervision of the Cemetery Authorities.

11.   No monument extending above the surface of the ground shall be erected on a plot not specifically set apart for such monument privilege.

12.   Only one flat marker will be permitted on each grave.

13.   Non-cemetery workers engaged in placing or erecting monuments and other structures, bringing in materials in regard to such work, or installing foundations, shall operate as independent contractors, but must do so under the permission from the Cemetery Authorities.

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