1.0 INTRODUCTION For the mutual protection and benefit of grave owners, the following RULES AND REGULATIONS have been adopted by St Ann Parish Cemetery, located in Lenox, MA, and St Patrick Parish Cemetery, located in West Stockbridge, MA. Hereinafter "Cemetery." All grave owners and visitors within the Cemetery and all graves sold shall be subject to these RULES AND REGULATIONS and subject further to such other RULES AND REGULATIONS, amendments, or alterations as shall be adopted from time to time.
2.0 DEFINITIONS The terms “Lot,” “Plot” or “Burial place” shall be used interchangeably and shall apply with like effect to one or more adjoining graves.
The term "deed" means the document given to the grave owner showing the easement of burial and does NOT mean or imply ownership of Cemetery property.
The term “interment” shall mean the permanent disposition of the remains of a deceased person by burial. The term “memorial” shall include a monument or marker.
A monument is above the ground and is placed at the head of the grave.
A marker is level with the ground and is placed at the foot of the grave.
The term “management” shall comprise the person constituting Cemetery Custodian and the Pastor.
The term “care” shall apply to the entire Cemetery provided by either a permanent care fund or by its parish.
The term “inurnment” shall mean the permanent disposition of the cremated remains of a deceased person by burial.
3.0 GENERAL RULES AND REGULATIONS The Cemetery is owned and operated in accordance with the laws of the State of Massachusetts and the rules and discipline of the Roman Catholic Church. It reserves the right to refuse admission to the Cemetery and 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.
The Cemetery is intended for the burial of Catholics and members of their families who are entitled to Christian burial according to the rules and discipline of the Roman Catholic Church. Any question of the burial of a non-Catholic member of a plot owner’s family or of any person not entitled to Christian burial shall be decided by the Pastor.
Religious ceremonies other than those of the Roman Catholic Church are not permitted in the Cemetery unless the consent of the Pastor has been obtained.
4.0 LOT AND LOT OWNERS No grave will be sold in common ownership or joint ownership. The deed must stand in one name. No grave shall be used for any other purpose than for the burial of the human dead.
The Cemetery disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from damage caused by the elements, an act of God, thieves, or vandals, whether the damage be direct or collateral, other than as herein provided.
Grave owners are granted only the right of interment in their graves. The Cemetery reserves the right to refuse to permit the internment of anyone who was not at the time of death the owner of the grave or a relative of the owner by blood or marriage.
5.0 CORRECTION OF ERRORS The Cemetery reserves and shall have the right to correct any errors that may be made by it either in making interments, disinterments, or removals, or in the description, transfer, or conveyance of any interment property.
6.0 CARE OF GRAVES - Perpetual Care The Cemetery will give such care as it can, the perpetual care to consist of cutting the grass and general preservation of the grounds. The Cemetery is not responsible for cleaning, repairing, replacing, or reseating monuments.
The perpetual care assumed by the Cemetery shall in no case mean maintenance, repair, or replacement of any vase, basket, memorial, flowers, or other objects placed upon a grave.
BURIALS
7.0 INTERMENTS No intermentof a body will be made in a grave that is not fully paid or subject to other agreements made with the Pastor.
The Funeral Director, upon arrival at the Cemetery, must present a burial permit from the local Health Office.
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 next of kin or of the legal representative or the deceased, or of an order signed by a court of competent jurisdiction.
No interment of two or more bodies shall be made in one grave except in the case of a parent and infant or two infants buried in one casket. Special care must be taken to properly mark the grave with the individuals’ names when two (2) bodies such as a parent and infant or two (2) infants are interred in the same grave.
No interment of a body may be made unless the remains are contained in a casket and vault.
8.0 INURNMENTS The inurnment or burial of a set of cremated remains must be contained in a suitable container and is allowed under certain conditions which must be approved by the Pastor.
No inurnment will be made in a grave not fully paid for, or subject to other agreements made with the Pastor.
The person bringing the cremated remains to the cemetery must give a “Certificate of Cremation” to the cemetery representative who is present.
Once a container containing the cremated remains of a body is within the confines of the Cemetery, the container shall not be opened without the consent of the next of kin or of the legal representative of the deceased, or of an order signed by a court of competent jurisdiction.
Inurnment of a set of cremated remains into a grave where a body has been buried or of two sets of cremated remains in one grave is permitted. When this occurs, special care must be taken to properly mark the graves with the individuals' names.
9.0 CEMETERY DECORATIONS Natural decorations such as potted plants in an approved plant stand, cut flowers, and evergreen wreaths are/are not permitted; however, artificial decorations such as silk flowers are/are not permitted. It is not permissible to plant anything on the lot, nor to use any other forms of artificial decorations without the permission of the management. The Cemetery management has the right to remove any or all decorations when deemed necessary.
10.0 PLANTING ON GRAVES The Cemetery reserves the right to remove all floral designs, flowers, shrubs, or trees from the Cemetery as soon as they become unsightly, dangerous, and/or diseased.
11.0 MEMORIAL WORK No memorials may be placed on any grave that is not fully paid, or other arrangements made with the pastor.
Lot owners may erect proper memorial work on their respective lots subject to the approval of the Management. All monuments shall be set on foundations built of concrete and of the size and depth prescribed by the management in paragraphs 12.0 and 13.0.
All memorials shall be constructed of natural stone. No artificial stone of any kind is permitted.
At least two (2) side-by-side adjoining graves are necessary for erecting a monument. Only one central or family monument shall be allowed on a two-grave or a three-grave combination which permits the construction of a monument.
Memorials may be placed only in the designated areas.
No coping, curbing, fencing, hedging, borders, or enclosures of any kind shall be allowed around any grave(s) and no walks of brick, cinders, tile, terra cotta, sand, cement, gravel, or wood shall be allowed on any grave (s). St Ann Parish Cemetery reserves the right to remove the same if so erected, planted, or placed.
The most suitable ornament on a memorial in a Catholic cemetery is the cross, which accordingly, should be found on every memorial. Epitaphs and symbols on memorials should be in the spirit of the Catholic Christian Church. Hence no memorial work of any kind will be allowed unless there is represented or engraved thereon a cross, or other Christian symbols in keeping with the design and size of the memorial, except that when a monument bears such a symbol, it may be omitted from corresponding markers if desired.
Workmen employed in placing or erecting memorials and other structures or materials shall operate as independent contractors, but must do so under permission from the pastor. The right is reserved to the pastor to refuse to permit such work unless the grounds are thoroughly settled and in good condition.
No memorials may be delivered or installed between November 1 and April 15 without permission from the pastor.
The Cemetery reserves the right to stop all work of any nature, whenever, in its opinion,
proper preparations have not been made;
or when tools and machinery are insufficient or defective;
or when work is being executed in such a manner as to threaten life or property;
or when the monument dealer has been guilty of misrepresentation;
or when any reasonable request on the part of the pastor is disregarded;
or when work is not being executed according to specifications;
or when any person employed on the work violates any rule of the Cemetery.
Crosses, statues, or other grave markers of wood, iron, cement, or any like material are strictly prohibited except for the standard bronze insignia provided for the graves of veterans. When any memorial work has been set in place, it shall not be removed without due process of law or written permission of the management.
12.0 MARKERS At each grave, one single wide marker is permitted or on two adjacent graves, a double-wide marker is permitted.
Single wide makers shall be 24 inches long, 12 inches wide, and not less than 4 inches in thickness.
Double wide markers shall be 42 inches long, 12 inches wide, and not less than 6 inches in thickness.
The bottom of the marker (at the foot end of the grave) shall be 9 feet from the top to the grave.
The marker may not extend into the grave of another owner.
A marker shall be readable from the foot of the grave.
13.0 MONUMENTS The monument shall rest on a base. The overall size of the monument and base shall be defined as follows:
Large monuments: 24” to 42” long and 8” to 12” wide and 13” to 36” high
Small monuments: 24” to 42” long and 8” to 12” wide and Up to 12” high
The monument and base shall rest on a concrete foundation. The foundation shall extend 4 inches beyond the perimeter of the base. A large monument will have a foundation that is 48 inches deep; a small monument will have a foundation that is 24 inches deep. The foundation may not extend into the grave of another owner.
A monument shall be readable from the foot of the grave.
The Cemetery is not responsible for the cleaning, care, repair, replacement, or reseating of monuments.
14.0 TRANSFER OF TITLE
Written consent from the Cemetery pastor is required for any sale, transfer, or assignment of lots.