Saint Joseph Abbey Cemetery Covenants and Restrictions
The following set of covenants and restrictions are adopted for the mutual protection of every plot owner in Saint Joseph Abbey Cemetery and as such apply to all property owners and persons coming into the cemetery. All plots sold shall be subject to these covenants and restrictions and all amendments or alterations as shall be adopted by the Cemetery authority. These covenants and restrictions, reference to which is set out in the title or certificate of ownership and initial contract between purchaser and seller, shall have the same force and effect as if fully set in the aforesaid documents.
1. This cemetery is a private corporation, and it reserves the right to refuse admission to any persons whom the management may deem objectionable to the best interest of the cemetery.
2. All funerals, upon arrival at the cemetery, shall be under the supervision of the cemetery management.
3. The right is reserved by the cemetery to insist upon at least twenty-four (24) hours notice before any interment or entombment, and at least one-week notice prior to disinterment or removal. The cemetery may refuse to make an interment until a more expedient time.
4. The cemetery may enter or open a plot for any purpose on proper authorization by any plot owner of record, providing the title is presented at the cemetery office when request for services is made, unless there are written instructions to the contrary on file in the office.
5. NO INTERMENT SHALL BE PERMITTED OR MEMORIAL PLACED IN OR ON ANY PROPERTY NOT FULLY PAID FOR, except by special permission or consent by the cemetery. Any and all interments or memorials placed in or on said property shall be considered as temporary and a note shall not be considered as payment. No rights shall be acquired by the plot purchaser of said interment or interments until such property is fully paid for in cash. In case the purchaser of said property shall fail to meet all payments within the thirty days after the same are demanded by the cemetery, then the cemetery may re enter said property and hold the same as of its former estate. The cemetery shall be released from all obligations thereunder, and it may retain such payments as may have been made toward the purchase of such property as liquidated damages. The cemetery reserves the right and shall have the right immediately, or at any time thereafter without notice, at its discretion, to remove to any unmarked grave, to be chosen by the cemetery, each of the remains then interred in said property. The cemetery, further, shall have the right to remove any memorial that may have been placed on said property.
6. When instructions from the plot owner regarding the location of an interment space in a plot cannot be obtained or are indefinite, or when for any reason the interment space cannot be opened when specified, the management may, in its discretion, open the interment space in such location in the plot as it deems best and proper, so as not to delay the funeral, and the cemetery shall not be liable for damages for any error so made.
7. The cemetery shall not be responsible for any order given by telephone, or for any mistake occurring from the want of precise and property instructions as to the particular space, size and location in a plot where interment is desired.
8. 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, either by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the cemetery, or, in the sole discretion of the cemetery, by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of remains in such property, the cemetery reserves, and shall have, the right to remove and re-inter the remains to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof. The cemetery shall have the right to correct any error made by placing an improper inscription, including an incorrect date or name, either on the memorial or on the crypt front.
9. Removal, of a body by the heirs so that the plot may be sold for profit to themselves or anyone else, or removal contrary to the expressed or implied wishes of the original plot owner, is repugnant to the ordinary sense of decency and is absolutely forbidden.
10. A body or cremated remains may be removed from its original plot to a larger or more desirable plot in the cemetery, when there has been an exchange or purchase for that purpose.
11. The cemetery shall exercise due care in making a disinterment and removal, but shall assume no liability for damage to any casket or burial case incurred in making the disinterment and removal.
12. All private care in the cemetery must be in conformity with the cemetery's covenants and restrictions.
13. Not more than one body, or the remains of another, shall be interred in one plot, unless said plot has been purchased with the contract agreement that more than one body or the remains of another may be interred.
14. If no interment is made in an interment plot which has been transferred by deed or certificate of ownership to an individual owner, or if all remains previously are lawfully removed, upon the death of the owner, unless the decedent has disposed of the plot either by will by a specific device or by a written declaration filed and recorded in the office of the cemetery authority, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and the decedent's surviving spouse.
15. No transfer or assignment of any plot, or interest therein, shall be valid until the consent of the cemetery has been endorsed thereon and the same has been recorded in the records of the cemetery.
16. The cemetery may refuse to consent to a transfer or an assignment as long as there is any indebtedness to the cemetery from the record plot owner.
17. The cemetery may fix a charge for all transfers of ownership of plots. No transfer of ownership shall be complete or effective until all charges are paid.
18. All grading, landscaping work and improvements of any kind, and all care on plots shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed only by the cemetery.
19. All improvements or alterations of individual property in the cemetery shall be under the discretion of and subject to the consent, satisfaction and approval of the management: and, should they be made without its written consent, the management shall have the right to remove, alter or change such improvement or alteration at the expense of the plot owner or at any time in its judgment, they become unsightly to the eye.
20. All memorials and materials installed in the cemetery must be approved by the cemetery management.
21. The cemetery reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained.
22. Fresh cut flowers placed in authorized vases are permitted, but will be discarded when they wither. Small live potted plants in bloom in authorized containers are allowed until they wither or freeze. Potted plants removed from plots will be kept in the rear of the cemetery for thirty (30) days before disposal. The cemetery does not assume the responsibility for watering potted plants. NO ARTIFICIAL ARRANGEMENTS OF FLOWERS OR GREENERY ARE ALLOWED.
23. Unsightly, over-sized, dirty or unmarked arrangements will be removed as well as those not properly cared for by the family.
24. The cemetery reserves the right to remove and dispose of any flowers or ornaments it deems unsightly, dusty, faded or otherwise repugnant to the overall appearance of the cemetery.
25. Floral frames when removed from the plot site, unless called for within five (5) days by those lawfully entitled to them, may be disposed of by the cemetery in any manner it sees fit.
26. Glass jars, tin cans and other unsightly containers seriously detract from the overall beauty of the cemetery, and WILL BE REMOVED IMMEDIATELY, WITHOUT REGARD TO THE FLOWERS CONDITION.
27. The placing of boxes, shells, rocks, toys, metal designs, ornaments, chairs, settees, vases, glass, planters, wood or iron cases, and/or similar articles, upon plots SHALL NOT BE PERMITTED, and if so placed, the cemetery will immediately remove them.
28. Picnicking and/or the consumption of food and/or beverages are not permitted within the cemetery.
29. Alcoholic beverages of any kind are strictly prohibited within the cemetery.
30. Firearms are not permitted within the cemetery except on special permit from the management or duly constituted authorities.
31. Persons other than plot owners or relatives shall not be permitted to loiter in the cemetery.
32. Dogs and other pets are not allowed in the cemetery except when kept within a motor vehicle.
33. The throwing of rubbish on the grounds is prohibited. Receptacles for waste material are located at convenient places within the cemetery.
34. Automobiles shall not be driven through the grounds at a greater speed than fifteen (15) miles per hour. Automobiles are not allowed to park or to come to a full stop in front of an open grave unless such are in attendance at the funeral.
35. Peddling of flowers or plants, or soliciting the sale of any commodity is prohibited within the confines of the cemetery. Solicitation of any kind is strictly forbidden at any time in the cemetery without the approval of the cemetery management. Violation of this rule will result in immediate dismissal from the cemetery.
36. No signs or notices or advertisements of any kind shall be allowed in the cemetery, unless placed by the cemetery.
37. Except at time of funeral service and special holidays (Easter, Memorial Day, All Saints, Veterans Day, Thanksgiving and Christmas), wreaths, baskets and stand pieces are not allowed. Any person availing himself of this privilege should remove the ornament within five (5) days of placement.
38. Visitation in the cemetery will be restricted to daylight hours.
39. In the event that it becomes necessary to repair or reconstruct any marble, granite, bronze or concrete work on any section or plot, or any portion or portions thereof in the cemetery, which has been damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief maker, explosions, unavoidable accidents, invasions, insurrections, riots or by order of any military or civil authority. The cemetery shall be given a ten (10) day written notice of the necessity for such repairs through the United States mail, and also to the plot owner on record at his or her address as stated on the books of the cemetery. In the event the plot owner fails to respond to notice of needed repairs within a reasonable time, the cemetery may direct that the repairs be made and charge the expense against the plot or to the plot owner of record. No further interments will be allowed in repaired property until all repair charges have been paid in full.
40. The cemetery shall have the right to maintain guards if in its discretion it deems it necessary but is under no legal obligation to do so. Whether or not guards are used, the cemetery distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control.
41. It shall be the duty of the plot owner to notify the cemetery of any change in his or her post office address. Notice sent to a plot owner at the last address on file in the office of the cemetery shall be considered sufficient and proper legal notification.
42. No monument or marker or flower vase shall be removed from the cemetery, except by the management, unless the written order of the plot owner be presented at the office of the cemetery and permission be granted by the cemetery.
43. The certificate of ownership (TITLE), and these covenants and restrictions and any amendments thereto shall be the sole agreement between the cemetery and the plot owner. The statement of any sales agent shall in no way bind the cemetery.
44. Special cases may arise in which the liberal enforcement of a rule may impose unnecessary hardship. The cemetery, therefore, reserves the right, without notice, to make exceptions, suspensions, of modifications in any of these covenants and restrictions when, in its judgment, the same appear advisable; and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule.
45. The cemetery may, and it hereby expressly reserves the right, at any time or times, to adopt new covenants and restrictions, or to amend, alter or repeal any covenant, restriction, article section, paragraph or sentence in these covenants and restrictions.
Adopted by unanimous consent
of the Board of Directors of Saint Joseph Abbey Cemetery November 2004