General Rules and Regulations

CHRISTIAN BURIAL of the faithful by the Church is more than a pious tradition, it is a corporal work of mercy. The Church’s whole Rite of Christian Burial for the faithful departed and the setting apart of their temporal resting places gives honor to them and to their faith. In so doing, the Church reminds the living of their heavenly goal as they pass through this life seeking the joyful hope of the Resurrection.

It is our purpose that the cemeteries be a fitting resting place for our beloved dead while they sleep the sleep of peace and await the promise of all people…

“And God will wipe away every tear from their eyes, and death shall be no more, neither shall there be mourning, nor crying, nor pain anymore, for the former things have passed away.” – REVELATION: 21:4

The rules and regulations contained herein have been set forth to insure that our cemeteries preserve the sacredness of their consecrated grounds.

Catholic Cemeteries (the Cemeteries) are intended for the interment of Catholics who are entitled to Christian Burial according to the rules and discipline of The Roman Catholic Faith as set forth in the Directives for Christian Burial for the Diocese of Brooklyn as construed by the Ecclesiastical Authorities of the Diocese. Any questions of the burial of either a non-Catholic member of a plotholder’s family or of any person not entitled to Christian Burial shall be decided exclusively and solely by the Ecclesiastical Authorities of the Diocese in accord with the rules and discipline of The Roman Catholic Church as set forth in the Directives for Christian Burial for the Diocese of Brooklyn.

• BURIAL (interment) shall mean either earth interment or entombment.
• CARE shall mean that care of the cemeteries herein defined.
• CEMETERY AUTHORITIES as used herein means the Executive Director administering the cemeteries owned and operated by Saint John’s Cemetery and those persons to whom said Executive Director has delegated the operation of the cemeteries.
• CEMETERY consists of all the property for earth burials and mausoleums for crypt entombments as well as all other property designated for use as or in conjunction with the cemeteries.
• CERTIFICATE OF RIGHT OF BURIAL grants only the privilege of interment and entombment as defined above and is not to be construed as a deed to the land itself.
• CREMATED REMAINS (the cremated body), are human remains after the process of cremation has been completed.
• CRYPT shall mean a space of sufficient size in a mausoleum, underground or above ground vault, used or intended to be used to entomb human remains.
• DEEDS are not issued by the cemetery. (See Certificate of Right of Burial)
• DIOCESE is the Roman Catholic Diocese of Brooklyn, NY.
• ENTOMBMENT shall mean burial in a community mausoleum crypt, underground family vault or private mausoleum vault.
• GRAVE shall mean a space of ground in the cemetery used or intended to be used for the burial of human remains.
• LOCAL ORDINARY shall mean The Roman Catholic Bishop of The Roman Catholic Diocese of Brooklyn, NY.
• MAUSOLEUM shall mean a structure used for above-ground crypt entombments.
• MEMORIAL shall include monument, grave marker, mausoleum, sarcophagus, vault or inscription on crypt fronts for one or more deceased persons.
• NICHE (CREMATION NICHE SPACE) shall mean that specific niche above-ground crypt space designed solely for the entombment of cremated remains.
• PLOT shall include and apply to three or more adjoining graves, all of which are recorded on the same Right of Burial certificate.
• PLOTHOLDER(S)/OWNERS(S) shall mean a person(s) who has been granted interment or valid entombment rights or who holds same by right of inheritance or valid transfer.
• RIGHT OF BURIAL shall mean only the privilege of interment or entombment in the cemetery. It DOES NOT convey any right, title and interest in and to the land or structures themselves.

The Cemetery Authorities reserve the right to admit or refuse admission to the cemetery and shall permit or refuse the use of any of the cemetery’s equipment or facilities at any time to any person or persons as the rules, judgment and tradition may dictate as determined in the sole and absolute discretion of the Executive Director of Catholic Cemeteries.

Only persons eligible for burial in Roman Catholic Cemeteries may be interred in these cemeteries.

Eligibility for burial in these Roman Catholic Cemeteries shall be determined by and in conformity with the norms of Canon Law of The Roman Catholic Church and the laws and disciplines of the Roman Catholic Faith, now or hereafter existing in respect to the government of these cemeteries, as construed by the Ecclesiastical Authorities of such Diocese. The Cemetery Authorities reserve the right to demand written evidence of eligibility for burial in these cemeteries according to the norms of Canon Law of The Roman Catholic Church and the rules and discipline of the Roman Catholic Faith.

The Certificate of Right of Burial grants only the right or privilege of burial to the plotholder and not title or any other interest in and to any land or structures themselves.The ownership of the Certificate of Right of Burial shall not be assignable or transferred without the prior approval in writing of the Executive Director of Catholic Cemeteries. This approval shall be in the sole and absolute discretion of the Executive Director of Catholic Cemeteries.

The Cemetery Authorities shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made, or where the rules and regulations have not been complied with, or where said rules and regulations shall forbid such interment. Any protest must be in writing and filed at the Main Office of the cemeteries. No verbal protests will be accepted or acted upon by the Cemetery Authorities.

The Cemetery Authorities reserve the right to refuse a request for any interment or opening of a grave, plot or crypt for any purpose except on proper written authorization from any plotholder(s) of record, or, if deceased, from any subsequent plotholder(s). To avoid serious inconvenience the Cemetery Authorities may accept from the plotholder(s) a facsimile or electronic interment authorization.

Where there are written instructions of the plotholder(s), duly acknowledged by a notary public, on file at the Main Office of the cemeteries, such instructions will be honored except when said instructions are contrary to the law or are in violation of the rules and regulations of the cemeteries as set forth herein.

The Cemetery Authorities shall not be responsible for any order given by telephone or other electronic means or any mistake occurring from the want of proper instructions as to the size of the casket, or as to the particular grave or crypt location where the interment is to be made. An equitable charge will be made whenever additional labor costs result from such mistakes.

All arrangements for interments, purchase of burial rights or removals made by a plotholder through a funeral director or other agent shall be binding upon said plotholder.

All funerals upon entering the cemeteries are subject to the supervision of the Cemetery Authorities in the sole and absolute discretion of such authorities.

A burial permit for each funeral as required by the local governmental or public authority having jurisdiction of the matter must be presented to the Cemetery Authorities before interment is commenced.

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

The Cemetery Authorities reserve, in their sole and absolute discretion, the right to refuse permission to anyone to open the casket or to touch the body without presentation of a court order or competent jurisdiction. No casket shall be opened at anytime whatsoever within the cemeteries unless all requirements of the local governmental or public authority have been fulfilled.

No article or items shall be removed, without a court order of a court of competent jurisdiction, from any human remains and from within the casket at anytime whatsoever while a body is within these cemeteries.

(1) No disinterment or removal within the cemetery shall be allowed except for good reason and then with the written approval of the Cemetery Authorities, in their sole and absolute discretion, and the written authorization of the plotholder(s) or any other necessary person all in accordance with any civil and Church laws. (2) No disinterment or removal from the cemetery shall be allowed except for good reason and then upon order of a court of competent jurisdiction in accordance with applicable civil and Church laws.

Only cemetery personnel shall be present at a disinterment except in those situations requiring non-cemetery personnel to assist in the disinterment. In these situations such authorized additional personnel shall be permitted. The determination of whether or not non-cemetery personnel are necessary or appropriate to be present shall be in the sole and absolute discretion of the Cemetery Authorities.

The Cemetery Authorities shall exercise due care in making a disinterment and removal, but the Cemetery Authorities shall assume no liability for the damage to any casket or outer container incurred in making the disinterment and removal.

The hour and manner in which interments, disinterments and removals will or will not be permitted shall be designated in the sole discretion of the Cemetery Authorities.

Every effort will be made to provide graveside services when circumstances, time, safety, etc. permit. The determination of whether or not circumstances, time, safety, etc. permit graveside services shall be in the sole and absolute discretion of the Cemetery Authorities.

Interment Chapels are available for those requesting them in lieu of graveside services or when graveside services are not available.

Commital services for entombments in all community mausoleums, which include garden mausoleums, shall take place in an Interment Chapel as designated by the Executive Director of Catholic Cemeteries.

No one shall be allowed to witness the sealing of the outer box, crypt protector or the entombment in the crypt in private or community mausoleums.

In addition to being subject to these rules and regulations, all interments, entombments, disinterments/disentombments and removals shall be subject to the orders and laws as required by the local governmental or public authority having jurisdiction in such matters.

In the event any error shall occur in the Certificate of Right of Burial, the Cemetery Authorities shall have the right to correct the same by canceling such Certificate and substituting a Certificate of Right of Burial in such other grave, plot or crypt of as nearly equal value and similar location as may be possible, to be selected by the Cemetery Authorities, or in the sole and absolute discretion of said Cemetery Authorities, by refunding the sum paid on account of said purchase. In the event any such error shall involve interment, entombment, disinterment, disentombment or removal of the remains of any person in any grave, plot or crypt, the Cemetery Authorities reserve, and shall have, the right to remove and reinter the remains in such other grave, plot or crypt of equal value and similar location as may be substituted therefore.

In the event necessity requires, the Cemetery Authorities may take appropriate steps to correct any obnoxious or improper condition.

The Cemetery Authorities reserve the right to specify the terms of purchase of all interment rights in graves, plots or crypts and to fix the number of interments allocated to a grave, plot or crypt.

If the purchaser fails to carry out the terms of the purchase agreement, the Cemetery Authorities may declare said agreement canceled and all rights of the purchaser in and to the grave, plot or crypt are forfeited. Notice of such forfeiture mailed to the last address of such purchaser appearing on the cemetery records shall be deemed sufficient. Thereafter any rights will revert to the cemeteries and it may re-enter and repossess itself of the grave, plot or crypt and hold same as if such Right of Burial had not been granted. No waiver of any such breach shall revoke or impair any of the rights of the cemeteries herein contained for any subsequent breach, nor operate as a waiver as to such breach.

NOTE: A purchaser does not obtain the Right of Burial to the grave, plot or crypt until the purchaser fulfills all terms as specified in the respective purchase agreement.

No coping, curbing, fencing, hedging, borders or enclosures of any kind shall be allowed around the grave or plot. The Cemetery Authorities reserve the right without prior notice to remove same if so erected, planted or placed.

The use of the space(s) of a grave, plot or crypts(s) is for the interment/entombment of the holder(s) of the Right of Burial or any eligible person approved by the cemeteries and authorized in writing by such holder(s).

The Certificate of Right of Burial granted is not transferable/assignable without the written consent of the Cemetery Authorities. Such consent shall be in the sole and absolute discretion of the Cemetery Authorities.

The owner of the Certificate of Right of Burial, as defined in these rules and regulations, shall not have any right to sell, transfer, assign, exchange or in any manner dispose of said grave, plot, crypt(s) or any part thereof, or any right of interest therein without the written consent of the Cemetery Authorities. Such consent shall be in the sole and absolute discretion of the Cemetery Authorities.

There shall be no subdivision of graves, plots and crypts.

No duplicate Certificate of Right of Burial shall be issued.

In the event of the death of the owner of Right of Burial, such Right of Burial shall pass according to the applicable laws of NY State except to the extent said civil laws conflict with the teachings and beliefs of the Church. For purposes of cemetery administration, however, the original owner’s name will not be changed on the Certificate of Right of Burial.

The passing of a Right of Burial may not be affected by a Last Will and Testament unless specifically described and devised in a duly probated Last Will and Testament. For full details it is recommended that you consult your own attorney.

When no person holding the Right of Burial is living, burials rights will have terminated.

Each owner of the Right of Burial shares equally and jointly in the burial privileges (rights) in the grave, plot or crypt(s) as long as space is available. Rights of individual owners to burial in the grave, plot or crypt(s) will be determined by the order of their death.

An owner may release this right at any time, but only to another owner or to the other owners jointly. Said release must be duly acknowledged by a Notary Public and then only with the approval of the Executive Director of Catholic Cemeteries. Said approval shall be in the sole and absolute discretion of the Executive Director of Catholic Cemeteries.

Transfer, release or assignment of a grave, plot or crypt(s) may be made only by the original owner of the Certificate of Right of Burial, or if deceased, by all the subsequent owners of Right of Burial consenting in a duly acknowledged statement before a Notary Public and then only with the approval of the Executive Director of Catholic Cemeteries. Said approval shall be in the sole discretion of the Executive Director of Catholic Cemeteries.

The Cemetery Authorities reserve the right at any time or from time to time to erect buildings, or for any purpose or use, connected with, incident to, or convenient for, the care of, preservation of, or preparation for the interment of human remains or other cemetery purposes:

Resurvey, enlarge, diminish, replat, alter in shape or size or otherwise change all or any part or portion of the cemeteries.

Layout, establish, close, eliminate or otherwise modify or change the location of roads, walks or paths.

The Cemetery Authorities shall have, to be exercised at any time and from time to time, rights of way over and through all of the cemeteries’ premises for the purpose of installing, maintaining and operating pipe lines, conduits or drains for sprinklers, drainage, and electric or communication lines or for any other cemetery purposes.

No right of interment is granted to any plotholder in any walk, road or drive within the cemetery, but such walk, road or drive may be used as a means of access to the cemetery and its buildings as long as the Cemetery Authorities devote such walk, road or drive to that purpose.

The Cemetery Authorities, their agents and employees, other plotholders and those reasonably entitled thereto, shall have a perpetual right over graves and plots to pass to and from other graves and plots.

Children under age 16 years of age are not permitted within the cemeteries unless accompanied by proper persons to take care of and supervise them.

Visitors are not permitted to bring animals into the cemeteries or into any buildings in the cemeteries.

Turf shall not be disturbed for any purpose except under written authorization or supervision of the Cemetery Authorities.

The right is reserved by the Cemetery Authorities, in their sole and absolute discretion, to regulate the method of decorating graves or plots, so that uniform beauty may be maintained. The use of ornaments, statuary, shells, Christmas tree decorations, glass or crockery jars and containers, barriers, and other decorations shall not be permitted on any grave, plot, or memorial and such articles shall be removed by the Cemetery Authorities without notice. The Cemetery Authorities shall not be liable for these items.

The Cemetery Authorities shall not be liable for vases, floral pieces, baskets of flowers or other like items placed on or by graves.

The Cemetery Authorities reserve the right to remove all floral pieces immediately after the interment services.

Automobiles, funeral cars and other vehicles must be kept under control at all times and at no time shall such vehicles drive through the gates or within the cemeteries at a speed in excess of 10 miles per hour or as otherwise posted.

All non-cemetery vehicles must park on the road(s) except as posted and AT NO TIME PARK ON THE LAWNS.

The Cemetery Authorities reserve the right to refuse admission to the cemeteries of bicycles, scooters and motorcycles. At no time are skating, rollerblading, jogging or other like physical activities permitted in the cemeteries. No assemblages, bands or music producing devices shall be permitted in the cemeteries without the expressed consent of the Cemetery Authorities. Such consent shall be in the sole and absolute discretion of the Cemetery Authorities.

Photographs of any kind, or other representations of the person interred are not permitted, with the exception of etchings or cameo memorialization where and as authorized by Cemetery Authorities.

Emblems of non-religious organizations are not permitted on graves or plots. Notwithstanding, the emblems of police and firemen may be permitted in the sole and absolute discretion of the Cemetery Authorities.

Flags and veterans emblems may be placed on graves, but will be removed for proper disposal by the Cemetery Authorities when they become torn or discolored.

Idling, loafing, loitering or any boisterous demonstration within the cemeteries or any of the buildings is prohibited.

Throwing of rubbish or garbage on roads, driveways, graves or plots or any parts of the grounds or in the buildings is prohibited.

Picnicking or partaking of any refreshments, beverage or food by visitors within the cemeteries is prohibited.

No one shall pick any flower, or break any branch, or remove, injure, paint, mark or cut any tree, plant or shrub.

No one shall be permitted to sell flowers, plants or any other article or item, or to solicit the sale of any commodity whatsoever within the cemeteries.

No signs, notices or advertising of any kind shall be allowed within the cemeteries except those placed by the Cemetery Authorities.

No assemblages, bands or music producing devices shall be permitted in the cemeteries without the expressed consent of the Cemetery Authorities. Such consent shall be in the sole and absolute discretion of the Cemetery Authorities.

Skating, rollerblading, jogging or other like physical activities are strictly prohibited.

All grading and improvements of any kind and all care and maintenance of graves and plots shall be done solely by or at the direction of Cemetery Authorities.

The landscape plans of the Cemetery Authorities in respect to the location and varieties of trees and shrubs planted or to be planted shall be adhered to, which plans, among other things, provide that no trees or shrubs shall be planted on single or double graves; only plants approved by the Cemetery Authorities shall be planted and then only in approved planting spaces pursuant to the planting regulations of the Cemetery Authorities; and, in those areas designated as Shrine Sections, Garden Crypts or Community Mausoleums, all planting shall be done by the Cemetery Authorities and, where permitted, only flowers in approved containers shall be allowed; and, the Cemetery Authorities shall have the right to remove any trees, shrubs, or plants which, in the sole discretion of the Cemetery Authorities, violate any such plans, obstruct any adjacent lot, walk or road, or in the sole and absolute judgment of the Cemetery Authorities hinder any cemetery operations or are injurious to the general appearance of the cemeteries.

No workmen other than cemetery employees will be permitted to work in the cemeteries unless specifically authorized by the Cemetery Authorities. Such authorization shall be in the sole and absolute discretion of the Cemetery Authorities.

Plotholders may have certain work done in accordance with the rules and regulations of the cemeteries at their own expense upon application and approval by the Cemetery Authorities. Such approval shall be in the sole and absolute discretion of the Cemetery Authorities.

Cemetery employees are not permitted to do any work for plotholders except upon the order of the Cemetery Authorities, but they are required to be courteous at all times to all visitors.

Under penalty of dismissal no cemetery employee shall receive any fee, gratuity or commission directly or indirectly.

No cemetery employee shall be connected directly or indirectly with any firm doing business with the cemeteries.

The cemetery is neither liable nor responsible for any personal injury, loss or damage from causes beyond their reasonable control and especially from damage by an act of nature, the elements, insurrections, riots, orders of any military or civil authority, thieves, robbers, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents or any similar causes beyond the control of said Cemetery Authorities.

It shall be the obligation of the plotholder to notify the Cemetery Authorities of any change in his post office address. Notice sent to a plotholder at the last address of record at the cemetery office shall be considered sufficient and proper notification.

Endowed care means the care, maintenance and improvement of the graves, plots and the cemetery necessitated by natural growth and ordinary wear, which can be provided for by income from endowed care funds, and includes cleaning, cutting, watering and care of lawns, trees and shrubs planted by the Cemetery Authorities, the cleaning and maintenance of roadways, cemetery buildings and walks and the general embellishment of the cemetery. It shall not include the care and maintenance of the plotholder(s) private planting(s), monument or grave marker, etc.

Annual care means cutting and trimming of grass, and other grave and plot maintenance, at the discretion and convenience of the Cemetery Authorities, on the graves or plots not under the provisions of endowed care. The plotholder(s), or their heirs, are responsible for and are expected to pay annual care charges. In the event yearly payment of such charges is not received, such unpaid charges shall be applied against the grave or plot and shall be due and payable before further use of the grave or plot is permitted, or permitting any form of affidavit or grave test relating to the grave or plot. Annual care shall not include the care and maintenance of the plotholder(s) private planting(s), monument or grave marker.

In the event such annual care charges have not be paid for twenty (20) consecutive years, such graves or plots on which these charges remain unpaid shall be deemed abandoned in the sole discretion of the Executive Director of Catholic Cemeteries. Thereafter, all right therein shall be deemed terminated and the right of burial therein may be granted by the Cemetery Authorities to others.

The term “Care” shall in no case mean (1) the maintenance, repair or replacement of any memorial placed or erected upon any grave or plot; (2) the planting of flowers or ornamental plants; (3) the doing of any special or unusual work in the cemeteries, including work caused by impoverishment of the soil or disruption of water supply or facilities; (4) the reconstruction of any memorial, granite, bronze or concrete work on any section of a grave or plot, or any portion or portions thereof in the cemeteries, injured or damaged by any cause, direct or indirect, beyond the reasonable control of the Cemetery Authorities.

The endowed care funds shall be managed in accordance with the Uniform Management of Institutional Funds Act as set forth in the NY State Not-For-Profit Corporation Law, as the same shall be amended from time to time.

The Cemetery Authorities reserve the right to issue detailed regulations and instructions pertaining to the kind, size, design, symbolism, craftsmanship, quality and material of memorials and crypts, including lettering, inscriptions, and epitaphs to be placed in cemeteries.

Memorial dealers shall abide by all the rules and regulations of the Cemetery Authorities, and must provide an acceptable certificate of insurance as required by the cemeteries in advance before conducting any work on the grounds of the cemeteries.

Each memorial shall have an acceptable Catholic symbol thereon as determined by the Cemetery Authorities in their sole opinion.

Size of memorials will vary with the size of the grave or plot. Information regarding size of memorials should be requested of the Cemetery Authorities at the time of purchasing the Right of Burial.

All memorials shall be made of granite except in those specifically and expressly designated areas of the cemeteries where another material is required by the Cemetery Authorities in their sole and absolute discretion.

All memorials are subject to the approval of the Cemetery Authorities prior to the placement and acceptance or rejection shall be based upon such approval. Such approval shall be in the sole and absolute discretion of the Cemetery Authorities.

A detailed plan and design of a memorial must be submitted to the Cemetery Authorities for approval before a work permit will be issued, and no memorial shall be erected or placed until checked, approved and accepted by said Authorities. If the memorial does not conform in every detail to the approved design, it shall be the sole responsibility of the dealer and the person authorizing the erection of the memorial to correct any errors or deficiencies in workmanship and materials at their sole cost and expense.

The location and position in which a memorial is to be placed or erected on a grave or plot shall be entirely subject to the approval of the Cemetery Authorities. Such approval shall be in the sole and absolute discretion of the Cemetery Authorities.

All memorial work, memorial placement or removal shall be on written order. The signature of the plotholder(s), or if deceased, any other rightful heir(s) will be required for memorial work. Any other individual is subject to the sole and absolute discretion of the Cemetery Authorities.

All upright memorials on graves or plots are required to have a base.

No memorial shall be permitted on a grave or plot until the purchase price of said grave or plot has been paid in full and the grave or plot has been placed in endowed care, and all outstanding charges due are paid in full.

The Cemetery Authorities reserve the right to install and fix charges for memorial foundations, and the right to demand that such charges be paid in advance before said work is completed.

That the burden of keeping any such monument, memorial, marker, etc. in a safe and proper state of repair shall be on the plotholder. All monuments must have foundations for proper support. Foundations are the responsibility of the plotholder though the cemetery shall install all foundations for a charge, where applicable. Foundations, however, like all construction materials will deteriorate due to natural causes and will not last forever. The replacement of a foundation is the responsibility of the plotholder and the cemetery will replace the foundation at a charge to the plotholder.

The Cemetery Authorities reserve the right to remove and replace all memorials as they deem necessary, in their sole and absolute discretion, for the proper maintenance of the cemeteries.

Markers shall be installed by the Cemetery Authorities. Setting fees for certain markers may apply.

Non-cemetery employees, in placing or erecting memorials and other structures, or bringing materials to such work in regard to such work shall operate with the permission of the Cemetery Authorities and are subject to the supervision of the Cemetery Authorities.

The Cemetery Authorities reserve the right to stop all work of any nature whenever in their sole and absolute opinion the proper arrangements have not been made, or when work is being done in such a manner as to endanger life or property, or when there is evidence of misrepresentation, or when any reasonable request by the Cemetery Authorities is disregarded, or when any person employed on the work violates any rules of the Cemetery Authorities.

The Cemetery Authorities reserve the right to correct any error that may be made by their employees or by any other person or persons in the location or placing of a memorial.

Soliciting memorial sales or memorial work within the cemeteries is not permitted.

Private mausoleums, tombs or sarcophagi, either wholly or partially above the ground, shall be constructed on lots designated by the Cemetery Authorities. Plans, specifications, materials and location in the lot of such mausoleum, tomb or sarcophagus shall be subject to the approval of the Cemetery Authorities. Said approval shall be in the sole discretion of the Cemetery Authorities.

An endowed care fund is established upon purchase of the private mausoleum site, and other structures mentioned, and these funds shall be managed in accordance with the Uniform Management of Institutional Funds Act as set forth in the NY State Not-For-Profit Corporation Law, as the same shall be amended from time to time. Endowed care shall include the cleaning of the interior of the structure and the maintenance of the outside lawns. This endowed care shall not include the repair or replacement of the structure, stained glass windows, and works of art or personal property placed in the mausoleum or the care of private plantings. The amount of the funds shall be determined at the sole and absolute discretion of the Cemetery Authorities.

Prior to erection of a private mausoleum or other structure, it will be necessary to establish an Endowed Mausoleum Care Fund. These funds shall be managed in accordance with the Uniform Management of Institutional Funds Act as set forth in the NY State Not-For-Profit Corporation Law, as the same shall be amended from time to time. Endowed Mausoleum Care only applies to the structural maintenance, care and repair of the structure and does not include lawn care, personal property located in or by the structure, or ordinary polishing and cleaning provided for by general endowed care. The other specific terms and conditions of Endowed Mausoleum Care shall be set forth pursuant to a separate agreement between the cemetery and the plotholder(s) that created this fund. The amount of such funds shall be determined at the sole and absolute discretion of the Cemetery Authorities.

The Cemetery Authorities shall have the right to enter a private mausoleum at any time in the performance of their duties and responsibilities. A key to the mausoleum door shall be kept in the cemetery office.

When an entombment is made in a private mausoleum, the crypt shall be properly sealed as directed by the Cemetery Authorities. All inscription work shall be the sole responsibility of the plotholder(s) and subject to the approval of the Cemetery Authorities.

All bodies entombed in above-ground crypts in private, community or garden mausoleums shall be embalmed.

A receiving vault (if available) may be used for temporary entombments subject to the rules and regulations and to the other terms and provisions of the receiving vault agreement.

A receiving vault is for temporary use only and subject to a monthly rental and under no circumstances shall a body be considered as interred by reason of being place therein.

The remains of any person who has died of an infectious or contagious disease shall not be allowed to be placed in a receiving vault.

The body shall be removed from a receiving vault within a reasonable time which in no case shall exceed three (3) months unless the Cemetery Authorities in their sole and absolute discretion shall consent to a longer period.

The Cemetery Authorities, in their sole and absolute discretion reserve the right, without notice, to remove from a receiving vault at once and inter any remains not in a good state of preservation, or when the condition of the body/container renders its interment necessary.

The amount of the deposit, handling fees and monthly rental fee shall be determined by the Cemetery Authorities.

Upon failure to pay such rental, or to make suitable arrangements for the final interment of the remains within a reasonable time, the Cemetery Authorities may remove the remains from a receiving vault and cause the same to be interred in any grave whatsoever that they may select after first giving seven (7) days written notice by deposit of a letter in the United States Post Office or a mail box under the control of the United States Post Office with postage thereon duly prepaid to the person making the placement at the address stated on the cemetery records. In the event of such failure or default, the Cemetery Authorities are empowered to act as duly appointed agent in obtaining all necessary interment or health permits for said removal and interment. Any deposit made shall be applied by the Cemetery Authorities against any expense incurred by them.

The Cemetery Authorities will exercise due care in making a removal but shall assume no responsibility for damage to any casket or burial case incurred in making the removal.

If the body is to remain in a receiving vault longer than ten (10) days, the casket is to be placed in a zinc-lined hermetically sealed outer box or other casket protector as authorized by Cemetery Authorities. All bodies being placed in a receiving vault shall be embalmed.

Indoor and outdoor community mausoleums in the cemeteries are under the jurisdiction of the Cemetery Authorities and the Certificate of Right of Burial does not grant any other right than the right of entombment. The Certificate of Right of Burial is not transferable or assignable without the written consent of the Cemetery Authorities. Said consent shall be in the sole and absolute discretion of the Cemetery Authorities.

All rules and regulations pertaining to the cemeteries apply to all community mausoleums.

Pictures of the deceased are not permitted with the exception of a specific type of cameo memorial which is authorized by Cemetery Authorities and purchased at the cemetery office. Prayer cards of the deceased are not permitted on crypt fronts.

Statues or any ornamentation are not permitted.

NO FLOWERS, FRESH OR ARTIFICIAL, ARE PERMITTED IN ANY COMMUNITY MAUSOLEUM OPERATED BY THE CATHOLIC CEMETERIES, DIOCESE OF BROOKLYN, except as noted below:

Only fresh flowers in designated areas in approved type containers are permitted in Units 1 through 5 of St. John Cloister location in St. John Cemetery and Holy Cross Cloister located in Holy Cross Cemetery. Artificial flowers are not permitted.

Epitaphs on crypt fronts are not permitted.

Flowers or other items are not permitted on the individual crypts.

Any defacing of the inscription or crypt front by use of crayon, pencil, adhesive, etc. will result in the removal of the crypt front to be cleaned. The cost of such cleaning will be charged to the owner(s) and the front may not be replaced until such payment has been made.

No individual lighted candles are permitted in or by community mausoleums. In some areas, candle units have been installed for the general public. Contact the cemetery office for information.

Owner(s) of private rooms are subject to the same rules and regulations as stated above.

Only a crucifix and two vases of flowers may be placed on the console in a private room. A covering for the console is not permitted. The console is not to be used as an altar.

Mass is not permitted to be said in private rooms.

VIOLATIONS WILL BE REMOVED, TAGGED AND HELD FOR THIRTY (30) DAYS AFTER WHICH THE CEMETERY AUTHORITIES WILL DISCARD THEM.

A MEMORIAL SHALL BE DEFINED TO INCLUDE AN UPRIGHT MONUMENT, GRAVE MARKER, SARCOHPAGUS, MAUSOLEUM, VAULT OR INSCRIPTION ON A CRYPT FRONT OR FRONTS FOR ONE OR MORE DECEASED PERSONS.

The Cemetery Authorities, in their sole and absolute discretion, reserve the right to approve the type of material to be used as well as the propriety of the design and the proportion of the dimensions of the stonework, to be erected. The Cemetery Authorities, in their sole and absolute discretion, reserve the full right to make rules restricting, abolishing or specifying markers, monuments, or other structures of a certain description, size or material.

The Cemetery Authorities reserve the right to construct all foundations and to perform certain related work.

The location and position in which a memorial is to be placed or erected on a plot shall be entirely subject to the approval of the Cemetery Authorities. Said approval shall be in the sole and absolute discretion of the Cemetery Authorities.

On all memorials if a religious bas-relief carving is not shown, then a cross in proper dimensions must be engraved thereon; such a cross must be of noteworthy size and may be enhanced with floral carvings/rosary/prayer book/bible or other dignified religious symbols or decorations as determined in the sole and absolute discretion of the Cemetery Authorities.

The monument dealer must submit written authorization from the person requesting erection of a memorial and/or certain related work. All stonework must be performed in accordance with the location, specification and sketch as outlined on the approved memorial dealer application.

No stonework shall be permitted until application for stonework has been submitted on forms supplied by the cemetery, with a sketch showing design in detail, ornamentation, all dimensions of stonework, type of finish of exposed surfaces and any inscription exactly as they will appear on the finished product, and such application has been approved by the Cemetery Authorities in writing. Said approval shall be in the sole and absolute discretion of the Cemetery Authorities.

The Certificate of Right of Burial, or if not available other appropriate and recognized evidence of ownership, must accompany all stonework applications.

Only one memorial shall be permitted for each Certificate of Right of Burial issued.

The Cemetery Authorities, in their sole and absolute discretion, reserve the right to reject any plan or design for a memorial which because of size, design or inscription is unsuitable to good taste or heretical in nature or substance.

No memorial or other stonework shall be allowed to be erected on plots or graves until the purchase price of such grave or plot has been paid in full.

No memorial or other stonework may be erected unless provision is made to place the grave or plot in endowed care.

No change, new stonework or addition in stonework can be approved for any grave or plot against which there is an unpaid charge due the cemetery for annual care, endowed care, or any outstanding fees due.

The monument dealer or its agents/sub-contractors must abide by the rules and regulations of the cemetery now in force or hereafter adopted in the erection of the memorial work.

Work is to be suspended if an interment is taking place in the immediate vicinity until the services are completed.

Approved applications and work permits for lettering and other related work shall be carried on the person of the party performing such work, and shown to the Cemetery Authorities upon their demand for their inspection.

No memorial once erected may be removed from the cemetery by the monument dealer without written permission of the plotholder(s) and written approval of the Cemetery Authorities or by court order of a court of competent jurisdiction.

In the event that through oversight, error or other reason, violations of the stonework policy have occurred, a precedent is not set and such violation shall not be repeated.

No member of the cemetery staff shall be interested directly or indirectly in any business connected with the erection of mausoleums, monuments, vaults, etc. nor shall they recommend the employment of any particular firm.

If, in the sole and absolute discretion of the Cemetery Authorities, the completed memorial should not comply with said rules and regulations, it will, at the request of the Cemetery Authorities, be removed by the dealer within three (3) days of such request without cost to the cemetery or the plotholder(s).

Bases are required on all upright memorials in all sections, unless otherwise specified in the agreement of purchase of the Right of Burial, and bases must be of the same color, quality and type of granite as the die of the memorial.

All Certificates of Right of Burial held by memorial dealers should be returned to the plotholder. Retaining the Certificate of Right of Burial does not prevent the use of the grave or requesting of additional inscription work by the plotholder(s). Affidavits for such needs will be recognized by the Cemetery Authorities if the Certificate of Right of Burial cannot be obtained.

All plotholders purchasing sites beginning in 1979 are also subject to all terms, conditions, and memorial stipulations as is recorded on both the contract of sale and any attachments made part of the contract.

No stonework shall be permitted until application for stonework has been submitted on forms supplied by the cemetery, with a sketch showing design in detail, ornamentation, all dimensions of stonework, type of finish of exposed surfaces and any inscriptions exactly as they will appear on the finished product.

Inscriptions—Applications for new inscriptions on existing memorials must be submitted on forms supplied by the cemetery and must show a sketch of the memorial with existing inscriptions and the position of the new engraving. New inscription work must match the existing work in design and workmanship. Should space not be available, any documented requested workmanship not in compliance with this regulation must be reviewed by the Cemetery Authorities and such decision is to be determined by the sole and absolute discretion of the cemetery.

Refacing of Existing Memorials—Applications for refacing of existing memorials and re-engraving of same must be made on forms supplied by the cemetery and must show a sketch of the existing memorial and inscriptions and a sketch of the new engraving layout. All original inscriptions must be retained on the refaced memorial. An affidavit signed by the original plotholder, or if deceased all rightful heirs must accompany the application.

Applications for stonework must have all items completed.

Stonework applications must be submitted in triplicate.

The Certificate of Right of Burial or appropriate affidavit/documents must accompany all stonework applications.

The Cemetery Authorities will notify the monument dealer, in writing, of approval of stonework applications.

All applications are accepted with the condition that the memorial is subject to the final inspection of the Cemetery Authorities. Should the memorial, in the sole and absolute judgment of the said Authorities, not comply with the furnished specifications, the memorial must be brought into conformity with the rules and regulations of the cemetery before it can be installed; if through oversight, error or other reason the memorial has been installed, it is to be removed from the grave or plot by the memorial dealer at the request of the Cemetery Authorities within three (3) days of such request without cost to the cemetery or the plotholder.

All granite memorials are to be constructed of First Quality “Certified” Select Granite.

The memorial dealer must guarantee that the memorial will be free from flaws, defects, tool marks, rust stains or discoloration, impervious to standard cleaning procedures, and is to guarantee the memorial will not chip or crack. Any memorial evidencing defects in material or workmanship in accordance within this guarantee is to be replaced by the memorial dealer without cost to the plotholder(s) or the cemeteries.

Any stonework showing knots, evidence of doctoring, iron likely to disfigure or stain, or a tendency to create dirt pocket and spall off shall not be accepted.

Artificial coloring of any type is prohibited.

Any materials, which in the cemeteries’ sole and absolute discretion, do not meet the standards set by the Cemetery Authorities will be rejected.

For all sites purchased beginning in 1979, refer to the contract of sale and all attachments to the contract, for specific memorial design and other regulations.

Every memorial must have a Cross or other acceptable religious symbol either sculptured or cut not less than 6” in height.

ONLY RELIGIOUS SYMBOLS SHALL BE PERMITTED. A specific area has been set aside, if applicable, for personalization.

The Cemetery Authorities, in their sole and absolute discretion, reserve the right to reject any plan or design for a memorial which, because of size, design or inscription, is unsuitable to good taste or heretical in nature or substance.

BAS-RELIEF (SINGLE AND DOUBLE GRAVES)

FULL-FACED: If such sculpture is to be full-faced, then relief must be 2½”; the niche size of a full-faced sculpture may not be less than 10” in height nor more than 1’ in height, nor more than 1’ in width.

PROFILE: Profile sculpture may be carved in low bas-relief of not less than 1”. Such profile carvings may be enclosed within a niche not less than 8” nor more than 1’ in width and height. Only two such carvings shall be permitted.

BAS-RELIEF (THREE GRAVE PLOTS AND LARGER) Designs must include religious bas-relief sculptured carvings and must be in accord with good design and layout. The design and dimensions are subject to the approval of the Cemetery Authorities in their sole and absolute discretion. Such designs and dimensions must be submitted in writing to the Cemetery Authorities.

All bas-relief and sculptured carvings must be inspected by and have the approval of the Cemetery Authorities before permission is given for the memorial to be set at the gravesite. Said approval shall be in the sole and absolute discretion of the Cemetery Authorities.

Applications for bas-relief carvings may be expedited to the mutual benefit of the monument dealer and the Cemetery Authorities, if the dealer submits a clear, un-retouched photo of the finished carving. In lieu of a submitted photograph, the monument dealer may request a personal inspection by the cemetery at no charge.

The size of the plot governs the size of the monument and a ‘proper design’ will determine the number of names and the proportion of the lettering. All lettering must be outlined frosted “V” or “U” sunk or hand-carved.

NAMES

The number of first names, together with the dates of birth and years of death, is governed by the design of the memorial and size of the grave or plot.

The owner’s surname as indicated on the Certificate of Right of Burial must appear on the die, unless the owner chooses otherwise. If the owner is buried in grave, then his/her name must appear on the die.

Lettering is permitted only on the face of the monument, or as otherwise permitted at the sole and absolute discretion of the Cemetery Authorities.

Only Christian given-names and derivatives of same shall be permitted. Any special requests for consideration must be submitted for approval and the decision of the Cemetery Authorities is final.

Only the names/dates of those buried in the grave or plot may be inscribed on the monument.

a. All epitaphs must be from either Sacred Scripture or from approved liturgy, approved hymns or approved common book of prayer of The Roman Catholic Church.

b. The epitaphs shall be of limited wording.

TERMS OF ENDEARMENT

Only terms of endearment which are approved as suitable by the Cemetery Authorities shall be permitted. Said approval shall be in the sole and absolute discretion of the Cemetery Authorities.

Applications for new inscriptions on existing memorial must show sketch of memorial with existing inscriptions and the position of the new engraving.

Applications for re-facing of existing memorials and re-engraving of same must show a sketch of the existing memorial and inscriptions and sketch of the new engraving layout. All names appearing on existing memorial must be engraved on the new surface. If the registered owner is deceased, all surviving heirs must consent by affidavit, to the refacing of the memorial.

All dies of memorials must be properly finished on all exposed surfaces, i.e., steeled, axed, stippled, frosted or polished, or a combination of any of the aforementioned.

All bases must be rock-pitched on ends and fronts.

The monument dealer while performing work in the cemetery may, at the sole and absolute discretion of the cemetery, be subject to the direction of the Cemetery Authorities.

The monument dealer shall hold the cemetery free from any and all liability whatsoever for damages to the memorial that may result from the installation of said memorial before, during and after the setting of the memorial.

Any damage to lots, graves, walks, trees, shrubs, memorials, etc. during the transportation and setting of the memorial shall be paid by the monument dealer.

The monument dealer must indemnify, defend and save harmless the Cemetery Authorities upon or from any and all claims, demands or alleged causes of action arising by reason of the erection or lettering of a memorial and resulting in personal injury or property damage.

All monument dealers and their agents/sub-contractors must maintain adequate insurance for the benefit of the cemeteries, insuring the cemeteries against any claim or causes of action for personal injury or property damage resulting from the erection or lettering of stonework, and must provide the cemeteries with a current certificate of insurance before conducting any work at any of the cemeteries.

No tools, equipment, structure, etc. required in the erection of memorials may be left overnight in the cemetery without the written consent of the Cemetery Authorities.

Approved applications and work permits for lettering and other related work shall be carried on the person of the party performing such work and shown to the Cemetery Authorities on demand for their inspection.

If a defect in material or workmanship becomes apparent, the memorial shall be replaced by the dealer without cost to the cemetery or plotholder, and the dealer must further certify that this is an improved replacement and guarantee the memorial for any further failures after replacement installation.

The bottom of every stone is to be dressed to an even level bed, or may be wire-sawed, so that it will stand plumb, resting firmly and level on the foundation. No wedging permitted. All joints on memorials are to be sealed against moisture and with a non-porous material.

Tolerance in depth (thickness) dimensions – For a monument of 8” in depth, an overall tolerance of ¼” over or ¼” under is permitted. For a monument over 8” in depth an overall tolerance of ½” over or ½” under is permitted.

No part of the memorial, base or die, shall contain coloring, pigmentation or enameling.

The finished work must be free from all tool marks.

No photographs or statues will be permitted on any memorial; should the cemeteries permit the use of cameo memorials in the future, placement location on the monument and approval of same will be solely at the absolute discretion of the Cemetery Authorities.

Memorial dimensions vary based on the particular section, as well as the size of the grave or plot. Accordingly, please refer to the attachment(s) provided by the cemeteries at the time the site was purchased, or have your monument dealer request information regarding your particular site.

VAULTS

Underground vaults shall be permitted only in plots so designated and the nature of the soil makes it practicable. Such determination shall be in the sole and absolute discretion of the Cemetery Authorities.

The granite vault cover shall be included as monumental work and as such shall be governed by the regulations concerning the amounts of stonework to be placed on the plot. This information will be furnished upon application. Any such endowed care funds shall be managed in a likewise manner to the cemetery’s other endowed care funds.

All entombments shall be made within the underground vault.

PRIVATE MAUSOLEUMS

The site, location and graves for mausoleums shall be decided by the Cemetery Authorities.

The mausoleum shall occupy only the percentage of the site as indicated in the attachment of the contract of sale.

Crypts which can be separately sealed must be provided for each entombment.

All bodies to be entombed in above-ground crypts shall be embalmed.

All above ground entombments in private mausoleums must be in a metal zinc-lined box hermetically sealed.

All private mausoleums approved for construction shall be placed in Endowed Mausoleum Care. The rates for such are available upon application.

No entombments or burials shall be permitted outside the vault.

The regulations for construction, the materials permitted and other general information must be obtained from the Cemetery Authorities in writing.

All mausoleums must be properly vented.

Use of granite/other markers vary based on the particular section, as well as the size of the grave or plot.

In general, all markers shall be of one piece and granite markers are to be constructed of first quality certified select granite. All markers shall be set by the cemetery at a fixed charge. Before a marker may be set on a grave, the grave must be placed in endowed care.

For further information, please refer to the attachment included at the time the site was purchased, or have your monument dealer request information regarding your particular site.

The statements or representations of any employee of the Cemetery Authorities shall not be binding on such Authorities except as such statements or representations coincide with the instrument granting the Right of Burial and with these rules and regulations.

These rules and regulations shall apply to any grave, plot, memorial, crypt or mausoleum now in existence or which may hereafter be erected in the Catholic Cemeteries.

The Cemetery Authorities reserve the right, without notice, to make temporary exceptions, suspension or modifications in any of these rules and regulations when, in their sole judgment, the same appear advisable, and such temporary exceptions, suspensions or modifications shall in no way be considered as affecting the general application of such rule, and shall not be deemed a waiver of any provision of these rules and regulations.

In all matters not specifically covered by these rules and regulations, the Cemetery Authorities reserve the right to do anything which, in their sole and absolute judgment, is deemed reasonable under the circumstances and such decision shall be binding upon the plotholder and all parties concerned.

The Cemetery Authorities, in their sole discretion, reserve the right at any time and from time to time, to change, amend, repeal or rescind these rules and regulations or any part thereof, or to adopt any new rule or regulation with respect to such cemeteries or anything pertaining thereto.

Whenever any action or decision by Cemetery Authorities remains in their sole and absolute discretion, judgment or discretion, such action or decision shall be final and binding upon all individuals and parties thereto.

THE CEMETERIES ARE IN NO WAY CONNECTED WITH ANY FLORIST, MONUMENT FIRM, VAULT COMPANY OR FUNERAL HOME.

HOLIDAYS

There shall be no burials on the following days:

New Years Day, Martin Luther King Jr, President’s Day, Memorial Day, Independence Day, Labor Day,

Columbus Day, Election Day, Veterans Day, Thanksgiving Day and Christmas Day

CEMETERY OFFICE HOURS

Weekdays:  9:00 a.m. to 5:00 p.m.

Saturdays:  9:00 a.m. to 1:00 p.m.

CLOSED:  Sundays and Holidays

Note:  Holy Cross office hours

Weekdays:  8:30 a.m. to 4:30 p.m.

Saturdays:  9:00 a.m. to 1:00 p.m.

CLOSED:  Sundays and Holidays

CEMETERY VISITING HOURS

Daily:  8:00 a.m. to 5:00 p.m.

CLOISTER AND COMMUNITY MAUSOLEUM VISITING HOURS

INDOOR COMMUNITY MAUSOLEUM VISITING HOURS

9:00 a.m. to 4:00 p.m.

OUTDOOR COMMUNITY MAUSOLEUM VISITING HOURS

8:00 a.m. to 5:00 p.m.