CEMETERY RULES AND REGULATIONS
Vigil for the Deceased:After Vatican II, the funeral rites were altered to accommodate different circumstances and allows for the vigil to be celebrated in the home, parlor or chapel or rest, or in some other suitable place. It may also be celebrated in the church. (Order of Christian Funerals, #55)
Fr. Sauppé’s wish is to follow the family’s desires in these matters but encourages those funerals of practicing Catholic Christians to hold them in the church rather than elsewhere. There are two Funeral Liturgies: Funeral Mass & Funeral Liturgy outside Mass. Fr. Sauppé will never deny a Funeral Mass to a baptized Catholic! However, "for pastoral reasons the pastor & the family [may] decide that the Funeral Liturgy outside Mass is more suitable form of celebration for the deceased child. (#271)
Fr. Sauppé: On behalf of the cemetery Trustees, I want to thank parish members for considering our cemetery in your memorials & I encourage others to do so as well. We do need these memorials!
General Provisions of the Rules and Regulations
RULES AND REGULATIONS OF CEMETERIES
IN THE CATHOLIC DIOCESE OF PEORIA
THE MANDATE FROM CHURCH LAW
"Particular law is to determine appropriate norms on the discipline to be observed in cemeteries, especially regarding the protecting and fostering their sacred character."
"Cemeteries may have an advisory board to assist the pastor in supervising the cemetery and ensuring that cemetery policies are followed."
St. Mary's Cemetery Advisory Commission, hereinafter "Cemetery Commission" or "Commission", has been established by the Pastor of St. Mary's, Westville, Illinois, in order to aid him by its advise, counsel, and assistance in the administration of the temporal affairs of the Cemetery. The Pastor of St. Mary's Church holds final authority in all decisions by virtue of his appointment as Pastor. The decision-making process shall follow Robert's Rules of Order; commission decisions shall be arrived at by majority vote.
ARTICLE I: MEMBERSHIP
The Cemetery Commission shall consist of a maximum of nine (9) members and a minimum of three (3); namely:
A. The Executive Committee of the Parish Corporation: the Pastor and the two (2) Lay Trustees.
B. Four (4) members shall comprise the elected body of the commission.
C. Two (2) members shall comprise the appointed members of the commission.
1. The Pastor, who acts as Chairman of the Commission, and the canonical Trustee(s) serve for the duration of their respective offices. The appointed and elected members shall each serve for a two (2) year term. They may be re-appointed or re-elected for additional two (2) year terms.
2. Elections shall be held annually in May to replace two (2) of the elected members. Should an appointed or elected member be unable to complete his/her term, the Pastor may, after consultation with the President, appoint a replacement for the duration of said term. There shall be no special elections.
3. Members shall be Catholics in good standing with the Church; be duly registered and contributing members of the Parish; be persons of integrity and have some vision for the totality of the Cemetery and its needs.
4. The Offices within the Cemetery Commission of President and Vice President shall be chosen by election for one (1) year terms. All appointed or elected members are eligible to hold an office; no member may hold more than one (1) office. Provision is made for the offices of Treasurer and Recording Secretary in Article II.
ARTICLE II: DUTIES OF OFFICERS
1. Ordinarily, the President is not chosen from the ranks of the newly elected.
2. It is the duty of the President to draw up the agenda for all meetings, with prior approval from and consultation with the Pastor, who serves as Chair, or his delegate.
3. It is the duty of the President to conduct all meetings.
B. Vice President:
It is the duty of the Vice President to fulfill all obligations of the President should he/she not be able to fulfill his/her duties.
A Cemetery Trustee will serve as treasurer and report on the state of Cemetery finances to the Cemetery Finance Council.
D. Recording Secretary:
1. One of the members will serve as secretary of the Cemetery Commission; in his/her absence another member will perform his/her duties.
2. It is the duty of the Recording Secretary to keep faithful and true minutes of all meetings, to maintain official lists of officers and members of the Commission, to keep a current attendance record of all members, to be responsible for advance notification of meetings, to be responsible for all official correspondence, to maintain accurate and complete records of the sale of graves and/or lots, to maintain accurate and complete financial records for the Treasurer and the Commission and to present same to the meetings.
ARTICLE III: MEETINGS
1. The Cemetery Commission shall meet, at minimum, once per quarter of the fiscal year. Other meetings shall be scheduled at the request of the Pastor, or a Trustee or one of the appointed or elected members with the approval of the Pastor. Non-members may make a request, to the President, in advance, to address the Commission.
2. A quorum to conduct business shall consist of 2/3 of the membership of the Commission.
3. Faithful attendance at all Commission meetings is presumed.
4. Order of Business: Call to order and opening prayer, roll call, approval of minutes, presentation of quarterly financial report, reports, old business, new business, adjournment and closing prayer.
ARTICLE IV: DUTIES OF THE CEMETERY COMMISSION
1. Matters discussed within the Cemetery Commission have the force of Policy when they have received the written approval of the Pastor, and Trustees where applicable. The Pastor will consult with the Parish Trustees on important matters if they have not been present at a Commission Meeting. The Commission shall offer advice and counsel on matters of fiscal importance to the cemetery, as well as on matters of cemetery appearance and maintenance.
2. Capital expenditures and extraordinary work in the cemetery (i.e., projects which would affect either the physical appearance of the cemetery or the integrity of its structures such as restoration of Sacred Heart Church, major repairs in general and landscaping), are prohibited without the Commission tendering their advice to the Pastor and the Pastor approving. Routine cemetery maintenance (cf. Duties of the Commission), on the other hand, do not require Commission action.
Duties of the Commission:
3. Commission members shall advise the Pastor on fiscal and physical aspects of Sts. Peter & Paul Cemetery. A resolution by the Commission assumes the form of a recommendation to the Pastor for action.
4. Only those individuals designated by the Pastor will have the authority to show and sell graves/lots and to make necessary reports and paper work required.
5. The Pastor with the advice of the Commission members shall provide for ordinary maintenance in the cemetery: field work such as marking graves, filling sink areas of graves and any other jobs necessary to maintain the cemetery when such is not otherwise provided for by contract. Non-commission members may be invited to assist with such activity.
6. The Commission shall be consulted on and oversee the completion of the Annual Cemetery Report to the Finance Council and to the Diocese.
7. Only those individuals designated by the Pastor shall lay out graves and fix the price of graves.
8. The Pastor with the advice of the Commission shall ensure that all business and financial matters, purchasing of graves and lots, and paying of bills shall be handled by the Parish Office. All debts due will be paid by Sacred Heart Cemetery checks. Financial records of the cemetery shall be recorded separately from the parish and/or school financial records.
ARTICLE V: RULES AND REGULATIONS
Section 1. General Principles
1. The Commission shall advise the Pastor of improvements to be made in the Cemetery. They shall from time to time advise the Pastor of such rules and regulations for the improvement of the grounds, as they deem requisite and proper to promote and secure the general operation of the cemetery. All lots and graves are sold subject to such rules and regulations and subject to the right of the Pastor to make additions to and changes in such rules and regulations.
2. The rules, regulations and fees are subject to change by the Pastor without previous notice. Ordinarily these matters are brought to the Commission for their advice.
3. Only such persons as are entitled to the rights of Christian burial according to the discipline of the Roman Catholic Church, as shown by certificate of the Pastor or priest who administered the last rights, will be permitted to be interred in Sts. Peter & Paul Cemetery. Non-Catholics may be buried in Sts. Peter & Paul Cemetery, according to the Guidelines for Christian Burial in the Diocese of Peoria, dated March 6, 1991. No one may be denied Christian burial without the permission of the Bishop or Vicar General.
4. A written easement is issued for graves or lots for a portion of a lot.
5. Non-Catholic persons may also purchase and be easement holders of any grave lots with the approval of the Commission and subject to regulations of the Catholic Diocese of Peoria.
6. The Cemetery disclaims all responsibility for loss or damage beyond its reasonable control, and especially from damage by an act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, order of any military or civil authority, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, or any cause similar or dissimilar beyond control of the Pastor, whether the damage be direct or collateral. In the event it becomes necessary to reconstruct or repair any Section of lot (plot), including graves or crypts, the Pastor shall give 10-day written notice of the necessity for such repair to the lot (plot) holder of record. The notice shall be given by depositing the same in the United States mail, with postage thereon duly prepaid, addressed to the lot (plot) holder of record, at his or her address stated on the books of the cemetery. In the event the lot (plot) holder fails to repair the damage within a reasonable time, the Pastor may direct that the repairs be made and charge the expense against the lot (plot) and to the lot (plot) holder of records.
7. The Pastor reserves the right to remove any trees, shrubs, flowers, plants, or bushes that would interfere with grave openings or for any other purpose.
8. A representative of the Pastor will remove from all lots or graves, after a reasonable length of time, all withered, dried, or decomposed flowers, wreaths, and the like that are unsightly or detrimental to the beauty of the cemetery.
9. The Pastor reserves the right to present or remove any inscription, enclosure, structure or object which shall be improper or injurious to the immediate locality or prejudicial to the general good appearance of the grounds.
10. The Pastor reserves the right to remove or prune trees or shrubbery that obstructs or mars the beauty of the scenery or which may otherwise prove unsightly or detrimental.
11. Persons visiting the cemetery, whether they are lot or grave owners or visitors, are expected to conduct themselves in a manner befitting the burial place of the dead. No boisterous, disorderly, or destructive conduct shall be allowed, and all such offenses against the laws of the State of Illinois will be severely dealt with.
12. No visitors are allowed on the cemetery grounds between the hours of sunset to sunrise.
13. Vehicles shall not be driven through the cemetery at a speed greater than 15-mph. The Pastor reserves the right to grant authorized workers the right to drive over graves or lots for the purpose of ground care and burials.
14. Payment arrangements must be made in advance with the Pastor or his representative. These payments include grave or lot sales, grave openings, new foundations, and any other services that encounter a fee.
15. A reward provided by the cemetery may be offered for information leading to the conviction of any person or persons stealing any flower, plant, wreath, stone, monument, etc. from any lot or grave in the cemetery and perpetrating any act of destruction of cemetery property. Any person apprehended will be prosecuted to pay for the damages.
16. The throwing of rubbish within the cemetery boundary lines is prohibited.
17. No pet of any kind will be allowed on the cemetery grounds.
Section 2. Definitions
1. The terms "Owner" shall mean the owner of interment rights only.
2. The term "Memorial" shall mean any monument, marker or structure upon or in any lot or grave site for the purpose of identification or in memory of the interred.
3. The term "Ongoing Care" has the same meaning as the former term "Perpetual Care."
Section 3. Care
1. Cemeteries are operated as "Income Care" cemeteries. All monies are used for cemetery purposes; with a portion set aside for investment ("Ongoing Care"), and the proceeds thereof are used to provide general care.
2. "Income Care" is to be understood as that care and maintenance necessitated by natural growth and ordinary wear, and includes cutting of lawns, and the cleaning and maintenance of roadways, walks, and buildings, provided there are sufficient funds for these purposes.
3. The term "Income Care" shall in no case mean the maintenance, repair or replacement of any memorial placed or erected upon any lot; nor the planting, cutting, watering or care of any privately planted tree or shrub; nor the planting of flowers or ornamental plants; nor the doing of any special or unusual work in any cemetery; nor does it mean the reconstruction of any granite, bronze, or concrete work on any section of the lot, or any portion or portions thereof in any cemetery, injured or damaged by any cause, direct or indirect, beyond the Cemetery Commission's reasonable control.
4. No grave will be opened unless the "Income Care" provision is paid for.
5. The "Income Care" provision is included at the time of purchase of graves or lots. In the case of a previously purchased grave(s) or lot(s), where no "Income Care" was provided for, this provision is to be satisfied at the time of interment.
6. The Pastor, in consultation with the Cemetery Commission and their financial advisors, shall develop a financial plan to provide for the "Ongoing Care" of the cemetery in all of its facets, including an endowment fund. This plan must be approved by the Director of Cemeteries. The plan will be reviewed when deemed necessary, but at least every two years. Any changes in the plan need to be approved by the Director of Cemeteries before the new plan can take effect.
Section 4. Grave and/or Lot Site
1. No monument foundation can be built or monuments erected until all graves are paid in full.
2. No lot or grave shall be enclosed with fence, wire, curbing rods or other material.
3. The planting of trees, shrubs and other plants is forbidden. However, the placing of real or artificial flowers is encouraged-provided they are placed in a metal case which is nested in the ground and is adjacent to the monument.
4. Any flower pot, container or vase sitting on the turf shall be removed within three (3) weeks.
5. No glass containers are allowed.
6. Unsightly objects, statues, or objects (other than flowers) that are not permanently affixed to the marker will not be allowed.
Section 5. Easement
1. An easement is not a conveyance of real estate. It merely entitles the holder to designate burials in a given plot, subject to the law of the Church on ecclesiastical burial and the rules of the cemetery.
2. Easements, when issued, will contain the block, lot and grave number, and will be signed by an individual authorized by the Pastor and restrictions will be listed.
3. Easements will be issued in the name of one person. Burial designation should be made at the time of the purchase of an easement.
4. Full payment must be made before an easement is issued.
Section 6. Transfer of Easement
1. Easements do not allow any lot or grave to be sold, transferred or assigned except to the Grantor (Sts. Peter & Paul Cemetery). Deeded graves may be sold, transferred or assigned providing all laws and regulations of the Cemetery and State are obeyed.
2. The Grantor and those reasonably entitled to access shall have a perpetual right of said grave(s) or lot(s) to pass to and from other graves or lots to which no other means of access is available.
3. The Pastor may purchase unused graves from the owner for the amount the Grantee paid at time of purchase. If that cannot be established, then the Commission may recommend to the Pastor the amount at a business meeting. However, that price shall not be more than fifty percent (50%) of current amounts.
Section 7. Interment
1. Vaults are required for interment of a body.
2. A retrievable urn is required for the interment of cremated remains.
3. Four (4) interments will be allowed in a grave, a casket and up to three (3) urns. (This is not approved for Sts. Peter and Paul Cemetery at this time.)
4. Bodies will not be interred or placed in a vault unless accompanied by the proper death certificate or burial permit.
5. When instructions for opening a grave are indefinite, or, for any reason, the grave cannot be opened at the location specified, the Pastor will order it opened at such location in the lot as may seem best, under the circumstances. Such action is necessary to avoid delaying funerals.
6. The Pastor 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 rights or lot (plot), either by canceling such conveyance and substituting and conveying in lieu thereof other interment rights or lot (plot) of equal value and similar location as far as possible, as may be selected by the Pastor, or in the sole discretion of the Pastor, by refunding money paid on account of said purchase. In the event any such error shall involve in the interment of the remains of any person in any lot (plot), the Pastor reserves, and shall have, the right to remove and reinterr the remains in such other lot (plot) of equal value and similar location as may be substituted and conveyed in lieu thereof.
7. Lot owners desiring graves opened, or other work done, will be required to exhibit the deed of the lot, or to give other satisfactory evidence of ownership.
8. Minimum coverage of vaults, urns or infant burials is thirty (30) inches unless an approved variance is obtained from the Pastor.
9. Amputated body parts may be interred in the cemetery after the healthcare institution has arranged for their cremation. Body parts which have not been cremated may not be interred without permission from the Director of Cemeteries.
Section 8. Disinterment
1. No disinterment will be allowed without permission of the Pastor and a proper permit for the same.
2. Remains disinterred demand all documents prescribed by civil law.
3. All outstanding fees must be paid before disinterment will be permitted.
Section 9. Monuments and markers
1. To avoid the crowding of the monuments and consequently unsightly appearance of the grounds, the size of all the monuments on all the lots is restricted to be in proportion with the lot. Lot owners must bear this in mind when purchasing monuments and must consult the Pastor before placing the order.
2. Monument companies must notify the Pastor for approval of all proposed headstones or monuments for size, design, and location on the lot.
3. The headstone standard should be dictated by the proximity of other stones and grave sites.
4. No material except standard granite or standard bronze or stainless steel shall be used for any marker or monument.
5. Each lot owner shall keep in good repair all stone and monumental work upon his lot. In case of failure to do so, the cemetery may either repair or remove the same at the lot/grave owner's expense.
6. All monuments and markers shall be set upon foundations of sufficient size and depth for the superstructure. The Cemetery reserves the right to prescribe the depth of the same. A portion of the base shall extend at least thirty (30) inches beneath ground level. The top of the base for the monument or marker shall be flush with the ground level. It should be at least three (3) inches larger on all sides than the marker.
7. Each monument erected upon a grave shall be above ground and placed or set so that the main inscription shall face the grave or graves of those inscribed. If a second monument is erected, it shall be at the foot of the grave and flush with the ground. All monuments are to be easily removable from their base.
ARTICLE VI: REVIEW OF THE STATUTES
These Statutes may be revised or amended at regularly scheduled meetings of the Commission and shall require two-thirds (2/3) of the voting members in favor of change including the confirmation of the vote by the Pastor. The Pastor of Sacred Heart Roman Catholic Church holds the authority to amend the Statutes, the Commission or its membership at any time. This includes its disbanding and the call for new elections. All such revisions and amendments must be confirmed by the Bishop or the Vicar General before they can take affect.
ARTICLE VII: COMPLIANCE WITH THE UNIVERSAL AND PARTICULAR LAW OF THE CHURCH
No Statute of this document or decision of the Pastor shall be out of compliance with the General Code of Canon Law of the Latin Rite of the Roman Catholic Church or the Particular Law of the Diocese of Peoria.
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