Rules and Regulations
For the mutual protection and benefit of itself and every holder of a right of interment, the following Rules and Regulations are adopted for Visitation Cemetery. These Rules and Regulations are adopted in accordance with Oregon Revised Statutes, 97.710. All Interment Right owners and visitors within the cemeteries, and all Rights of Interments sold, shall be subject to said Rules and Regulations and subject further to such other Rules and Regulations, amendments or alterations as shall be adopted by this Cemetery from time to time; and the reference to these Rules and Regulations in the Right of Interment Certificate and/or Conditional Sales Contract shall have the same force and effect as set forth in full therein.
CEMETERY. The place dedicated to and used, or intended to be used for the interment of human remains and known as Visitation Cemetery.
BURIAL. The placement of human remains in a grave.
GRAVE. A space of ground in the Cemetery, used, or intended to be used for the burial of remains of one person.
NICHE. A structure used for the interment of cremated remains.
INTERMENT. The disposition of human remains by burial in a grave, entombment in a crypt or placement of cremated remains in a niche.
DIS-INTERMENT. The removal of human remains from a crypt, niche or grave.
SINGLE RIGHT OF INTERMENT The purchased right to use a designated space for the interment of human remains.
THIRD RIGHT OF INTERMENT. The right, usually purchased, to place human remains in an interment space where a second Right to Interment was previously sold. The second and third right to interment is generally limited to placement of cremated remains.
PLOT OWNER OR CRYPT OWNER. The term “Plot Owner” or “Lot Owner” as used herein or in any other Cemetery document means any person who has purchased the Right of Interment of a certain grave or graves, crypt, niche or other interment space in the cemetery. Ownership of all land and structures remains with the Cemetery.
PLOT, LOT OR INTERMENT SPACE. A space in the Cemetery where the Right of Interment has been or can be purchased by one or more individuals, association or other organization used or intended to be used for the interment of human remains of one or more deceased persons.
MEMORIAL. A monument, marker, or grave ledger either level with or extending above the surface of the ground.
MONUMENT. A memorial which shall extend above the surface of the ground.
CARE FUND. A fund established and maintained by the Cemetery which is intended to finance the general care and management of developed portions of the cemetery.
1. Right of Entry. This Cemetery is a private entity and reserves the right to refuse admission to anyone not a lot owner or relative of a person interred in the Cemetery. The Pastor from Visitation Parish or designee may further refuse the use of any Cemetery facilities at any time to any person whom the management may term objectionable to the better interests of the cemetery.
2. Pastor from Visitation Parish or designee in Charge of Funerals. All funerals, upon arrival at the Cemetery, shall be under the charge of the Pastor from Visitation Parish or designee or his assistants.
3. Casket Not to be Disturbed. Once a casket containing a body is within the cemetery confines, the Cemetery reserves the right to refuse permission to anyone to open the casket. Permission to open the casket will only be given under the following circumstances:
· A licensed funeral director is present.
· The legal representatives of the deceased provides consent.
· The cemetery service is being held in a secure, nonpublic area such as the Cemetery Chapel.
· The casket is opened briefly and is not intended to replace the formal “viewing” which normally may take place at the church or the Funeral Home.
II. Interments and Dis-interments
1. Subject to Laws. All interments and dis-interments, besides being subject to these Rules and Regulations, are subject to the orders and laws of properly constituted authorities of the City, County and State.
2. Time and Charges. All interments will be made in the manner and at the time set by the Cemetery. Fees will be assessed and paid as set by the Cemetery. Grave openings must be performed by a contractor that carries public liability insurance of not less than $100,000 per occurrence. Current proof of insurance may be kept on file at the cemetery or if not on file, must be made available to the cemetery upon request.
3. Holidays. Emergencies excepted, no interments, dis-interments and removals shall be permitted on Sundays, Church or Community holidays.
4. Prior Notice. The Cemetery reserves the right to insist upon a minimum of 2 days written notice prior to the time of interment and at least one weeks notice prior to dis-interment.
5. Interment. The Cemetery is to open and close all graves, including niche wall. The cemetery has the right to require the written permission of the surviving heir(s) in accordance with applicable state law before performing any interment.
6. Rigid Casket Required. All interments of human remains that have not been cremated are required to be delivered to the cemetery in a rigid casket with handles adequate to bear the weight of said remains. Cardboard is expressly prohibited.
7. Outer Burial Container Required. Every casket or cremation urn for earth interment must be placed in a plastic or concrete outer burial container or suitable substitute. Suitability will be at the sole discretion of the Pastor from Visitation Parish or designee. A rigid container is required for placement of cremated remains in niches and crypts. Cardboard cremation containers are expressly forbidden.
8. Orders Given by Telephone. The Cemetery shall not be held responsible for any order given by telephone or for any mistake occurring for want of precise and proper instructions.
9. Errors May be Corrected. The Cemetery shall have the right to correct any recording errors that may be made by it when making interments, dis-interments or in placing markers. The Cemetery shall also have the right to correct any errors made upon placement of improper descriptions, including incorrect names and dates on any memorial marker.
10. Interment of More Than One Body. No more than one body and two cremains shall be interred in one grave, and then with written authorization and a Second and/or Third Right of Interment is obtained from the Cemetery. The interment of more than two person’s remains in a crypt is not to be allowed in any single interment space without a written instrument approved by the Pastor from Visitation Parish or designee stating that more than two bodies may be interred therein.
11. Second & Third Right of Interment. A Second Right of Interment may, if certain conditions are met, be sold for the placement of a second and/or third person’s human remains in an existing interment space A Subsequent Right of Interment will generally be sold only for the interment of cremated remains. A Subsequent Right of Interment will be sold only if there is adequate room in the interment space to accommodate the remains and only after the appropriate written authorizations are received from members of the nearest of kin class as outlined in Chapter 97.130 (2) of the Revised Oregon State Statutes. The Cemetery reserves the right to refuse to sell a Subsequent Right of Interment if, in its sole discretion, the sale of the Second Right of Interment is clearly not in the best interest of the cemetery or in keeping with the intent of the original owner(s).
12. Making a Dis-interment. The Cemetery requires insured contractors to perform all dis-interments. The Cemetery shall not assume liability for damage to any casket, outer receptacle or for the condition of the remains resulting from making a dis-interment or removal.
13. Authorization for Dis-interment. The Cemetery reserves the right to require a court order prior to making or allowing a dis-interment to be made when:
· The dis-interment is not clearly in accordance with the wishes of the decedent or person(s) authorized to make the original interment arrangements.
· The application for dies-interment and removal is made by other than a spouse, parents of an unmarried child or all of the surviving children in the absence of a surviving spouse.
14. Interments to be recorded by cemetery staff. Interment of remains, including cremated remains, without the cemetery’s permission will be treated as criminal trespass.
15. Right to Internments sales are limited to three plots per purchaser without special permission of the Pastor of Visitation Cemetery or their designee. Each ‘right to internment’ must be recorded in a unique individual’s name at the time of purchase.
16. Postponement of Services. The Cemetery reserves the right to postpone any service or direct the location of committal services to appropriate cemetery facilities.
17. Liability for delay of Interment. The Cemetery shall in no way be held liable for any delay in the interment of remains where the right of interment has not been established to the satisfaction of the Cemetery, or; where a written protest to the interment has been filed with the cemetery office or; where an interment is forbidden by the Cemetery’s rules and regulations or orders and laws of properly constituted authorities of the City, County and State.
18. Catholic Facility. The Cemetery is a Catholic facility, owned and operated by the Church. As a sign of the bonds of family unity, non-Catholics may, at the Cemetery’s discretion, be interred in a Catholic cemetery with the Catholic members of their family. Exceptions may also be made for interment of non -Catholics in the Catholic cemeteries who do not have family interred in the Catholic cemetery on a case by case basis. Persons seeking exception should write to the Pastor of Visitation Parish or his designee outlining the reasons for requesting burial in a Catholic cemetery.
Allowable activities. No activities or memorial items are allowed on Cemetery grounds unless they are consistent with the values of the Catholic Church..
III. Service Charges and Past Due Indebtedness
1. Payment of Service Charges. The Cemetery reserves the right to require that all Cemetery charges be paid prior to performing any interment or dies-interment. All fees are due within thirty days of service.
2. Past Due Indebtedness. Arrangements for payment of any and all indebtedness to the Cemetery must be made prior to an interment being made in any interment space.
IV. Transfer of Assignments (Right of Interment)
1. Right to transfer. The plot owner may transfer, sell or assign their right of interment or entombment to another individual subject to the Rules and Regulations of the Cemetery. All transfers of ownership shall be approved and then recorded in the records of the Cemetery and may be subject to a charge to be paid at the time of transfer.
2. Right to Re-claim Interment Right. The Cemetery may elect to re-claim the right of interment of any plot in which no interment has been made, no contact has been made with the Cemetery by the original owner or the owner’s relatives, or where the right of interment has not been transferred through the cemetery office within a 75 year period from the date of purchase.
V. Decoration of Interment Spaces
1. Plantings and maintenance Only the Cemetery may plant and maintain or authorize maintenance and plantings of landscape materials on cemetery grounds. The Cemetery further reserves the right to remove, prune or replace any landscape materials as it deems necessary.
2. Floral regulations
a) No flower receptacles may be placed on any plot, unless approved in advance by the Cemetery.
b) Fresh flowers may be placed on graves at any time. Potted plants with a container of more than six inches in diameter are not allowed.
c) No wires, pins, glass containers, artificial, dyed or preserved flowers, photographs, souvenirs, wreaths or decorations other than fresh flowers are allowed on any grave except during holidays designated by the Cemetery. Artificial, dyed or preserved flowers, photographs, souvenirs, potted plants, wreaths or decorations may be removed 5 working days after the designated holidays during the spring, summer and fall months and in general, 10 days after designated Holidays in winter months. Christmas decorations may be removed one week after the Baptism of our Lord, which is one week after the Sunday following January 6.
d) No more than two permanent flower receptacles may be placed on any grave without written permission of the Pastor of Visitation Parish or their designee.
e) Plastic Flowers are allowed only during the months of October through March.
f) The Cemetery shall have the authority to remove all flowers, photographs, souvenirs, potted plants, wreaths or herbage of any kind from the cemetery or mausoleum as soon as, in the judgment of the Pastor from Visitation Parish or designee, they become unsightly or are detrimental, or when they do not conform to the Rules and Regulations of the Cemetery.
VI. Roadways and Replatting
1. Right to Replat, Regrade and Use Property. The right to enlarge, reduce, replace or change the boundaries of the Cemetery property including the right to modify and change the location of, remove and re-grade roads, drives and walks, parkways, or any part thereof, is hereby expressly reserved. The Cemetery reserves the right to lay, maintain, operate, and/or alter pipe lines for sprinkling systems whether in designated walkways or in platted interment spaces.
2. Right of Access. The Cemetery reserves the right to itself, its equipment and to those lawfully permitted within the cemetery grounds, a perpetual right of access over any plot for the purpose of passage to and from other plots.
VII. Conduct of Persons Within the Cemetery
1. Minors on Premises. All children under the age of 15 years of age shall not be permitted within the cemetery or its buildings, unless accompanied by a person to be held liable for their conduct.
2. Flowers. All persons are prohibited from picking flowers, either wild or cultivated, or from cutting or breaking trees, shrubbery or plants in the cemetery.
3. Peddlers and Solicitors. Only Cemetery employees or those duly appointed by the Cemetery for such purposes may sell or solicit the sale of any commodity within the confines of the Cemetery.
4. Firearms. No Firearms shall be permitted within the Cemetery except at military services or by special permission from the Cemetery.
5. Notices and Advertisements. No signs, advertisements or notices of any kind shall be allowed within the Cemetery unless placed or approved by the Cemetery.
6. Vehicles. Only authorized vehicles are allowed on the Cemetery.
7. Supervision. The Pastor from Visitation Parish or designee shall have supervision and exercise control over all persons visiting or passing through the Cemetery.
8. Fees, Gratuities and Commissions. No gratuities may be accepted by employees. No person employed by the Cemetery shall receive any fee, gratuity or commission for services rendered in his/her capacity as a Cemetery employee except from the Cemetery.
9. Closure The cemetery is closed between dusk and dawn each day and at other times as designated by the cemetery committee and duly posted.
1. When Cemetery is Not Responsible. The Cemetery shall take reasonable precaution to protect plot owners and the interment rights of plot owners from loss or damages, but it distinctly disclaims all responsibility for loss and damage beyond its control including but not limited to trespassers and vandals, unavoidable accidents, acts of God, and the elements whether such damage be direct or collateral.
2. The monument must be approved and installed by Visitation Cemetery to insure the Cemetery’s requirements have been met. Monuments in the main section shall not exceed these sizes: single [12” wide – 30” long – 20” high] and double [12” wide - 48” long – 20” high]. Monuments in the newer Far West section are to be ground level monuments with the same width and length as listed above and are poured with the height even to the base.
3. The Cemetery is not responsible for the repair of damaged memorials from vandalism or acts of God. The Cemetery is not responsible for damage of any kind to memorials unless it can be clearly shown that the damage was caused by Cemetery equipment or personnel.
4. Cemetery may remove any upright monument that, in the opinion of the Pastor of Visitation Cemetery or designee, is in disrepair, unsafe or becomes unsightly.
5. All permanent flower vases must be an integral part of the monument. The cost of setting the monuments includes one vase for a single monument and two vases for a double monument.