REVISED RULES AND REGULATIONS OF THE LOWELL CEMETERY, ADOPTED AT THE ANNUAL MEETING OF THE CORPORATION, HELD ON MONDAY, JUNE 13, 2011
The phrase “the board” wherever the same occurs in these rules and regulations shall mean the “Board of Trustees.”
1. Persons wishing to purchase a burial lot should apply to the Superintendent or Office Manager or their designee who will show lots and give full information concerning the size, location and price of the same. Upon the selection of a lot by a purchaser, the Superintendent shall inform the Treasurer at once of the location, size and price thereof. The price of burial lots shall be determined by the Board.
2. No deed of a lot shall be delivered until the purchase price is fully paid.
3. Deeds of lots are to be recorded in books kept by the Corporation for the purpose, and until such deeds of lots, or of any interest therein, made by original owners or their grantees, heirs, or devisees are recorded as aforesaid, only titles of record will be recognized by the Board. The phrase “original owners” means persons holding lots by direct conveyance from the Corporation.
4. The grade of lots shall be established by the Superintendent and the work of grading the same shall be done under the supervision of the Superintendent.
5. No lot shall be enclosed by any fence, railing, wall, hedge, embankment, ditch or the like.
6. The sub-division of lots is not allowed.
7. If after due notice from the Superintendent, under direction of the Board, the owners of lots shall neglect to care for the same properly, and the condition thereof is such in the opinion of the Board, as to detract from the general appearance of the Cemetery, the Board at its option will put the same in order and at its option may request reimbursement of the expense from such owner.
8. All orders for work on lots must be in writing, addressed to the Superintendent, and all such work must be done by the employees of the Corporation, or under the supervision of the Superintendent.
9. Lot owners are expressly prohibited from conveying their lots or any interest therein without first obtaining written consent of the Board, which consent may be granted or withheld in the absolute discretion of the Board and the application for such consent must be accompanied by evidence that there is sufficient cause for the proposed conveyance, and that it is not for speculation or gain.
10. No auxiliary vase, seat, rock-work, vigil light or other like objects shall be placed upon any lot without written permission from the Superintendent.
11. No tree or shrub, growing within or overhanging any lot, shall be removed or trimmed without permission from the Superintendent; neither shall trees or shrubs be planted in any lot without the written permission, and the work of such removal, trimming and planting must be done in all cases under the supervision of the Superintendent and at the expense of the lot owner. Nothing in this rule shall prohibit the placing of cut flowers upon graves at any time.
12. If any trees or shrubs in or upon any lot shall by means of their roots and branches or otherwise become detrimental to said lot or to adjacent lots, avenues, or paths, or unsightly, or inconvenient to passersby, the Board shall have the right to remove said trees and shrubs, or such parts thereof as the Board shall deem objectionable.
13. Artificial plants, flowers or decorations, i.e. balloons, stuffed animals, toys or signage of any kind are not allowed.
14. Flower beds on lots are permitted, subject to the written permission of the Superintendent as to the size and location.
The Superintendent shall have charge of the Cemetery, under the direction of the Board. The Superintendent shall have the responsibly to select all non salaried workers employed at the Cemetery, subject to the direction of the Board, as to the number employed and the scale of wages to be paid.The Superintendent, if necessary, shall go to the President or, in case of his absence or temporary disability, to the Vice President, for instructions, who will, if necessary, bring such matters as call for consideration to the attention of the proper committee, or the Board.
TOMBS, MONUMENTS, HEADSTONES, ETC.
1. Designs for tombs, monuments, headstones or other structures to be placed upon lots in the Cemetery must be submitted to the Superintendent for approval of the Board. No tomb, monument, headstone or other structure shall be placed upon a lot until the location thereof shall have been approved by the Superintendent.
2. If any tomb, monument, railing, wall, fence or other structure whatever, placed upon or around a lot, shall be determined by the Board to be improper or offensive, or injurious to the appearance of surrounding lots or grounds, the same shall be removed by the Superintendent forthwith at the expense of the lot owner, the right being reserved by the Board in all cases to enter upon any lot for the purpose of effecting such removal.
3. If any inscription is placed upon any tomb, monument, headstone, or other structure whatever, standing upon or enclosing any lot that shall be determined by the Board to be offensive or improper, the Superintendent shall forthwith remove such inscription at the expense of the lot owner in such manner and by such means as the Board may deem best, the right being reserved by the Board in all cases to enter upon any lot for the purpose of effecting such removal.
4. Only one monument may be erected on a lot. To prevent over crowding of monuments, certain lots will be sold with the restriction that no monument be allowed on these particular lots.
5. Individual above ground grave markers are not allowed except on older lots now having them.
6. Lots not in full care with additional grave space must be brought up to date at current rates.
7. All monuments must be made of good quality granite. Two piece monuments are the type desired, although any monument of good design will be allowed provided it does not exceed the maximum size for the particular lot on which it is to be erected and is otherwise acceptable to the Superintendent.
8. Producers of monument materials, and retail dealers, in order to secure the approval of the Superintendent must agree to sell only first grade, clear stone for memorial purposes, and must be willing to guarantee that such stone is free from sap or anything that will cause rust stains, that it will not check or crack, and agree that should such faults develop within five years from the date of setting, the memorial will be replaced without cost to the Cemetery or lot owner, by such producer.
9. All die-stones shall be polished or steeled on at least the front and back. Bases shall be of equal quality as the die-stone. Rock faced monuments are permitted. Field boulders are not allowed without the written permission of the Superintendent.
10. Veterans’ markers may be placed on lots where markers have been previously placed providing the original marker is removed.
11. Changing the established grade by raising or lowering the sod by monument dealers is forbidden.
12. Cleaning monuments with acids or chemicals will require written permission from the Superintendent.
13. Bases under four feet (4′) long shall not show more than six inches (6”) above the established grade. Bases four feet (4′) long or more may not show eight inches (8”) above the grade.
14. The length of the base shall not exceed 50% of the width of the lot. The Superintendent will supply this information on request.
15. In the single grave section, markers must conform in size and design with markers now therein.
Single grave section #2, markers must be flat and maximize size of two feet by one foot (2’x1′)
16. Only monuments that are in keeping with other monuments in the section in which they are to be erected will be allowed, as determined by the Superintendent.
17. The coloring, painting, enameling, lacquering or bronzing of letters or stone is prohibited except in areas designated by the Superintendent in writing.
18. When any memorial is to be removed or any inscription made thereon, or is to be cleaned or repaired, a written request must be made to the Superintendent giving the owner’s address and also giving the name and address of the person who is to do the work.
1. All foundations for tombs, monuments, headstones or other structures upon any lot shall be built by the Corporation. All orders for the same must be in writing, addressed to the Superintendent, and the persons signing such orders will be held responsible for the cost of work. Notice must be given two (2) weeks in advance.
2. The dimensions and composition of all monuments to be erected must be submitted to the Superintendent for approval before foundations are built.
3. Foundations will not be built from May 15 to May 30, or after frost sets in.
4. Cemetery employees will finish off foundations two inches (2”) below the established grade. On sloping grades, foundations will be finished off two inches (2”) below the lowest part of slope.
5. Dealers must pay in full for foundation before monument is erected.
1. No interment of a body other than that of a human being will be permitted in the Cemetery.
2. No double burials, that is, one body resting upon another, will be permitted in the Cemetery.
3. Except in the case of a parent and infant, two infants, two cremations or full burial and cremation, no interment of two or more bodies in one grave will be permitted.
4. No interment shall be made, nor shall a body be placed in any vault or tomb, for private remuneration.
5. Funeral Directors are required to have all orders for interment signed by the owner or legal representative of the lot in which the interment is to be made, and such orders must be accompanied by the necessary town or city permit.
6. Graves shall be dug only by employees of the Corporation, and under the direction of the Superintendent. At least one business day’s previous notice must be given to the Superintendent of the time of burial.
7. No removal of a body from a lot, tomb or vault shall be allowed, except by consent of the Board and upon the written order of the owner or legal representative of the lot, tomb or vault in which the body to be removed is buried or placed, and in every case such removal must be made by the employees of the Corporation under the direction of the Superintendent.
8. No body will be interred without the use of a concrete vault or grave box.
Applications for the use of the chapel, for the purpose of holding funeral services therein, should be made as early as possible to the Superintendent.
PERPETUAL CARE OF LOTS
Subject to the following rules, which the Board reserves the right to alter and amend at any time, whenever there is a purchase of a lot, the Corporation will be paid funds specified for the perpetual care of said lot and the Corporation will hold such funds in trust and will expend the income thereof for that purpose. In each case, the amount of such funds shall be not less than the amount which the Board by general or special rule shall designate as appropriate for the future perpetual care of like lots having reference to their size and location. If an existing lot presently does not have perpetual care funds held in trust as aforesaid, then if any work is ever requested to be done on such lot, the owner of such lot will be required to pay the Corporation the then current perpetual care amount for such lot, which said sum shall be held in trust as aforesaid.
TRUST FUND RULES
1. The Treasurer will receive funds for perpetual care of lots, and will provide proper receipts.
2. Any additional sum or sums received by the Treasurer for the future perpetual care of a lot shall continue and be treated as a separate fund, applicable only to the lot the care of which provision is thus made.
3. At the annual meeting of the Corporation, the Treasurer shall report the names of all persons who have deposited funds for the future perpetual care of lots during the preceding fiscal year, together with the amount deposited by them respectively.
4. At the annual meeting of the Corporation, the Treasurer shall submit a statement showing the amount of each fund held in trust for the future perpetual care of lots at the close of the preceding fiscal year, and the outlay chargeable thereto during such year.
Promissory notes and all other like evidences of indebtedness of the Corporation given to the Treasure for signature shall be countersigned by the Chairman of the Finance Committee, or, in case of the chairman’s absence or temporary disability, by the senior member of the committee in order of appointment present and competent to act.
AVENUES AND PATHS AND THE USE OF SAME
1. The avenues and paths of the Cemetery are not to be used as thoroughfares, and persons who make such use of them, whether on foot, skateboards, bicycles, motorcycles or in vehicles of any kind, will be excluded from the Cemetery.
2. Automobiles must be driven carefully in the Cemetery, and at a rate of speed not exceeding fifteen miles per hour. They must not pass a funeral procession or a lot at which funeral services are being held, nor enter upon, or pass through, an avenue or way insufficient in width to admit the passage of two vehicles moving in opposite directions, provided, however that lot owners may visit their lots at all times with automobiles if they so desire.
3. Automobile horns must not be sounded in the Cemetery.
1. Upon entering the Cemetery, funerals shall be under the charge of the Superintendent and his assistants, and vehicles shall be placed as directed.
2. Loud conversation, smoking or improper conduct of any kind during funeral services will not be permitted.
3. Funeral Directors are expected to see that these rules are observed.
1. Flowers must not be brought into the Cemetery for any purpose, except for decoration, and must not be carried out under any pretense whatever except by written permission of the Superintendent.
2. The Superintendent will cause flowers, wreaths, etc. left upon graves or lots to be seasonably removed unless otherwise requested.
3. Visitors to the Cemetery, who are orderly and well behaved, are welcome within posted times, and will be freely admitted during regular business hours upon request of the Superintendent or the Superintendent assistants. Visitors will be given any reasonable information desired with respect to the Cemetery, and the location of avenues, monuments, memorials, tombs and artistic objects therein.
4. Persons visiting the Cemetery must not pick flowers, wild or cultivated, or break any tree, shrub or plant, or deface or injure any tomb, monument, fence, wall or other structure in or belonging to the Cemetery and may be subjected to prosecution.
5. The penalties of the law will be strictly enforced in all cases of intentional injury or disturbance, or violation of the rules and regulations.
6. The employees of the Corporation will enforce the rules and regulations.
7. No money shall be paid to the Superintendent or any other employee of the Corporation as a reward for, or in recognition of, any personal service or attention.
8. Dogs will not be allowed in the Cemetery unless leashed and the person walking such leashed dog is responsible for removing all dog waste from the Cemetery.
9. Firearms must not be discharged in the Cemetery except at military funerals or otherwise with the written consent of the Superintendent.
10. Any vendor or third party doing work at the Cemetery must show evidence of in force liability insurance and workers compensation insurance.
11. The foregoing rules and regulations may be revised, altered or amended by vote of not less than six members of the Board at any regular or special meeting.