Rules and Regulations

Preamble

These Rules and Regulations are founded solely upon the premise that those who select and purchase any type of burial property (i.e., traditional ground burial, lawn crypt burial, or mausoleum entombment) in one of the Catholic cemeteries as the final resting place for their revered dead, will wish to see the preservation, on a perpetual basis, of the religious and dignified atmosphere that presently prevails. These Rules and Regulations are not designed to unduly restrict, restrain or regiment the rights of anyone in the full utilization of any said cemeteries or mausoleums. Accordingly, these uniform Rules and Regulations have been adopted, will be carefully observed and enforced, and will be changed or repealed only if and when the necessity should arise; and such changes (or repeals) will be done only when the Catholic Cemeteries deems such action necessary or desirable, in order to preserve and continue the values above enumerated.

Therefore, the following Rules and Regulations are adopted and shall apply, not only to all of the owners of the rights of burial or entombment within said cemeteries or mausoleums, but also to all visitors, employees and any others who may enter the sacred grounds or corridors of the foregoing premises.

 

I. COMPLIANCE

The Catholic Cemeteries reserves the right to require all persons entering any of its cemeteries or mausoleums, and all persons within the same, at any time to comply with each and every one and all of the Rules and Regulations.

 

II. DEFINITIONS

a. The term “cemeteries” shall mean all of the foregoing cemeteries and mausoleums and other cemeteries or mausoleums hereafter developed, acquired or erected by said Catholic Cemeteries including the developed as well as the undeveloped, areas, walkways and roadways, all within the periphery of the property.

b. The term “burial” will refer to all types of burial of the remains of a deceased person: “interment” – burial of deceased in ground; “entombment” – burial of deceased above ground in mausoleum crypt; “inurnment” – burial of a deceased’s cremated remains above or below ground.

c. The term “Catholic Cemeteries” shall mean Catholic Cemeteries Association of Wyandotte and Johnson Counties, Kansas, Inc., and includes: Mt. Calvary Cemetery (Kansas City, KS), St. John Cemetery (Kansas City, KS), and Gate of Heaven Cemetery in Wyandotte County, Resurrection Cemetery, St. Joseph Cemetery, St. John Cemetery (Lenexa), and Mt. Calvary Cemetery (Olathe) in Johnson County, Mt. Calvary Cemetery in Topeka, and Mt. Calvary Cemetery in Lansing, with the principal office being located at 1150 N. 38th Street, Kansas City, KS.

d. The term “cemetery property” shall mean:

  1. Any lot(s) or grave space(s), with or without memorialization, marker(s) or monument(s), grave liner(s)/vault(s), or private mausoleum(s).
  2. Any lawn crypt space(s) including pre-constructed crypt(s) and memorial(s).
  3. Any crypt(s) or private room(s), including crypt front with memorialization lettering, within any community mausoleum in any of the Catholic cemeteries.
  4. Any cremation niche in any of the cemeteries or mausoleums.
  5. Any other place of burial within any of the Catholic cemeteries.

e. The term “owner” shall mean the owner of any right of burial within any of the Catholic cemeteries.

f. The term “right of burial” shall refer to the right to inter, entomb or inurn the remains of a deceased person.

 

III. CEMETERY OWNERSHIP

Each of the nine Catholic cemeteries is controlled by the Catholic Cemeteries Association of Wyandotte and Johnson Counties, Kansas, Inc., a not-for-profit corporation registered in the state of Kansas, hereinafter referred to for convenience as “the corporation.” Said corporation and said cemeteries are established for the benefit of the Roman Catholic Church and her people. All of the powers of said corporation shall be exercised as to such cemeteries, and such cemeteries shall be conducted in strict conformity with and subject to the laws and discipline of the Roman Catholic Church and the statues of the Archdiocese of Kansas City in Kansas and the Roman Catholic Church in said State of Kansas.

 

IV. USE OF CEMETERY

a. Persons, while within the cemetery, shall use only the roadways and walkways, as provided by the Cemeteries, all of which said roadways and walkways are and shall remain private roadways and walkways, but all such roadways and walkways shall be subject to change by the Cemeteries at any time.

b. Automobiles and other vehicles shall be driven solely on the roadways and at no greater speed than fifteen (15) miles per hour. Drivers of automobiles and other vehicles must obey directional signs established by the Cemeteries from time to time. Automobiles and other vehicles shall not turn around on the roadways and shall not park or come to a full stop in front of any open grave, lawn crypt, or private or community mausoleum, unless such vehicles are involved in or connected with a funeral. Any driver who drives an automobile or other vehicle upon a lawn area, across drainage gutters, or on any area within the cemetery other than the roadways shall be liable to the Cemeteries for such damage as may result therefrom. Roadways and such parking areas as may be provided by the Cemeteries from time to time shall be used only for visitation, while conducting business with the cemeteries, attendance at funerals, and by any other persons authorized by the Cemeteries, and not as public parking areas; and such parking areas as are reserved for automobiles and other vehicles involved or participating in a funeral shall be reserved for such purposes and shall not be utilized by any other persons within the cemetery, when such parking areas are being so used. All “No Parking” signs must be obeyed. The Cemeteries may make such reasonable traffic rules from time to time as it sees fit.

c. Busses or vehicles of cumbersome description will not be allowed to enter any of the cemeteries except by special permission of the Director thereof.

d. The Cemeteries reserves the right, from time to time: (1) to enlarge, reduce, replat or change the boundaries and/or grading of the cemeteries, as well as any portion or portions thereof; (2) to modify or change the locations or, or remove or regrade, any of the walkways and/or roadways within the cemeteries; (3) to enlarge, including enlargement by increasing the height by the addition of one or more floors or stories, or any community mausoleum within the cemeteries; (4) to lay, maintain and operate or alter or change any pipes, including drainage pipes, and/or electrical lines, within the cemeteries; (5) to use any portion or portions of Cemeteries’ property that has not theretofore been sold to individual property owners for Cemeteries’ own purposes in connection with the operation of the cemeteries, including without limitation the interring and preparing for the interment of dead human bodies, or for anything considered necessary, incidental or convenient in relation thereto; and (6) to allow to exercise, and to grant to others, the right of access of any Cemeteries’ property in connection with the repair, maintenance, improvement or operation of the cemeteries.

e. Minor children will not be permitted within the cemetery unless accompanied by an adult.

f. No dogs, except legally allowed assistance dogs for handicapped persons, or other pets will be permitted in the cemeteries.

g. Smoking in any enclosure within the cemeteries will not be permitted except in authorized areas.

h. Receptacles for waste material will be placed and maintained by the Cemeteries at convenient places selected by it throughout the cemeteries. No one shall move, destroy or damage such receptacles; and the disposition of rubbish within the cemeteries shall be solely through the use of such receptacles.

i. The peddling or offering for sale of selling of flowers, plants, commodities, services, trinkets, souvenirs, pictures, etc., shall not be permitted within the cemeteries; and no solicitation of any kind may be done within the cemeteries, except with approval of the Cemeteries.

j. No bicycles or motorcycles shall be admitted into or operated within the cemeteries, except such as may be in actual attendance at a funeral or on a legitimate visitation or business mission.

k. No signs, notices or advertisements of any kind shall be placed within the cemeteries, unless the same are placed by the Cemeteries or with its permission.

l. No one shall bring into the cemeteries food items or beverages, including beer or intoxicating liquors, except as authorized by the Cemeteries Director.

m. No articles (glassware, toys, containers, etc.) not specifically approved by the Cemeteries shall be brought into or placed within the cemeteries.

n. All persons entering and exiting the cemeteries shall do so by use of the private entrances furnished by the Cemeteries for the use of the public.

o. Any unauthorized person who is found within the cemeteries after visiting hours will be considered a trespasser; and it will be the policy of the Cemeteries, in an effort to prevent theft and vandalism and the possible desecration of Cemeteries’ property, to keep the cemeteries closed for a reasonable time period each twenty-four hours. These closing times will be posted within the cemeteries.

p. Profane, obscene, or boisterous language or any other behavior which may disturb the quiet and good order of the cemeteries will not be permitted.

q. Sports activities will not be permitted on cemetery grounds.

r. The Cemeteries’ policy is to adequately pay for the services of all of its employees; consequently, these employees seek no extra compensation for their services and are trained to render prompt, courteous and efficient service to all persons having occasion to do business with the Cemeteries. Moreover, the employees of the Cemeteries have agreed to give all of their working time to the maintenance, upkeep and all facets of Cemeteries’ operations. Therefore, no one may engage the services of said employees while they are working for the Cemeteries within the cemeteries, and no tips or rewards shall be given to such employees.

s. Should anyone with to make an inquiry, comment or complaint in connection with any matter pertaining to the Cemeteries or its operations, he/she shall place the inquiry, comment or complaint at the Cemeteries’ office.

t. As stated in the preamble hereto, all are reminded that the cemeteries in the entirety are sacredly dedicated to the burial or entombment of the human dead, and that all applicable and prevailing provisions and penalties of the law may be strictly enforced for all violations.

u. The Cemeteries considers that it is of the utmost importance that there should be strict observance of all due proprieties, whether embraced in the Rules and Regulations or not; and no improprieties will be tolerated.

v. The Cemeteries will consider it to be an act of interested cooperation and respect for the dead if any person calls it its attention any type of improper decorum that may come to his/her notice.

w. Only persons authorized by the Cemeteries, including a military guard of honor, will be permitted to bring into or carry firearms within its cemetery. Moreover, a military guard will not be admitted to the cemetery, unless it is under the direction and control of a military officer.

x. The cemeteries shall remain open to the public September through April from 8:00 a.m. to 5:00 p.m. and May through August from 8:00 a.m. to 7:00 p.m. The Cemeteries’ office will be open 9:00 a.m. to 4:30 p.m. weekdays. The cemeteries will be closed for funerals on Sundays and all National Holidays including no funerals after 12:00 noon on Good Friday, Christmas Eve, and New Year’s Eve. Special office hours will be in effect to accommodate Memorial Day cemeteries’ visitors.

y. The Director, and such other employees as the Cemeteries may authorize and designate, shall have the authority of peace officers and shall be expected to enforce all of these Rules and Regulations; and such officers may exclude and expel from the cemeteries any person violating the same.

z. The Director and his/her duly designated assistants shall have the right of supervision of and control over all persons within the cemeteries including, without limitation, the conduct of funerals, traffic, owners, visitors and all others.

aa. In addition to the above peace officers and their duly delegated assistants, the Cemeteries shall have the right, from time to time, to maintain its own independent security guards within the cemeteries, but it shall be under no legal obligation to do so.

bb. No photographs may be taken in any part of the cemetery except as authorized by the Director.

 

V. RIGHTS OF BURIAL

a. The Right of Burial does not grant any privileges other than those therein specified. The right to use any burial space shall be limited to the Christian burial of the remains of the human dead, regardless of the nature, right or extent of ownership of the burial space.

b. The remains of one human being only shall be interred in one grave or crypt, unless such grave or crypt has been purchased with written agreement, or unless permission is granted by written consent of the Management that more than one body may be interred, and provided proper identification is made of such interment or interments on one regulation crypt, memorial or marker. The Management reserves the right to authorize or permit the interment of more than one human remains in one grave or crypt. The Management may exercise this right with reference to single crypts or single graves or any section of graves.

c. The Cemeteries is not an insurer; not will it be responsible for the loss, theft or damage to anything that may be placed on or in connection with a burial space, whether the same be so placed with or without the Cemeteries’ permission. Cemeteries will take every reasonable precaution to protect all private property of lot and grave owners properly and lawfully in the cemetery from loss or damage, but it distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially from the acts of lot owners, grave owners or visitors or of thieves, vandals, rioters, trespassers and malicious mischief-makers, and from all acts of Providence, including wind, fire, tornado, cyclone, hail, snow, frost or other elements, whether the damage be direct or not.

d. The Cemeteries will always respect the private property of the owner of a burial space within the cemetery; and the Cemeteries will, at all times, refrain, as far as possible, from unnecessarily touching or handling the property of others within the cemetery; and all other persons who enter the cemetery will be expected to do likewise.

e. The Right of Burial is non-assignable; and the rights granted thereunder may not be transferred, sold, mortgaged, leased, exchanged, assigned or in any other way disposed of, except by the permission and with the approval of the Cemeteries, in writing.

f. The Right of Burial purchased, and the privileges granted thereunder, shall at all times be subject to the limitations, restrictions and conditions of all canons, rules, regulations, laws and discipline of the Roman Catholic Church and the Archdiocese of Kansas City in Kansas and to all of the Rules and Regulations as herein set forth or hereafter amended.

g. All Agreements for the purchase of Rights of Burial or of other merchandise, as well as any amendment or supplement thereto, shall be on forms approved by the Cemeteries. All terms and conditions for the purchase of Rights of Burial or merchandise must be set forth in the Purchase Agreement, amendment or supplement thereto; and no oral agreements, representations or warranties shall ever be recognized.

 

VI. FUNERALS AND BURIALS

a. All funeral corteges, upon entering the cemeteries, shall be subject to the direction and control of a Cemeteries Director or other authorized employees of the Cemeteries.

b. No funerals are permitted to occur at a time that could extend services or Cemeteries’ operations beyond dark. No funerals are permitted on Sundays, Holidays, and the afternoons of Good Friday, December 24th, and December 31st.

c. Certain minimum advance notice must be provided the Cemeteries of a desired funeral time in order to properly prepare the burial space. The existing notice requirement, as well as the prevailing costs of all services performed by the Cemeteries, is periodically disseminated to funeral directors in the area to set forth prevailing policies and costs and to reflect any changes therefrom. This information is also available at the Cemeteries’ office.

d. No burial, interment, removal or transfer shall be made into, upon or from any Cemeteries’ property without receipt of a written application from the property owner, or from the owner’s surviving spouse, or by a duly authorized Representative designated by the Heirs of the property owner. Said application must set forth satisfactory evidence of ownership and must designate by the precise location of the requested interment. The Cemeteries will not be responsible for errors, mistakes or delays in following any instructions of burial, disinterment, transfer or removal application furnished to it, particularly with respect to the authority of the person ordering the burial or the correct location of the burial, as long as it acts in good faith.

e. No disinterment, removal or transfer shall be made into, upon or from any Cemeteries property without receipt of the written application of both the property owner and the next of kin of the deceased.

f. The Cemeteries must be notified as soon as possible of any delays of a scheduled funeral.

g. All burials to be made in private mausoleums must be kept back of the front line of the structure on either side, and no burial may be made in front of the mausoleum.

h. Persons who are not Catholic may be buried in the cemeteries if burial elsewhere would result in separating members of the family. On such an occasion, the proper clergyperson may conduct the cemetery rites.

i. The use of an outside burial container is required for all burials. An unsealed grave liner or sealed vault is required for underground burial. All containers must be constructed of concrete or steel or of other composition approved by the management. The requirement of such a container is not solely for purposes of protecting the environment, but also to help ensure against ground settlement and cave in, keeping the ground safe for maintenance crews and visitors. The outer containers for the above-ground mausoleum and below-ground lawn crypts must consist of pre-constructed concrete crypts.

 

VII. OWNERSHIP

a. The cemeteries are of a religious nature and character, and the sale of all Rights of Burial therein shall normally be restricted to members of the Roman Catholic Church.

b. Where the certificate of Right of Burial designates one individual as purchaser, such individual is the sole owner of the certificate of Right of Burial. Upon the death of said purchaser and sole owner, the rights granted under the certificate of Right of Burial shall descend in equal shares, subject to the right to burial in or upon the described cemetery property, to the surviving spouse if there be one, and to the members of his/her family.

c. Where the certificate of Right of Burial designates husband and wife as purchasers, in the absence of specific language to the contrary, ownership of the certificate of Right of Burial shall vest equally in said designated individuals in Joint Tenancy, with the Right of Survivorship to the surviving spouse. Upon the death of the survivor, the rights granted upon the certificate of Right of Burial shall descend, in equal shares, to the members of the family of the said survivor.

d. The term “family” as set forth herein and in the certificate of Right of Burial is defined to comprise all relations within the third degree of consanguinity and then to the second degree of affinity.

e. The transfer or assignment of any certificate of Right of Burial in or upon described Cemeteries property may be requested by written application to the Cemeteries, by the owner or owners, to an owner or owners not otherwise possessed of any interest in same.

f. A reservation as to the future use of a specific burial space for the use of any individual not otherwise entitled to ownership rights by transfer or assignment in or upon described Cemeteries property may be requested by written application to the Cemeteries by the owner(s).

g. All requests for transfer or assignment or for a burial space reservation must be submitted in writing to the Cemeteries and are ineffectual unless duly approved and authorized by the Cemeteries and duly recorded in its official records.

h. The Cemeteries, in its sole discretion, shall determine the need or propriety of any request for transfer, assignment or reservation of grave space, and its consent or refusal to consent to same shall be final.

i. Ownership descends and may be transferred or assigned only as herein provided. Any attempt at testamentary disposition of any Rights of Burial in or upon any Cemeteries property shall be invalid and ineffectual.

j. All transfers of Rights of Burial or Cemeteries property shall be subject to the payment of such reasonable fees and charges as may be established from time to time on a uniform basis by the Cemeteries, and such fees and charges shall be paid to the Cemeteries before any transfer is approved by it and recorded on its records.

k. No division or subdivision of ownership of a Right of Burial or memorial shall be permitted without the written consent of the Cemeteries.

l. In any instance where the Cemeteries makes a burial on the authority of any person who presents the official title to the burial space of Cemeteries property in which said burial is to be made, the Cemeteries’ right to make said burial shall be conclusively presumed; but the Cemeteries shall have the right to refuse with impunity to permit a burial if it receives a written protest from any person who, in the sole judgment of the Cemeteries, has a reasonable basis for objecting.

m. In dealing with an Owner, the Cemeteries may recognize, for all purposes, the last address of said Owner that is on file in the Office of the Cemeteries; and any notice forwarded by the Cemeteries to said address shall be conclusively considered as sufficient and proper legal notification for any and all purposes. If an Owner wishes to change his official address, it shall be his/her duty to notify the Cemeteries, in writing; and when such a notice is received by the Cemeteries, the Owner’s address shall be promptly changed on the Cemeteries’ records and thereafter said new address shall prevail for all purposes.

 

VIII. CORRECTION OF ERRORS

The Cemeteries reserves the right to correct any and all errors that may occur in or in connection with the operation of the Cemeteries, including, without limitation, those involving, or in connection with, the making of a burial, entombment, disinterment or removal, or in the description, transfer, granting the right of use or conveyance of Cemeteries property; and in this connection, the Cemeteries shall have the right to substitute, grant the right of use, or convey, in order to correct any such errors, other burial rights, approximately equal in value and location, as far as feasible, as selected by the Cemeteries; or, in the sole discretion of the Cemeteries, the correction of an error may be accomplished by the refunding of the amount of money paid of account of the acquisition or use of Cemeteries property. In the event an error shall involve a burial or entombment, the Cemeteries shall have the right to remove and transfer the remains that are involved.

 

IX. SERVICE, MAINTENANCE, CONSTRUCTION, REPAIRS AND IMPROVEMENTS

a. All labor and work performed in conjunction with special services offered by the Cemeteries, specifically including but not limited to work on burial spaces or Cemeteries property, the opening and closing of burial spaces, the actual conduct of burials, disinterments and removals, grave liner/vault handling and foundation work, and crypt from identification must be performed exclusively by employees of the Cemeteries or such persons as may otherwise be authorized by it, at the prevailing charges at the time as fixed by the Cemeteries on a uniform basis.

b. All other labor and work performed in conjunction with maintenance, construction, repairs and improvements within and upon the grounds of the Cemeteries of every kind and nature shall be performed by employees of the Cemeteries or by such persons as may be otherwise authorized by the Cemeteries.

c. No enclosure or embellishment of any kind, such as a cover, fence, coping, hedge or ditch, shall be permitted around or abutting, in whole or in part, on any Cemeteries property. The established grade of any cemetery property shall not be altered in any way.

d. No iron or wire-work and no seats, settees, containers, etc., will be allowed upon lots or in any other part of the cemeteries, except as allowed by special permission from the Cemeteries. Any allowed items made of metal which begin to deteriorate shall be renewed if possible by the Cemeteries or they will be removed from the cemeteries.

e. The Cemeteries, or its agents, employees, or licensees, shall direct and supervise any and all improvements that are made within the cemetery, including planting, sodding, surveying and the erection of improvements.

f. In the opinion of the Cemeteries, should any tree or shrub situated in any part of the cemeteries, or on any property therein, means of its roots or branches, or otherwise, become detrimental to the adjacent lots, roads or avenues, or dangerous or inconvenient to patrons of the Cemeteries or detrimental to the general appearance of the grounds, the Cemeteries shall have the right to remove the said tree or shrub, or each part thereof, as may be deemed necessary.

g. As soon as flowers, wreaths, emblems, etc., used at funerals or placed on graves at other times, become unsightly, they will be removed and no responsibility for their protection or maintenance will be assumed by the Cemeteries.

 

X. DISINTEMENTS, TRANSFERS AND REMOVAL OF REMAINS

a. No disinterment, transfer and/or removal of remains out of any Cemeteries property in which such remains have previously been buried or entombed, to another Cemeteries property either within the cemetery or in another cemetery, shall be permitted, except with the prior written approval and authorization of the following:

  1. The cemetery property owner (or all of the successor owners, if such be the case)
  2. The appropriate heirs or next of kin of the deceased; and
  3. Proper civil authority, when necessary

b. When the proper approval and authorization for a disinterment, transfer or removal as aforesaid has been received, the actual service shall be performed by the Cemeteries at its convenience without further or prior notice to the cemetery property owner or successor owners, heirs or next of kin of the commencement of the work.

 

XI. FLOWER DECORATIONS

NOTE: SEE PRESENT “REGULATIONS FOR CEMETERY DECORATIONS”

 

XII. MEMORIALIZATION REGULATION

NOTE: SEE PRESENT “REGULATIONS FOR MEMORIALIZATION”

MEMORIAL RULES AND REGULATIONS

Effective October 1, 1992

GENERAL

IN MEMORY OF THE DEAD THAT ARE BURIED AT THE CATHOLIC CEMETERIES AND FOR THE PROTECTION OF LOT HOLDERS AND THE PURPOSE OF BEAUTIFICATION, ORDERLY APPEARANCE AND MAINTENANCE OF THE CATHOLIC CEMETERIES, THE INSTALLATION OF FOUNDATIONS AND PLACEMENT OF MONUMENTS OR MARKERS IN THE CATHOLIC CEMETERIES OPERATED BY CATHOLIC CEMETERIES ASSOCIATION OF WYANDOTTE AND JOHNSON COUNTIES, KANSAS, INC.

These rules apply to Mt. Calvary Cemetery (Kansas City, KS), St. John Cemetery (Kansas City, KS) and Gate of Heaven Cemetery in Wyandotte County, Resurrection Cemetery, St. Joseph Cemetery, St. John Cemetery (Lenexa) and Mt. Calvary Cemetery (Olathe), Mt. Calvary Cemetery in Topeka and Mt. Calvary Cemetery in Lansing (herein collectively known as Catholic Cemeteries). All references to Catholic Cemeteries Association refer to the Catholic Cemeteries Association of Wyandotte & Johnson Counties, Kansas, Inc. All references to contractors, independent contractors or dealers refer to those entities who sell and/or install foundation, monuments or markers in the Catholic Cemeteries.

  1. Catholic Cemeteries Association reserves the right at all times to approve and prescribe the kind, size, design, symbolism craftsmanship, inscriptions, and quality and material of monuments or markers (herein memorials) placed or to be placed in the Catholic Cemeteries. All memorials are subject to the approval of Catholic Cemeteries Association prior to placement, and such approval shall not be unreasonably withheld.
  2. The Catholic Cemeteries Association maintains regulations and instructions pertaining to monuments and markers placed in the Catholic Cemeteries. These detailed regulations and instructions and all amendments thereto are hereby made a part of these General Rules and Regulations.
  3. All contractors and dealers must submit a Memorial Dealer Application to Catholic Cemeteries Association, and the Application must be approved by Catholic Cemeteries Association prior to any work being performed in any of the Catholic cemeteries. The Memorial Dealer Application form will be provided to all dealers or contractors upon request. Catholic Cemeteries Association has the right to reject, within a reasonable time, all applications that do not conform to the rules and regulations of Catholic Cemeteries Association, including those applications which are not made on forms supplied by Catholic Cemeteries Association. Each application shall contain a detailed description of the proposed memorial, and the description shall include the size of all parts of the memorial, kind of material, inscriptions as they will appear on the memorial, and a description of the design, emblems, epitaphs, and symbols. Descriptions submitted without complete information will be returned.
  4. If the application referenced in paragraph 3 is not rejected, the contractor or dealer must provide Catholic Cemeteries Association three days’ advance notice prior to the installation of the memorial and/or foundation. If the installed memorial does not conform to the approved description on the application or the rules and regulation of Catholic Cemeteries Association, it shall be the responsibility of the dealer to correct the errors or deficiencies in workmanship or material so as to conform the memorial to the rules and regulations and/or to the description on the Memorial Dealer Application.
  5. All memorial work or foundation installation must be done between the hours of 8:00 a.m. and 3:00 p.m. All independent contractors must obtain an appointment from Catholic Cemeteries Association at which time such independent contractor may do its work. Catholic Cemeteries Association has the right to delay work due to funeral services, ground or weather conditions, and other reasonable factors. It is best to schedule work between 1:00 p.m. and 3:00 p.m., as Catholic funeral services are not usually scheduled during these hours. Work may not take place on Sundays, Holidays and Good Friday. At no time shall independent contractors perform work in the Catholic cemeteries without a Catholic Cemeteries Association representative being present.
  6. Lot owners must sign authorization forms as provided by Catholic Cemeteries Association before any work is performed in the Catholic cemeteries.
  7. Independent contractors must maintain at least $500,000 in liability insurance coverage, and must maintain statutory workers’ Compensation insurance coverage on all their officers, partners, directors and employees who are actually involved in the installation of memorials in the Catholic cemeteries before they will be permitted to work in the Catholic cemeteries. If requested by Catholic Cemeteries Association, written evidence confirming that all such coverage is in force and effect shall be provided to Catholic Cemeteries Association by the contractor prior to any work being performed in the Catholic cemeteries. Contractors and Dealers agree that they will guarantee all products for a period of at least six (6) months, during which time (or during any longer guarantee period provided by the Dealer to its customer) the Dealer or contractor is obligated to make all repairs and corrections in materials and installation within 30 days, or within 20 days if the repairs or corrections involve defective bronze or granite, after the receipt of written notice from Catholic Cemeteries Association of the defect or incorrect installation. Unless corrected within such time, Catholic Cemeteries Association may make the repair and charge the Dealer or contractor a reasonable fee. This guarantee does not extend or apply to defects caused by the Catholic Cemeteries Association or its employees after installation of the memorial.
  8. Independent contractors must pay an inspection fee for layout and inspection of the memorials and foundations installed by them. All inspections must be paid to Catholic Cemeteries Association with the memorial Dealer application.
  9. All fees owing to Catholic Cemeteries Association, whether owed by the lot owner, independent contractors or others, must be paid in advance of any construction or other work.
  10. Damage done to burial sites, walks, drives, trees, shrubs or other property by independent contractors, or others, must be paid in advance of any construction or other work.
  11. Independent contractors are prohibited from scattering debris, equipment or tools on roads or walks, and they must remove their material from the grounds as soon as possible. Independent contractors shall reimburse Catholic Cemeteries Association for all expenses incurred to clean the installation or work site.
  12. Catholic Cemeteries Association reserves the right to stop all work of any nature when, in its opinion, proper preparations for the work have not been made, work is being done in such a manner as to endanger life or property, there is evidence of misrepresentation on the part of the lot owner or contractor, any reasonable request made by Catholic Cemeteries Association is disregarded or not complied with, or when any person employed for the work being done violates any rules set forth here in or any rule particular to the Catholic cemetery in which the work is being performed.
  13. If an independent contractor substantially and unreasonably violates Catholic Cemeteries Association rules, or fails to pay any amount due and owing to Catholic Cemeteries Association, Catholic Cemeteries Association may refuse to permit that independent contractor to perform any additional or future work in any of the Catholic cemeteries.
  14. The location of placement and the positioning of a memorial and foundation on a burial site shall be entirely subject to the approval and supervision of Catholic Cemeteries Association.
  15. Memorials extending above the surface of the ground are not allowed on burial sites unless specifically set apart for such monument privileges. Only one flat marker will be permitted on single or multiple-depth burial sites. Markers shall not be set to embrace two or more burial sites unless specifically set apart for such marker privileges. Memorials extending above the surface of the ground are not allowed on single or multiple-depth burial sites.
  16. When existing memorial work does not comply with these regulations and additional memorials are to be set on the lot, Catholic Cemeteries may grant permission to duplicate existing work as to size, design, finish and material.
  17. Catholic Cemeteries Association is not responsible for damage or breakage to memorials or ornamentations due to flaws caused from a natural existence, quarrier or manufacturer.
  18. Catholic Cemeteries Association is not responsible for any loss or damage to memorials or ornamentation, either attached to the memorial or free standing, due to theft, vandalism or other malicious practices beyond its control.
  19. Only granite or bronze memorials approved by Catholic Cemeteries Association will be permitted. Homemade memorials or synthetic granites will not be permitted.
  20. Statuary and pictures are not permitted in certain areas of the Catholic cemeteries, and are not permitted at all in certain Catholic cemeteries. Statuary and pictures are not recommended for memorials as they are susceptible to vandalism or other malicious practices. Catholic Cemeteries Association is not responsible for damages or breakage of statuary or pictures due to theft, vandalism or other malicious practices beyond its control.
  21. Vesperlites are not permitted.
  22. Granite, stone or marble chips, or chips or ground cover of any kind, are not permitted around memorials or any lot in any of the Catholic cemeteries.
  23. A tolerance of 1/2″ over or under the specified dimensions will be permitted.
  24. Corner lot markers are not permitted in any of the Catholic cemeteries.
  25. While Catholic Cemeteries Association will exercise all reasonable care to protect raised lettering, carving or ornaments on any memorial or other structures within the Catholic cemeteries, it disclaims responsibility for damage or injury thereto.
  26. Catholic Cemeteries Association reserves the right to correct any error made by its employees or by independent contractors in the location or placing of a memorial in the Catholic cemeteries after adequate notice to the independent contractor of such defects or errors.
  27. Should any memorial, mausoleum or tomb become unsightly, dilapidated or a menace to the safety of persons within the Catholic cemeteries, Catholic Cemeteries Association shall have the right to correct the condition or to remove the same, in either case at the expense of the lot holder.

RULES FOR GRAVE MARKER FOUNDATIONS

The following procedures govern excavation and concrete foundations for monuments.

a. The maximum dimensions of the concrete foundation shall be no greater than one inch wider and no greater than one inch longer than the dimensions of the monument. The minimum dimensions of the concrete foundation shall be equal to the dimensions of the monument.

b. Excavation for the concrete foundation shall have vertical sides and a firm, level bottom free from loose dirt, mud, stone, frozen earth and other debris.

c. For frost protection, the bottom of the concrete foundation shall be a minimum of 30 inches below the surface of the ground.

d. Ready-mixed concrete shall have a minimum strength of 2,000 pounds per square inch.

e. Concrete mixed at the site shall be proportioned as follows: cement:sand:gravel – 1:2:3. The quanity of water added shall produce a plastic, workable mix, but not excessively wet.

f. Potable water shall be used.

g. Sand and gravel shall be of equal quality and type used in commercially available ready-mixed concrete.

h. Concrete foundation shall extend to within a minimum of 2 inches below the surface of the ground, and placed as level as the terrain will allow. Concrete shall have a 24-hour curing period before monument base is placed. Monument base shall be set on dry mixture of 3 parts sand to1 part Portland cement.

i. Freshly placed concrete shall be well consolidated by spading or tamping.

j. Freshly placed concrete shall be protected against moisture loss and against freezing for a period of 4 days.

k. Concrete shall not be poured on frozen ground.

l. Catholic Cemeteries Association reserves the right to postpone any work due to unfavorable ground conditions or due to current or anticipated weather conditions.

m. All removal of excavated dirt and cleanup of the site shall be done by the independent contractor installing the foundation/monument. Dirt must be removed from the Catholic cemetery unless prior approval or direction has been given by Catholic Cemeteries Association to dispose of dirt at a specified location within the Catholic cemeteries. Catholic Cemeteries Association will notify independent contractors of their deviation from the specifications and regulations. If the independent contractor fails to make the corrections, Catholic Cemeteries Association will do so at the independent contractor’s expense, payable by the independent contractor on demand or out of the independent contractor’s liability insurance coverage.

MEMORIAL RULES AND REGULATIONS

GATE OF HEAVEN CEMETERY

MT. CALVARY CEMETERY, KANSAS CITY

MT. CALVARY CEMETERY, OLATHE

MT. CALVARY CEMETERY, LANSING (to be updated by 12/31/16)

ST. JOHN CEMETERY, KANSAS CITY

ST. JOHN CEMETERY, LENEXA

ST. JOSEPH CEMETERY (excluding St. Joseph Garden)

MONUMENT REGULATIONS

  1. Only one monument will be permitted on a family lot.
  2. Monuments are permitted only on two or more gravesites, except in specific sections of Mt. Calvary (Kansas City) and St. John (Lenexa) where additional graves are needed.
  3. Monuments must be centered on the back line of the lot (except where platted otherwise), and the main inscription on the monument must be approved by Catholic Cemeteries Association. Family names are not permitted on the back of monuments unless approved by Catholic Cemeteries Association.
  4. Monolith monuments (monuments without bases), grave ledgers and markers placed on bases are not permitted.
  5. Monuments must not be set adjoining each other in any area of the cemetery.
  6. The following size monuments are permitted in the monument areas:

    Base Length:     Minimum 38%         Maximum 80% (back line)

             Width:       Minimum 1’0″          Maximum 1’4″

             Height:      Minimum 0’6″         Maximum 0’10”

    Die: The die stock must be sized so that the wash on the ends and sides of the base will be proportioned according to the size of the monument.

              Height:     Minimum 1’4″          Maximum 2’6

  7. Monuments must have the following finishes:

Base: Top-polished or axed flat surface (no bevel washes); Ends and Sides – rocked (margin will be

permitted at low owner’s option).

Die: Front and back – polished or axed

Top and ends – lot owner’s option

8. Vases are not recommended for monuments. Lot owners are advised that vases are susceptible to VANDALISM OR OTHER MALICIOUS PRACTICES. The loss or damage to vases could result in a continual replacement expense on the part of the lot owner. The loss or damage to vases by vandalism or other malicious practices is not the liability of Catholic Cemeteries Association of its insurance company.

9. The following regulations pertain to vases:

  • Extensions to the monument bases are not permitted for the placement of vases.
  • Vases are not to be secured to the base with dowel pins or epoxy. Regular setting compound, as is used to set dies to bases, is required.
  • Rectangular vases must have straight fronts, backs and tops. Ends must not have more than 1″ reverse tapers.

RESURRECTION CEMETERY

MONUMENT REGULATIONS – CHARITY GARDEN

  1. Only one monument will be permitted on a family lot.
  2. Monuments must be centered on the back line of the lot (except where platted otherwise) and the main inscription on the monument shall be approved by Catholic Cemeteries Association.
  3. Monuments will no be permitted on fewer than four grave lots.
  4. Monolith monuments (monuments without bases), grade ledgers, wedges, wedge monuments, markers placed on bases, wing or split monuments are not permitted.
  5. Statues are not permitted.
  6. The following size monument will be allowed only when the monument is set in the center of four spaces, two spaces front and two spaces back of the monument:

    Base: 4’6″ x 1’2″ x 0’8″ to 0’10”

    Die:   3’6″ x 0’8″ x 2’0″ to 2’6″

  7. Monuments must have a minimum wash of 6″ on each end and 3″ on each side.
  8. Monuments must have the following finishes:

    Base: Top                -Polished or Axed flat surface (no bevel wash)

              Ends/Sides – Rocked (Margin will be allowed at lot owner’s option – 2″ maximum)

    Die:   Front/Back – Polished or Axed

              Top/Ends    – Lot owner’s option

  9. Only rectangular granite vases are permitted on monuments. Lot owners are advised that vases are susceptible to VANDALISM OR OTHER MALICIOUS PRACTICES. The loss or damage to vases could result in a continual replacement expense on the part of the lot owner. The loss or damage to vases by vandalism or other malicious practices is not the liability of Catholic Cemeteries Association of its insurance company.
  10. The following regulations pertain to vases:
  • Extensions to the monument bases are not permitted for the placement of vases.
  • Vase stock is to be of the same size as the die stock.
  • Vases are not to be secured to the base with dowel pins or epoxy. Regular setting compound, as is used to set dies to bases, is required.
  • A rectangular vase requires a minimum wash of 7″ plus the top dimension of the vase.
  • Rectangular vases must have straight fronts, backs and tops. Ends must not have more than 1″ reverse tapers.
  • The height of the rectangular vase must be 1’0″ or 1’2″.
  • The finish on granite vases must be as follows:

Front/Back            -Polished or Axed

Sides                       -Polished, Axed or Rocked

Top                         -Polished or Axed

Bottom                  -Sawed

MONUMENT REGULATIONS – FAITH GARDEN

  1. Only one monument will be permitted on a family lot.
  2. Monuments must be centered on the back line of the lot.
  3. All inscriptions and carvings must be engraved on the side of the monument facing the lot. The back of the monument must be blank.
  4. All inscriptions or carvings on the monument must be approved by Catholic Cemeteries Association.
  5. Monuments will not be permitted on fewer than four grave lots.
  6. Monolith monuments (monuments without bases), grave ledgers, wedges, wedge monuments, and wing or split monuments are not permitted.
  7. Statues are not permitted.
  8. The following sizes are permitted in the Faith monument areas:

    Base:    5’0″ to 8’6″ x 1’2″ to 1’4″ x 0’10”

    Die:      4’0″ to 6’6″ x 0’8″ to 0’10” x 2’0″ to 2’6″

  9. Monuments must have a minimum wash of 6″ on each end and 3″ on each side.
  10. Monuments must have the following finishes:

    Base:    Top – Polished or Axed flat surface (no bevel washes)

                  Ends/Sides – Rocked (margin will be allowed at owner’s option – 2″ maximum)

    Die:      Front/Back – Polished or Axed

                 Top/Ends – Polished, Axed or Rocked

  11. Only rectangular granite vases are permitted on monuments. Lot owners are advised that vases are susceptible to VANDALISM OR OTHER MALICIOUS PRACTICES. The loss or damage to vases could result in a continual replacement expense on the part of the lot owner. The loss or damage to vases to vandalism or other malicious practices is not the liability of Catholic Cemeteries Association or its insurance company.
  12. The following regulations pertain to vases:
  • Extensions to the monument bases are not permitted for the placement of vases.
  • Vase stock is to be of the same size as the die stock.
  • Vases are not to be secured to the base with dowel pins or epoxy. Regular setting compound, as is used to set dies to bases, is required.
  • A rectangular vase requires a minimum wash of 7″ plus the top dimension of the vase.
  • Rectangular vases must have straight fronts, backs and tops. Ends must not have more than 1″ reverse tapers.
  • The finish on granite vases must be as follows:

Front/Back               – Polished or Axed

Sides                          – Polished, Axed or Rocked

Top                            – Polished or Axed

Bottom                     – Sawed

MEMORIAL RULES AND REGULATIONS

MT. CALVARY CEMETERY, KANSAS CITY

ST. JOHN CEMETERY, KANSAS CITY

ST. JOSEPH CEMETERY

ST. JOHN CEMETERY, LENEXA

MARKER REGULATIONS

  1. All markers will be set at lawn level and follow the contour of the ground. Markers must be set at the head of the grave unless otherwise plotted.
  2. All markers must have level sawed bottoms.
  3. Raised lettering is not permitted on markers.
  4. Hickey, bevel, slant or western-style slant markers are not permitted.
  5. Marker sizes permitted:
  • Baby section: 1’8″ x 0’10” x 0’4″
  • Babies buried in adult graves: 2’0″ x 1’0″ x 0’4″ or 1’8″ x 0’10” x 0’4″
  • Single adult markers: minimum 2’0″ x 1’0″ x 0’4″; maximum 2’4″ x 1’4″ x 0’4″
  • Double adult companion markers: minimum 3’6″ x 1’2″ x 0’4″ to 0’6″; maximum 4’0″ x 1’2″ x 0’4″ to 0’6″
  • Triple inscription markers: 4’0″ x 1’2″ x 0’4″ to 0’6″

ST. JOSEPH CEMETERY

MONUMENT REGULATIONS – ST. JOSEPH GARDEN

  1. Only one monument will be permitted on a family lot. Monuments are permitted on only two or more graves.
  2. Monuments on family lots must be placed in accordance with cemetery plats as determined by Catholic Cemeteries Association.
  3. Inscriptions on monuments must be approved by Catholic Cemeteries Association.
  4. Monolith monuments (monuments without bases), markers placed on bases, grave ledgers or wedges are not permitted.
  5. No round turned vases or statues of any type are allowed on family lots.
  6. The following sizes and finishes are permitted in the these areas:

Family Estate Lots (Shrine Walkway) – 4 Graves

Die: 6’0″ x 0’10” x 2’6″          Front & Back – Polished or Axed

                                                   Top & Ends – Polished, Axed or Rocked

                                                   Carving & Lettering – Only on front

Base: 8’0″ x 1’4″ x 0’10”        Top – Polished or Axed

                                                   Sides – Rocked with 2″ polished or axed margin

Monument Estate and Shared Lots

Die:    Minimum Length – 3’0″                Front & Back – Polished or Axed

            Width – 0’8″                                    Top & Ends – Polished, Axed or Rocked

            Maximum Height – 2’2″               Carving & Lettering – Side facing graves

Base:  Maximum Length – 5’0″               Top – Polished or Axed

            Width – 1’2″                                     Sides – Rocked

            Height – 0’8″

            Wash – Ends – 0’5″ or 0’6″

RESURRECTION CEMETERY

MARKER REGULATIONS

  1. All markers must be set at lawn level and follow the contour of the ground. Markers will be set at head of grave unless otherwise platted.
  2. All markers must have level sawed bottoms.
  3. Raised lettering is not permitted on markers.
  4. Hickey, bevel, slant or western-style slant markers are not permitted.
  5. Two single markers will be allowed on an adult grave only when each marker is being used to distinguish separate burials, such as two babies buried in the same grave.
  6. Marker sizes permitted:
  • Infant of Prague section: 1’8″ x 0’10” x 0’4″
  • Babies buried in adult graves: 2’0″ x 1’0″ x 0’4″
  • Single adult markers: 2’0″ x 1’0″ x 0’4″
  • Double adult markers – one of two sizes permitted: 3/6″ x 1’2″ x 0’4″ to 0’6″; 4’0″ x 1’2″ x 0’4″ to 0’6″
  • Triple inscription markers: 4’0″ x 1’2″ x 0’4″ to 0’6″

 

XIII. CARE OF PROPERTY

a. All cemetery property purchases include a one-time charge to the cemeteries, which is placed in an interest-bearing fund. The interest earned from this fund is used to maintain the cemetery lots and for on-going maintenance.

b. Accordingly, the Cemeteries’ policy is, and will be, to furnish care, namely: for the burial space(s) area and for such general care and maintenance as may become reasonably necessary, due to natural growth and ordinary wear and tear, provided at reasonable limits within the net income derived from the care fund. By way of illustration, this general care and maintenance will include the care of turf, gardens, trees and shrubs; the maintenance of roadways, walkways, utilities and other facilities that contribute to the use and enjoyment of the cemeteries by each property owner; and the maintenance of full, proper and reliable records.

c. All funds received by the Cemeteries for the maintenance of a memorial foundation shall be deposited in a separate interest-bearing fund and will be used to defray the cost to the Cemeteries of the furnishing of memorial foundation maintenance, which it is now and shall hereafter be obligated to provide.

d. The Cemeteries will use every reasonable precaution to protect the memorials within the cemeteries against loss or damage; but the Cemeteries assumes no responsibility, direct or indirect, for the loss or damage that might result from causes beyond its reasonable control, such as: the elements, normal deterioration, accidents, criminal acts, etc.

e. The Catholic Cemeteries shall have the authority, but not the obligation, to attempt to recover damages caused to memorials and other property of owners as a result of negligent or intentional acts of any third party, after first notifying property owner(s) at the address provided to the Cemeteries pursuant to Section VII(m). The Cemeteries shall apply any funds recovered pursuant to this section to the repair or the replacement of the private property that is damaged.

XIV. FEES AND OTHER CHARGES

All fees and other charges for interments, disinterments, removals, transfers, entombments or other services rendered, or to be rendered, by the Cemeteries shall be established on a uniform basis but must be paid, upon request, to the Cemeteries, which will issue a receipt therefore when requested to do so. The Cemeteries reserves the right to make reasonable increases in fees or charges whenever it is deemed necessary.

XV. REPEAL, AMENDMENT, MODIFICATION, ADDITION OR OTHER CHANGES IN THESE RULES AND REGULATIONS

a. The Cemeteries may, and it hereby and herein expressly reserves the right to, at any time, with or without previous notice to owners, contractors, builders, merchants or to any other persons interested in any of its cemeteries, repeal, amend, modify, add to or change any of the above and foregoing Rules and Regulations, in whole or in part, upon the written authorization of two or more officers; and, upon doing so, such new Rules and Regulations, or amendment or modification or addition or other change, shall be fully binding on a uniform basis upon all said parties.

b. Any rules or regulations previously adopted and now in conflict with the foregoing are hereby repealed.