Article 1. General

These rules and regulations are designed to protect the interests of both the individual user and the Parish.  Adherence to these rules and policies will be maintained for the general good in preserving the desirability and beauty of the present, and future, memorial garden area.  These rules may be changed by agreement of the Pastoral Council of St. Mary Congregation as is deemed necessary.  Fee structuring or suggested ranges of donations will make allowances for the continued operational quality provided by the Parish.

Interested parties may review current rules and regulations by appointment during regular Parish office hours. These regulations will remain in the Parish office.

Exemptions to these rules must be in writing and signed by the chairperson of the Pastoral Council.  The specific exemption will be made for cogent reasons and shall not exempt the Grantee from otherwise unmentioned regulations, rules, conditions or restrictions that may apply.

The Parish recognizes that additions or amendments to the rules, conditions or restrictions may be deemed necessary by the Parish for the benefit of all parties and agrees to abide by changes or improvements as they may be made in the future.

Article 2. Definitions

The following definitions apply:

Columbarium – The cemetery wall which will contain niches of inurning the ashes of deceased persons.

Columbarium Committee – the standing Committee established by the Pastoral Council to oversee the operations of the Columbarium

Grantee – the owner of a niche reservation

Niche Purchase – the instrument which entitles a person to the right of inurnment of human remains within a niche in the Columbarium. The niche purchase does not constitute the sale of property, but is the provision of an inurnment space. All ownership of the land, the Columbarium remains with the Parish.

Parish – St. Mary Congregation, 9520 W. Forest Home Avenue, Hales Corners, Wisconsin, 53130

Article 3. Authorization of Inurnment

Authorization of inurnment in the Columbarium is subject to the following conditions:

Applicability. The Grantee agrees in writing to all regulations, restrictions and conditions set forth by the Parish or as may be amended and shall equally bind their heirs, successors, administrators and executors and assigns and are enforceable by the Parish and its successors.

Use of property. Only human remains will be placed in the Columbarium. Other use of a niche or the Columbarium is strictly prohibited.

Inurnment authorization. A written authorization is required from the Grantee, executor or personal representative for the person or persons not designated or intended for at the time of agreement between the Parish and the Grantee prior to the inurnment of those cremated remains.  This written authorization must be approved by the Parish.

Eligible Grantees. Eligible purchasers of a niche will include Parish members or former Parish members and their immediate family. Others with significant relationship with the Parish will be considered eligible purchasers upon the recommendation of the Columbarium Committee and the approval of Pastoral Council.

Subject to laws. In addition to rules and regulations set forth the Grantee agrees, and is subject to, applicable laws and regulations of properly constituted governmental bodies or agencies.    The Parish reserves the right to amend its rules and regulations.

Article 4. Conditions of Inurnment

Inurnment is subject to the following conditions:

Inurnment within niche space. Inurnment of cremated remains of a single person or of two persons within a niche is permitted. No more than two persons’ cremated remains may repose in a single niche.

Approved materials and vendors. The Grantee agrees to use materials, products, spaces, agents, parties, and designs approved and controlled by the Parish.  The Parish may, at its discretion, remove or require removal of any item not provided or installed, at the expense of the Grantee, should that item be provided by an outside source. Cremated remains not in accepted types of urns will be accepted and transferred into an approved type of urn.

Removal of an urn. Removal of an urn for permanent inurnment in another facility will be permitted upon presentation of the appropriate legal documents and payment of a fee determined by the Columbarium Committee.

Identification of cremains. The Parish, its employees or agents shall not be responsible, or liable, for the identification of the cremains of any person at the time of inurnment or at any subsequent time. The Parish acts in good faith that the cremains are those of the person on record.  Permanent marking of the name of the deceased and date of death will be required on all cremains delivered to the Parish for placement within a cremation space.

Control of the Parish. All improvements of any kind on or surrounding areas designated for cremated remains are under the strict control of the Parish and any type of work including, but not limited to: opening and sealing niches, installation and/or removal of memorializations, inurnments or disinurnments, plantings, landscape care or columbarium work.  The Parish may remove any and all improvements at any time, for any reason.  Use of materials, equipment, devices, outside agents, or products is subject to the strict control and approval of the Parish.

Access to parish grounds. The Parish reserves the right to refuse entrance to anyone on the Parish grounds or to the columbarium/cemetery for any reason other than by a property owner or relative of a property owner.  The Parish reserves the right to set hours that the columbarium/cemetery will be open or available for visiting, or services.

Errors.  Should cremains be placed in the wrong location the Parish will offer a new location to the Grantee or their authorized representative.  The Grantee or their representative's acceptance of the new space will be the limit of their remedy or redress.  The Parish will accept the costs associated with the disinurnment and reinurnment due to their error.  Should a previous claim to ownership exist for any space resold in error the subsequent purchaser will be given the option of either a refund for all monies paid or that of another available urn space.  If, for any reason, the actual space cannot be opened at the time of need the Parish may provide an alternate space, temporarily, so as not to delay the committal service, without liability to the Parish.

Disturbance of Cremains. The niche intended for the sheltering of the Grantee's cremains was the expressed wish of the Grantee.  Heirs will not be allowed to change locations, cause to be removed from their space, or transfer ownership without a court order from such a court having authority to demand such a change.

Decorations. The Parish will not be responsible for any decorations, flowers or other items placed on or near the cremation space.  The Parish reserves the right to remove any decoration, floral arrangement or other item that it deems unsightly or objectionable.  All decorations must not infringe upon the rights of others.  The Grantee shall be liable for any damage caused by the placement of any decoration.  Under no circumstances will the use of glass containers or other items that could cause injury be allowed in the cremation area.  The Parish, at its sole discretion, reserves the right to limit or restrict any decoration or design that would not be appropriate on Parish grounds.

Parish Right to Alter and Use Property. The Parish reserves the right to change the boundaries and make improvements as it sees fit.  The Parish reserves the right of ingress and egress as may be necessary.

Inurnment Hours. Inurnments or other services will be made when reasonable to do so after receiving adequate notice from the responsible party.  The Parish has the right to refuse inurnment of cremated remains when it is impractical to do so and may suggest an alternate time and/or day.  Acceptance of a different time or day than that originally requested will be the only remedy of the Grantee.

Authority to Operate. The Parish claims exemption from Chapter 157 of the Wisconsin State Statutes, Wisconsin Cemetery Regulations as a religious organization.

Funeral Service. The Parish expressly states that it is not a mortuary or funeral establishment and does not provide funeral services.  The Parish, its employees, representatives or agents make no claim that the Parish provides mortuary services or any other service that may require licensing by the State of Wisconsin.

Reference to Regulations. Every niche purchase and/or agreement entered into between the Parish and the Grantee will give reference to the regulations, rules, conditions and restrictions covered here and shall bind the parties to these in their loyalty.

Transfer of Ownership. Transfer of ownership is not permitted, unless otherwise approved by the Parish in writing.

Use of Cremation Space. If a person allows the use of their space, merchandise or services to another person in their place, the inurned person's heirs, representatives, assigns, agents, executor or administrator agrees to abide by the rules, regulations and restrictions as if the person interred were an actual signer to the agreement and will be bound equally.  Use other than by owner or his/her family must be approved by the Pastoral Council.

Article 5. Sale of a Niche

The following provisions pertain to the sale of Parish columbarium niches:

Niche Purchase Fee. The fee for a niche is presented in the Columbarium Fee Schedule. After the initial purchase of a niche, the Parish Columbarium Committee reserves the right to adjust the internment and disinterment fess as necessary.

Niche Selection. The eligible purchaser will select the niche upon payment. If the eligible purchaser did not select a niche upon payment or if no family member or representative is available for this purpose, the Columbarium Committee will select the niche.

Non-transferrable. A niche purchase is not transferrable. The holder may relinquish rights to the niche if unused, and return it to the Parish for resale and the Parish will refund original purchase price.

Choice of Location. In a situation where the Grantee knows the exact location of his cremation niche space at the time he enters into the agreement with the Parish it will be known as an "at-need" sale regardless of whether an actual death has occurred.  The choice of location will be granted on "first come" basis.  No promises are made to the Grantee relating to speculation of future sites or locations that may or may not be developed.

Sales Taxes. The Parish operates under a non-profit status.

Columbarium Fund.The Parish reserves the right to establish and control a columbarium fund.  All money received for the columbarium fund with all accrued interest will be made available to the Parish for the purposes of defraying the expenses involved for the continued maintenance and operations of its columbarium, or some other purpose if and when that time should ever arise.  All excess funds received and not needed to operate the columbarium would be transferred to the Parish General Fund.

Warrants. The Parish makes no guarantees or warrants concerning the durability or the expected life or condition of grounds, facilities or products offered to the Grantee.  The Parish offers these products and services for the sole purpose of providing a means for Catholic burial.

Agents or Representatives. The Parish may elect to appoint individuals to serve them in the operations or administration of the columbarium at its sole discretion.  The duties and powers of any such representative will be under the strict control of the Pastoral Council but only to the scope encompassed by these regulations.  The Pastoral Council may elect to establish a means of handling emergency, unique or special situations as they may arise without affect on these general regulations.

Article 6. Responsibilities of the Parish

The following are the responsibilities of the Parish for the operation and maintenance of the columbarium:

Limitation of Responsibilities. The Parish will maintain the columbarium in good condition, take all reasonable precautions against defacement or defilement of the niches and columbarium and preserve all pertinent records.  The Parish will not assume any liability for causes beyond its control including, but not limited to acts of God, vandalism, theft, accidents, riots, military action or strikes.  Loss or damage within the reasonable control of the Parish shall be limited to no more than the amount of the money paid for any contracted items.

Columbarium Expansion. If sufficient funds and need exist, the Columbarium Committee will have the right to physically expand the columbarium.

Article 7. Columbarium Committee Responsibilities

The following describes the responsibilities of the Columbarium Committee:

The columbarium will be administered by the Columbarium Committee appointed by the Pastoral Council.

The Columbarium Committee will consist of up to five members of the Parish. The Parish custodian, being responsible for all grounds of the Parish property, will serve as an advisory member of the Committee.

The presence of 66 percent or more of the member shall constitute a quorum.

The Committee is responsible for the management of all funds directly associated with the columbarium.

Special cases may arise in which literal enforcement of these Rules or fees may impose unnecessary hardship. The Pastoral Council and the Committee, therefore, reserve the right to grant exceptions to any of these Rules or fees when in the judgment of the Committee such action appears advisable. Any action under this section will be reported in writing to the Pastoral Council.

Available to St. Mary parishioners, families, and friends.