Rules

CENTER STREET CEMETERY ASSOCIATION, INC WALLINGFORD, CONNECTICUT

SERVING WALLINGFORD FAMILIES SINCE 1683

LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES

1 Center Street Wallingford, CT 06492 Robert J. Devaney, Sexton

centerstreetcemetery@sbcglobal.net 

CENTER STREET CEMETERY RULES AND REGULATIONS

TABLE OF CONTENTS

  • INTRODUCTION SECTION
  • Section I: OPERATING PROCEDURES
  • SECTION II: GENERAL RULES AND REGULATIONS/GUIDELINES  
  • SECTION III: ASSIGNMENTS AND CARE OF LOTS /PLOTS                                                
  • SECTION IV: PLANTINGS AND DECORATIONS                                            
  • SECTION V: INTERMENTS AND DISINTERMENTS
  • SECTION VI: MONUMENTS, HEADSTONES, AND MARKERS                              
  • ACKNOWLEDGMENT OF RECEIPT                                                                                                                

CENTER STREET CEMETERY WALLINGFORD, CONNECTICUT

INTRODUCTION

THE CENTER STREET CEMETERY ASSOCIATION, INC. administers the historic CENTER STREET CEMETERY. It provides vital services for interments and disinterments, including, but not limited to, opening/closing graves, preparing the grave site for services, assisting funeral directors, vault and monument companies, and  perpetual care of the lots. Its records provide valuable information to families and friends of the deceased, funeral homes, monument companies, and genealogists. In addition to many other activities, a dedicated Superintendent/Sexton ensures the grass is mowed, trees and bushes are planted, pruned and removed (when feasible and/or necessary) in a timely manner, leaves are cleared, and snow is removed.

SECTION I: OPERATING PROCEDURES

For the mutual protection of the families of those who have chosen the Center Street Cemetery as their final resting place, the Town of Wallingford and the Cemetery as a whole, the following Rules and Regulations haven been adopted by the Center Street Cemetery Association, Inc., (the “Association”), as the Rules and Regulations of the Center Street Cemetery. All families, visitors, funeral directors and/or their agents, vendors and outside contractors, as well as employees, members, and agents of the Association, 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 the Association from time to time as deemed necessary. The Association and/or the Superintendent/Sexton, hereinafter referred to as the “Sexton,” are hereby empowered to enforce all Rules and Regulations and to exclude from the Cemetery any person violating the same. The Association shall have charge of the grounds and buildings including the control of funerals, traffic, employees, vendors, outside contractors, and visitors and at all times shall have supervision and control of all  persons in the cemetery

SECTION II  –  GENERAL RULES AND REGULATIONS/GUIDELINES

1 . The right of admittance to the grounds may be restricted.

2. The Cemetery shall be open to the public daily, weather permitting, from sunrise until sunset. .

3. Visitors shall respect the solemnity of the grounds, conduct themselves with proper decorum, and strictly observe the rules which have been established for the purpose of securing quiet and good order at all times within the Cemetery. The following activities are strictly forbidden:

a. Loud or boisterous talking.  

b. Peddling or soliciting the sale of any commodity.

c. Placing of signs, notices, or advertisements of any kind.

d. Loitering.

e. Display of firearms or other dangerous weapons, except by a military escort accompanying a veteran’s funeral or attending memorial services and those allowed to carry firearms in the performance of their professional duties. The Sexton or his/her agent may ask any person who violates any of these rules to leave the premises.

4. The Association assumes no responsibility against vandalism or theft of any monuments, markers, memorials, flowers, trees, shrubs, and/or other property.

5. Alcoholic beverages, picnicking, smoking, or participation in any sporting event or game activities are prohibited within the grounds.

6. Dogs or other pets must remain in vehicles and are not allowed to cause nuisance or distraction. Service dogs are permitted only when on duty.

7 . No one under sixteen years of age is permitted on the grounds at any time, except during funerals, unless accompanied by a parent, guardian, or other adult who shall be responsible for their conduct.

8. Entering the grounds by any means other than through the regularly established entrances is not permitted.

9. Anyone visiting the Cemetery or attending a funeral is prohibited from removing any flowers, plants, or shrubs, whether cultivated or wild; breaking or injuring any tree or shrub; marring, defacing, breaking, or removing any monument, marker, or memorial; and defacing or injuring any property whatsoever.

10. It is prohibited to operate a motor vehicle within the Cemetery at a speed in excess of five (5) miles per hour. All vehicles are restricted to the Cemetery roads and  they shall honor and grant a funeral procession the right of way at all times. Motor vehicles shall not be left with the engine running and shall not interfere with the movement of other vehicles.

11. Except for the purpose of performing work within the grounds, attending a funeral, or caring for or visiting a grave, parking anywhere within the limits of the Cemetery is strictly prohibited. The Sexton reserves the right to have any vehicle found in violation of this rule removed at the owner’s expense. The Sexton also reserves the right to exclude from the grounds any vehicle that, in his/her judgment, might in any way damage the roads or any other property within the Cemetery.

12. Bicycles or motorcycles are not allowed on the grounds except for the purpose of attending a funeral or memorial service, visiting a grave site, or conducting work or  business with Cemetery officers or employees.

13. Persons who are not members of a funeral party shall not loiter or intrude upon a funeral service or open grave.

14. The Sexton may expel from the grounds any person violating any of these rules and regulations or disturbing the sanctity of the place by noisy or improper conduct.

15. No one, other than the Sexton or his/her agents, shall be allowed to perform any work within the Cemetery without permission of the Sexton or the Association, as the case may  be.

16. Any vendor or third party doing work at the Cemetery must show evidence of liability insurance and workers compensation insurance.

17. No one shall place, throw, deposit, discharge, or cause to be placed, thrown, deposited, or discharged, any trash, bottles or cans, refuse, rubbish, garbage, debris waste, or any other material of any kind anywhere within the Cemetery.

18. The Association may, and it hereby expressly reserves the right to, at any time, adopt new rules and regulations or amend, alter, and/or repeal any rule, regulation, and/or article, section, or paragraph in these Rules and Regulations. It may also, from time to time, adopt additional temporary rules that may be needed to meet emergencies not addressed by these Rules and Regulations.

19. Special cases may arise in which the literal enforcement of any of these rules may impose unnecessary hardship. The Association, therefore, reserves the right to make exceptions, suspensions, or modifications of any of the rules and regulations when, in its  judgment, the same appear advisable. Such temporary exceptions, suspensions, or modifications shall in no way be construed as affecting the general application of such rule.

20. In order to protect and promote the best interests of the Town of Wallingford and the Cemetery itself, as well as the interests of the families whose loved ones are buried in the Cemetery, the Association and/or its agent, the Sexton, will enforce these Rules and Regulations, as permitted by law

21. The Association shall establish fees for the various services outlined herein. A schedule of fees shall be available to the public. All fees are subject to change at the discretion of and with the approval of the Association.

SECTION III  –  ASSIGNMENTS  AND  CARE  OF  LOTS/PLOTS

1. Plots and/or lots cannot be purchased in the Center Street Cemetery. Lots shall be assigned only on an as-needed basis and strictly to Wallingford residents. Veterans, however, may be assigned a lot on a pre-needed basis (see Rule 3 of this Section). Lot assignments shall be made at the discretion of the Sexton, but every effort will be made to accommodate the wishes and needs of the individual or his/her family. At the time of assignment of a lot on an as-needed basis, an adjacent lot will automatically be assigned on a pre-needed basis if the deceased for whom the lot has been assigned is survived by a spouse or partner so that it can be used for that person when the need arises. Furthermore, the Sexton shall make every reasonable effort to hold two additional lots, if available, for the potential future use of immediate family members of the deceased who meet the criteria described in these Rules and Regulations. This rule does not in any way grant or guarantee burial rights to anyone other than a partner or spouse, if one exists, of the deceased. Further, the need for a burial site would have priority over the “effort to hold two additional lots” as stated herein.

2. For the purpose of Rule 1, Section II above, the term “resident” is defined as follows:

a. Any person who currently resides, or at the time of death was residing, in the Town of Wallingford and has or had for the entire preceding year.  

b. Any person who is, or was at the time of death, a permanent resident in a Wallingford nursing home or long-term care facility and has or had been residing there for the entire preceding year;

c. Any person who had lived in Wallingford for a minimum of one (1) year, but had since moved from town.

d. Proof of “resident” status will be required to the satisfaction of the Sexton.

3. Only veterans who are or were Wallingford residents can be assigned a lot on a pre-needed basis. All other provisions of Rule 1, Section II apply to veterans. A veteran is hereby defined as a member of the U.S. Armed Forces who has received an honorable discharge.

4. At the time of an assignment of burial right, as-needed or pre-needed, a onetime  perpetual care fee of $500 ($250 for individuals on welfare) must be paid to the Association.

5. An assignment of burial right, as described in the rules herein, is not an assignment of  property, but the right of internment in a plot or grave of human remains and the right to erect a monument, memorial, or marker on said plot or grave. Once granted by the Association, the right of internment cannot be sold, alienated, conveyed, or otherwise disposed of by the grantee or his/her heirs. The grantee must, at the Sexton’s request, indicate his/her intentions regarding the need for the granted plot. In the event that the grantee no longer is interested in the assigned plot, such right of internment will be forfeited and the perpetual care fee will not be refunded. Lots in which internment rights have been forfeited shall be available for use by the Association for other burial purposes as needed.

6. The Association assumes the perpetual care of the Cemetery, which includes mowing and trimming of grass, raking and cleaning of grounds, maintenance of roads, trees and shrubs, raising and grading sunken graves and flush markers, removal of unsightly decorations, and repairing markers and monuments. The Association will also, from time to time, contract with outside vendors to repair and restore historical markers and monuments in order to maintain and protect their integrity and historic value.

7. The general care assumed by the Association shall in no way mean the maintenance, cleaning, repair, reconstruction, or replacement of a memorial, marker, or monument,  placed or erected upon a lot, due to damage caused by the elements, an act of God, thieves or vandals, especially in the case where heirs are still alive and are responsible for doing such work. However, the Association reserves the right to maintain and repair any memorial as it, in its discretion, deems appropriate

8. The Association is hereby empowered to prohibit, remove, or modify any object or adornment, including any planting, or work done in violation of the rules or which they  judged objectionable or injurious to the lots, its environs, or any adjoining lot.

9. No fence, hedge, railing or coping will be allowed to enclose a lot, unless otherwise authorized by the Sexton. All boundaries between lots shall be provided by the Association.

10. Copying or rubbing of historic monuments, headstones, or markers are allowed, but only under the supervision of the Sexton.

SECTION IV –  PLANTINGS AND DECORATIONS

1. Cut and artificial flowers shall be permitted when securely placed in a vase or container. They can also be placed in a cone-type plastic vase that sticks into the ground. Glass or metal containers, pieces of wire, or similar materials used to secure any kind of container are not permitted. In-ground planting of flowers or potted plants on a grave are  permitted and can remain at the site for the entire growing season, but they may not be  placed more than 12 inches from the face of the monument. Care for these plants and/or flowers is the responsibility of each family. After the plants and/or flowers have ceased to bloom or have become neglected, they must be removed.

2. Winter decorations are allowed from November 1 to March 15. The use of pillows,  boxes, sprays, and wreaths that can be placed against the monument is allowed. The use of grave boxes is recommended, as they do not require wire anchors or stakes to hold them in place during the winter months. Grave blankets, decorated potted trees (real or artificial), and the decorating of evergreen trees or shrubs are prohibited. Anyone wishing to retain their decorations and containers must remove them prior to March 15.

3. American flags may be placed on graves during a 14 day period, which will be the seven (7) days before and the seven (7) days after, Memorial Day, Independence Day, Flag Day, and Veterans Day. They may not be larger than 18”x12” and must be placed on wood, metal, or plastic pipe with no more than 30” of the pipe showing above ground level. The placement of any other type and size of flag or at any other time beyond that which is herein stated may be permitted at the discretion of the Sexton.

4. The spreading of fertilizer, ashes, or other material on lots to stimulate the growth of grass is not allowed, except by staff. Application of any chemical or compound to control the growth of undesirable grasses or other plants is prohibited, except by staff.

5. Devotional/vigil lights, balloons, wind chimes, decorative stones, or pebbles are not allowed

6. The Association will consider donations of trees to be placed in a location chosen by the Sexton. Trees and/or shrubs may be planted in any lot, but only with the permission of the Sexton. However, if such plantings are neglected, became unsightly, overgrown, or  planting is not done according to specifications or without approval they will be removed without notice at the discretion of the Sexton.

7. The Association shall not be responsible for plantings damaged by the elements, vandals, thieves, or by other causes beyond its control and it shall have the right to remove all trees, shrubs, plants, flowers, and all objects from any lot/grave when, in their  judgment, they become unsightly, dangerous, detrimental, or diseased, or when they do not conform to the rules and regulations.

8. The Association reserves the right to remove any plantings, shrubs, flowers, or objects of adornment on any lot to secure access to an interment.

9. The Association shall perform a general cleanup of the grounds each spring and fall. The spring general clean-up will begin on March 15 and the fall general clean-up will  begin on October 15. Anyone wishing to retain any plants, flowers, flags, seasonal decorations, and their containers must remove them prior to these dates.

SECTION V  –  INTERMENTS AND DISINTERMENTS

1. Only human remains may be interred in the Cemetery. All caskets must be enclosed in a concrete vault (urn vault for cremations) or other Association approved permanent container. The interment of two or more bodies is not allowed except in the case of  parent and child or two infants buried in one casket. No one may bury or scatter cremated remains at any time within the Cemetery boundaries. Interments from January 1 to April 1 are only allowed at the discretion of the Sexton.

2. The Cemetery is open for interments daily with the exceptions of Sunday and the following holidays: New Year’s Day, Martin Luther King Day, President’s Day, Good Friday, Memorial Day, Independence Day July 4th, Labor Day, Thanksgiving Day, Christmas Day

3. When an immediate burial is required by the laws of the State of Connecticut or under the rules and regulations of the Board of Health, interments may be made on a Sunday or holiday, for an additional fee (see fee schedule in the Appendix).

4. The Association reserves the right to insist on at least twenty-four (24) hours’ notice for all interments and at least seven (7) days’ notice for a disinterment. Notice of grave openings must be requested by 12:00 noon of the preceding day, Monday through Friday. Weekend burials must be requested by 12:00 noon on Friday for grave openings on Saturday, Sunday, or the following Monday. If in the opinion of the Sexton, a burial requested after 12:00 noon can be accomplished, a late fee will be charged (see fee schedule).

5. Funeral processions must arrive at the cemetery by 12:00 noon or be subject to late fees.

6. When requesting that a site be prepared and a grave opened for a burial, the funeral director must submit to the Sexton the necessary burial permit from the appropriate authorities. Payment for interment expenses as well as all fees including perpetual care fees must also be made at that time. All payments must be made to the funeral home which in turn will pay the Association.

7. The Sexton and/or his/her agents shall be in complete charge of funerals after they enter the Cemetery. Loud conversations, smoking, or improper conduct of any kind during funeral services will not be permitted. Funeral directors are expected to see that these rules are observed. The Sexton and or his/her agents shall have the right to expel from the Cemetery any individual or individuals who violate this rule.

8. Once a casket containing a body is within the confines of the Cemetery, no funeral director nor his/her embalmer, assistant, employee, or agent shall be permitted to open the casket or to touch the body without the consent of the legal representative of the deceased or an order signed by a court of competent jurisdiction.

9. The Association shall in no way be liable for any delay in the interment of a body when a protest to the interment has been made, when the rules and regulations have not  been complied with, or when difficulties arise in excavating a grave because of equipment breakdown or ground conditions. Further, the Association reserves the right to delay or postpone any interment or disinterment when hazardous weather conditions are anticipated

10. All tents must be erected by the vault company. The use of a tent at an interment shall  be denied when, in the judgment of the Sexton, to erect one would present a hazard.

11. Funeral floral arrangements will be removed from the grave when they become unsightly. Families desiring to retain same should remove them within three (3) days from the interment.

12. Interments and disinterments shall be made only by the Sexton or contracted agents who shall be under his supervision at all times. No disinterment will be allowed without  permission of the next of kin, the Association, and the proper authorities. A request for disinterment, issued by a court order or other appropriate authorities, shall be in writing and all charges for such service shall be paid in full in advance. When the coroner directs a disinterment for the purpose of holding an inquest and requests the release of the body to himself/herself or his/her agents, the Sexton reserves the right not to perform said disinterment. In such case, the disinterment must be made by the coroner or his/her agents. They will be responsible for leaving the site to the satisfaction of the Sexton.

13. The Sexton and/or his/her agents or assistants shall exercise the utmost care in making a disinterment, but the Association assumes no liability for damage to any casket done in the process.

SECTION VI  –  MONUMENTS, HEADSTONES AND MARKERS

1. No monument, headstone, or marker shall be set without a foundation. The building of foundations and the laying out of grave markers shall be performed only by the Sexton or his/her agent. There is a per square foot charge and payment is required in advance for this work (see fee schedule). Notice must be given two (2) weeks in advance. Foundations will not be built during the winter months.

2. The installation of a monument, headstone, or marker is not allowed in the Cemetery without the approval of the Sexton. A sketch drawn to scale showing the design, dimensions, material content, and complete inscription must be submitted to the Sexton for his/her approval.

3.  The Sexton shall have the authority to reject any memorial that due to its size, design, inscription, quality, color, or method of construction is unsuitable for the particular lot or grave on which it is to be placed. If the plan for the memorial is rejected, such rejection shall be made with a written explanation within ten (10) days. Upon request, any rejection shall be promptly reviewed by the Grounds Committee of the Association.

4. To properly perpetuate memory, all monuments, headstones, and markers shall be of first quality granite, marble, or other natural stone. Monument vendors/dealers, in order to secure the approval of the Sexton, 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 stain or cracks. Further, they must agree that if any fault resulting from material, improper finishing, or lettering develops within five (5) years from the date of setting, the memorial will be corrected or replaced without cost to the Cemetery or family of the deceased.

5. Monument retailers or independent stone setters shall agree to set all monuments, headstones, or markers in conformity with Association requirements and in accordance with trade standards of proper methods of handling and setting. All joints shall be sealed against moisture with non-staining material. If any fault resulting from improper setting develops within five (5) years from the date of placement in the Cemetery, such fault shall be rectified by the stone setter without cost to the Cemetery or the family of the deceased.

6. To avoid the appearance of congestion, only one central or family memorial may be  placed on a family lot. Unless otherwise approved by the Grounds Committee, the maximum size for monuments and headstones are as follows:

a. Single grave ………………  2’x1’x 3’ high

b. Two grave lot ……………..   3’x 1’x 3’ high

c. Three or more grave lot …..3’ 6” x 1’x 3’ high

In addition, one individual grave marker flush with the grade is allowed per grave. Whenever possible, individual markers should be placed at the end of the grave farthest from the base of the monument or headstone. All inscription work on new monuments, headstones, or markers must be done prior to setting.

7. Advertising is prohibited in the Cemetery. Trademarks registered in the United States Patent Office are permitted subject to the following conditions: sand-blasted into the monument without pigmentation, not more than two (2) inches square, and not obvious or detracting from the appearance of the monument. Copyrights are permitted where required by law, but their placement should not detract from the appearance of the monument.

8. Any attachments or inserts such as metal letters, natural stone, or other material shall  be non-staining and of a material that will not deteriorate. The supplier shall furnish a guarantee of the permanence for such attachments before approval for installation is granted by the Sexton. In addition, the rule of good taste in design shall apply.

9. Emblems of fraternal and military organizations, symbols of faith, hope, and love, as well as epitaphs, add individualism to memorials and are permitted when they are in good taste and do not detract from the appearance of the memorial or the Cemetery.

10. In the event a memorial is placed where it is necessary to remove it for an interment or disinterment, the Sexton shall have the right to temporarily remove and then reinstall such a memorial without notice to the next of kin. The Association, at its expense, may without any liability correct any error that may occur in the placing of a foundation or memorial.

11. If any monument or headstone becomes unsightly or dilapidated or if it becomes a safety hazard to visitors, the Association shall have the right, after consulting with the next of kin if possible, to correct the condition or to remove the same.

12. All workers engaged in the erection, cleaning, or repairing of monuments, headstones, or markers shall comply with the direction of the Sexton who may request such persons to furnish evidence of their ability to properly perform the work proposed. Further, they shall be responsible for protecting all surrounding property and liable for all damages. All work of any kind shall stop while a funeral is being conducted and all vehicles associated with such work as well as all workers shall withdraw to a reasonable distance from the location of the funeral service.

13. Heavily laden trucks will not be allowed to enter the cemetery in wet weather or when, in the opinion of the Sexton, the roads may be damaged.

14. No work may be performed in the Cemetery by outside vendors or contractors on Saturdays, Sundays, or legal holidays except when approved by the Sexton.

15. After a monument, headstone, or marker has been installed, a dealer or respective family wishing to remove same from the lot must first obtain permission from the Sexton. It shall be the responsibility of the dealer or the family to correct any damages to the monument or to the grounds resulting from their own activities.

16. The Association will not assume any responsibility for damage to any monuments or markers caused by vandals, private contractors working in the cemetery, or circumstances  beyond its control.

17. The standard headstone furnished by the United States Veterans Administration will  be used for veterans. The headstone for the veteran’s spouse or partner will be of the same size, letter style, color, and finish as the one furnished for the veteran if one is desired and must be paid for by the heirs.

Revised on the 23rd day of September, 2013

  ______________________________                  ____________________________

Peter A. Gouveia, President                                   Christopher K. Shortell, Secretary

GROUNDS COMMITTEE MEMBERS

Susan Marchese, Chair, Lorraine Devaney, Peter Gouveia, Anthony Larussa, John Letourneau, Carolyn Massoni, Ray Ross, Barbara Sibley

EX-OFFICIO MEMBERS

Tim Wall, First Vice President, Robert Devaney, Sexton

CENTER STREET CEMETERY ASSOCIATION WALLINGFORD, CONNECTICUT

Acknowledgment of receipt of the Rules and Regulations

I (we) hereby acknowledge that I (we) have received a copy of the Cemetery Rules and

Regulations  and that I (we) will abide by these rules and regulations and any change that may be adopted. I (we) also acknowledge that my (our) questions have all been answered.

Signature(s)  

_________________________________  ____________________________________

_________________________________  ____________________________________

Print name                                                               

Witness

 __________________________________         Date ___________

___________________________________

Print name