About

Riverside Cemetery Association of Brunswick Maine
c/o Brunswick Business Center
18 Pleasant Street, Suite 1919
Brunswick, Maine 04011
Phone: 207-725-5559
E-Mail: [email protected]

Revised as of November 12, 2019

ARTICLE 1: GENERAL

1.1 Purpose: The Riverside Cemetery Association (“Association”) manages Riverside Cemetery (“Cemetery”) in Brunswick, Maine. The Riverside Cemetery Association will maintain and administer this Cemetery as well as to manage the funds established for the benefit of the Cemetery. The Association will work to preserve and protect the Cemetery as a peaceful and beautiful and historic area that serves as a reverent symbol of the citizens’ respect for the deceased. To accomplish these goals, rules and regulations (“Rules and Regulations”) are used to influence the conduct of individuals while they visit the Cemetery. In formulating these Rules and Regulations, a balance of the interests of the various stakeholders (purchasers and owners of rights of interment or inurnment; family, friends, and acquaintances of the deceased buried therein; maintenance workers; and commercial service providers) is taken into consideration. In particular, the Rules and Regulations are based upon a proper fit of the Cemetery in Brunswick, aesthetics of the park-like spaces, the cost of maintaining them, historical preservation, civic pride, and, most important of all, the safety of all who enter this Cemetery. All persons visiting the Cemetery will be expected to abide by these Rules and Regulations.

1.2 Amendment: The Riverside Cemetery Association hereby reserves the right to adopt additional rules and regulations or to amend, alter, or repeal any rule or regulation at any time they deem appropriate. The Trustees also reserve the right to waive or temporarily suspend or modify one or more of these Rules and Regulations in unique situations that may arise in which strict enforcement may result in undue and unfair hardship or other unintended consequence. Such waivers or temporary suspensions or modifications of Rules and Regulations are expected to be very rare, based upon good reasoning and rationale, and not necessarily binding precedent for later situations.

1.3 Reserved Rights: The Association reserves the right to enlarge, reduce, re-plot, or change the boundaries or grading of the Cemetery, or a section or sections thereof, from time to time, including the right to modify or change the location of, or remove or re-grade roads, drives, or walks, or any part thereof. The Association also reserves the right to lay, maintain and operate, or alter or change, pipe lines or gutters for sprinkler systems and drainage purposes and to use Cemetery property, but not inconsistent with Rights of Interment already sold to Grantees, for Cemetery purposes, including interment and inurnment of the dead, or for anything necessary, incidental, or convenient thereto. The Association reserves to itself and to those lawfully entitled thereto, a perpetual right of ingress and egress over burial sites for the purpose of passing to and from other burial sites.

1.4 Access: The Cemetery shall be open to the public seven days per week from one-half hour prior to sunrise to one-half hour after sunset. No individual shall walk across lots or lawn unless it is necessary to gain access to a particular burial site. The Association expressly disclaims responsibility for any property damage or injury sustained by any person violating this rule. Association officials and their agents, maintenance workers, and funeral workers may enter the Cemetery outside of these hours if necessary for the timely completion of their tasks.

1.5 Vehicles: Motor vehicles must stop when meeting a funeral cortege and only resume movement when the procession passes. Maximum speed is five (5) miles per hour. No vehicle may be driven or parked across or upon any burial site or lawn. Parking or leaving any vehicle on any road or drive in such a way as to prevent any other vehicle from passing is prohibited. Commercial vehicles that are not directly involved in the business of the Cemetery are not permitted. Snowmobiles and unregistered motor vehicles such as motor scooters and all-terrain vehicles are prohibited within the Cemetery, except as may be in attendance of funerals.

1.6 Enforcement: Any violation of these Rules and Regulations will be treated as a trespass or nuisance, depending on the violation, and will be referred to the Association or Police Department accordingly. Violation of the Rules and Regulations may also lead to prosecution for violation of federal or state laws. Improper conduct or violation of Rules and Regulations by anyone may result in a request to leave the Cemetery.

1.7 Waste: Individuals who enter the Cemetery must carry out all waste that they create while in the Cemetery. Depositing of waste, rubbish, and debris on the grounds of the Cemetery, or neighboring/adjacent property, is prohibited.

1.8 Functions: The only group functions that are allowed within the Cemetery are funerals, burials, memorial services, and educational tours. Other types of functions are not permitted unless permission is sought and granted by the Association.

1.9 Corrections: The Association reserves, shall have, the right to correct any errors that may be made by it or its agents in making interments, disinterments or removals, or in the description, transfer or conveyance of any Rights of Interment or interment property. Such corrections may include cancelling such conveyance and substituting and conveying in lieu thereof other Rights of Interment or other interment property of equal value and similar location as far as possible, or as may be selected by the Association, or, in the sole discretion of the Association, by refunding the amount of money paid to the Association on account of said conveyance. In the event such error shall involve the interment of the remains of any person in such property, the Association reserves the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.

1.10 Superintendent: The Superintendent(s), chosen by the Association, shall have charge of the grounds and property. The Association reserves the right to make final decisions regarding
the application and enforcement of these Rules and Regulations in accordance with the appeals process set forth in Article 9 herein.

1.11 Losses: Reasonable precautions will be taken to protect Grantees from loss or damage, but the Association will not be responsible for loss or damage from causes beyond their reasonable control; especially from damage caused by the elements, an act of God, common enemy, thieves, vandals, malicious individuals, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the same be direct or collateral.

ARTICLE 2: RIGHTS OF INTERMENT

2.1 Rights: The Cemetery will issue a Right of Interment (“Right”) [right to bury human remains or to bury the ashes of a human being (“cremated remains” or “cremains”), the latter hereinafter referred to as an Inurnment] upon the payment in full of the current price for such rights. Purchase of a Right in no way grants any other rights or privileges to the purchaser, and a Right is subject to these Rules and Regulations. No Right shall be used for any purpose other than the burial or the memorializing of the human dead, or the cremains of the human dead. The statement of any employee or agent of the Association, unless confirmed in writing by an authorized representative of the Association, shall in no way bind the Association.

2.2 Contact: Individuals considering the purchase of a Right should contact an Association Member, who will be responsible for aiding the individual in making the decision to purchase.

2.3 Payment: Complete payment of the purchase price for the Right must be made to the Association before any burial is permitted. No partial payments will be accepted. Upon full payment for the Right, and signing of Grantee Acknowledgement Form, the Riverside Cemetery Association will issue an executed document signifying the granting of the Right. One third of the payment for Rights shall be added to the Association’s Perpetual Care Fund. The principal of the Perpetual Care Fund is nonrefundable and must remain intact in trust in perpetuity for the care of the Cemetery. It shall be invested and a prudent portion of the net income and appreciation from this Fund shall be applied annually by the Association to the operating costs of the Cemetery.

2.4 Grantee: The Grantee is the individual who has purchased the Right, or has inherited the Right from a deceased predecessor Grantee. The Grantee “owns” the rights, but does not own real property, just the right to use one or more specific burial sites in the Cemetery subject to all of the Rules and Regulations as well as applicable laws and ordinances. It shall be the duty of the Grantee (or Grantee’s descendants or assigns) to notify the Association of any change of address or ownership by inheritance. Any purported change in ownership must be supported by adequate evidence to the satisfaction of the Association.

2.5 Descent: The laws of the state of Maine govern the descent of title to Rights. Upon the death of a Grantee, the heirs or devisees of such person should file with the Riverside Cemetery Association proof of ownership for the purpose of correcting the record. Notarized statements as to relationship and certified copies of wills or court decrees (if any) are normally sufficient. The Association shall charge an administrative fee for each descent of title of each burial right (i.e. burial space).

2.6 Repurchase: The Association has no obligation to repurchase Rights from Grantees. Each/every request to repurchase shall be considered by the Association and will be decided on a case-by-case basis. Prior decisions to repurchase or not to repurchase Rights will not have any bearing or influence on any subsequent request to repurchase. If the Association decides to repurchase Rights, it will pay the Grantee no more than the price originally paid by the Grantee for the Right, less the Perpetual Care Fund portion which will be retained in the Perpetual Care Fund.

2.7 Transfer: Attempts by Grantees to transfer rights to other parties will not be recognized by the Association unless the consent of the Riverside Cemetery Association are given, and the transfer is endorsed on a Transfer of Right Form. Such forms are to be obtained from an Association representative. If Perpetual Care was not previously paid for the Right to be transferred, the Perpetual Care Fee at the current rate shall be paid in full prior to issuance of the executed Transfer of Right Form. The Association shall charge an administrative fee for each transfer of each burial right (i.e. burial space).

2.8 Exchanges: The Association may, but is not obligated to, allow exchanges of Rights for different burial sites within its Cemetery. Trustees at the Annual Meeting shall consider requests for such exchanges. If Perpetual Care was not previously paid for the Right to be transferred, the Perpetual Care Fee at the current rate shall be paid in full prior to issuance of the executed Transfer of Right Form. The Association shall charge an administrative fee for each exchange of each burial right (space).

ARTICLE 3: CARE OF BURIAL SITES

3.1 General: The general care of the surface conditions of the Cemetery is the responsibility of the Association and includes cutting the grass, trimming bushes and trees, and raking and cleaning the grounds. The Association does not assume the responsibility for caring for or planting flowers or ornamental plants, or repairing or replacing Monuments or Markers.

3.2 Burial Site: Burial Site is the basic unit of space within the Cemetery used or intended to be used for the burial of human remains. It is also commonly referred to as a single “grave site” or “burial space.”

3.3 Boundary: No burial site shall be defined by a fence, railing, hedge, crypt, or enclosure of any description. Boundaries that existed prior to the adoption of this rule in January, 2018 around burial sites may be maintained as a boundary, but no one is allowed to add to or replace them.

3.4 Artificial Decoration: No artificial decorations of any kind that are considered a hazard in the opinion of the Superintendent will be allowed in the Cemetery.

3.5 Cleanup: The Riverside Cemetery Association shall conduct a fall cleanup and a spring cleanup by the week prior to Memorial Day of every year. Any items of value to the Grantee(s) should be removed by the Grantee prior to the cleanup periods.

3.6 Removal: The Association or Superintendent, or their agent/designee has the right to remove all floral designs, vases, urns, decorations, flowers, shrubs, wreaths, plants, and other materials placed in Cemetery that, in their opinion, become unsightly, dangerous, detrimental, diseased, or that interfere with normal maintenance of the Cemetery.

ARTICLE 4: INTERMENTS AND INURNMENTS

4.1 Timing: The Cemetery shall be open for interments at the discretion of the Riverside Cemetery Association. There shall be no interments permitted following formal winter closure, upon determination by the Association.

4.2 Notice: Reasonable notice (not including Saturdays, Sundays or holidays) must be given to the Association by the funeral or burial service provider, prior to all interments.

4.3 Delay: The Association shall not be responsible or held liable for any costs or damages for any delay in an interment/inurnment due to a written, timely protest to the interment or inurnment by a third party, or where the Rules and Regulations or any law or ordinance has not been complied with. The Association is under no obligation to recognize any protest of an interment or inurnment unless it is in writing and delivered to the Superintendent or the President of the Association.

4.4: Instructions: Prior to the interment or inurnment, Grantees or their heirs or representatives are encouraged to provide the Superintendent a written communication as to the location of the burial. The Association cannot be responsible for a mistake as to the particular space or location in the plot resulting from lack of precise and proper written instructions (for example, mistake caused by any order given by telephone).

4.5: Location: When an interment is to be made, the location of such interment shall be designated by the Grantee of the Right or their representative or agent. Should the Grantee or their representative fail or neglect to make such designation, particularly when the Grantee owns rights in multiple burial sites, the Association reserves the right to make or direct the interment in a location designated by the Superintendent. An individual who presents himself or herself as having the authority of the Grantee for this purpose of locating an internment or inurnment shall certify in writing that they have such authority and accept full responsibility and liability for their actions, and will hold the Association, Superintendent harmless from any liability, including legal costs, on the account of such authority and disposition.

4.6 Grave Liners: In order to maintain a high standard of care and to eliminate sunken graves, all burials must be made using rigid and durable outside containers (commonly known as “vaults”), as approved by the Association. Cremated remains must be also interred in a permanent container approved by the Association.

4.7 Limits: No interment of two (2) or more bodies shall be made in one (1) burial site except in the case of a mother or father and a young child, or two (2) infants buried in one (1) casket (or two (2) caskets if small enough to fit within the burial space); or three (3) cremated remains, or one (1) full burial and two (2) cremations. All interments of multiple bodies/cremains shall be located and made by the Superintendent. No double-depth standard interments will be made.

4.8 Prohibition: Interments and inurnments are to be performed only by individuals or entities approved by the Association. Grantees and other parties not approved are specifically prohibited from performing interments or inurnments. The Association will take all reasonable action to rectify any such prohibited burials and seek damages and costs from violators of this rule. The Association or Superintendent will not be responsible for recording the unauthorized burial, including the identity of the deceased.

4.9 Movement: Monuments and Markers may have to be moved or removed to gain access to burial sites for purposes of interment or inurnment. The Superintendent will restore the moved items to their initial position as soon as time and weather permit.

4.10 Directors: All funeral or burial parties entering Cemetery shall be under the direction of a funeral director licensed by the state of Maine who shall abide by the Rules and Regulations.

4.11 Casket: Once a casket containing a body is within the Cemetery, it shall not be opened except by a licensed funeral director or his or her assistants or on an order signed by a court of competent jurisdiction.

4.12 Fee: The Association will charge an administrative fee for all interments and inurnments.

ARTICLE 5: PLANTS

5.1 Shrubs: No permanent planting of any type will be allowed. The Association may remove such plantings without notice. Shrubs that existed prior to the adoption of this rule in January, 2018 on burial sites may be maintained as long as they do not inhibit the general operation of the cemetery. However, no one is allowed to add to or replace them. Any shrubs removed for burial purposes, obstruction, or any of reason, may not be replaced.

5.2 Trees: Planting of trees on or near burial sites is prohibited, unless under the direction of the Association.

5.3 Burials: Planted materials may have to be removed to gain access to burial sites. The Association and Superintendent are not responsible for damage or losses resulting from removal of plant material during any interment or inurnment process, and is not responsible for replacing them.

5.4 Landscape: The Association will undertake to maintain, to the extent practicable, the planting and pruning of trees and shrubs to preserve the general landscape features of the Cemetery, but will not undertake to maintain individual plantings, or containers of plants.

5.5 Flowers: Any planting of flowering plants is restricted to non-spreading varieties. The Association will not be responsible to replace any flowers destroyed by mowers, etc.

ARTICLE 6: MONUMENTS AND MARKERS

6.1 Definitions: Monument shall mean any above grade level burial site identification object made of stone or stone and bronze. Marker (also commonly called “headstones” or “flush markers or memorials”) shall mean any grade level burial site identification object made of stone or stone and bronze. To keep with the general look of the cemetery all monuments must be of such design as to not take away for the adjacent memorials. All designs must be reviewed and approved by the Superintendent prior to ordering.

6.2 Location: The location of all Monuments and Markers shall be determined and marked out by the Superintendent or his designee at the Grantee’s expense. The Grantee has no authority, either specific or implied, to locate or mark out the Monument or Marker by himself or herself or to cause his or her agent to do so. The Grantee is responsible for any and all costs incurred for remedying any error in their locating a Monument or Marker independently of the Superintendent. All Monuments must have a foundation as specified by the Superintendent. All foundations for Monuments shall be not less than four (4) feet in depth.

6.3 Single Burial Site: A single burial site shall have no more than one (1) Monument and no more than three (3) Markers. The foundation base on a single burial site generally shall be no wider than thirty-two (32) inches. At the discretion of the Superintendent, a Monument or Marker may have a base size of up to seventy-five percent (75%) of the width of the burial Space.

6.4 Multiple Burial Sites: Multiple burial sites that abut each other may have a larger Monument than a single burial site, if approved in advance. The Superintendent has authority to approve applications for such Monuments.

6.5 Repair: Monuments and Markers erected by Grantees shall be maintained in a safe condition by the Grantee (including heirs and assigns), and the repair and replacement of same, after damage from any cause, shall be at the expense of the Grantee. While the primary maintenance responsibility remains with the Grantee; the Association may, at its sole discretion, undertake to clean Monuments and Markers and to resolve safety concerns.

6.6 Selection: The Superintendent must approve all Monuments and Markers based upon durability, safety, aesthetics, quality of workmanship, and installation technique. Grantees should seek the Superintendent’s approval of Monuments and Markers prior to purchasing them.

6.7 Installation: Monuments and Markers may not be installed until all relevant fees and expenses have been paid. The Superintendent must approve all installations.

6.8 Temporary: Temporary Markers may remain on a burial site for up to 120 days of an internment or inurnment. The Superintendent may remove such markers at the end of this period if the Grantee fails to do so. If a Monument or Marker is on order by the end of the 120-day period, the Superintendent will allow the Temporary Marker to remain.

ARTICLE 7: DISINTERNMENTS

7.1 Law: Disinterments are governed by Title 22, Section 2843, M.R.S.A. A permit for disinterment or removal of a dead human body must be obtained from Riverside Cemetery Association.

7.2 Fee: Cost of the disinterment shall be the responsibility of the party causing or seeking the disinterment. The Association may charge an administrative fee at the discretion of the Superintendent.

7.3 Opening: The Superintendent will allow and observe the opening of a grave upon showing, to his or her satisfaction, of requisite identification, authorization documentation and permit. In all disinterment cases, the responsibility of the Association shall be limited to identifying the grave only and the actual disinterment must be made by the person authorized to do so.

ARTICLE 8: RULES OF CONDUCT

8.1 Mischief: No person shall destroy, mutilate, deface, injure or remove any Monument, Marker, gravestone, fence, railing, other structure, plant, or other Association properties within the Cemetery.

8.2 Dogs: Dogs will not be permitted at Riverside Cemetery.

8.3 Insurance: All commercial service providers entering the Cemetery to perform services or deliver commercial products must have liability and workers’ compensation coverage consistent with the Association’s requirements and present proof of insurance to the Association. The Riverside Cemetery Association shall maintain a file of such proof of insurance and update it annually.

8.4 Prohibited: Some articles are considered injurious to the beauty and dignity of the Cemetery, can create safety hazards, and reduce the peaceful ambiance therein. The following objects are not permitted in the Cemetery:
• Breakable items
• Unsightly items
• Eternal flames or any open flames
• Electric powered light sources including solar powered lights, lanterns, and candles
• Weapons, except those used by honor guards or in military funerals or carried by law enforcement officers consistent with their policies and procedures.

8.5 Substance: No person shall be in possession of or consume any alcoholic beverage or illegal substance within the Cemetery.

8.6 Peace: No person shall behave in a loud, indecent, or disorderly manner in the Cemetery or create any unnecessary disturbance therein. It is of the utmost importance that there be a strict observance of the proprieties in the Cemetery. The discharge of firearms or fireworks therein is strictly prohibited. This is not to be construed as prohibiting ceremonial discharges with blank charges by properly supervised honor guards or as a tribute to a deceased person if such ceremonial undertaking has been previously scheduled with the Superintendent.

8.7 Dignity: Picnics, horseplay, games, contests, sports activities, or any similar activity or gathering not in keeping with the purpose and dignity of a Cemetery are prohibited.

8.9 Horses: Horses are prohibited from the Cemetery except for the purpose of funeral, ceremonial, or memorial functions. Owners are responsible for cleaning up after their horses.

ARTICLE 9: APPEALS

9.1 Authority: Grantees wishing to address concerns may contact the Riverside Cemetery Association either by phone or in writing. The Association and its Superintendent are vested with the supervision of the Cemetery grounds, property and visitors, as well as Contractors hired to work within the Cemetery.