SECTION 1.      LOT SALES

A. All lots in Batavia Cemetery are sold in accordance with the provisions of the laws of the State of New York and shall not be used for any other purposes than as a burial place for deceased human beings and their cremated pets.
B. The full purchase price must be paid before a Deed will be given, or before burial shall be allowed on the lot
C. Lots for prospective buyers will be held only 60 days, unless payments are being made. Lots may be purchased on time with a down payment of $50.00 per lot, to be paid in full within one year. A contract will be made between Batavia Cemetery Association and the buyer.

SECTION 2.      TRANSFER OF LOTS

A. No lots will be transferred except as provided in Not-For-Profit Corporation Law (N-PCL Section 1513), and only with permission from the Board of Directors of Batavia Cemetery Association.
B. Lot owners are prohibited from allowing interments to be made on their lots for compensation.

SECTION 3.       INTERMENTS

A. No interment shall be allowed without a duly issued permit, pursuant to Public Health Law Section 4144, providing the following information: Name of deceased; age of deceased; including date of birth, if known; place of birth of deceased, if known, date of death; time and date of interment; if not an adult, the names of parent(s) or legal guardians(s), of deceased.
B. Interments in a lot are restricted to those entitled to burial therein according to the terms of NPCL Section 1512. Permission for burial of decedents not entitled to burial according to that Section must be filed by the lot owner(s)with the Batavia Cemetery Association.
C. Location of all graves must be specifically designated. Batavia Cemetery Association is not responsible for errors resulting from telephone orders. Cemetery must be notified as far as possible in advance of interment. (At least 24 hours advance notice is required. Any order for interment on a Monday must be received by 6:00 P.M. of the preceding Saturday.)
D. Sunday or holiday interments will be regulated by New York State Cemetery Board Directives 201.8 and 201.12.
E. On the following days of the year, no interments will be performed except by special arrangement, when deemed necessary by unusual circumstances: (1) New Year’s Day; (2) Easter Sunday; (3) Memorial Day; (4) July 4; (5) Labor Day; (6) Thanksgiving Day; (7) Christmas Day. Interment will be permitted until noon on the day prior to New Year’s Day and until noon on the day prior to Christmas Day, when that day is not on a Sunday.
F. Concrete vaults or concrete grave liners will be required for interments in all graves purchased on or after July 27, 1989, in accordance with the provisions of New York State Cemetery Board Directive 201.6.
G. The interment of cremated remains will be permitted only in appropriate rigid receptacles such as wood, metal, plastic or concrete. Cremated remains may not be scattered in any part of the cemetery.
H. Two (2) burials per grave shall be allowed provided one is a cremation or an infant with a vault size under thirty (30) inches.
I. Three (3) cremations per grave shall be allowed.

SECTION 4.      INTERMENT OF CREMATED DOMESTIC PETS

A. All interments of cremated domestic pets are subject to the Rules and Regulations, shall also be subject to all the laws, ordinances, or requirement of the State of New York, County of Genesee, and City of Batavia.
B. Interment of cremated domestic pets shall be permitted subject to the following conditions:
1. A Pet Disposal Form or other certificate issued by the pet crematory must be submitted to the Cemetery at the time of interment.
2. Interment of cremated domestic pets shall be permitted only when the interment is incidental to the interment of human remains.
3. Interment of cremated domestic pets shall be permitted in full size single graves in all sections and are subject to burial charges unless the burial takes place at the same time as that of a human, in which case there will be no charge in addition to the human burial fee.
4. Interment of cremated domestic pets that have been placed in a casket containing human remains shall be permitted.
5. Scattering of a cremated domestic pet is not permitted.
C. All interments of cremated domestic pets must be made at a time and in a manner scheduled and approved solely by the Cemetery. In the event that there is a scheduling conflict between the interment of a cremated domestic pet and the interment of a human, the human interment shall take precedence.
D. No interment of cremated domestic pets shall be permitted on New Year’s Day, Easter Sunday, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day, except in situations when a simultaneous interment of a human will occur due to religious necessity, if prior arrangements have been made with the Cemetery. If such interment is required on a Saturday or Sunday that falls on days other than the holidays specified above, such interment shall be permitted upon payment of the New York State Division of Cemeteries approved additional charges for human interment in effect on the date of the interment.
E. Interment of a cremated domestic pet may take place only in the following instances:
1. When requested by the original lot owner of the burial space, or
2. In the event that the original lot owner is deceased, when requested by the original lot owner’s surviving spouse, and the cremated domestic pet was owned by the deceased lot      owner; or
3. In the event that the original lot owner is deceased and is not survived by a spouse, when requested by the descendants of the deceased lot owner, and the cremated domestic pet   was owned by the deceased lot owner. Other than in this specific circumstance descendants and heirs of an original lot owner may not request interment of a cremated            domestic pet.
F. The Cemetery shall not be held responsible for the execution of any order for interment of a cremated domestic pet given by telephone, unless it has been confirmed in advance in writing, or in an interment order prepared by the Cemetery and signed by the lot owner and owner of the cremated domestic pet. The Cemetery shall not be held responsible for any error occurring from the lack of the receipt of precise and proper instructions pertaining to such interment. Interment orders may be submitted via email or fax. However, the Cemetery shall not be held responsible for the execution of any order submitted via email or fax unless the Cemetery has acknowledged receipt of the email or fax in advance of the interment.
G. If for any reason the interment space cannot be opened where specified, the Cemetery may, at its discretion, open the interment space in such other location in the same lot, as is deemed best and proper to avoid delaying the interment, and the Cemetery shall not be liable for payment of damages for such action or for any error that might develop therefrom.
H. The Cemetery reserves the right to refuse interment of a cremated domestic pet, and to refuse to open any burial space for that purpose except on written application prepared on forms provided by the Cemetery, and duly filed with the Cemetery.
I. The Cemetery requires that for every in-ground interment of a cremated domestic pet, if the cremated domestic pet remains are not placed into a casket with human remains, they must be placed in appropriate, rigid receptacles such as wood, metal, plastic or concrete. Remains of a cremated domestic pet shall not be scattered in any part of the Cemetery. In the event that the cremated domestic pet has been placed in a casket containing human remains, the interment must be documented separately.
J. No interment of a cremated domestic pet shall be permitted in any grave until all charges for such grave are fully paid.
K. Lot owners are reminded to consider future interments when designing a memorial when both humans and cremated domestic pets are to be interred. Options for memorialization of cremated domestic pets may include one of the following:
1. No memorialization of the cremated domestic pet, or
2. Placement of a bronze memorial medallion or a steel or ceramic photo on an existing monument, with the written authorization of the owner of the monument, or
3. Placement of a marble, granite or bronze memorial, subject to the same privileges and requirements as provided in Section 8.
L. Interment of a cremated domestic pet shall be recorded in the Cemetery’s permanent record in the same manner as interment of human remains.

SECTION 5.      DISINTERMENTS

A. Disinterments will be allowed between June and September of each year provided the provisions of Not-For-Profit Corporation Law Section 1520(e) are complied with.
B. Disinterment of a cremated domestic pet shall be permitted only as requested by the lot owner who originally requested the interment of the cremated domestic pet, or by court order, and shall be recorded in the same manner as the disinterment of cremated human remains.

SECTION 6.      FUNERALS

A. Funerals must be at the Cemetery by 4:30 P.M. in order that workmen will have sufficient time to properly close the grave and remove equipment by 5:30 P.M.
B. All funerals, processions and vehicle will be under control of the Cemetery Board while on Cemetery grounds.

SECTION 7.      FOUNDATIONS

A. All foundations will be constructed under the direction of Batavia Cemetery Association.
B. Foundation orders prior to April 15th of each year will be in by Memorial Day of that year. No orders will be accepted after October 15th for installation of foundations that year.

SECTION 8.      MONUMENTS

A. No monuments or markers shall be permitted that utilize colors other that those of natural stone.
B. Only one (1) monument shall be allowed on a lot and it shall be set in accordance with the general plan of the Cemetery and shall conform with said plan in size and material unless authorized by the Board of Directors. This shall not apply to markers provided by the United States Government.
C. The bases of all monuments shall be finished true and level so as to fit on foundations without wedging or sprawls.
D. No monument will be allowed delivery in the Cemetery until the foundation is installed and ready to receive the monument. Monument companies will be notified when foundations are ready for delivery of monuments or stones.
E. All monuments or markers must be constructed of marble, granite or bronze. No monuments or stones will be set until the ground and drives are settled.

SECTION 9.      MAUSOLEUMS

A. The Board of Directors will not approve construction of a mausoleum unless a sufficient endowment is established to provide adequate income to maintain the structure.
B. No vault or mausoleum shall be built above ground without the permission of the Board of Directors and then in only such locations as the Board of Directors may specifically approve.

SECTION 10.      VISITING THE CEMETERY

A. All persons shall be allowed access to the Cemetery during daylight hours, weather permitting, observing the rules that are in effect, and propriety due a cemetery.

SECTION 11.      ORNAMENTATION OF LOTS

A. Batavia Cemetery Association reserves the right to restrict all plantings. Plantings must be approved by the Cemetery Association in advance, and may be placed only on one or both sides of headstones. There shall be no in ground plantings either in front of, or behind monuments. Batavia Cemetery Association may remove any plantings which are deemed to interfere with cemetery maintenance, after due notice to the low owner per N-PCL Section 1510(h).
B. The Cemetery reserves the right to remove any embellishment, effigy or inscription on the lot which, in the opinion of the majority of the Directors is unsightly, offensive or which interferes with cemetery maintenance, after due notice to the low owner per N-PCL Section 1510(h).
C. The Cemetery Board reserves the right to remove all flowers wreaths or other decorations from lots at such times as they become unsightly.
D. Placing of glass blocks or glass vases as receptacles for flowers, either artificial or natural, on graves or plots, is prohibited.

SECTION 12.      NOT ALLOWED

A. Dogs are not allowed on cemetery grounds unless they are service animals.
B. All terrain vehicles are forbidden to be operated in the Cemetery.
C. Heavy trucking or other vehicular traffic shall be refused entrance to the Cemetery when, in the opinion of the Board of Directors injury to roads and driveways might result.

SECTION 13.      MISCELLANEOUS

A. All rubbish and discarded flowers to be placed in containers provided by the Cemetery.
B. All plants and flowers are to be removed by October 15^th of each year. All Christmas wreaths are to be removed by April 2nd
C. Lot owners are required to notify the Cemetery of any change in address. All notices required to be sent shall be sent to the last known address and such notice shall be deemed adequate.
D. All work done in the Batavia Cemetery, especially that involving the use of power equipment, shall be done at the direction of the Board of Directors.

SECTION 14.      AMENDMENTS

A. Rules and Regulations may be amended by the Board of Directors, and will be effective when approved by the New York State Cemetery Board.
B. All prices are subject to change from time to time, subject to approval of the New York State Cemetery Board.

The preceding Rules and Regulations were adopted by the Board of Directors of Batavia Cemetery Association at a regular meeting of the Board of Directors on September 31, 2017, and were approved by the New York State Division of Cemeteries on June 14, 2018.