Rules
Hebrew Rest Cemetery Association, Inc.
Rules and Regulations
The Board of Commissioners of Hebrew Rest Cemetery Association, Inc. hereby adopts the following rules and regulations for the management and conduct of Hebrew Rest Cemeteries Numbers 1, 2, and 3 and Dispersed of Judah Cemetery, this 10th day of April, 2020.
Definitions
"Association" means the Hebrew Rest Cemetery Association, Inc.
"Board" means the Board of Commissioners of the Association.
"Cemeteries" means, together, Hebrew Rest Cemetery Number 1, Hebrew Rest Cemetery Number 2, Hebrew Rest Cemetery Number 3, and Dispersed of Judah Cemetery.
"Cemetery Space" means a grave, mausoleum crypt or niche, or urn garden niche in any of the Cemeteries.
"Executive Director" means the Executive Director of the Association.
"Member" means either (a) a person who is and has been for at least one year a synagogue member in good standing as reflected in the records of either Touro Synagogue or Congregation Temple Sinai or (b) a person whose remains are intended for interment who had been for at least one year a synagogue member in good standing as reflected in the records of either Touro Synagouge or Congregation Temple Sinai.
"Purchase" and "Sale" mean the purchase and sale of only the right of interment in a Cemetery Space; the Association retains ownership of all Cemetery Spaces.
"Remains" means the body of a deceased person and includes the body in any stage of decomposition, as well as cremated remains.
Rules and Regulations
1. The Cemeteries principally are, and shall be in perpetuity, places for the
interment of the remains of Jewish persons. Accordingly:
(a) No religious service or ritual other than a Jewish service or ritual is permitted in the Cemeteries.
(b) No religious symbol other than a Jewish symbol may be displayed in any way on any Cemetery Space or monument or anywhere else in the Cemeteries.\
(c) Interment in the Cemeteries of the remains of a non-Jewish person who had a close personal relationship with a Jewish person is permitted; nevertheless, compliance with Paragraphs 1 (a) and (b) above is required.
2. The holder of a right of interment may identify for interment in the applicable Cemetery Space the remains of any human being but may not transfer such right, except in accordance with Paragraph 3 below.
3. Except as herein otherwise provided, every right of interment and Cemetery Space shall be subject to the laws of Louisiana pertaining to community property, inheritance, including but not limited to the laws of intestacy, donations inter vivos and mortis causa, and successions. A right of interment is not otherwise transferable, except by transfer back to the Association for the price originally paid as reflected in the records of the Association.
4. The Cemeteries are closed to visitors on Saturdays and Jewish holidays.
5. The Board may establish from time to time a two-tiered schedule of prices for the Purchase and Sale of Cemetery Spaces. One tier may apply to Purchases by or for Members; the other tier may apply to Purchases by or for persons who are not Members.
6. The Board may establish from time to time one schedule of burial fees applicable at the time of interment to the work that is necessary and appropriate to accomplish the interment of second or additional remains in a Cemetery Space, provided that, in the judgment of the Executive Director, adequate room exists in the applicable Cemetery Space.
7. No interment shall be permitted until the full sales price for the Cemetery Space and the burial fees, if any, have been paid to the Association or suitable payment arrangements have been made. Should two or more years elapse after the signing of the sales agreement without payment of the sales price in full, the Board, without notice, may rescind the Purchase and Sale and return that portion of the sales price that has been paid. The Board will attempt to give notice at the last address of the holder of a right of interment as reflected in the records of the Association but is not required to do so.
8. Each grave in Hebrew Rest Cemetery No. 3 in which remains are buried shall be marked by a headstone that shall not exceed the following specifications:
(a) Single Granite Monuments
Size: 30" wide x 10" deep x 18" tall (no taller than 22")
Installed on a foundation that is poured in place with a post hole on each end of the foundation. Structural highway mesh or a minimum of 1/2" reinforcing rods are to be used. Concrete to be poured at a minimum of 4,000 psi.
Dowel pins drilled into sidewalk that attach to foundation. Foundation thickness minimum 4" thick
(b) Double Granite Monuments
Size: 60" wide x 10" deep x 18" tall (no taller than 22")
Installed on a foundation that is poured in place with a post hole on each end of the foundation. Structural highway mesh or a minimum of 1/2" reinforcing rods are to be used. Concrete to be poured at a minimum of 4,000 psi.
Dowel pins drilled into sidewalk that would attach to foundation. Foundation thickness minimum 4" thick.
(c) Triple Granite Monuments
Size: 90" wide x 10" deep x 18" tall (no taller than 22")
Installed on a foundation that is poured in place with a post hole on each end of the foundation. Structural highway mesh or a minimum of 1/2" reinforcing rods are to be used. Concrete to be poured at a minimum of 4,000 psi.
Dowel pins drilled into sidewalk that would attach to foundation. Foundation thickness minimum 4" thick.
(d) No deviation from the specifications in 8(a)-(c) above will be allowed without the advance, written approval of the Executive Director.
9. Perpetual Care includes cutting and trimming grass on a grave, refilling earth at a grave as necessary, cleaning walks and areas surrounding a grave, and disposing of flowers and litter. Perpetual Care does not include cleaning and repairing of headstones and monuments. Perpetual Care is included in each Purchase and Sale.
10. No work, including cleaning of any monument, may be performed in the Cemeteries by any contractor or individual without the advance written approval of the Executive Director. Each contractor shall provide proof of workers' compensation insurance and general liability insurance naming the Association as an additional insured. All persons performing work in the Cemeteries shall consult the Executive Director for specific instructions concerning their particular projects and shall implement such instructions. In the event that any person does not comply with the provisions of this paragraph, regardless of any approval previously given, the Executive Director may cause such person to cease work and vacate the Cemeteries. Any person performing work in the Cemeteries shall be held responsible for any damage caused in the Cemeteries by such person. Any person performing work in the Cemeteries shall remove all trash, debris, and other such items promptly at the conclusion of such work.
11. No tree or shrub may be planted in any Cemetery Space. No copings are permitted in Hebrew Rest Cemetery Number 3.
12. The Board shall have 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 an interment, disinterment or removal, or the description, transfer, granting the right of use or conveyance of a Cemetery Space, and in this connection, the Board shall have the right to substitute, grant the right of use, or convey, in order to correct any such errors, other interment rights, approximately equal in value and location as far as feasible, as selected by the Board; or, in the sole discretion of the Board, the correction of an error may be accomplished by the refunding of the amount of money paid on account of the acquisition or use of a Cemetery Space. If an error involves an interment, the Board shall have the right to remove and transfer the remains that are involved
13. The Board reserves right to change, alter or amend these rules and regulations as it deems necessary.
14. The provisions of these rules and regulations shall be applied to all Cemetery Spaces heretofore assigned and not yet used, as well as all Cemetery Spaces hereafter assigned.
15. The Executive Director, in consultation with the President of the Association or a designee of the President of the Association, shall interpret and carry out the foregoing rules in furtherance of the purpose of the Association as specified in its Articles of Incorporation and in furtherance of maintaining the Cemeteries as Jewish cemeteries in perpetuity.