RULES | Good Shepherd Garden

RULES AND REGULATIONS CONCERNING THE COLUMBARIUM

These Rules and Regulations are hereby adopted to govern the administration and management of the Saint Charles Borromeo Columbarium located at 5049 W. Caldwell Avenue, Visalia, California. All rights of interment in all niches located at the Columbarium shall be subject to these Rules and Regulations and subject, further, to any amendments or modifications made to these Rules and Regulations which may be adopted by the Columbarium Authority or its successors in interest. These Rules and Regulations shall be binding upon all owners of any niche, all holders of a right to interment and any of their respective heirs, beneficiaries, successors in interest, executors, administrators, personal representatives, or assigns.

Saint Charles Borromeo Columbarium is owned by the Roman Catholic Bishop of the Diocese of
Fresno, a corporation sole, and is operated according to the laws, rules, regulations and discipline of the Roman Catholic Church and the Roman Catholic Diocese of Fresno. For information, the Columbarium, as a religiously owned cemetery, is exempt from various California state laws and regulations which may affect other cemeteries. The inclusion of any provisions not otherwise
required of the Columbarium is not an election to become subject to the laws and regulations from which the Columbarium is exempt.

The NICHE OWNER has entered into a separate written Agreement Of Purchase And Sale Of Right Of Interment with the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA. This separate written agreement identifies both the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT and also incorporates by reference all of the provisions of these Rules And Regulations.

The COLUMBARIUM AUTHORITY is identified herein as the acting Pastor of the Good Shepherd Catholic Parish of Visalia, California. The COLUMBARIUM AUTHORITY is the designated agent of the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA authorized to perform all duties on its behalf under the terms of the separate written Agreement Of Purchase And Sale Of Right Of Interment. At all times, COLUMBARIUM AUTHORITY is subject to the supervision and instruction of the Roman Catholic Bishop of the Diocese of Fresno who at all times has superseding authority.

SECTION 1
DEFINITIONS

COLUMBARIUM AUTHORITY shall mean the acting Pastor of the Good Shepherd Catholic Parish of Visalia, California, or his successor in interest, who shall serve as the sole authority and judge of any question of interpretation or application of these Rules and Regulations and his interpretation and application of the same shall be final and conclusive.
COLUMBARIUM shall mean the Saint Charles Columbarium located at 5049 W. Caldwell Avenue, Visalia, California.
NICHE shall mean a space in the COLUMBARIUM used, or intended to be used, for placement of cremated human remains.
NICHE OWNER shall mean any person(s) of record in the office of the COLUMBARIUM AUTHORITY who holds ownership of a NICHE.
HOLDER OF RIGHT TO INTERMENT shall mean any person(s) of record in office of the COLUMBARIUM AUTHORITY who holds the right to the use of a NICHE for the placement of cremated human remains.
INTERMENT shall mean the placement of cremated human remains in a NICHE.
MEMORIAL includes a monument, marker, tablet, urn and NICHE faceplate.

SECTION 2.
GENERAL SUPERVISION OF COLUMBARIUM

RULE 1.1. ADMISSION TO COLUMBARIUM. The COLUMBARIUM AUTHORITY reserves the right to require all persons coming to the COLUMBARIUM to present proper identification for examination and also reserves the right to refuse admission to anyone who is not a NICHE OWNER, HOLDER OF RIGHT TO INTERMENT or a relative of a deceased person whose remains have been placed in a NICHE. The COLUMBARIUM AUTHORITY also reserves the right to refuse admission to any person or person(s) whom the COLUMBARIUM AUTHORITY deems to be objectionable to the best interests of the COLUMBARIUM.

RULE 1.2. SCHEDULE OF ACCESS. The COLUMBARIUM AUTHORITY is located at 5049 W. Caldwell Avenue, Visalia, California and is within the fenced confines of the church property of Saint Charles Borromeo Catholic Church. Accordingly, the COLUMBARIUM AUTHORITY shall have the right to establish the schedule for visits to the COLUMBARIUM and to change the schedule without advance notice to anyone, so as to coordinate the visits with other activities conducted on the church property and to ensure the security of the church property. All interested parties are advised to confirm the applicable schedule for visits before coming to the COLUMBARIUM.

RULE 1.3. SUPERVISION AND CONTROL OF FUNERALS AND OTHER CEREMONIES. All funerals and other ceremonies held at the COLUMBARIUM shall be under the supervision and control of the COLUMBARIUM AUTHORITY and subject to the schedule determined by the COLUMBARIUM AUTHORITY.

RULE 1.4. AGENTS OF COLUMBARIUM AUTHORITY. The COLUMBARIUM AUTHORITY reserves the right to designate such person(s) or committees as he shall determine appropriate to exercise his authority in his place.

SECTION 3
INTERMENTS AND REMOVALS

RULE 2.1. SUBJECT TO LAWS. All placement of cremated human remains in a NICHE and all removals of cremated remains from a NICHE shall be subject to Roman Catholic Canon Law, these Rules and Regulations and to such orders and laws of the properly constituted city, county and state authorities from which the COLUMBARIUM AUTHORITY is not exempt.

RULE 2.2 USE OF NICHE RESTRICTED TO CERTAIN DECEDENTS. Only the remains of the following persons may be placed in a NICHE. The Holder Of The Right Of Interment, the spouse of the Holder Of The Right Of Interment or a family member of the Holder Of The Right Of Interment. It is not the intention to restrict interment to decedents who are Roman Catholics. However, all interments shall be conducted in accordance with the rules and traditions of the Roman Catholic Church because the COLUMBARIUM is located adjacent to a sanctified church.

RULE 2.3. TIMES AND CHARGES. All INTERMENTS and removals of cremated remains must be made at a time approved in advance by the COLUMBARIUM AUTHORITY and subject to the advance payment of all applicable charges as fixed by the COLUMBARIUM AUTHORITY.

RULE 2.4. HOLIDAYS. No INTERMENT or removal shall be permitted on Sundays, or on any of the following holidays: New Years Day, Martin Luther King, Jr. Day, President’s Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

RULE 2.5. NOTICE. At least Seventy-Two (72) Hours’ advance notice must be given to the COLUMBARIUM AUTHORITY prior to any INTERMENT. At least Seven (7) days advance notice must be given to the COLUMBARIUM AUTHORITY before the removal of any cremated remains from any NICHE.

RULE 2.6. AUTHORIZATION FOR INTERMENT OR REMOVAL. The cremated remains of a deceased human being may only be interred in a NICHE or removed from a NICHE upon written instructions and with an updated Tulare County Application And Permit For Disposition Of Human Remains from a person legally authorized by applicable law to give such instructions.

RULE 2.7. AUTHORITY TO DIRECT DISPOSITION OF CREMATED REMAINS. The hierarchy of the right to control the disposition of the remains of a deceased person is clearly stated in California Health And Safety Code Section 7100. For complete guidelines, reference is made to this Code Section. A copy of the Code Section is maintained in the office of the COLUMBARIUM AUTHORITY. The COLUMBARIUM AUTHORITY, the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA, and the ROMAN CATHOLIC BISHOP OF THE DIOCESE OF FRESNO are not responsible or liable in the event that an individual misrepresents his or her duty or authority to inter the remains of a human being in a NICHE or to remove the remains from a NICHE. In summary, the hierarchy is as follows:

(a) If the decedent had previously directed in writing the disposition of his or her remains, and there is no statement to the contrary signed and dated by the decedent, then the direction must be followed by the COLUMBARIUM AUTHORITY. In the absence of a written, signed directive, then the responsibility falls as follows in the following order of priority.

(b) The decedent’s competent surviving spouse; then

(c) The sole surviving competent adult child of the decedent. If there is more than one surviving competent adult child, then the majority of all surviving competent adult children; then

(d) The decedent’s surviving competent parent or parents; then

(e) The surviving competent adult person or persons respectively in the next degree of kindred to the decedent; then

(f) The public administrator.

RULE 2.8. USE OF PROPER URN. The cremated remains must be received for interment in an urn in substance and design and with such inscriptions which are consistent with the rules and traditions of the Roman Catholic Church concerning the dignity and respect given to the remains of deceased Roman Catholics. The nature and design of all urns, and all inscriptions placed on all urns, are subject to advance approval by the COLUMBARIUM AUTHORITY.

RULE 2.9 NO TEMPORARY HOLDING OF CREMATED REMAINS PENDING INTERMENT. The Authorization To Cremate must state the disposition of the cremated remains. The COLUMBARIUM AUTHORITY will not hold possession or custody of the cremated remains for later interment. The cremated remains may only be delivered to the COLUMBARIUM on the day scheduled for interment, and as close as possible to the specific time scheduled for interment. The COLUMBARIUM AUTHORITY shall have no duty or responsibility whatsoever to hold or guard the cremated remains at any time prior to the actual placement of the remains in the NICHE.

RULE 2.10. NO LIABILITY FOR ERRORS AND ERRORS MAY BE CORRECTED. The COLUMBARIUM AUTHORITY reserves, and shall have the right, to correct any errors that may be made by it in connection with any interments or removals, in the description, transfer or conveyance of any cremated remains. No INTERMENT shall be made in the COLUMBARIUM unless appropriate documentation and information is provided to the COLUMBARIUM AUTHORITY which confirms the identity of the decedent, the right of the decedent to have his/her remains placed in a NICHE and the description of the specific NICHE to hold the remains. The COLUMBARIUM AUTHORITY reserves the right to move the cremated remains from any NICHE used in error to a correct NICHE. The COLUMBARIUM AUTHORITY shall have the right to correct any errors in the placement of the Granite Shutter on an incorrect NICHE. The COLUMBARIUM AUTHORITY shall not have any liability whatsoever for such errors.

RULE 2.11. ERRORS IN INFORMATION STATED ON THE GRANITE SHUTTER OF NICHE. The COLUMBARIUM AUTHORITY will not supply or design any urn or Granite Shutter. Accordingly, the COLUMBARIUM AUTHORITY shall have no liability or responsibility whatsoever for any errors made by including any incorrect or improper information inscription or design on the Granite Shutter or urn, including without limitation any misspellings, incorrect name or dates.

RULE 2.12 DELAYS OR INTERRUPTIONS. The COLUMBARIUM AUTHORITY shall in no way be liable for any delay or interruption of an INTERMENT where a protest to the INTERMENT has been made, or where these Rules and Regulations have not been complied with, or because of strikes, the elements, acts of God, common enemy, thieves, vandals, malicious mischief makers, explosions, unavoidable accidents, or invasions. The COLUMBARIUM AUTHORITY reserves the right under such circumstances to refuse delivery of the cremated remains to the COLUMBARIUM and/or to return the cremated remains to the appropriate person or persons. The COLUMBARIUM AUTHORITY may require any protest to any INTERMENT to be in writing and filed in the office of the COLUMBARIUM AUTHORITY.

RULE 2.13. NOT RESPONSIBLE FOR PERMIT OR IDENTITY. The COLUMBARIUM AUTHORITY shall not be liable or responsible for any permits required for interment nor for confirming the identity of the person whose remains are sought to be interred.

RULE 2.14. NO INTERMENT UNLESS ALL CHARGES PAID IN FULL. No interment shall be permitted, nor shall any inscription on any Granite Shutter be affixed to any NICHE unless and until payment in full is made for the purchase of the NICHE and the right of interment and for all other applicable charges.

RULE 2.15 NO RESPONSIBILITY FOR THE COST OF INTERMENT. The COLUMBARIUM AUTHORITY shall have no responsibility or liability whatsoever for the costs of cremation, the costs of any urn, the costs of any Granite Shutter affixed to the NICHE, the costs of any inscription on the Granite Shutter, any funeral or committal service or any other costs associated with the interment.

RULE 2.16. INTERMENT LIMITED TO TWO (2) DECEDENTS IN A NICHE. No more than the cremated remains of two (2) human beings may be placed in any one NICHE. The cremated remains or the two (2) human beings must be segregated into two (2) separate urns and there can be no commingling of the remains.

RULE 2.17. REMOVAL FOR PROFIT PROHIBITED. Removal by the heirs of a deceased person whose cremated remains have been placed in a NICHE so that the NICHE may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the HOLDER OF RIGHT TO INTERMENT is repugnant to the ordinary sense of decency and it absolutely forbidden.

RULE 2.18. CHANGE OF LOCATION. The cremated remains may be removed from an original NICHE to a different location upon the written authorization of the person or persons with legal authority to complete such change of location. In such circumstances, the COLUMBARIUM AUTHORITY may in his sole discretion elect to cancel all rights of the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT to the use of the original NICHE by reimbursing that portion of the purchase price paid for the original NICHE which is in excess of Fifteen Percent (15.00%) of the total purchase price paid. However, no reimbursement of any monies paid for the original NICHE shall be made unless and until the original NICHE has been sold to a new OWNER at a price determined solely by the COLUMBARIUM AUTHORITY. The COLUMBARIUM AUTHORITY shall retain the sum calculated as Fifteen Percent (15.00%) of the original purchase price paid for the NICHE as a cost of administration.

RULE 2.19. CARE IN REMOVAL. The COLUMBARIUM AUTHORITY shall assume no responsibility or liability whatsoever for any damage to an urn or Granite Shutter in connection with the removal of the cremated remains from any NICHE, or for the loss of any cremated remains, arising out of the removal of any cremated remains from any NICHE.

SECTION 4

TRANSFERS OR ASSIGNMENTS

RULE 3.1 RIGHT TO ASSIGN NICHE OWNERSHIP OR A HOLDER’S RIGHT TO INTERMENT. Except at the sole discretion of the COLUMBARIUM AUTHORITY and agreed to in writing, neither the NICHE OWNER nor the HOLDER OF RIGHT TO INTERMENT may make any assignment, either voluntarily or involuntarily, of any right to the use of any NICHE. The COLUMBARIUM AUTHORITY shall have no obligation whatsoever to consent to any such assignment in any event.

RULE 3.2. RIGHT TO SELL NICHE OWNERSHIP OR A HOLDER’S RIGHT TO INTERMENT. The use of a NICHE is intended for the HOLDER OF RIGHT TO INTERMENT or his or her immediate family members for interment purposes and not for resale or profit. Accordingly, in no event shall the NICHE OWNER or the HOLDER OF RIGHT TO INTERMENT have any right to sell, exchange, or in any manner dispose of the ownership of the NICHE or the RIGHT OF INTERMENT except as otherwise specifically provided in these Rules And Regulations.

SECTION 5

RETURN/ CANCELLATION OF NICHE OWNERSHIP AND HOLDER’S RIGHT TO INTERMENT

RULE 4.1. OPTION OF THE COLUMBARIUM AUTHORITY TO CANCEL NICHE OWNERSHIP; AND HOLDER’S RIGHT OF INTERMENT. If at any time the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA or its successor in interest is unable to fulfil its legal obligations to the NICHE OWNER or to the HOLDER OF RIGHT TO INTERMENT concerning the use of a NICHE due to governmental regulation, insurrection, riot, war, any action by military or civil authority, order of a court, or any other unforeseen contingency, or because of mistake, misrepresentation, or fraud in the securing of the NICHE OWNERSHIP or the HOLDER’S RIGHT OF INTERMENT, then the COLUMBARIUM AUTHORITY shall have the right to return to the NICHE OWNER and/or to the HOLDER OF RIGHT TO INTERMENT all monies that have been paid for ownership of the NICHE and the RIGHT TO INTERMENT. All agreements and legal obligations shall thereupon become null and void. In any such event, the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA, the ROMAN CATHOLIC BISHOP OF THE DIOCESE OF FRESNO and their respective successor and assigns shall not be liable to the NICHE OWNER or to the HOLDER OF THE RIGHT OF INTERMENT or to their respective heirs executors, administrators, successors or assigns, for any damages, whether direct, consequential, indirect or otherwise, incurred by such persons as a result of the inability of the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA, or the COLUMBARIUM AUTHORITY, or their respective successors and assigns to fulfill any agreement to provide any use of a NICHE in the COLUMBARIUM.

RULE 4.2. CANCELLATION OF NICHE OWNERSHIP AND HOLDER’S RIGHT TO THE INTERMENT BEFORE USE OF NICHE. In the event that both the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT wish to cancel their agreement with the GOOD SHEPHERD CATHOLIC PARISH OF VISALIA, CALIFORNIA and surrender both ownership of a NICHE and the Right To Interment prior to the interment of any cremated remains in a NICHE, then the COLUMBARIUM AUTHORITY may at its sole discretion elect to refund that portion of the monies paid for ownership of the NICHE and for the RIGHT TO INTERMENT which is in excess of Fifteen Percent (15%) of the total purchase price paid. The Columbarium Authority shall retain the Fifteen Percent (15.00%) portion for the costs of administration. No portion of the purchase price will be returned unless and until the COLUBARIUM AUTHORITY has sold the NICHE to a new owner for a price determined solely by the COLUMBARIUM AUTHORITY. The reimbursement of the specified portion of the purchase price paid shall operate as the full cancellation of all rights of the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT to the use of the NICHE.

RULE 4.3. CANCELLATION OF NICHE OWNERSHIP AND HOLDER’S RIGHT OF INTERMENT AFTER PLACEMENT OF REMAINS IN NICHE. In the event that any cremated remains are interred in a NICHE and subsequent thereto, the person or persons legally authorized to take such action in fact legally remove all cremated remains from the NICHE, then the COLUMBARIUM AUTHORITY may at its sole discretion elect to cancel all rights of the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT by refunding that portion of the purchase price of the NICHE which is in excess of Fifteen Percent (15%) of the total purchase price. The COLUMBARIUM AUTHORITY shall retain the Fifteen Percent (15.00%) portion of the purchase price for the costs of administration. The reimbursement of the monies shall cause the full cancellation of all rights of the NICHE OWNER and the HOLDER OF RIGHT TO INTERMENT to the NICHE. No portion of the purchase price will be returned unless and until the COLUMBARIUM AUTHORITY has sold NICHE to a new owner for a price determined solely by the COLUMBARIUM AUTHORITY.

SECTION 6

MEMORIALS/GRANITE SHUTTERS

RULE 5.1 NO MEMORIALS, DECORATIONS OR OTHER ITEMS ALLOWED IN THE COLUMBARIUM. No memorials, flowers, decorations, containers, photos, balloons, toys, vases, mementos, keepsakes, souvenirs, living or artificial plants or foliage, flags, greeting cards or any other items of whatsoever nature or kind shall be placed on, adhered to, or adjacent to the COLUMBARIUM or any NICHE. The COLUMBARIUM AUTHORITY shall immediately remove and discard all such items without any liability whatsoever. Floral arrangements may be placed adjacent to the NICHE on the day of the interment only and shall be removed immediately after the completion of the interment ceremony.

RULE 5.2. ONLY A GRANITE SHUTTER ON NICHE ALLOWED: The only item which may be placed on or near the COLUMBARIUM and/or the NICHE shall be a Granite Shutter affixed to the NICHE which contains an inscription. The inscription shall be limited to the name, date of birth, and date of death of the deceased person and a short verse or inspirational statement. The design and the inscription on the Granite Shutter shall be approved in advance by the COLUMBARIUM AUTHORITY.

RULE 5.3. SUPPLY AND PLACEMENT OF GRANITE SHUTTER. The COLUMBARIUM AUTHORITY shall not be responsible for inscribing any Granite Shutter or for affixing the Granite Shutter to any NICHE. However, the COLUMBARIUM AUTHORITY must approve in advance any entity or person(s) which will supply or inscribe the Granite Shutter and which will affix the Granite Shutter to the NICHE. The COLUMBARIUM AUTHORITY shall determine the manner in which the Granite Shutter is affixed to the NICHE.

RULE 5.4. ERRORS IN THE PLACEMENT OF GRANITE SHUTTER. The COLUMBARIUM AUTHORITY reserves and shall have the right to correct any error that may be made by any person(s) in the location or placement of a Granite Shutter on any NICHE. Any expenses incurred by the COLUMBARIUM AUTHORITY in correcting such errors shall be reimbursed to the COLUMBARIUM by the NICHE OWNER, the HOLDER OF THE RIGHT OF INTERMENT or their heirs, beneficiaries, executors, administrators, successors and assigns.

SECTION 7
CONDUCT OF PERSONS WITHIN THE COLUMBARIUM AND
RESPONSIBILITIES OF NICHE OWNERS AND HOLDERS OF RIGHT TO INTERMENT

RULE 6. COLUMBARIUM GROUNDS. The COLUMBARIUM is located immediately adjacent to the sanctuary of St. Charles Borromeo Catholic Church of Visalia, California. Persons visiting the COLUMBARIUM shall use only the walkways and entrances intended for access to the COLUMBARIUM and to any specific NICHE. Any person using any other path or method to reach the COLUMBARIUM, or any NICHE shall hold harmless the COLUMBARIUM AUTHORITY for any injuries sustained.

RULE 6.2. TRESPASSERS IN THE COLUMBARIUM. Only the NICHE OWNER,
the HOLDER OF RIGHT TO INTERMENT, and the family members of the deceased person whose remains are interred in the NICHE to be visited shall be permitted in the COLUMBARIUM. Any other person in the COLUMBARIUM may be considered as a trespasser by the COLUMBARIUM.

RULE 6.3. CHILDREN. Children under the age of Fifteen (15) years shall not be permitted within the COLUMBARIUM unless accompanied by a responsible adult over the age of Twenty-One (21).

RULE 6.4. PROHIBITED ACTIONS OR CONDUCT. The following actions or conduct by any person or persons is prohibited in the COLUMBARIUM.

(a) No breaking or cutting any trees, shrubbery, or plants.

(b) No chipping, breaking, marking or defacing any walls or ground surfaces, structures or improvements.

(c) No loitering by any persons other than a NICHE OWNER, HOLDER OF RIGHT TO INTERMENT, or family members of decedents whose remains are interred in a NICHE.

(d) No boisterous, unruly, disruptive or unseemly conduct including loud music.

(e) No discarding rubbish.

(f) No consumption of food, barbecues, use of tents or shade structures on premises.

(g) No posting of any written or printed materials without prior approval of the COLUMBARIUM AUTHORITY.

(h) peddling or soliciting without prior approval of the COLUMBARIUM AUTHORITY.

(i) consumption of alcoholic beverages.

(j) smoking, vaping or use of smokeless tobacco.

(k) leaving behind perishable foods or beverages.

RULE 6.5. PETS. No pets are allowed in the COLUMBARIUM except authorized/certified assistance and therapy animals.

RULE 6.6. FIRERARMS. No firearms shall be allowed in the COLUBMARIUM except on special permit by the COLUMBARIUM AUTHORITY or by duly constituted authority.

RULE 6.7. SCHEDULED HOURS OF COLUMBARIUM AND OFFICE. The schedule of visitations to the COLUMBARIUM shall be established and changed at the sole discretion of the COLUMBARIUM AUTHORITY. The office hours of the COLUMBARIUM AUTHORITY are as follows: 10:00 a.m. – 4:00 p.m., Monday through Friday (excluding church or legal holidays or by appointment.

SECTION 8

WORK DONE BY OTHERS

RULE 7.1. CERTIFICATES OF INSURANCE. Any person(s) or entities who engage in any work in the Columbarium and who are not hired or contracted by the COLUMBARIUM AUTHORITY must present a Certificate Of Insurance for General Liability and Worker’s Compensation to the COLUMBARIUM AUTHORITY before any work is done by them in the COLUMBARIUM.

RULE 7.1. PERMISSION AND SUPERVISION. All work done in the COLUMBARIUM by any person, persons or entities not contracted by the COLUMBARIUM AUTHORITY shall only be done with the advance permission of the COLUMBARIUM AUTHORITY and according to all applicable Rules and Regulations issued by the COLUMBARIUM AUTHORITY and at such times as approved in advance by the COLUMBARIUM AUTHORITY.

RULE 7.2. WORKERS WHO ARE NOT EMPLOYEES. Workers in the COLUMBARIUM who are not employees of the COLUMBARIUM AUTHORITY but instead are employees or independent contractors of others shall as to the COLUMBARIUM AUTHORITY operate as independent contractors but must do so subject to the advance permission of the COLUMBARIUM AUTHORITY and subject to all applicable rules and regulations.

RULE 7,.3. CONDUCT OF WORKERS. All workers engaged in any work in the COLUMBARIUM shall not attach ropes to any structures, trees, shrubs, plantings or improvements of the COLUMBARIUM except as approved in advance by the COLUMBARIUM AUTHORITY.

RULE 7.4. NO MACHINERY OR MATERIALS. No material, machinery or other items
whatsoever used for any work done in the COLUMBARIUM may be brought into the COLUMBARIUM until required for immediate use and never under any circumstances when a funeral or any other ceremony is in process. No such material, machinery or other items may be brought into the COLUMBARIUM between 5:00 p.m. on Friday and 8:00 a.m. on Monday and no work shall be done during said time.

RULE 7.5. PROMPT COMPLETION. All work in the COLUMBARIUM shall proceed promptly. If the work is not completed within Twenty-Four (24) hours of commencement, the COLUMBARIUM AUTHORITY may require that all machinery and materials be removed from the COLUMBARIUM and the area be restored to its original appearance. If the independent contractor does not clear the area and restore the area to its original appearance when requested to do so, the COLUMBARIUM AUTHORITY may clear the area and charge the cost of such clearance to the dealer or contractor or to his principal.

RULE 7.6. CESSATION OF WORK. While a funeral, interment of other ceremony is in
progress, all work within the view of the ceremony participants shall cease and no noise shall be generated by the work.

RULE 7.7. SOLICITATION. Approaching the bereaved or soliciting business within the
COLUMBARIUM at any time is prohibited.

RULE 7.8 ACKNOWLEDGMENT OF RECEIPT OF RULES AND REGULATIONS. Prior to the commencement of any work in the COLUMBARIUM, all independent contractors and workers retained by others besides the COLUMBARIUM AUTHORITY shall sign a written acknowledgment of their receipt of a copy of these Rules And Regulations.

SECTION 9

NON-RESPONSIBILTY FOR LOSS OF DAMAGE

RULE 8.1 IMPROPRIETIES AND IMPROPER ASSEMBLAGES. There shall be strict observation of all proprieties afforded to the resting place of decedents and strict respect for the dignity afforded to decedent’s remains by the Roman Catholic Church, whether or not the full extent of such proprieties are fully embraced explicitly in these Rules And Regulations. No improprieties shall be allowed, and the COLUMBARIUM AUTHORITY shall have the power and right to prevent improper assemblages and to remove any person or persons who fail to conduct themselves in a reverent and respectful manner in the COLUMBARIUM.

RULE 8.2. USE OF GUARDS AND NON-RESPONSIBILITY. The COLUMBARIUM AUTHORITY shall have the right to designate such person or persons with the authority of a peace officer as listed in Section 830.7 of the California Penal Code, and such person or persons shall enforce all Rules and Regulations and may exclude from the COLUMBARIUM and from the church property located at 5049 W. Caldwell Avenue, Visalia, California any person(s) violating the same. The COLUMBARIUM AUTHORITY and his duly authorized agents shall have charge of the COLUMBARIUM and at all times shall have supervision and control of all persons in the COLUMBARIUM concerning the conduct of funerals, committal ceremonies, traffic and visitation.

RULE 8.3 CHARGE FOR UNUSUAL REPAIRS. In the event that it becomes necessary to repair or reconstruct any marble, granite, bronze, stone, concrete work or any portion of a NICHE which has been damaged by the elements, an act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil authority, the COLUMBARIUM AUTHORITY shall post on premises a notice of the necessity for such repair to the NICHE OWNER or to the HOLDER OF THE RIGHT OF INTERMENT or to their heirs, beneficiaries, executors, administrators, successors and assigns at their address stated on the records of the COLUMBARIUM AUTHORITY. In the event that these persons fail to repair the damage to the NICHE within a reasonable time, the COLUMBARIUM AUTHORITY may direct that the repairs be made and charge the expense against the NICHE OWNER, the HOLDER OF THE RIGHT OF INTERMENT\, and their heirs, beneficiaries, executors, administrators, successors and assigns.

SECTION 10

ADDRESSES

RULE 9.1. NOTIFICATION OF CHANGE OF ADDRESS. The NICHE OWNER and the HOLDER OF THE RIGHT OF INTERMENT shall have the duty to notify the COLUMBARIUM AUTHORITY of any change of his/her mailing address. Upon the death of the OWNER or the HOLDER OF THE RIGHT OF INTERMENT, their heirs, beneficiaries, executor, administrator, personal representative, successors and assigns shall have the duty to notify the COLUMBARIUM AUTHORITY of the death and of a correct address for any future notices. Notice sent to a NICHE OWNER or to a HOLDER OF RIGHT TO INTERMENT at the last address on file in the office of the COLUMBARIUM AUTHORITY shall be considered sufficient and proper notification for all legal purposes and for any other purpose.

SECTION 11

EXCEPTIONS AND MODIFICATIONS

RULE 10.1 SPECIAL CASES. There may arise special cases in which the literal enforcement of these Rules and Regulations may impose unnecessary hardship. The COLUMBARIUM AUTHORITY therefore reserves the right, without notice, to make exceptions, suspensions or modifications in any of these Rules and Regulations when in its judgment, such action appears advisable. Such temporary exceptions, suspensions or modifications shall in no way be construed as affecting the general application of all of these Rules and Regulations and shall in no manner operate as a waiver of the full enforcement of all of these Rules And Regulations.

RULE 10.2 AMENDMENTS. The COLUMBARIUM AUTHORITY may, and hereby reserves the right, at any time or times and without advance notice to adopt new Rules and Regulations or to amend, alter or repeal any rule, paragraph or sentence in these Rules And Regulations.

CONTACT INFORMATION

In Writing:
Good Shepherd Parish Catholic
Parish Of Visalia, California
Attention: Columbarium Authority
506 North Garden Street
Visalia, California 93291

By Phone: 559-734-9522

By Fax: 559-734-3435

THIS SET OF RULES AND REGULATIONS ARE ADOPTED AND EFFECTIVE AS OF THE 1ST DAY OF JANUARY 2024.

This section is for information purposes only, and it not notice nor an agreement.

Modified: January 1, 2024