Rules & Regulations

The Rules and Regulations of the Island Cemetery Company are adopted as of March 2021 to preserve the natural beauty and tranquility of the Cemetery grounds.  All owners and visitors within the Cemetery, and all lots and other interment space conveyed, shall be subject thereto and to such other rules and regulations, amendments or alterations as shall be adopted by the Board of Trustees from time to time.

Please take the time to review the following Rules and Regulations.

  • Entrance to the Cemetery or use of any of the facilities therein, may be refused at any time to any person or persons whom the management may deem objectionable. The Cemetery and its employees and representatives, subject to the Board of Trustees shall have the authority to enforce all Rules and Regulations and to exclude from the Cemetery violators thereof. 

    The Cemetery has an express easement and right of way over and through all the premises of the cemetery for the purpose of installing, maintaining and operating pipe lines, conduits of drains for sprinklers, drainage, electric or communication lines or for any other cemetery purpose.

     The Cemetery will take reasonable precaution to hire competent and experienced workmen and to protect owners and their proprietary rights within the Cemetery, and other persons lawfully therein, from loss or damage; but it expressly disclaims all responsibility or liability for any accident, loss or damage to such person or property from causes beyond its reasonable control or resulting from the ordinary hazards of Cemetery work, and especially from loss or damage due to incident of wars, riots, explosions, fire, theft, vandalism, unavoidable accidents or the unlawful or malicious act of anyone; or to lightning, hurricane, or other acts of God. 

     Parties sending any material must also send someone responsible for unloading the material.  No material for the building or setting of monuments will be received or allowed on weekends or holidays

     Dogs will not be allowed in the Cemetery unless leashed and under control.  Dog owners must clean up after their dog.

     No firearms will be allowed except at military occasions.

     No vehicle may pass a funeral procession or lot where a service is going on.

    Soliciting business in the cemetery is strictly prohibited.

     Any person disturbing the peace by noise, fast driving or any improper conduct or violation of any rules and regulations will be compelled to leave the grounds and will be reported to the Board of Trustees and the police for trespassing or any appropriate charge. 

  • The charge for perpetual care is now included in the price for a lot. The definition of care as applied to the grass on a lot, grave or urn grave, shall mean the cutting of the grass therein at reasonable intervals, the maintenance of the grade, the repair of sunken graves and the preservation of the turf in a suitable condition, The lot shall be reasonably cared for as a cemetery lot or grave forever.

    Any other care or maintenance for any grave, lot, memorial or planting of any kind will require a separate agreement and a separate care fund.

    The amount of care and special care given during any emergency shall be subject to the limitations of labor and equipment shortages.

    Donations to the Cemetery are greatly appreciated and may be made through Friends of Island Cemetery, a 501(c)(3) on our website: islandcemeterynewport@gmail.com under HowTo Help.

  • Designs, locations and material for all monuments and markers, or other structures must be submitted to the Cemetery for approval.

    The Trustees have the right to decide the size in height, length and width of any monument in any plot. All markers in the single or double grave sections must be flush with the grade.

    On grave lots of 4 or more, a monument’s base cannot exceed 8% of the area of the lot and the length of the monument shall not exceed 40% of the width of the lot.

    · All monuments, markers, etc. must rest upon a concrete foundation not less than four feet in depth.

    · No foundation may be located or constructed without permission of the Cemetery. Foundations will be constructed by the Cemetery for a reasonable charge.

    · In lots plotted for twelve graves or less, only one family monument shall be permitted. All other markers, other than the center monument, must be flush with the grade of the lot.

    The Cemetery shall have the right to cause the removal of any monument structure or effigy, or of any inscription judged to be improper by them.

    Under no circumstances shall any stone be moved either to another lot or outside the grounds without the permission of the Cemetery.

    Monuments placed on any lot are the lot owner’s responsibility. Homeowner’s insurance may cover damages caused by malicious mischief. It is recommended that the lot owner consider additional insurance for the monument’s full protection. In case any stone, marker, monument or other structure shall fall into such condition of disrepair as to render it beyond repair in the sole judgement of the Cemetery it shall be removed.

    The Cemetery disclaims all responsibility for loss or damage beyond it’s reasonable control and especially from damage by an Act of God, the elements, earthquakes, war, common enemy, air raids, invasions, insurrections, riots, by order of any military or civil authority, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, or any cause similar or dissimilar beyond control of the Cemetery, whether the damage is direct or collateral.

  • Flowers must not be brought into the cemetery except for decoration and must not be removed under any pretense whatever, except by permission of the Cemetery. The use of artificial material, artificial flowers and grave adornments will not be permitted and will promptly be removed by the Cemetery. No lighting of any kind is permitted to be installed on a grave or in the area of a grave and will be promptly removed.

    Flowers, wreaths, pots etc. left on graves or lots will be removed as soon as they fade or become unsightly. Potted plants or baskets may be permitted upon lots and graves at Easter, Mother’s Day and Memorial Day and may remain in place until the blooms die. The Cemetery will not be held responsible for anything left on graves or lots.

    The use of tin cans, bottles or jars will not be permitted. The metal flower vases designed for cemetery use are recommended.

    No work of any kind shall at any time be done on or about a lot, grave or other interment space by persons other than employees or agents of the Cemetery without prior permission.  While a funeral or interment is being conducted nearby, all work of any kind shall be suspended until the departure of the funeral party.

    The Cemetery reserves to itself the entire control of every tree, shrub, plant or vine within the Cemetery, whether or not planted by the owner, including the removal or substitution of the same when it considers such removal or substitution advisable.  

    Workmen in whatever capacity employed shall at all times be under the supervision of Cemetery representatives and must carry off any and all rubbish and restore the avenues and paths injured by their operations as they shall direct.  Any workman failing to comply with these regulations may forthwith be excluded from the grounds, and the person employing them shall be responsible for the injuries sustained through their neglect.Plantings of any kind may not be made without the prior approval of the Cemetery.

    The Cemetery reserves the right to remove any plantings without notice and charge the owner for the expense incurred, including the repair of sod.

    Trees, shrubs and other plantings, whether or not planted on a lot pursuant to permission for a special planting, shall become the property of the cemetery.

    Trees on sold lots will not be removed to make room for burial space unless it is at the owner’s expense.

    Visitors may not injure any trees or shrubs or plantings nor pick any flowers and in all cases must observe the Cemetery regulations.

  • All work in connection with any interment including the digging and preparing of the graves must be done by the Cemetery.

    Funeral Directors are required to have a burial permit before interment can be made.

    · Funeral Directors must provide a vault or a grave crypt of any type, providing it is of permanent construction.

    · Orders should be given at the Cemetery at least twenty-four hours before the interment.

    · It is important that the proprietor or representative of a lot give attention to the location of graves. When instructions for making an interment in a lot cannot be obtained, or are indefinite, or when for whatever reason the interment cannot be made where specified, the Cemetery’s representative may determine the location in the lot for such interment so as not to delay the funeral.

    · Unless notice to the contrary is given to the Cemetery, it shall be understood that the Funeral Director is duly authorized to make funeral or interment arrangements as the agent not only of the family and/or the person having legal custody of the remains of the deceased, but also of the then owner of the lot or other interment space.

    Funerals on arrival at the Cemetery shall be under the charge of the Cemetery’s representative.

    No funerals will be allowed on Sundays.

  • Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize and the right to vote at lot owner meetings for owners whose lots contain 4 or more graves.

    The right of individual lot owners in and to lots shall be created by deed from the Trustees or by way of transfer, subject to the Rules and Regulations of the Company. All original deeds and deeds of transfer shall be recorded in the Company books.

    Persons desirous of purchasing burial lots shall apply to the Cemetery’s representative for availability and prices on lots of various options and arrangements for payment. Lots and graves are held as real estate. The owner can convey, or by will devise his lot; but if he dies intestate it descends to his heirs-at-law as specified under Rhode Island law.

    · No curbs or fences shall be erected, and no hedges may be planted.

    · Raised mounds are not permitted.

    · No burial or work or transfer of ownership will be allowed on any burial space on which there remains an unpaid amount.

    · No change of ownership or transfer may be made on any lot without the approval of the Board of Trustees and must be in the interest of the Cemetery. No transfer of any right of lot or grave owners shall be valid unless approved by the Board of Trustees considering the best interests of the Cemetery, with such approval properly authenticated by a certificate signed by the Trustees.

    It shall be the duty of the lot or plot owners to notify the Cemetery of any change in his or her mailing address. Notice sent to a lot or plot owner at the last address in the Cemetery’s records shall be considered and proper legal notification.

    The Cemetery does have pre-approval on all monuments, their design and engravings. Lot owners shall abide by the Board’s decisions.

  • Item descriptionRemovals will not be made without a signed order from the owner of the lot or grave.

    Removals from lots to go outside the Cemetery must be approved by the Board of Trustees.

    The Cemetery will exercise the utmost care in making any disinterment, but in so doing will not be liable for damage of any kind.

    Removals will not be made on weekends or holidays.

  • All charges are payable in advance.

  • The Cemetery reserve the right to correct any errors that may be made by their employees or representatives in making interments, disinterments or removals, or in the description, transfer or conveyance of any rights or lots. This may include cancelling such conveyance and substituting and conveying in lieu of other interment rights, a lot of equal value and similar location selected by them in their sole discretion, or by refunding any monies paid on account of said purchase.

    In the event any such error shall involve the interment of the remains of any person in any lot or plot, the management reserves and shall have the right to remove and reinter the remains in such other lot or plot of equal value and similar location as may be substituted and conveyed in lieu thereof.

  • The following rights and privileges are expressly reserved to the Island Cemetery to be exercised at any time for any purpose related to the disposal or interment of human dead bodies or other cemetery purposes:

    · To re-survey, enlarge, diminish, replat, alter in shape or size or otherwise change any part of the cemetery.

    · To lay out, establish, close, eliminate, or otherwise modify the location of roads, walks or drives.

  • Full information in regard to any matter of Cemetery management, may be obtained at the office on in the website at www.islandcemeterynewport.com.

    The Cemetery reserve the right, without notice, to make temporary exceptions, suspensions, or modifications of any of these Rules and Regulations, when in its judgment, it appears advisable, and such temporary exceptions, suspension or modification shall in no wise be considered as affecting the general application of these Rules and Regulations.

    In all matters not specifically covered by these Rules and Regulations, the Cemetery reserves the right to do anything which in its judgment is deemed reasonable.

    The Cemetery reserves the right at any time and from time to time to change, amend, alter, repeal, rescind or add to these Rules and Regulations or any part thereof, or to adopt any new Rule or Regulations with respect to the cemetery or anything pertaining thereto.