City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents

Section 140.010 Authority For Cemeteries.

[R.O. 2006 §140.010; CC 1980 §510.010; Ord. No. 493, 5-17-1965]
According to Sections 79.430 and 79.440, RSMo., the Board of Aldermen is empowered to make rules and regulations and pass ordinances governing the City Cemetery. The purchaser of a lot in the City Cemetery has a right in fee simple for the sole purpose of interment. The number of lots owned by the same person is limited to ten (10). The lots are not to be purchased for resale.

Section 140.015 Regulations in The City Cemetery.

[R.O. 2006 §140.015; Ord. No. 988, 5-16-2005]
A. 
No alcoholic beverages are allowed in the City cemetery.
B. 
The cemetery is closed between dusk to 6:00 A.M. No person shall be present in the cemetery during said hours.
C. 
Any person violating the terms of this Section shall be subject to a fine not to exceed five hundred dollars ($500.00).

Section 140.020 Plantings in The Cemetery.

[R.O. 2006 §140.020; CC 1980 §510.020]
The planting of trees, shrubs, flowers, etc., is prohibited except by permission of the Cemetery Superintendent or other person in control of the Cemetery under the direction of the Board of Aldermen.

Section 140.030 Decorative Flowers, Wreath, Etc., in The Cemetery.

[R.O. 2006 §140.030; CC 1980 §510.030]
All flowers, wreaths and other decorations placed on graves on the following days will be allowed to remain there for a minimum of six (6) days: Easter; Memorial Day; Mother's Day; Father's Day; Fourth of July. Flowers and decorations placed at Christmas time must be removed by March first (1st). Flowers and other decorations placed on graves at any other time than those above mentioned days may be removed at any time. The following will be not allowed: fences, coping, hedges or other enclosures. Wooden, iron, concrete or other crosses, tablets, metal wreaths, trellises, shepherd hooks with hanging baskets, bird houses, etc., shall not be placed upon graves or lots. No permanent vases.

Section 140.040 Graves.

[R.O. 2006 §140.040; CC 1980 §510.040; Ord. No. 493, 5-17-1965]
Graves shall not be mounded but kept filled and leveled to conform with the surrounding ground levels. The settling of stones and markers of all kinds shall be in accordance with specifications furnished by the Cemetery Superintendent. Burial vaults with exposed marble, granite, or any other exposed tops will not be allowed. A preformed slab that is three (3) inches larger than the base on all sides is required. This slab shall not be placed in wet cement unless a thin layer of sand or fine rock separates the two (2). A minimum of twelve (12) inches of concrete is required for all monuments. Monuments of four (4) feet or larger shall have pier holes drilled diagonally to the depth of at least thirty (30) inches. An additional pier shall be placed in the middle of the footing and shall also be thirty (30) inches deep.

Section 140.050 Sale of Cemetery Lots.

[R.O. 2006 §140.050; CC 1980 §510.050; Ord. No. 965, 8-16-2004; Ord. No. 1072, 8-18-2008]
The sale prices of cemetery lots are fixed as follows:
Residents of Troy
Residents of Lincoln Co.
Non-residents of Lincoln Co.
$300.00
$500.00
$700.00

Section 140.060 Burial Requirements.

[R.O. 2006 §140.060; Ord. No. 498A, 2-20-1984]
All burials in the City of Troy Cemetery except the burials of cremains, shall be in vaults or concrete boxes. The Cemetery Superintendent, upon request, may allow the burial of cremains in the same grave with another body. Separate grave markers will not be allowed in such cases.

Section 140.070 Interment Rights.

A. 
Rights Of Owner And Spouse. All plots conveyed to an individual are presumed to be the sole and separate property of the owner named in the instrument of conveyance and the owner shall have the first right of interment, he/she shall have the right of direction for relatives or friends, and he/she shall have the right of sale or transfer, except that the spouse of an owner of any plot containing more than one (1) interment space has a vested right of interment of his/her remains in the plot, and any person thereafter becoming the spouse of the owner has a vested right of interment of his/her remains in the plot if more than one (1) interment space is unoccupied at the time the person becomes the spouse of the owner, and no conveyance or other action of the owner without the written consent or joiner of the spouse of the owner divests the spouse of a vested right of interment, provided however, that a final decree of divorce between owner and spouse terminates the vested right of interment of said spouse unless otherwise provided in the decree, but the cemetery is obligated to reserve graves for those parties with a vested right of interment only when notified by a notarized affidavit signed by the party with the vested right which affidavit shall state the kinship and the space desired.
B. 
Rights Of Surviving Spouse. After interment of the owner, the surviving husband or wife shall have the first right of interment, the right of direction and the right to sell or transfer unused grave spaces; provided however, that when there are surviving children of the owner by a previous marriage, the surviving husband or wife shall only have the first right interment, and all surviving children of the owner will equally control all other unused graves in accordance with Subsection (C).
C. 
Rights Of Direct Children On Death Of Owner And Spouse. After the interment of an owner and spouse, the direct children of the owner shall have the right of interment, the right of direction for members of their family, and when unanimously approved by all, the right to sell or transfer; and interment requests from any direct child, or for any direct child, will be honored in the order received until all grave spaces have been used, except that, a second wife or husband of the original owner or the surviving wife or husband of any direct child (or in-law) interred on the lot may designate one (1) vacant grave space to be reserved for herself/himself, but the responsibility for so designating a grave rests with the individual, and failure to do so divests the surviving wife or husband of this privilege if grave spaces are no longer available.
D. 
When more than one (1) of the nearest living direct heirs (of equal kinship) make requests for the reservation of the same grave space or grave spaces, the order of need (or death) establishes which party or parties will use the reserved grave space or spaces, and a surviving wife or husband has a first right if space is available although it is reserved for other individuals.
E. 
Joint Tenants — Rights Of Interment And Descent. In a conveyance to two (2) or more persons as joint tenants, the owners may individually direct burials for relatives or friends if spaces are available in excess of the number needed to accommodate all owners and their spouses who have a vested right of interment. The cemetery has the right to recognize the order of any owner. Any owner may be interred without the consent of the surviving owner or owners and the husband or wife of an owner may be interred without the consent of the surviving owner or owners. Upon the death of a joint tenant, all rights are immediately vested in the surviving owner or owners, subject to the vested right of interment of the remains of the deceased joint tenant and his/her husband or wife.
F. 
Order Of Succession. Upon the death and interment of joint tenants or owner and spouse, the nearest living kin shall have the right of interment, the right of direction for members of their family, and when acting jointly, the right to sell or transfer. The nearest living kin in different situations may be parents, brothers, and/or sisters, nieces and/or nephews, grandchildren, great-grandchildren, etc. Any party making a request with our office may be asked to sign a notarized affidavit indicating that he/she is the nearest living kin, or one of the nearest living kin. The policy as outlined for "direct children" also applies for direct heir (or the husband or wife of a direct heir) is interred, this automatically gives the cemetery management approval for the interment of the surviving husband or wife, and that this is a first right if the cemetery management is properly notified by the survivor that this is his/her desire.
G. 
Devise By Last Will And Testament. A lot owner not having direct heirs may dispose of his/her lot or lots in their Last Will and Testament and specify who may be interred therein or who shall receive the title thereto. The legal document stating this however, must be on file in our office before being valid and binding upon the Rolla Cemetery.
H. 
Right Of Interment, Direction Or Sale By Agreement Of Heirs. The most direct heirs of a deceased owner may, by a properly executed legal agreement, state who among them shall have the right of interment, direction, and of sale or transfer, which agreement must bear the signature of all the most direct heirs of equal kinship, and which must be recorded in the office of the cemetery before being valid. When there are several owners of a lot, they may designate one (1) or more persons to represent the plot by filing a written notice of designation with the cemetery office which notice must bear the signatures of all owners. In the absence of a properly executed notice, the cemetery is not liable to any owner for interring or permitting an interment in the plot in accordance with these rules.