Cross Reference — Health and sanitation, Ch. 225.
State Law References — Authority to provide cemeteries,
RSMo. 79.430; public cemeteries, RSMo. 214.010 et seq.
[CC 1971 §6-11; Ord. No. 478 §2, 3-5-1957]
No vault, crypt, niche, mausoleum, columbarium or structure,
and no addition or alteration thereof, shall be used for the purpose
of interring therein any body until the person operating such structure
shall have obtained from the State Department of Health a certificate,
signed by the Commissioner of Health, certifying that the plans and
specifications filed pursuant to the provisions of this Chapter have
been complied with, and that the requirements for a Maintenance Fund
provided for in this Chapter have been complied with.
[CC 1971 §6-12; Ord. No. 478 §1, 3-5-1957]
No person shall construct any vault, crypt, columbarium or mausoleum
for public use, wholly or partially above the surface of the ground,
to be used to contain the body of any dead person unless the same
shall be located within the confines of an established cemetery containing
not less than five (5) acres, which cemetery shall have been in existence
and operation for a period of at least five (5) years immediately
preceding the time of the erection thereof, nor until plans and specifications
thereof shall be approved by the State Department of Health and the
Board of Aldermen.
[CC 1971 §6-13; Ord. No. 478 §1, 3-5-1957]
A.
The
plans and specifications of vaults, crypts, mausoleums or columbariums
for public use shall set forth the sections, halls, rooms, corridors,
elevators or other subdivisions thereof, with their descriptive names
and numbers, and shall provide:
1.
That such structure be so arranged that the cell, niche or crypt
may be readily examined at any time by any person authorized by law
to do so;
2.
That suitable provision be made for hermetically and permanently
sealing each crypt or cell after the placing of any body therein,
and in such manner that no fluid may escape therefrom;
3.
That the materials of which such structure is to be constructed are
to be of the best quality and of a character best suited for the purposes
intended; and
4.
That the structure shall be so constructed as to insure its durability
and permanence as well as the safety, convenience, comfort and health
of the community in which it is located, as dictated and determined
at the time by modern mausoleum construction and engineering science.
[CC 1971 §6-14; Ord. No. 478 §2, 3-5-1957]
The vault, crypt, mausoleum or columbarium for public use shall
be erected under the supervision of an inspector to be appointed by
the State Department of Health and the Board of Aldermen, which shall
determine the amount of his compensation, which shall be paid by the
person erecting the same.
[CC 1971 §6-15; Ord. No. 478 §1, 3-5-1957]
The person making application for the approval of any vault,
crypt, mausoleum, or columbarium for public use shall file a certificate
of such approval, signed by the Commissioner of Health and the Board
of Aldermen, with a copy of such plans and specifications, in the
office of the City Clerk, who shall retain the same on file.
[CC 1971 §6-16; Ord. No. 478 §3(a), 3-5-1957]
No crypt or room in any mausoleum not privately owned, or niche
in a columbarium not privately owned, shall be sold or offered for
sale, until such structure shall be entirely completed.
[CC 1971 §6-17; Ord. No. 478 §3(b), 3-5-1957]
There shall be established and maintained a fund for the perpetual
care and maintenance of each mausoleum or columbarium for public use,
by applying in the case of a mausoleum not less than the sum of one
hundred dollars ($100.00) from the proceeds received from the sale
of each crypt and twenty percent (20%) of the proceeds received from
the sale of each room; and in case of niches in a mausoleum or columbarium,
used as a repository for the remains of deceased persons after cremation,
a sum which shall be equivalent to twenty percent (20%) of the sale
price of each niche. In the event that sales of crypts or rooms in
any such mausoleum, or sales of niches in any such mausoleum or columbarium,
shall be made upon a partial payment plan, there shall be set apart
and applied to said Maintenance Fund from such payment, such proportion
thereof as the number of partial payments bears to the total amount
of the sum required to be set aside for such Fund.
[1]
State Law Reference — Perpetual care fund, RSMo. 214.020.
[CC 1971 §6-18; Ord. No. 478 §3(d), 3-5-1957]
The Perpetual Care Fund referred to in this Chapter shall be
an irrevocable fund deposited as provided by law.
[CC 1971 §6-19; Ord. No. 478 §3(d), 3-5-1957]
Any cemetery or mausoleum maintained or constructed contrary
to the provisions of this act, shall be deemed a public nuisance,
and may be enjoined in an action brought by any taxpayer of this City.
[CC 1971 §6-20; Ord. No. 478 §3(c), 3-5-1957]
When any mausoleum, vault, crypt or structure containing one
(1) or more deceased human bodies, shall, in the opinion of the State
Department of Health, or the City become a menace to public health,
and the owner or owners thereof shall fail to remedy or remove the
same to the satisfaction of said department, any Court of competent
jurisdiction may order the person owning such structure to remove
the deceased body or bodies for interment in some suitable cemetery
at the expense of the person owning such mausoleum, vault or crypt.
If no such person can be found in the County where such mausoleum,
vault or crypt is located, such removal and interment shall be at
the expense of the cemetery in which such mausoleum, vault, crypt
is located, or of the cemetery association in charge of any such cemetery.
