[Ord. No. 1168, 3-9-2020]
All monies collected from the sale of graves or lots in the
St. James Cemetery shall be paid to the City Clerk to be credited
fifty percent (50%) to the General Revenue Fund and fifty percent
(50%) to the Perpetual Care Cemetery Fund.
[Ord. No. 1168, 3-9-2020]
The City Clerk shall not make any deed for a grave or lot in
the City Cemetery, or any part thereof, until the purchase price for
the grave or lot has been paid to the City Clerk in full.
[Ord. No. 1168, 3-9-2020]
Any person trespassing on the grounds of the St. James Cemetery
by digging a grave or by burying a body therein without such grave
being first (1st) located by the sexton, or otherwise violating any
of the provisions of this Chapter, shall be deemed guilty of an ordinance
violation.
[Ord. No. 1168, 3-9-2020]
A.
The
purchase price as set forth in this Section shall be charged for the
purchase of cemetery plots in the St. James Cemetery. The fees shall
be as follows:
1.
Single Grave Lot – Six hundred fifty dollars ($650.00).
2.
Cremation on single lot – additional one hundred twenty-five
dollars ($125.00).
3.
Marking for Monument or foot stone – twenty-five dollars ($25.00).
4.
Footings for existing benches will be seventy-five dollars ($75.00)
to eighty-five dollars ($85.00) depending on the size.
[Ord. No. 1168, 3-9-2020]
A.
The
following rules shall govern the operation and maintenance of the
St. James Cemetery:
1.
Cemetery hours are 7:30 a.m. until Dusk.
2.
All persons are reminded that the cemetery is sacredly devoted to
the interment of dead and that a strict observance of all properties
to such a place will be required of them.
3.
Visitors are requested to keep on the paths and roadways and to refrain
from walking over lots to make a shortcut through the cemetery.
4.
All vehicles must remain on the roadway. Driving on the grass is
prohibited.
5.
No automobile or other motor vehicle shall be operated or driven
within the cemetery at a speed in excess of ten (10) mph.
6.
Any person or persons found loitering on the grounds after dark will
be liable for arrest.
7.
The throwing of rubbish on any part of the grounds or roadways is
prohibited.
8.
All persons are strictly prohibited from plucking flowers, either
wild or cultivated or from breaking any tree, shrub or plant and from
writing upon, marking, defacing or in any manner injuring any marker,
monument, thence or structure in or belonging to the St. James Cemetery.
9.
Dogs will be allowed in the cemetery only when confined in a vehicle
or on a leash. Pet waste must be collected and properly disposed of
by the owner.
10.
Visitors and other persons entering the cemetery, except the premises
in its existing condition, with full knowledge that cemeteries may
contain obstacles, pitfalls and obstructions which may present a hazard
to the unnamed observant. All persons shall exercise due care of their
own safety, and the cemetery shall not be responsible for damages
or injuries which may be sustained on count of the condition of the
premises, nor on account of the failure of any person to exercise
due care for his/her own safety.
11.
The cemetery may, at their discretion, pursuant to Missouri Statute
Section 214.209, RSMo., the abandonment of burial site, rights revert
to cemetery, pursue reclaiming unused lots after a period of seventy-five
(75) years since the last recorded activity on a burial site and after
all requirements of the Missouri State Statue have been met.
12.
As of the date of approval of these rules and regulations, placing
anything on the grounds of St. James Cemetery is prohibited. These
items present mowing hazards to the staff and will be removed.
13.
Effective July 1, 2020, no more than two (2) decorations are allowed
per grave. The cemetery reserves the right to remove and discard any
excess for the overall maintenance and appearance of the cemetery.
14.
Planting is not permitted on private lots. The planting of shrubs
and flowers is carefully planned for the general appearance of the
cemetery. The cemetery plants and cares for most of the growing things
in the sections. Any existing plantings will be removed.
15.
Borders around a lot or set of plots is prohibited. Any existing
borders that are more than one (1) inch above the ground will be removed.
Current borders that are cracked or broken will also be removed as
time allows.
16.
Corner markers are allowed but must be and remain flush with the
ground.
17.
Glass, plastic, ceramic, or wire of any kind are prohibited as they
are hazardous for the workmen and visitors.
18.
The cemetery does not approve of permanent in-ground metal flower
vases, nor will it accept any liability for their loss or damage under
any circumstances. It is the responsibility of the lot holder to return
the vases to their holder so that they will not damage the cemetery
equipment. Due to the nature of bronze vases the cemetery is not liable
for theft or damage under any circumstances whatsoever. Permanent
in-ground metal flower vases are not permitted.
19.
Potted plants, votive lights, solar lights, eternal flames, balloons,
toys, figurine, statuettes, pinwheels, hanging baskets, banners and
other unsightly grave decorations are not appropriate in a cemetery
and will be removed and disposed of by the cemetery staff. Please
be aware of the sensitivities of others when decorating the grave
of a loved one.
20.
A Christmas wreath or grave covering of natural materials is permitted
on a lot beginning on Thanksgiving Day. These decorations will be
removed starting January 15th of the following year.
21.
Artificial flowers are permitted year-round only in a permanent base
attached to the headstone on a saddle on top of the headstone.
22.
Flowers and all grave and crypt decorations will be removed periodically
by cemetery personnel. For the safety of both our visitors and employees,
this includes items left on top of the lawn level markers. Semiannual
decoration removal will be the second week of May and again the second
week of November when ALL decorations will be removed and disposed
of and are not saved for retrieval. Quarterly removal of faded or
damaged decorations are posted at the cemetery entrance.
23.
Foam plastic packaging is not biologically degradable and is a soil
pollutant that hampers the growth of grass and other plants. Please
do not bring it into the cemetery.
24.
The cemetery is not responsible for lost, damaged or stolen grave
decorations. The removal of flowers, planting or other property without
proper authorization is theft and will be prosecuted.
25.
The quantity and disposition of funeral flowers on new graves is
to be determined by the Park Director. They will only remain for one
(1) weekend after the interment as they become faded and unsightly.
26.
All decorations on family monuments other than those in industry
standard rust-proof cradles or in the monument vases will be removed
as per the published decoration removal schedule. Cradles are not
permitted on shared monuments.
27.
Crosses of any type will be treated as decorations and removed per
the normal decoration removal dates. They are not saved for retrieval.
They are buried in a reverential and respectful manner. The families
must be responsible for the collection prior to removal days and replacement
after the removal days are past.
28.
U.S. Flags must be on a three-eighths (3/8) inch wooden pole and
be twelve (12) inches x eighteen (18) inches and placed in an approved
holder that will not impede the mowing. (See the City or Utility Clerks
for information for the approved holders and proper placement.)
29.
U.S. Flags will be removed seven (7) days after Memorial Day and
or Veteran’s Day and properly disposed of.
30.
Any U.S. Flag that has touched the ground will be collected and stored
for proper disposal per the U.S. Flag Code. U.S. Flags that are not
in the approved holder will be removed and stored for proper disposal.
31.
Shepherds hooks are NOT allowed. Shepherds hooks presently in the
St. James Cemetery must be removed no later than July 1, 2020, at
which time they will be removed by the cemetery staff and will not
be saved for retrieval.
32.
Benches in place as of December 31, 2019, and permanently affixed
to a concrete mounting slab are grandfathered. No new garden benches
will be allowed unless they are a headstone/bench combination and
used in place of a headstone. Benches that are currently present but
not placed on a concrete mounting slab will be removed. Arrangements
for installation on a concrete slab can be made with the Park Director
for a fee.
34.
Use of fireworks and candle lanterns are expressly prohibited to
prevent fires.
35.
Painted rocks are not allowed.
36.
The St. James Cemetery Board reserves the right to revise these rules.
B.
Ownership
Rights On Interment.
1.
The terms “lot owner” or “ownership” shall
mean the right to use a lot, or part of a lot as purchased from the
City of St. James for burial purposes only as prescribed by existing
or subsequent regulations of the City of St. James Cemetery.
2.
The City of St. James shall have the right to assume that the lot
owner acquired the lot of the interment for himself/herself or a member
of the family. Unless otherwise directed, in writing, by the owner,
his/her heirs or assignee. The City Clerk will permit the interment
of the family, at the request of any person, upon proof of eligibility
for burials as follows:
a.
Typically, there is no problem when the owner is living or is to
be interred. When the owner is deceased, however, it becomes important
who has the right of interment, the right of designation, and the
right to sell or transfer the unused portions of the lot. The most
difficult problems arise in the cases of remarriage or a surviving
spouse when there is discord between the second spouse and children
by the first marriage, or when two (2) or more of the most direct
heirs (with equal kinship) want to use the remaining spaces for their
burial and for members of their family. To avoid being a party to
family feuds, we herein set out who will be recognized as having the
right of interment, the right to direct interments, and the right
to sell or transfer unused graves on a family lot.
b.
The cemetery will assume, at all times, that the lot owner (or owners)
acquired the lot for interment of himself/herself and members of his/her
family unless he/she has otherwise stipulated by a “will,”
by “notarized affidavit,” or by indicating “exceptions
in the deed.” The cemetery will also assume that it is proper
for a husband and wife to be buried on the same lot should this be
the desire of the survivor, so that the surviving husband or wife
of any individual interred on a lot has the right of interment if
space is available, whether the survivor is a direct heir or an in-law.
Unless this office is legally directed to act otherwise, by an owner
or owners or by the legal heirs or personal representative of any
owner or owners after death, the cemetery will allow interments at
the request of any interested person or any funeral home in accordance
with the foregoing and on the following rules and regulations.
c.
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.
d.
Rights Of Surviving Spouse. After interment of the owner, the surviving
husband/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/wife shall only have the
first right of interment, and all surviving children of the owner
will equally control all other unused graves.
e.
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 request 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.
f.
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.
g.
Joint Tenants – Rights Of Interment And Descent. In a conveyance
for two (2) or more people 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.
h.
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 action 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:
(1)
Sign a notarized affidavit indicating that he or she is the
nearest living kin, or one (1) of the nearest living kin. The policy
as outlined for “direct children in Rule 2 – Paragraph
E also applies for direct heir (or the husband or wife of a direct
heir) is interred, this automatically gives the cemetery, City of
St. James, approval for interment of the surviving husband/wife, and
that this is a first right if the cemetery, City of St. James, is
properly notified by the survivor that this is his or her desire.
i.
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 City Clerk 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 in the City Clerk’s 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.
j.
Affidavits. An affidavit properly executed shall remain in force
unless a subsequent affidavit is submitted to the cemetery office
that must bear the signatures of all the living parties that properly
signed and executed the first affidavit. An affidavit by a person
having knowledge of the facts setting forth the fact of the death
of the owner and the name of the person or persons entitled to use
of the plot, authorization for the cemetery to permit the use of the
unoccupied portions of the plot by the persons entitled to the use
of it. An affidavit by any person having knowledge of the facts setting
forth the fact of the death of one (1) joint tenant and establishing
the identity of the surviving joint tenants named in the deed to any
plot when filed with the City Clerk, is complete authorization for
the City Clerk to permit the use of the unoccupied portion of the
plot in accordance with these rules.
k.
Vested Right Of Interment. A “vested right” or “first
right” of interment may be waived. A “vested right”
or “first right” of interment is terminated upon the interment
elsewhere of the remains of the person in whom vested. No vested right
of interment gives to any person the right to have his/her remains
interred in any interment space in which the remains of any deceased
person have been interred, nor does it give any person the right to
have the remains of more than one (1) deceased person interred in
a single interment space in violation of these rules and regulations.
3.
The deed to a cemetery space invests in the owner the right to use
such lot for burial purposes for any person they may choose to admit,
provided such admission is free of charge and without compensation,
and in accordance with the cemetery regulations.
4.
Space owners must provide a quit claim deed or warranty deed to the
purchaser of the space(s) being purchased. At this time the new owner
must provide a copy of the quit claim deed or warranty deed to the
City Clerk so it may be recorded under the new owner(s) name. At that
time the new owner(s) information will be recorded, and the new owner(s)
will receive the deed to the space. If the original deed is not available,
the owner(s) will have to provide a warranty deed or quit claim deed
to the new owner(s).
