CHAPTER 140: CEMETERY

ARTICLE I. CEMETERY BOARD

Section 140.010.  Creation of Board — Members. [Ord. No. 97 §26.032(1), 2-27-1989; Ord. No. 442 §§1 — 2, 2-13-2012; Ord. No. 497 §§1 — 2, 5-23-2015]

There is hereby created a Cemetery Board in this City, the members of which shall be appointed by the Mayor, subject to the consent of the Board of Aldermen, and shall consist of a minimum of three (3) members. Members appointed to the Cemetary Board must have been residents of the County for at least two (2) years immediately prior to their appointment. No member of the Municipal Government shall be a member of said Board. 

Section 140.020.  Terms of Members. [Ord. No. 97 §26.032(2), 2-27-1989] 

A.     Such members shall hold their respective office from the first (1st) of the fiscal year following their appointment. They shall be appointed for a term of three (3) years, except that those appointed at the first (1st) meeting shall cast lots for their respective terms, two (2) members to serve three (3) years, two (2) members to serve two (2) years, and one (1) member to serve one (1) year. 

B.     The Mayor may, by and with the consent of the Board of Aldermen, remove any member of the Cemetery Board for misconduct or neglect of duty. 

C.     Vacancies occasioned by removal, resignation or otherwise shall be reported to the Board of Aldermen and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member of the Board shall receive compensation as such.   

Section 140.030.  Officers — Rules and Powers. [Ord. No. 97 §26.032(3), 2-27-1989]

The Cemetery Board shall, immediately after the appointment of members, meet and organize by the election of one (1) member as President, a Vice President, and Secretary. The Board shall make and adopt such bylaws, rules and regulations for its own guidance and proceedings as may be expedient, not inconsistent with this Chapter. The Secretary shall record all actions and things done by the Board and file a copy of the same with the Clerk of the City of Stockton. 

Section 140.040.  Compensation. [Ord. No. 97 §26.032(4), 2-27-1989]

Members of the Stockton Cemetery Board shall receive no compensation. 

Section 140.050.  Duties and Responsibilities. [Ord. No. 97 §26.032(5), 2-27-1989; Ord. No. 189 §5B, 9-26-1994; Ord. No. 333 §§A — B, 1-10-2005] 

A.     The Cemetery Board shall make plans for the development, care and maintenance of the Stockton City Cemetery. 

B.     The Cemetery Board shall make recommendations as to needed expenditures to be made from the budget allocated by the Board of Aldermen for the maintenance, care and improvement of the City Cemetery. 

C.     By August fifteenth (15th) of each year, the Cemetery Board shall submit to the Board of Aldermen a proposed cemetery budget for the coming year. 

D.     City employees assigned to cemetery duties shall work under direct supervision of the City Superintendent.   

Section 140.060.  Annual Reports. [Ord. No. 97 §26.032(6), 2-27-1989] 

A.     The President of the Cemetery Board shall present to the Board of Aldermen an annual report. Such report shall be presented at the first (1st) meeting in September of each year and shall consist of: 

1.      The condition of their trust as of the first (1st) day of that year. 

2.      The various sums of money received from the Cemetery Fund and other sources. 

3.      The sums of money expended by the Board and for what purposes. 

4.      Such other statistics, information and suggestions as the Board may deem to be of general interest. 

5.      Make recommendations for improving the cemetery program and facilities. 

6.      Submit an annual planned program for the use of the cemetery facilities and areas. 

7.      All such portions of said report as related to the receipts and expenditures of money shall be verified by the Purchasing Agent.     

Section 140.070.  Meetings — Quorum. [Ord. No. 97 §26.032(7), 2-27-1989]

The Stockton Cemetery Board shall meet after at least three (3) days' notice to all members. Regular meetings shall be held monthly March through September of each year and as needed during the period October through February. All meetings shall be held at the City Hall. Three (3) members shall constitute a quorum. The Secretary of said City Cemetery Board shall provided written minutes of each meeting to the City Clerk within one (1) week of the Board's meeting. 

Section 140.080.  Private Donations. [Ord. No. 97 §26.032(8), 2-27-1989]

The Board of Aldermen shall be held as special trustees for all donations of money, personal property or real estate for the benefit of such cemetery whenever such donations are accepted according to the terms of the deed, gift, devise or bequest of such property. 

Section 140.090.  Expenditure of Funds. [Ord. No. 97 §26.032(9), 2-27-1989] 

A.     Said Board has no power to expend on behalf of said City from any funds of the City but said Board will submit a written budget proposal to the City prior to the beginning of the fiscal year. 

B.     The City will pay expenses incurred by the Board pursuant to their budget only when an itemized purchase order is presented to the City Purchasing Agent which has been signed by an authorized member of the Board.   

Section 140.100.  Alternate Board Members. [Ord. No. 200 §26.036, 1-23-1995]

The Board of Aldermen of the City of Stockton from time to time as necessary appoint one (1) or more alternates to the Cemetery Board for the purposes of allowing for a functional Board. Said appointed alternate Board members shall have full authority to act as any other Board member during the period of time of their appointment.   

ARTICLE II. PERPETUAL CARE

Section 140.110.  Perpetual Care Cemetery Fund. [Ord. No. 9 §26.030(1), 9-8-1980; Ord. No. 486, 7-13-2015]

Under authority of Section 214.020, RSMo., there is hereby established a fund for the preservation, care, upkeep and adornment of the Stockton City Cemetery, such fund to be known as “the Perpetual Care Cemetery Fund of the City of Stockton.” The Cemetery Board shall, on behalf of the City of Stockton, accept and acquire by gift or donation, money or funds to be placed to the credit of such Perpetual Care Cemetery Fund. That part of the money derived from the sale of lots not needed for the care, upkeep, adornment and expansion of the Stockton City Cemetery shall be placed in the Perpetual Care Cemetery Fund. Such moneys and funds so placed in such Perpetual Care Cemetery Fund shall be invested from time to time in bonds of the United States Government or of the State of Missouri, or may be placed in any account or certificate of deposit of any bank or savings and loan association which is authorized to do business in this State so long as the funds so deposited are protected by Federal deposit insurance. The income therefrom shall, upon recommendation of the Cemetery Board, be expended by the City of Stockton for the preservation, care, upkeep and adornment of the Stockton City Cemetery, for the repurchasing of cemetery lots previously sold, and for no other purpose whatsoever. The principal of said Perpetual Care Cemetery Fund shall not be encroached upon for any purpose whatsoever, and no money shall be transferred out of such Perpetual Care Cemetery Fund except for the purposes of being invested as provided for in this Section and for the repurchasing of cemetery lots previously sold. The Cemetery Board shall, on behalf of the City of Stockton, accept any gift or donation to such fund and shall turn them over to the Treasurer of the City. The Treasurer shall place such money or funds to the credit of such Perpetual Care Cemetery Fund.   

ARTICLE III. CEMETERY FEES AND REGULATIONS

Section 140.115.  Grave Site and Burial Fees. [Ord. No. 403, 2-23-2009] 

A.     The sale price of a burial site in the Stockton City Cemetery and the burial fees for interment in the City cemetery shall be determined and established from time to time by the Board of Aldermen. 

B.     The Board of Aldermen shall determine and establish from time to time the amount of each burial site sale price to be set aside to the Perpetual Care Cemetery Fund as provided in Section 140.110.   

Section 140.120.  Burial Regulations. [Ord. No. 403, 2-23-2009] 

A.     Burial of cremated remains of bodies shall be permitted if in a durable container. 

1.      A regulation grave site shall be used for such interment and the prevailing price for such site shall be charged. 

2.      The ashes of not more than two (2) individuals shall be interred in a regulation grave site. 

3.      The interment of ashes will be permitted in a grave site that has already been purchased and used for a regular burial as long as the ashes of not more than one (1) individual is interred thereon. 

4.      The interred ashes must be properly identified at the site and recorded at City Hall. 

5.      Burial of cremated remains must be made by a designated City employee or agent.   

B.     Individual mausoleums (concrete box with a slab cover above ground) will not be permitted. 

C.     No foot stones, fences, walls or copings will be permitted except for stones supplied by the government for veterans. These must be set flush with the ground and the base shall not extend more than six (6) inches beyond the perimeter of the plaque. 

D.     All grave openings shall be made by a designated City employee or agent upon payment of the required fees. 

E.      The boundaries of the lot purchased may be designated by stone, metal or tile corner posts set flush with the ground. 

F.      No shrubbery, trees or flowers may be planted on the grounds or lots except by the City. 

G.     No vase or flower container intended to be of permanent nature, which is not a part of the monument, will be permitted. No "shepherd hooks" or similar poles for the hanging of flowers shall be allowed. 

H.     All containers, holders or supports of flowers not in accordance with the preceding rule will be removed from the lots when the flowers or plants have become withered or unsightly. The City is not responsible for the loss or destruction of such containers. 

I.       No headstone shall be placed on any lot until the purchase price for the lot has been paid in full and the City Clerk or designated person approves a permit to place a stone. 

J.       No headstones, foot stones or other markers and construction of any kind are to be placed or made in the cemetery until place and method of placement has been approved by the City. 

K.     The resale of lots and/or grave sites will be permitted after receiving prior approval by the City Clerk, providing the amount charged for each grave site does not exceed the amount of the original purchase price. Lots and/or grave sites may be donated to the cemetery for resale in which case the lots and/or grave sites will be resold as original grave sites for the prevailing charge per single grave site.   

Section 140.125.  Prohibited Activities. [Ord. No. 403, 2-23-2009] 

A.     It shall be unlawful to bury deceased persons in the City, except in the Stockton City Cemetery in compliance with the regulations set forth in the City Code. 

B.     Owners of lots and friends of persons interred therein may have access to the cemetery at all times when open, but no person shall loiter upon the grounds of the Stockton City Cemetery after 10:00 P.M. or before 5:00 A.M., and all minor children must be accompanied by a parent, guardian or other responsible adult. 

C.     All motor vehicles must keep to designated roadways and parking areas and must not be driven over or parked on areas set aside or used for burial purposes. 

D.     The cemetery is not to be used for recreational purposes by operators of motor vehicles or any other powered vehicles or for the riding of horses. 

E.      No person shall willfully destroy, disfigure or injure any wall, fence, ledge, monument, tombstone, tree or shrubbery around or within the City cemetery. 

F.      Violation of any provision set forth in this Section shall be punishable upon conviction under the penalty provisions of Section 100.220.     

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