Ames
Municipal CemeteryRules and Regulations
Persons desiring to purchase a lot or columbarium niche in a city cemetery are referred to the cemetery superintendent. The superintendent will have available information required and will be pleased to assist those desiring to make purchases. Upon having made a selection, the superintendent will issue a lot order to the prospective purchaser, who will present the order at the Finance Office of the City of Ames, where the lot sales will be made. The Sexton's report will be forwarded to the City Clerk, who will then issue a deed for the lot, or a certificate of rights for the columbarium niche, after payment for the lot is complete.
The terms "Lot Owner" or "Ownership" shall be construed to mean the right to use a lot or part of lot or columbarium niche, as purchased from the City for a consideration, for burial purposes only and under the existing or subsequent rules and regulations as prescribed by the City for such use. The term “Lot” shall include a columbarium niche, unless expressly stated otherwise. The terms “burial” or “interment” shall include use of a columbarium niche, unless expressly stated otherwise.
Upon full payment of the purchase price of a lot or columbarium niche the City will issue a cemetery deed or certificate of rights under its seal, which will be recorded in the records of the City as evidence of ownership of the lot or columbarium niche. Lots or fractional lots, for which deeds have been issued by the City, will not thereafter be divided except by consent of the City Clerk. All lots are exempt from taxation and cannot be seized for debt, except those owed to the cemetery, nor can they be mortgaged.
The City shall have the right to assume at all times that the lot owner acquired a lot for the interment of the owner and members of the owner's family. Unless otherwise directed in writing by the owner, filed with the City Clerk, the cemetery will permit the interment of members of the owner's family at the request of any interested person upon proof of eligibility for burial, as follows:
(a) The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.
(b) When there is no surviving spouse, 75 percent of the known heirs of the deceased lot owner, or, if the lot is devised under a will of the deceased lot owner, 75 percent of the devisees may, by written agreement, determine who shall have the right of interment or power to direct interment in said lot, which agreement shall be filed with the City Clerk.
(c) In the event the owner, devisees or heirs shall not have arranged for future interments, then the devisees or the heirs, as the case may be, of such owner shall have the right of interment in the order of their need.
Under certain restrictions, the City will issue a lease for a cemetery lot to those desiring to make partial payment at the time of the purchase and final payment at a later date. Such lease reserves to the City the right to resell unused portions of such lots upon failure to make final payment for the lot as specified in the lease.
Only such persons as names appear on the cemetery records of the City will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by will, a certified copy of the will must be delivered to the City Clerk before the City will recognize the change in ownership. If the deceased lot owner left no will, proof of heirship must be presented to the City Clerk. Lot owners, in making their wills, should include the cemetery lot and will it to one person.
The title to a cemetery lot vests in the owner the right to use such lot for burial purposes only, for themselves, their heirs, or for any such persons as they may choose to admit, in accordance with the cemetery Rules and Regulations.
Transfer may be made only by surrender of the original deed and issuance of new deeds by the City to the new owners of lots, or parts of lots, so transferred. Lot owners desiring to dispose of an unused lot may surrender the original deed to the City Clerk and be reimbursed by the City for the original purchase price of the lot. All profits above the original sale price on transfer or resale shall accrue to the benefits of the Ames Municipal Cemetery.
Prior to 1917, lots in the Ames Municipal Cemetery were cared for from the proceeds of lot sales, service charges and yearly assessments on lot owners if, and when, they could be collected. Such an indefinite and unreliable plan resulted in inadequate care. In 1917, the City assumed responsibility for the cemetery through transfer from the Ames Cemetery Association. In order to assure a more reliable means for permanent care, the City, by Ordinance No. 292, April 5, 1917, set up a perpetual care fund, from which the income provides maintenance of the cemetery. This fund is composed of a portion of money received from each lot sale. State law directs the minimum amount to be put into the fund and that the fund itself shall always remain intact, with only the annual income received from it being used toward furnishing care. The amount set aside into the fund from each lot sale will vary from time to time as determined by Council. A record of such amount as set by the City shall be kept on file in the offices of the City Clerk and cemetery superintendent. The fund may also be increased by gifts, bequests, a portion of memorial charges and other service revenues.
The term "Perpetual Care" shall be construed to mean the obligation that the City assumes to use the net annual income received from investment of the fund, in furnishing such care as is furnished to similar perpetual lots in the cemetery. Such care shall include maintaining a pleasing lawn, leaf disposal, filling sunken graves, caring for avenues, alleys, fences, buildings and grounds in general. It is understood that such expenditures shall be made at the discretion and under the direction of the officer in charge of the cemetery. The City shall not be bound to make a separate investment of the money set aside for perpetual care from a particular lot sale, but the same shall be added to the perpetual care fund of the City and the proceeds used by the City in the manner as provided. Nothing herein shall be construed as modifying any existing contract as to perpetual care.
Each lot in the cemetery (except a columbarium niche) will, prior to its sale, be suitably marked by the City with a metal or concrete post, placed on each lot corner and set level with the adjacent ground. To maintain accuracy and uniformity of marking, substitute or additional corner posts may not be used.
No mounds shall be raised upon any grave above the general level of the lot. Mounds are difficult to maintain, as the sod grows in an unnatural position and is easily injured by heat, drought and frost. The City reserves the right at any time to remove unsightly mounds and to re-sod the grave at the general level of the lot.
No hedges, fences or enclosures of any kind will be permitted on or around lots. Wooden boxes, wreaths, glass jars, bottles, toys, cans and other objects will not be permitted and will be removed by the City without notice. Flags and emblems may be used for a five-day period around May 30th or special days, but will be removed without responsibility for preservation, if still in place after the five days.
All landscaping, care of lots and other work in the cemetery will be done by the City. It is desired that each lot owner feel free to consult with those in charge of the cemetery at all times. Their advice and assistance will be given without charge, and may be of value to those contemplating the purchase of monumental work or of making lot improvements.
The cemetery reserves the right for its workers and those persons
necessary to performance of normal cemetery operation to enter upon
or cross over any lot in the cemetery in the performance of such
duties.
The cemetery or its employees assume no liability for damage, actual
or mental anguish, in the performance of its normal operations, or
loss by vandalism or other acts beyond its reasonable control.
The cemetery reserves the right to furnish, supply, and/or sell
to its patrons such items as may be normally used within the
cemetery, such as floral pieces, floral receptacles, grave
decorations, memorials, and vaults or other burial cases, etc.
The City reserves the right to amend or change rules and regulations
to conform with newly developed cemetery practice.
The City reserves the right to alter, change, or close alleys, roadways, water mains and other physical properties of the cemetery.
The cemetery will be open to visitors at all times between the hours of 8:00 a.m. and sunset. Permission to enter the cemetery at any other time must be obtained from the superintendent or Police Department.
Children under 14 years of age will be admitted only when accompanied by parents or guardians.
Persons or picnic parties with refreshments will not be admitted.
Dogs will not be allowed in the cemetery.
Firearms will be allowed in the cemetery only at Military funerals.
Motorcycles and horses will be allowed in the cemetery only at funeral processions or parades.
Snowmobiles will not be allowed in the cemetery.
Visitors are required to use the walks and drives and are forbidden
to trespass on cemetery lots, or pick any flowers, or injure any
shrub, tree or plant, or mar or deface any monument, stone or
structure in the cemetery.
Vehicles traveling within the cemetery shall proceed at a speed not to exceed 20 miles per hour.
All interments shall be made in a permanent-type outer container. The City reserves the right to supply a minimum quality outer case of sufficient strength to support earth covering at a cost plus handling charge if not otherwise supplied.
All graves shall be dug by the City under the direction of the superintendent. Depth of graves shall conform to ruling by the Iowa State Board of Health.
A charge for opening and closing a grave and the sodding and seeding of the mound will be made at a current rate set by the City, which shall be paid in advance of interment, and include opening of the grave, removal of excess material, refilling and sodding.
The interment of the bodies of persons who have died of a contagious disease shall be in strict accordance with the rules of the State Board of Health.
The lot owner or funeral director shall designate the location of the graves on the lot to the superintendent and any change of location made after the opening of the grave has begun shall be at the expense of the lot owner. When definite information for locating a grave is not available in ample time for grave preparation to meet the time requested for interment the cemetery will exercise its best judgment in making location in order that the requested time for interment may be met. The cemetery assumes no responsibility for any error in such location and an additional charge will be made for any change requested.
The cemetery superintendent shall be given 24 hours notice in summer and 36 hours notice in winter when the ground is frozen, for the opening and preparation of the grave prior to interment.
The interment of two bodies in one grave will not be allowed, except in case of mother and infant, cremations, twin children or two children buried at the same time. No interment of any body other than that of a human being will be permitted.
The superintendent or delegated representative is expected to attend every interment, and to see that the rules, regulations and strict proprieties of the cemetery are observed.
As soon as flowers, wreaths, emblems, etc., used at funerals, or placed on graves at other times, become unsightly and faded, they will be removed and no responsibility for their protection or maintenance is assumed.
Removals of bodies from graves in the cemetery will only be made by the City, in accordance with the requirements of the statutes of the State and the rules of the State Board of Health. Charges made by the City for removal will be made in accordance with the difficulty of the work and are payable in advance. The minimum charge shall be equal to twice the current charge for opening a grave of similar size.
Lot owners or their heirs desiring graves opened shall secure the necessary disinterment permit from the State and deliver the same to the cemetery superintendent. All removals will be made by the City under the supervision of a licensed embalmer.
For sanitary reasons, graves will not be reopened for inspection, except for official investigation.
All stone and monumental work shall be subject to the following regulations and requirements:
All memorial foundations shall be placed on solid ground, not included in actual grave space, except where the grave liner is of a permanent type and of sufficient strength to support the weight of the foundation and memorial, and will not interfere with future grave openings.
Each monument or grave marker shall rest on a foundation approved by the City and paid for by the lot owner. Charges for foundation work will be in accordance with those currently in effect, except for very large monuments or those requiring special foundation design. Such foundations shall be specifically approved by the cemetery superintendent before construction and the charges for such work will be made in accordance with the requirements for such work.
Grave markers will be set according to regulations specified by the City. For large monuments the City reserves the right to require the construction of a foundation of such material, size and design as will provide ample insurance against possible settlement or injury to the stone work. The top of the concrete foundation will be constructed approximately one inch below the base of the stone work, to permit the monument or marker to be set in a bed of cement mortar evenly covering the concrete base.
The setting of monuments, stones, and markers and the transportation of all tools, materials, etc., within the cemetery grounds shall be subject to the supervision and control of the superintendent. Heavy trucking will not be permitted within the cemetery when such work might cause injury to the driveways.
All grave markers, sometimes called "headstones" or "footstones," shall be of bronze or a single piece of standard granite corresponding in color to the monument on the lot. All lettering will be on the upper surface of the stone and flush with or below the stone surface. No raised lettering will be permitted. Grave markers shall preferably be set at the end of the grave nearest the front of the lot.
On a lot containing both a family monument and individual grave markers, the individual grave markers shall be placed with top surface at ground level.
Stone or monumental work will not be permitted on a lot until the lot is fully paid for, and the City reserves the right to refuse permission to erect any monumental work not in keeping with the good appearance of the grounds.
Stone work or monumental work once placed on its foundation shall not be removed, except by permission of the superintendent of the cemetery.
The following restrictions regarding monuments and grave markers apply to the sections of the cemetery as designated below:
"Unrestricted Monument Sections." Certain designated portions of the older part of the cemetery have unrestricted monument privileges, which permit the erection of monuments or grave markers of any selected size and design where lot area is sufficient to place monuments on solid grounds and will not interfere with future grave openings.
"Restricted Monument Sections." In these sections of the cemetery, monuments larger than double headstones will be permitted only on designated lots containing a minimum of 180 square feet, and when individual grave markers are used in addition to the family monument the top surface of such markers must be flush with the natural ground level. On lots containing less than 180 square feet of area, only grave markers may be used and may extend not to exceed three inches above the natural ground level. The base area of memorials in such sections may not exceed six percent of lot area.
"Burial Park Sections." Certain sections of the cemetery have
been designated as "Burial Park Sections". In such sections, no
monuments or grave markers will be permitted which extend more than
three inches above the ground surface of the lot. Horizontal grave
markers or monuments on lots in these sections may not exceed six
percent of the lot area.
Other Burial Park Sections have been designated for the use of
flush-type memorials only. In such sections, memorials shall not
extend above the surface of the lot and may not exceed six percent
of the lot area.
VAULTS, MAUSOLEUMS and COLUMBARIUMS
Vaults and mausoleums may be placed only on such lots as may be set aside or designated by the City for such structures. All applications for permits to erect such structures shall be made in writing to the City Manager. Complete plans and specifications of the proposed construction, including details of materials, workmanship, method of constructions, etc., shall accompany such application and the approval of the City Manager shall be obtained before any construction work is begun. The right is reserved to prohibit the erection of any structure that is not considered safe, suitable or desirable.
Before any vault or mausoleum may be erected, the lot owner will be required to deposit in the Perpetual Care Fund of the City such amounts as the City may deem necessary as a trust. The income from which is to be used in the care and maintenance of the structure and the ground. Such amount shall be less than 10 percent of the cost of the structure.
Vaults or mausoleums will not be permitted on lots containing less than 400 square feet and the portion of the lot occupied by the building shall not exceed 25 percent as determined by the City.
A minimum setback of five feet shall be required between the vault or mausoleum and the lot line. Where the vault or mausoleum exceeds five feet in height the setback shall be five feet plus one foot for each additional foot or fraction over five feet in height.
A columbarium shall have no attachments to the niche plates other than standard name and date plaques. The bronze niche plaque must be provided by the manufacturer of the columbarium through the Ames Municipal Cemetery.
All landscaping including planting of trees, shrubs and flowers will be done by the cemetery. Lot owners are urged to consult with the superintendent regarding matters pertaining to the general beautification, care and maintenance of lots in the cemetery. Existing individual lot plantings may be removed by the City when they become unsightly or undesirable and may not be replaced.
Until recent years, indiscriminate plantings of trees, shrubs and flowers on the cemetery lot was common practice. This was well and good when cemeteries were small and cared for largely by individual lot owners. As they grew in size and lot owners passed away or migrated to other localities, care and maintenance was left more and more to cemetery management to perform. In time, this became a problem of increasing proportions for the cemetery from the standpoint of finances and labor required to do the job and general landscape appearance.
A growing tendency has developed, through maintenance problems and a desire by lot owners, to concentrate cemetery plantings in the hands of the cemetery with much nicer appearance and better maintained cemeteries as a result. The Ames Cemetery has proven to be no exception to this growing practice.
Sentiment is a definite part of a cemetery and most people want to do something in memory of departed loved ones. This is a natural and commendable desire. Consequently, a provision is made whereby this expression may be made through a fund that anyone may contribute to. The fund will be used to provide overall landscape effects not otherwise possible.
Fresh cut flowers may be used and will remain until, in the judgment of the cemetery, they become wilted or unsightly. Containers for cut flowers are to be of a type level with the ground surface and not holding water when not in use; or of the type to be disposed of when flowers are removed.
Potted plants may be set on lots, without disturbing sod, on special occasions such as Memorial Day, birthdays, anniversaries, etc., but, if not removed within five days, will be picked up and destroyed if unsightly, or preserved for use in beds within the cemetery if suitable.
No person will be permitted to trim, prune or remove branches from any tree or ornamental shrub in the cemetery whether on their lot or not. All work of pruning or trimming trees and shrubs shall be done by the superintendent or under the directions of the superintendent. Upon request the superintendent will do any pruning needed without charge.
Plants or flowers may not be taken up or removed from the cemetery or cuttings removed from plants without permission from the superintendent or under the superintendent's directions. The observance of this rule is necessary to prevent the theft of plants. Many plants, especially vines, interfere with the proper care of the lots and graves and injure the grass. Such plants will be removed when found objectionable. All grave and flower beds will be cleaned of tender plants after the first frost in the fall.
The payment of all fees and charges shall be made at the City Finance Office in City Hall, where receipts will be issued for all amounts paid.
A schedule of fees and charges, as established by the City, shall be on file in the office of the superintendent and the City Finance Office. The schedule may be changed from time to time without advance notice to conform with current economic conditions.
The price of lots shall, in all cases, include an amount for perpetual care at least equal to the minimum amount stipulated by Iowa State Law. Lot owners or others may voluntarily increase endowments through additional contributions or bequests.
It is urged that lot owners interest themselves in the present and future care of their lots, as a single neglected lot mars the beauty of an entire section.
It is important that care be taken in selecting a monument to get a design, which will harmonize with its surroundings and not be a monotonous repetition of other stones in the cemetery. Marble monuments are not permanent in this climate and their use should be avoided. Granite offers the greatest permanence of any of the stones commonly used. It is desirable that the cemetery superintendent be consulted before ordering monumental work.
Prospective patrons may feel free to visit the cemetery for information without obligation or pressure to select. Lot owners are urged to feel free to contact the cemetery at any time if the meaning or intent of these Rules and Regulations are not clear or if other information is desired.