Cemetery

HISTORIC ST. JOHNS LUTHERAN CEMETERY
LAKE ELMO, MINNESOTA


GENERAL RULES AND REGULATIONS

1. Rules and regulations of the cemetery and prices for burial spaces and services are made by the cemetery committee and become effective upon the approval of the church board.
The cemetery may, and it hereby expressly reserves the right, at any time, with or without
notice to lot owners, to adopt new rules and regulations, or to amend, alter, and/or repeal any
rule, regulation, and/or article, section, or paragraph in these Rules and Regulations. Special
cases may arise in which the literal enforcement of the rule may impose unnecessary hardship.
The cemetery therefore, reserves the right, without notice, to make exceptions, suspensions, or
modifications in any of the Rules and Regulations when, in its judgement, the same appear
advisable, and such temporary exceptions or modifications shall in no way be construed as
affecting the general application as such.

2. Members of St. Johns Lutheran Church, immediate family members, or fellow worshipers will
be able to purchase lots within the cemetery. The cemetery committee reserves the right to
deny acceptance or sell lots as deemed appropriate.

3. All lots in the cemetery are to be sold in accordance with the provisions of the laws of the state of Minnesota and shall not be used for any other purpose than as a burial for dead human
beings.

4. Lots must be paid in full before a burial is made. Full purchase price must be paid before a
Certificate of Ownership is issued.

5. The cemetery issues to each owner of the rights of burial for its lots a Certificate of Ownership describing the location and name the owner or owners of said location. The naming of more than one owner is indicative of joint ownership in common with rights of survivorship. The Insurance of such certificate is the cemetery’s sole form of recognition of ownership. Possession of the Certificate by a person who is not listed on the Certificate is not in itself evidence of ownership. Purchasers of lots simply acquire the right of burial.

6. The owner of interment rights hereunder may dispose of same by will or, should the owner die
in the state, such interment rights shall pass according to the laws of this state governing
intestacy provided, however, the cemetery shall not be bound by such transfers unless and until
an exemplification of record of same has been presented to it and such change has been
recorded on the books and records of the cemetery. Any plot, in which there are no burials,
entombments, or cremation urns, may be transferred to a new owner, providing the original
Certificate of Ownership is submitted to the cemetery together with a proper transfer
agreement.

7. As of July, 2017, in the event of loss or destruction of Certificate of Ownership and upon the
presentation of a written request, accompanied by a properly executed affidavit by the owner
setting forth the circumstance of the loss or destruction and indemnification for the cemetery,
the cemetery will prepare a duplicate Certificate from its records.

8. Lot owners are prohibited from allowing interments to be made on their lots for compensation.

9. If a lot owner sells title to his or her lot, as provided by these regulations, he or she must pay any and all indebtedness due the cemetery before such transfer of title will be allowed. Such as the balance between the old fee and that of the current fee.

10. All lot owners are required to notify the cemetery of any changes of address. All notices will be sent to the last recorded address and such notices shall be deemed adequate. Update phone
numbers and email addresses are also accepted.

11. The cemetery will take all reasonable precautions to protect lot owners and their property
within the cemetery from loss, damage, vandalism, or injury, but it shall not be responsible for
any loss, damage, or injury.

12. The use of the cemetery land as a thoroughfare will not be permitted.

13. Bicycles, skates, snowmobiles, motorcycles, horses, etc., may not be used on cemetery lands except with the approval of the cemetery. Pets are not permitted except when kept on a leash or in a vehicle. Any mess committed by a pet is the responsibility of the owner to clean.

14. The cemetery shall have the right to enter upon or use any adjoining lot or lots to carry out its duties as to Interments, erection of monuments or markers, etc., without prior notice to lot
owners.

15. No signs, notices, or advertisements of any kind shall be allowed in the cemetery unless placed by the cemetery.

16. Peddling of any kind or soliciting the sale of any commodity, other than by the cemetery is
prohibited within the confines of the cemetery.


INTERMENT AND FUNERAL REGULATIONS

17. Interment into a lot are restricted to those entitled to burial therein according to these rules
and regulations.

18. Effective 2017, all casket interments will be placed feet to the east and head to the west. All markers and monuments will be placed at the head of the plot with names facing east.

19. The cemetery shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made or where the rules and regulations have not been complied with.

20. The use of one grave space shall be limited to interments as follows unless otherwise permitted by the cemetery:
    A) One adult burial, or
    B) One adult burial and one infant burial, or
    C) Two urns of cremated remains.

21. No disinterment will be allowed without permission of next of kin, the lot owner, the cemetery, and proper authorities.

22. The cemetery shall in no way be liable for any container, receptacle, or urn of cremated remains placed in any lot. A permanent type of urn is required for ground interment of cremated
remains. The scattering of cremated remains over a family plot is prohibited.


FLOWER AND DECORATION REGULATIONS

23. The cemetery reserves the right to remove all flowers, wreaths, flags, or other decorations from lots as soon as they become unsightly. The grounds will be cleared of decorations twice a year. Spring clean-up begins April 15th, and Fall cleanup begins October 15th. In order for a family to save any decorations placed on a grave, the decoration should be removed prior to these dates.  New decorations may be placed beginning May 15th and November 15th respectively.

24. Flags may be placed on graves on Memorial Day, the Fourth of July, Flag Day, and Veteran’s Day. Flags should be kept to 12” by 18” in size or smaller. Flags are subject to removal by cemetery within ten (10) days of the Holiday.

25. Items not allowed to be placed on a lot within the cemetery include the following: coping,
curbing, decorative rocks, fencing, hedging, grave mounds, borders, or enclosures. No
decorations of any type are permitted in trees or cemetery plantings.

26. Individual graves are not permitted to have trees or shrubs. Any such tree or shrub not
approved by the cemetery may be removed without notice to the lot owner.

27. Glass is prohibited at all times.

28. The cemetery will have the right to remove all objects whose appearance and condition warrant removal and/or violate the cemetery’s rules and regulations. The cemetery will not be liable for any flower or decoration removed or lost by any cause.


MARKERS AND MONUMENTS

29. No marker or monument will be accepted by the cemetery for installation unless a sketch has been furnished defining the dimensions, material, content, and lettering, and permission from the lot owner or proper agent of the person having burial rights in the grave to be marked. All markers and monument foundations shall be placed by approved producers or retail dealers.

30. Markers must be placed within one (1) year of interment.

31. All fees or encumbrance due on a lot must be paid in full prior to any memorial being placed on the lot, including installation fee.

32. In the event a memorial is placed where it is necessary to remove it for another interment or
disinterment, the cemetery shall have the right to remove such memorial without notice to the
lot owner.

33. The cemetery may, without liability, correct any error that may occur in the placing of a
foundation or memorial.

34. Memorials shall be set in accordance with the general plan of the cemetery. No more than one (1) memorial may be placed on a grave, unless approved by the cemetery.

35. No protective glass or breakable materials of any kind will be allowed on the memorials or
monuments.



All rules and regulations are subject to change at the discretion of the cemetery committee.

Revised 11/12/2017