[R.O. 2014 §125.010; Ord. No. 27 §8, 5-13-1952]
There is hereby established a Board, to be known as the Cemetery
Board, which shall have the duty and responsibility of supervising
and controlling the City Cemetery and all additions thereto subject
to the rules and regulations set forth by this Chapter and any and
all other ordinances hereafter passed by the Board of Aldermen of
the City of Marshfield.
[R.O. 2014 §125.020; Ord. No. 27 §9, 5-13-1952]
It shall be the duty and responsibility of said Cemetery Board
to report annually at the regular meeting in May to the Board of Aldermen
the general condition of said Cemetery and to make recommendations
to said Board of Aldermen as to any action which should be taken to
better promote the general welfare of said Cemetery.
[R.O. 2014 §125.030; Ord. No. 27 §10, 5-13-1952; Ord. No. 1147 §1, 6-23-2005]
Said Cemetery Board shall be composed of six (6) members, each
of whom shall be a taxpaying citizen of the City of Marshfield, to
be appointed by the Mayor, subject to the approval of the Board of
Aldermen. Three (3) members of said Cemetery Board shall be appointed
at the regular meeting in May of each year and shall serve for a period
of two (2) years. The Board shall annually elect one (1) of its members
as Chairman and one (1) of its members as Vice Chairman. No Chairman
or Vice Chairman shall serve for more than two (2) consecutive terms.
[R.O. 2014 §125.040; Ord. No. 27 §11, 5-13-1952]
The Cemetery Board is hereby authorized and empowered, subject
to the approval of the Board of Aldermen, to employ at such salary
as to the Cemetery Board may seem reasonable and proper a Superintendent
of said cemetery who shall have direct charge of the cemetery grounds
under the direction and control of said Cemetery Board.
[R.O. 2014 §125.050; Ord. No. 27 §12, 5-13-1952]
The Cemetery Superintendent is hereby authorized and empowered
to care for and protect the cemetery grounds and their appurtenances,
to enforce the rules and regulations properly made for the governing
of said cemetery, to attend to repairs and construction of improvements
and the maintenance of all permanent improvements and embellishments
of any kind which tend to beautify said cemetery or preserve it permanently
as a place of burial for the human dead, to maintain order in said
cemetery, to supervise and oversee all workman, visitors and drivers,
to expel those who disregard his orders, to inspect all materials
sought to be taken into said cemetery and to refuse entrance thereof
when necessary and to require the prompt removal of all trash and
building materials as soon as the buildings or work for which the
material is used are completed. In addition, he/she shall possess
such further authority and power as may at any time hereafter be conferred
upon him/her by ordinance.
[R.O. 2014 §125.060; Ord. No. 27 §13, 5-13-1952; Ord. No. 486 §1, 6-27-1985; Ord. No. 695 §§1 — 2, 5-26-1994; Ord. No. 1218 §1, 6-22-2006; Ord. No. 1242 §1, 12-14-2006; Ord. No. 1243 §1, 12-14-2006; Ord. No. 1244 §1, 12-14-2006; Ord. No. 1250 §1, 1-11-2007; Ord. No. 1382 §1, 6-25-2009; Ord. No. 1383 §1, 6-25-2009; Ord. No. 1627 §1, 6-26-2014; Ord.
No. 1960, 8-27-2020]
A. All
lots in the City Cemetery and all additions thereto shall be held
and used in accordance with such rules and regulations as may by ordinance
of the Board of Aldermen of the City of Marshfield be provided, whether
now in force or hereinafter enacted, and such rules and regulations
as may now or hereinafter be provided by the Cemetery Board; and all
owners of lots and their heirs shall be under and subject to the provisions
of the constitution and laws of the State of Missouri.
B. No
lot, or part of lot, shall be used for any purpose other than the
burial of the human dead with all graves running East and West and
with the head of all graves at the West.
C. No
transfer or assignment of any lot or any part thereof, of any interest
therein, by any lot owner, shall be valid without the written consent
of the Mayor and City Clerk first obtained and endorsed upon the instrument
evidencing such transfer or assignment and such assignment or transfer
entered on the cemetery record in the office of the City Clerk.
D. No
fencing, railing, curbing or material of whatsoever kind or nature
shall be placed on any lot, or part of lot, for the purpose of defining
the boundaries thereof or for any other purpose and no seat, vase,
wire work, rock work, or other architectural object of any kind or
nature shall be allowed on or about any lot, or part of lot, except
as provided in the rules and regulations governing the cemetery.
E. No
trees, shrubs, plants, vines, or flowers of any kind shall be placed
upon any lot or grave; except, however, that the placing of cut flowers
on graves shall be permitted.
F. Mounds
over graves shall not be permitted or allowed but all graves shall
be level with the established grade.
G. No
lot shall be filled above the established grade.
H. The
right is reserved in the sale of any lot, or part of lot, to remove
therefrom anything which in the opinion of the Cemetery Board conflicts
with these rules and regulations.
I. One
(1) marker, monument or tombstone shall be permitted for each grave
and if one (1) marker or monument is used to mark or designate more
than one (1) grave, it shall be centered so as to add to the beauty
and conform to the general plan for said cemetery. All markers or
monuments shall be installed under the general supervision of the
Superintendent of the cemetery and shall be set only with permission
of the Superintendent.
J. All
markers, monuments or tombstones shall be set on concrete foundations
or bases which shall extend at least eighteen (18) inches below the
surface of the ground and shall not extend above the surface of the
ground. Such foundations or bases shall be at least four (4) inches
wider on all sides than the monument, tombstone or marker which is
to be placed on said foundation or base.
K. The
digging of all graves shall be done by the Cemetery Superintendent
or under his/her direct supervision and with his/her consent. Prices
to be charged by the Superintendent for the digging of graves shall
be set by the Cemetery Board and furnished to the City of Marshfield
Collectors Office. Also, prices to be charged by the Superintendent
for the opening of graves, or the doing of any other work in connection
therewith shall be set from time to time by the Cemetery Board. The
Cemetery Board will increase a regular grave opening from three hundred
fifty dollars ($350.00) to four hundred fifty dollars ($450.00), an
infant grave opening from one hundred dollars ($100.00) to one hundred
fifty dollars ($150.00), and a cremation opening from fifty dollars
($50.00) to one hundred dollars ($100.00). The Cemetery Board may
establish a reasonable fee which may be additionally charged if subterranean
rock is encountered while a grave is being dug.
[Ord. No. 2012, 11-22-2021]
L. All
internments and funeral processions shall be kept on the established
driveways and all persons present during any funeral shall conduct
themselves properly and in accordance with all rules and regulations
made for the governing of said cemetery.
M. No
chat, gravel or sand shall be used to fill or cover any lot in the
cemetery except under the direction and control of the Superintendent.
N. The
duly appointed Cemetery Board may from time to time make any further
or additional rules and regulations for the management, improvement,
regulation, protection and government of the City Cemetery and additions
thereto which are not inconsistent with any ordinance of the Board
of Aldermen of the City of Marshfield, and all rules and regulations
so made by the said Cemetery Board shall have the same force and effect
as though passed by ordinance of the Board of Aldermen.
O. All
lots must be paid for in advance of their use, or a valid contract
entered for their purchase, and satisfactory arrangements must be
made with the Superintendent for the payment of all other charges
before use of lots. The cost of a lot in a cemetery for a resident
of the City of Marshfield, Missouri, will increase from two hundred
dollars ($200.00) to three hundred dollars ($300.00); the cost of
a lot for a non-resident of the City of Marshfield, Missouri, will
increase from three hundred fifty ($350.00) to four hundred fifty
dollars ($450.00).
[Ord. No. 2012, 11-22-2021]
P. Visitors
are welcome in the cemetery, but everyone is reminded that the cemetery
grounds are sacred and that a strict observance of proper decorum
will be required of all. The City Cemetery will be open to visitors
from 6:00 a.m. to 6:00 p.m. during those times of the year when central
standard time is followed, and will be open to visitors from 6:00
a.m. to 8:30 p.m. during those times of the year when central daylight
time is followed.
Q. Any
person, firm, corporation or association who shall violate any of
the rules or regulations of either the Board of Aldermen or the Cemetery
Board which may now or hereinafter be in force shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not more
than five hundred dollars ($500.00) or imprisoned for a period not
exceeding ninety (90) days, or by both such fine and imprisonment.
R. All
grave opening and grave digging, delivering and installing of burial
vaults, and delivering and installing of monuments and grave markers
shall be done under the direct supervision of the Superintendent,
who shall specify and ensure that the cemetery grounds are not damaged.
During periods of wet weather, the Superintendent shall specify the
precautions to be taken to prevent damage to cemetery grounds.
S. No
person, firm, partnership or corporation shall be allowed to dig graves,
deliver and install burial vaults, or deliver and install monuments
or grave markers in the City Cemetery until said person, firm, partnership
or corporation has filed with the City Clerk of the City of Marshfield,
a certificate of insurance showing that said person, firm, partnership
or corporation has liability insurance in an amount not less than
fifteen thousand dollars ($15,000.00) covering all damage to persons
and property in said City Cemetery by said person, firm, partnership
or corporation. Any person, firm, partnership or corporation digging
graves, delivering and/or installing burial vaults, delivering and/or
installing monuments or grave markers in the City Cemetery will be
responsible for and shall immediately pay for all damages done to
the City Cemetery grounds, roadways, grave markers and other property
located in the City Cemetery.
T. All
new grave markers located in the new area of the City Cemetery shall
be installed and placed in such a way that the highest point on said
grave marker, monument, or tombstone, shall be level with the ground.
The Superintendent of the City Cemetery shall designate on a map of
the City Cemetery the "new area" of the City Cemetery where this regulation
applies, and a copy of the map of the City Cemetery designating said
"new area" shall be delivered to the purchaser of each lot or part
of a lot.
U. A concrete
box or vault is required to place the casket in.
V. No
funerals are to be conducted on any legal or observed holiday. Holidays
that fall on Saturdays will be observed the Friday before the holiday.
Holidays that fall on Sunday will be observed on the Monday following
said holiday.
W. No
funerals or graveside services shall be scheduled to start after 3:00
p.m.
X. No
funerals allowed on Sundays.
Y. There
shall be no dogs, except for service dogs, allowed in the City Cemetery.
Z. All
graves shall be dug to a depth of four and one-half (4 1/2) feet.
AA. No
grave spaces shall be sold or selected on weekends, holidays or observed
holidays.
AB. No
internment services shall be allowed on any Saturday if the grave
space has not been selected, identified, or coordinated with City
of Marshfield staff by 10:00 a.m. on the Thursday prior to the funeral.
There shall be no expectation for a grave space to be selected and
opened in the same day.
AC. No
internment services shall be allowed on any Monday before 1:00 p.m.
if the grave space has not been selected, identified, or coordinated
with City of Marshfield staff by 10:00 a.m. on the Friday prior to
the funeral. There shall be no expectation for a grave space to be
selected and opened in the same day.
[R.O. 2014 §125.070; Ord. No. 27 §14, 5-13-1952]
The foregoing rules and regulations consisting of Section
125.060 of this Chapter shall be caused to be published and delivered to the purchaser of each lot or part of lot.
Pursuant to Section 214.010, RSMo., any person violating any of the rules and regulations set forth in this Chapter at or within a cemetery owned by the City of Marshfield shall be subject to a penalty as set out in Section
100.240 of this Code. In addition to any other penalty, the offender shall be ordered to pay restitution for any damage or loss to the property.