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City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[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.