This chapter shall be known and cited as the "Rosehill Cemetery
Ordinance."
The Charter Township of East China Board recognizes and concludes
that the proper and reasonable maintenance, appearance and use of
the cemetery owned or controlled by the Township is an important function
of the government of the Township. It is also important that burials,
disinterments and other matters associated with a municipal cemetery
are handled in a respectful and proper way in order to promote the
safety, public health and general welfare of the community. The Township
Board finds that the adoption and enforcement of this chapter is in
the best interests of the property owners and residents of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
BURIAL RIGHTS
The burial rights acquired by the party named herein and
evidenced hereby may not be transferred, assigned or conveyed except
back to East China Charter Township in exchange for the refund of
the original purchase price, excluding the Cemetery Maintenance Fund
care cost paid when the burial rights were purchased.
[Added 7-3-2023 by Ord. No. 325]
A.
Whenever a lot is conveyed to an individual owner, the whole
of such lot becomes inalienable and shall be held as a family lot
of the owner. One grave site may be used for the owner's interment
or may be used for the interment of a surviving spouse of the owner,
and those remaining may be used for the parents and children of such
deceased owner.
B.
In the event there is no spouse, parent or child surviving an
owner, the right of interment shall go to the next heirs at law of
the deceased owner.
C.
If there are no surviving heirs of the owner and/or the grantee
waives the right of interment shall convey back to East China Charter
Township in exchange for the refund of the original purchase price,
excluding the Cemetery Maintenance Fund care cost paid when the burial
rights were purchased.
D.
No transfer or assignment of burial right site shall be valid
without properly recording of assignment of burial lots and name change
with the Township Clerk.
CEMETERY PLOT
Shall consist of an area in the Township cemetery sufficient
to accommodate one burial space for one deceased person. It shall
consist of a land area at least 40 inches wide and 96 inches in length.
Exceptions may be made, with Township permission, to accommodate an
infant burial or the burial of cremains.
COLUMBARIUM
Shall consist of a structure containing a group of niches
in the Township cemetery. Each niche is sufficient to accommodate
two inurned cremains.
[Amended 7-3-2023 by Ord. No. 325]
A. One flower pot in a Township-approved stand may be placed and maintained
at the head stones of graves. The contents must be maintained or contents
will be subject to removal. Veteran flags and flag holders shall be
governed by the Veterans Administration rules and guidelines. Grave
blankets may be placed on graves no earlier than November 15 of each
year and must be removed no later than April 1 each year.
B. No grading, leveling or excavating within a cemetery shall be allowed.
Furthermore, no tree, shrub, landscaping or similar plantings shall
be allowed.
C. The Township Board reserves the right to remove or trim any existing
trees, plants or shrubs located within a cemetery in the interest
of maintaining proper appearance and the use of the cemetery.
D. Mounds, bricks, blocks and any borders are prohibited.
E. The Township Sexton shall have the right and authority to remove
and dispose of any and all growth, emblems, displays, statues, containers
and other items
F. Surfaces other than earth or sod are prohibited.
G. All refuse of any kind or nature, including, but not limited to,
dried flowers, wreaths, papers and plastic flower containers, must
be removed from the cemetery within 10 days after a burial.
H. No glass containers or items are allowed.
Every person who enters, remains in and travels within the Township
cemetery does so at his/her own risk. The Township is not responsible
for any injury, accident or other calamity that might occur to any
person present in the Township cemetery. Furthermore, the Township
is not responsible for any damage or vandalism to, theft of or deterioration
of any burial monument, headstone, hanging flower pot or any other
item placed at or near a cemetery plot, burial site or anywhere in
the Township cemetery. The purchaser or transferee of any cemetery
plot and columbarium niche or the equivalent (and all subsequent transferees,
assigns, heirs, or beneficiaries) hereby releases, waives, indemnifies
and holds harmless the Township for, from and against any injury,
damages, causes of action, claims, costs and expenses associated with,
relating to and/or involving the cemetery plot or similar right, any
headstone, monument or similar items, and any matter related to the
cemetery involved. Such waiver, release and hold-harmless provision
shall apply not only to the Township, but also as to the Township
Sexton and any Township employee, officer, official or agent.
Cemetery plots, columbarium niches or burial spaces sold after
the effective date of this chapter and remaining vacant for 40 years
or more from the date of their sale shall automatically revert to
the Township upon the occurrence of the following events:
A. Notice
shall be sent by the Township Clerk by first-class mail to the last
known address of the last owner of record informing him/her of the
expiration of the forty-year period and that all rights with respect
to said plots, niches or spaces will be forfeited if he/she does not
affirmatively indicate, in writing, to the Township Clerk within 60
days from the date of mailing of such notice of his/her desire to
retain such burial rights; and
B. No written
response to said notice indicating a desire to retain the cemetery
plots, columbarium niches or burial spaces in question is received
by the Township Clerk from the last owner of record of said plots
or spaces, or his/her heirs or legal representative, within 60 days
from the date of mailing of said notice.
C. Upon the
discretion of the Township to sell forfeiture lots or to remain vacant.
[Added 7-3-2023 by Ord. No. 325]
The Township may repurchase any cemetery plot or columbarium
niche from the owner upon the written request of said owner or his
or her legal heirs or representatives.
The Township Clerk shall maintain records concerning all burials,
cemetery plots, columbarium niches, issuance of burial permits and
any other records of the Township related to Township cemeteries,
and the same shall be open to public inspection at all reasonable
business hours.
Unless otherwise specified by the Township Board by resolution,
all Township cemeteries shall be closed during the hours from 9:00
p.m. until 7:00 a.m. During those hours, no person shall be present
in a Township cemetery. Such prohibition on being present in a Township
cemetery during the time when a Township cemetery is closed shall
not apply to the Township Sexton, any Township official, a person
accompanied by the Township Sexton or other Township official, or
any law enforcement or fire-fighting official when engaged in the
lawful duties of any such office or position.
The Township Board shall have the authority to set fees pursuant
to this chapter from time to time by resolution. Such fees can include,
but are not limited to, a fee or fees for a burial permit, disinterment
permit, grave opening, niche opening, setting of foundations, grave
closing, winter or holiday burial, the price for a new cemetery plot
or columbarium niche, maintenance fund, transfer fees for cemetery
plots, columbarium niche markers and other matters. Cemetery maintenance
funds will only be disbursed by motion of the Township Board.
Any monument, marker, planting, trellis, personal item, urn,
flowers or foliage (whether real or artificial), structure, flag (except
for lawful veterans flags), or other item that has been placed, installed,
left or maintained in any Township cemetery in violation of this chapter,
any Township rule or regulation regarding Township cemeteries, or
any county, state or federal law, statute or regulation may be removed
by the Township from the Township cemetery at any time and destroyed
or disposed of by the Township without any prior notice to, permission
from, or liability or obligation to the person or persons who left,
installed, maintained or kept such item in the Township cemetery.
No such item (including, but not limited to, a monument, marker, planting,
trellis, personal item, urn, flowers or foliage, structure, flag,
or similar item) can be installed, placed, maintained or kept in a
Township cemetery unless expressly authorized by this chapter or a
written rule or policy of the Township. Even if such an item is authorized
to be installed, kept, maintained or left in a Township cemetery,
the Township shall still have the discretion to remove any such item
at any time and dispose of the same without prior notice to, consent
from or liability to the person or persons who installed, maintained
or left such item in a Township cemetery.
Unless otherwise specified by the Township Board by resolution,
the following officials or officers shall have the authority to enforce
this chapter and to issue municipal civil infraction citations/tickets
pursuant to this chapter:
D. Township
Zoning Administrator.
E. Township
Ordinance Enforcement Officer.
F. Any Deputy
of the St. Clair County Sheriff’s Department.
G. Any State
Police officer.