This chapter shall be known and cited as the "Charter Township of Huron Cemetery Ordinance."
[HISTORY: Adopted by the Township Board of the Charter Township of Huron 10-9-1985 by Ord. No. 85-7 (Part 162 of the 1995 Compilation of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Shall consist of a land area four feet wide and 10 feet in length.
Shall consist of burial spaces sufficient to accommodate from one to six burial spaces.
Shall consist of a land area three feet wide and 3 1/2 feet in length in areas set aside specifically for such burials.
A.
Hereafter, cemetery lots or burial spaces shall be sold only to residents or taxpayers of the Township for the purpose of the burial of such purchaser or his or her heirs at law or next of kin. No sale shall be made to funeral directors or others than as heretofore set forth. The Township Clerk, however, is hereby granted the authority to vary the aforesaid restriction on sales where the purchaser discloses sufficient personal reason for burial within the Township through previous residence in the Township or relationship to persons interred therein.
B.
All such sales shall be made on a form approved by the Township Board, which grants a right of burial only and does not convey any title to the lot or burial space sold. Such form shall be executed by the Township Clerk.
C.
Burial rights may only be transferred to those persons eligible to be original purchasers of cemetery lots or burial spaces within the Township and may be effected only by endorsement of an assignment of such burial permit upon the original burial permit form issued by the Township Clerk, approved by said Clerk, and entered upon the official records of said Clerk. Upon such assignment, approval and record, said Clerk shall issue a new burial permit to the assignee and shall cancel and terminate upon such records, the original permit thus assigned.
A.
The purchase price and transfer fees will be set by the Township Board by resolution.
B.
The foregoing charges shall be paid to the Township Treasurer and shall be deposited to the cemetery fund for the particular cemetery involved in the sale or transfer.
C.
The Township Board by resolution may periodically alter the fees to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisition.
A.
The opening and closing of any burial space, prior to and following a burial therein, and including the interment of ashes, shall be at a cost to be determined from time to time by resolution of the Township Board, payable to the Township.
B.
No burial spaces shall be opened and closed except under the direction and control of the cemetery sexton. This provision shall not apply to proceedings for the removal and reinterment of bodies and remains, which matters are under the supervision of the local health department.
A.
All markers or memorials must be of stone or other equally durable composition.
B.
Any large upright monuments must be located upon a suitable solid foundation to maintain the same in an erect position.
C.
Only one monument, marker or memorial shall be permitted per burial space.
D.
The footing or foundation upon which any monument, marker or memorial must be placed shall be constructed by the Township at cost to the owner of the burial right.
A.
Only one person may be buried in a burial space except for a mother and father or two children buried at the same time.
B.
Not less than thirty-six-hour notice shall be given in advance of any time of any funeral to allow for the opening of the burial space.
C.
The appropriate permit for the burial space involved, together with appropriate identification of the person to be buried therein, where necessary, shall be presented to either the cemetery sexton or the Township Clerk prior to interment. Where such permit has been lost or destroyed, the Township Clerk shall be satisfied, from his or her records, that the person to be buried in the burial space is an authorized and appropriate one before any interment is commenced or completed.
D.
All graves shall be located in an orderly and neat appearing manner within the confines of the burial space involved.
A.
No grading, leveling, or excavating upon a burial space shall be allowed without the permission of the cemetery sexton or the Township Clerk.
B.
No flowers, shrubs, trees or vegetation of any type shall be planted without the approval of the cemetery sexton or the Township Clerk. Any of the foregoing items planted without such approval may be removed by the Township or the cemetery sexton.
C.
The Township Board reserves the right to remove or trim any tree, plant or shrub located within the cemetery in the interest of maintaining proper appearance and the use of the cemetery.
D.
Mounds which hinder the free use of a lawn mower or other gardening apparatus are prohibited.
E.
The cemetery sexton shall have the right and authority to remove and dispose of any and all growth, emblems, displays or containers therefore that through decay, deterioration, damage or otherwise become unsightly, a source of litter, or a maintenance problem.
F.
Surfaces other than earth or sod are prohibited.
G.
All refuse of any kind or nature including, among others, dried flowers, wreaths, papers, and flower containers must be removed or deposited in containers located within the cemetery.
Cemetery lots or burial spaces sold after the effective date of this chapter and remaining vacant 40 years from the date of their sale shall automatically revert to the Township upon 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 of the expiration of the forty-year period and that all rights with respect to said lot or spaces will be forfeited if he does not affirmatively indicate in writing to the Township Clerk within 60 days from the date of mailing of the within notice his desire to retain said burial rights.
B.
No written response to said notice indicating a desire to retain the cemetery lots or burial spaces in question is received by the Township Clerk from the last owner of record of said lots or spaces or his heirs or legal representative within 60 days from the date of mailing of said notice.
The Township will repurchase any cemetery lot or burial space from the owner for the original price paid the Township upon the written request of said owner or his legal heirs or representatives.
The Township Clerk shall maintain records concerning all burials, issuance of burial permits, and any perpetual care fund, separate and apart from any other records of the Township and the same shall be open to public inspection at all reasonable business hours.
All burials shall be within a standard concrete vault installed or constructed in each burial space before interment.
Any person, firm or corporation who violates any of the provisions of the within ordinance shall be guilty of a misdemeanor and shall be subject to a fine of up to $500 and/or imprisonment for up to 90 days in jail as may be determined by a court of competent jurisdiction. Each day that a violation continues to exist shall constitute a separate offense. Any criminal prosecutions hereunder shall not prevent civil proceedings for abatement and termination of the activity complained of.