[HISTORY: Adopted by the Township Board of the Township of
Paw Paw 9-16-1966 by Ord. No. 108; amended 11-13-1997 by Ord. No. 226. Subsequent amendments noted where
applicable.]
(a)
The provisions of this chapter shall apply to all cemeteries located
within and over which the Township of Paw Paw has control and/or supervision.
(b)
It shall be unlawful for any persons other than Township cemetery
maintenance personnel or persons accompanying and under the direct
control of Township cemetery maintenance personnel to be within the
limits of any cemetery between the hours of 7:00 p.m. and 8:00 a.m.
during the months of September, October, November, December, January,
February, and March, and between the hours of 8:00 p.m. and 8:00 a.m.
during the months of April, May, June, July, and August.
(c)
It shall be unlawful for any person to drive or operate any motor
scooter, motor bicycle, motorcycle or any other two-wheel, three-wheel,
self-propelled vehicle within the limits of any cemetery.
(d)
Violation of this chapter shall be a misdemeanor and any person convicted
thereof shall be punished by imprisonment in the county jail for not
more than 90 days or by a fine of not to exceed $100 or by both in
the discretion of the court.
(a)
A cemetery lot shall consist of space sufficient to accommodate one
to six graves.
(b)
An adult grave shall consist of a land area four feet wide by 10
feet in length.
(c)
An infant or stillborn grave shall consist of a land area two feet
wide by four feet in length in areas set aside specifically for such
burials.
(d)
A cremains grave shall consist of an area two feet by two feet in
areas set-aside specifically for such burials.
(a)
The five cemeteries in Paw Paw Township are owned and operated by
Paw Paw Township.
(b)
All rights to cemetery lots and graves shall be sold on an approved
form by the Township Clerk. The cemetery lot certificate grants a
right of burial only and does not convey any other title to the lot
or grave.
(c)
All spaces must be paid for prior to burial.
(d)
Hereafter rights to cemetery lots and graves will be sold only to
residents or taxpayers of the Township for the purpose of burials
of said purchaser, his heirs at law, or next of kin. No more than
six graves will be sold to one individual. No sale shall be made to
funeral directors, companies, or others than as set forth. The Township
Clerk, however, is hereby granted the authority to vary the restriction
on sales where the purchaser discloses personal reasons for burial
within the Township through previous residence in the Township or
relationship to persons interred there.
(e)
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. Upon such assignment, approval and record, the clerk
shall issue a new burial permit to the assignee and shall cancel and
terminate on the records, the original permit. A transfer fee of $25
will be charged.
(f)
In case of an indigent, who dies in the Township without resources
for burial, the Township will assign a burial space, right to which
will remain with the Township.
The purchase price for rights to lots and graves and the cost
of transfer of rights will be set by resolution of the Township Board
and may periodically be altered to accommodate increased costs and
needed reserve funds for cemetery maintenance and acquisition.
(a)
The fee for opening and closing of graves for interment of bodies
and cremains shall be set by resolution of the Township Board and
may periodically be altered to accommodate increased costs for interment.
(b)
No graves shall be opened or closed except under the direction and
control of the cemetery sexton. The removal and re-internment of bodies
and cremains will be done by the sexton under the supervision of the
local health department and the laws governing such procedures.
[Amended 9-19-1999 by Ord. No. 235]
(a)
All memorial markers must be of stone, granite, marble, bronze, or
equally durable composition purchased from and set by an accredited
memorial dealer, or subject to Township Board approval. Memorials
made or consisting of wood are prohibited.
(b)
All monuments must be located upon a suitable foundation. All foundations
shall be constructed by or under the direction of the sexton who shall
be reimbursed for this work by the memorial company.
(c)
Family monuments shall be permitted only when the holder of the certificate
of burial rights owns a minimum of four adjacent graves in a row.
Said family monument shall not exceed four feet in length and 16 inches
in width and shall be set in the middle of the four graves in line
with previously set memorial markers. Where a family monument is present
the individual markers shall be 24 inches in length by 12 inches in
width or less in line with the family monument.
(d)
Single individual monuments shall be set in line with previously
placed memorials and shall not exceed 28 inches in length and 16 inches
in width. Limit one marker to a grave.
(e)
Where two people are interred in adjoining graves a double monument
may be set in the middle of the two graves in line with previously
placed memorials and shall not exceed 36 inches in length and 16 inches
in width.
(f)
There shall be a limit of one individual marker per burial site with
the exception of service markers at ground level.
(g)
Memorial markers for individual cremains graves, in areas set aside
specifically for such burials, shall not exceed 20 inches in length
and 10 inches in width and shall be limited to flush markers. Double
markers may be centered across two cremains graves but may not exceed
24 inches in length and 12 inches in width and shall be limited to
flush markers in line with previously set memorial markers. Memorial
markers for three cremains graves in a row shall be limited to 36
inches in length and 12 inches in width and for four cremains graves
in a row shall be limited to 42 inches in length and 12 inches in
width and shall be centered on the grave sites in line with previously
set memorial markers and shall be limited to flush markers.
(h)
Military memorial markers for cremains graves, in areas set aside
specifically for such burials, shall not exceed 24 inches in length
and 12 inches in width or eight inches in length and five inches in
width attached to a suitable foundation of not less than 20 inches
in length and 10 inches in width flush to the ground in line with
previously set memorial markers.
(i)
Nothing [shall be] permitted on the grave except monuments and service
markers at ground level.
(a)
Only one person may be buried in a grave except for a parent and
infant, or two children buried at the same time.
(b)
One person and the cremains of a second person or the cremains of
two persons may be buried in a grave.
(c)
Infants and stillborn infants may be buried in Baby Land at Wildey
Cemetery.
(d)
All burials except infants and stillborn infants must be in approved
vaults.
(e)
The appropriate burial/transit permit must be presented to the sexton
prior to interment. Such permit is to be placed in the Township Clerk's
records.
(f)
Arrangements for interments may be made for any day at the discretion
of the sexton.
(g)
No out-of-town interments after 3:00 p.m. except at the discretion
of the sexton.
(h)
Winter interments during extreme weather conditions will be at the
discretion of the sexton.
(i)
When a grave opening is ordered, it is important that the precise
location be given by either a family member or the funeral director
handling arrangements; the Township Board shall not be held responsible
for any misinternment.
(a)
The Township appointed sexton will supervise all maintenance work,
burials, the setting of memorial markers, and the general care of
the cemeteries such as cutting the grass, cleaning grounds and pruning
shrubs and trees.
(b)
No grading, leveling, or excavating upon a grave is allowed. Any
improvement contemplated by a grave owner shall be first discussed
with the sexton.
(c)
No planting of perennials, shrubs or trees upon graves is allowed.
No loose stones, wood chips, volcanic rock or artificial materials
will be allowed. Also any fence, railing, edging, hedge, flowerborder,
embankment or depression shall define no grave, lot or parcel of land.
(d)
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 use of the cemetery.
(e)
Cut flowers and bouquets must be in receptacles and not directly
in the soil. They are limited to a maximum of two displays per grave
located at either end of the monument and shall be set in line with
previously placed memorials to allow mowing and trimming without disturbing
the flowers. Any display other than cut flowers or bouquets must be
approved by the Township Board.
(f)
Artificial plants containers, emblems and displays that through decay,
deterioration, damage or otherwise become unsightly will be removed
and the Township of Paw Paw will assume no responsibility for the
same. All winter wreaths and decorations must be removed by April
15 to allow for spring-cleaning.
(g)
All refuse of any kind or nature must be removed from the cemetery
or deposited in containers located within the cemetery.
Unused graves shall be re-sold only by the owner or heirs, upon
notification to the Township Clerk.
The Township Clerk shall maintain all cemetery records including
burials, issuance of burial permits, cemetery lot certificates and
deeds, and any cemetery funds, separate and apart from any other records
of the Township. All such records shall be open to public inspection.
(a)
The possession of firearms and air-rifles within the cemetery grounds
is forbidden, except the military organizations or other patriotic
organizations may carry arms for the purpose of firing a salute over
the grave at the burial of a member, or in observing Memorial Day.
(b)
No hunting within cemetery grounds.
(c)
The use or operation of motorcycles, ATV's, snowmobiles or similar
recreational vehicles within the cemetery is prohibited.
[Amended 4-14-2016 by Ord. No. 253]
Any person, firm, association, partnership or corporation who
violates any of the provisions of this chapter shall be deemed to
be responsible for a municipal civil infraction as defined by Michigan
statute, which shall be punishable by a civil fine determined in accordance
with the following schedule:
|
Type
|
Minimum Fine
|
Maximum Fine
|
|---|---|---|
|
1st offense within 3-year period*
|
$100
|
$500
|
|
2nd offense within 3-year period*
|
$150
|
$500
|
|
3rd offense within 3-year period*
|
$300
|
$500
|
|
4th or more offense within 3-year period*
|
$500
|
$500
|
|
*
|
Determined on the basis of the date of commission of the offense(s).
|
|
Additionally, the violator shall pay costs, which may include
all expenses, direct and indirect, to which the Township has been
put in connection with the municipal civil infraction. In no case,
however, shall costs of less than $9 or more than $500 be ordered.
In addition, the Township shall have the right to proceed in any court
of competent jurisdiction for the purpose of obtaining an injunction,
restraining order, or other appropriate remedy to compel compliance
with this chapter. Each day that a violation exists shall constitute
a separate offense.
|
