[HISTORY: Adopted by the Township Board of Trustees of the
Township of Lawrence 6-11-2020. Amendments noted where applicable.]
This chapter shall be known and cited as the "Lawrence Township
Cemetery Ordinance."
The Lawrence Township Board recognizes and concludes that the
proper and reasonable maintenance, appearance and use of the cemetery
or cemeteries owned or controlled by the Township is an important
function of the government of the Township. It is also important that
burials, disinterment 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:
Shall consist of an area in a Township cemetery sufficient
to accommodate one burial space for one deceased person. Exceptions
may be made with Township permission to accommodate infant burial
or the burial of cremains.
Someone who is two years or younger at the time of death.
Lawrence Township, Van Buren County, State of Michigan.
Any cemetery owned, operated and/or controlled by the Township.
The elected Township Clerk and/or other designee(s) of the
Township Board.
A.
After the effective date of this chapter, cemetery burial spaces
shall be sold by the Township for the purpose of burial for the purchaser
of a burial space, or his or her immediate family. No sale shall be
made to funeral directors or others, except for those acting as an
agent for an eligible purchaser.
B.
All sales and transfers of burial spaces shall be made on a form
approved by the Township Board, which grants a right of burial only
and does not convey any other title or right to the burial space sold.
Such forms shall be signed by the Township Clerk and shall then constitute
a permit.
C.
Burial spaces may be sold by the Township to any resident or taxpayer of the Township. The Township Clerk 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 in the Township cemetery involved. Any such decision by the Township Clerk (either granting or denying such variance) may be overturned by the Township Board pursuant to § 32-23 hereof.
D.
At the time of purchase from the Township, each burial space shall
be assigned the name of the specific person who shall be interred
in that burial space upon death. Each such person must either be a
resident or taxpayer of the Township or be a member of the immediate
family of a qualified purchaser. If the owner of a burial space desires
to effectuate a name change regarding the assigned burial space, that
person must request in writing such change to another eligible person
and receive approval from the Township Clerk.
E.
Ownership of burial spaces is nontransferable without prior written
approval by the Township.
F.
The Township Board shall have the authority to place a limit on the
number of burial spaces sold to a particular person, as well as such
person's family and relatives. Furthermore, the Township shall
have the absolute right and discretion to determine whether a particular
burial space or spaces will be sold to a specific person and where
such burial space or spaces will be located and within which Township
cemetery. Such decision shall be based upon reasonable factors, including,
but not limited to, the number of vacant burial spaces available and
whether family or relatives of the person seeking to purchase a burial
space or spaces are buried adjacent to or nearby the burial space
or spaces requested.
G.
The Township shall have the right to correct any errors that may
be made concerning interments, disinterment, or in the description,
transfer or conveyance of any burial space, either by canceling the
permit for a particular vacant burial space or spaces and substituting
and conveying in lieu thereof another vacant burial space or spaces
in a similar location within the cemetery at issue or by refunding
the money paid for the burial space to the purchaser or the successor
of the purchaser. In the event that an error involves the interment
of the remains of any person, the Township shall have the right to
remove and transfer the remains so interred to another burial space
in a similar location in the same Township cemetery in accordance
with law.
H.
The owner of every burial space shall be responsible for notifying
the Township whenever that person's mailing address changes.
I.
Burial spaces may be sold back at a price set by the Township Board
(for resale by the Township).
A.
Each burial space shall cost the sum as set in a fee schedule set
by the Township Board from time to time. The lawful owner of any burial
space within the Township shall promptly provide the Township Clerk
with any change in that owner's mailing address.
B.
All charges shall be paid to the Township.
C.
The Township Board may waive some or all fees for the burial of indigent
persons. Furthermore, the Township Board may set aside a portion of
a Township cemetery or cemeteries for the burial of indigent persons.
D.
The Township Board may by resolution periodically alter the foregoing
fees to accommodate increased costs and needed reserve funds for cemetery
maintenance and acquisition.
A.
The Township may charge reasonable fees for the opening and closing
of any burial space, prior to and following a burial therein, and
including the interment of ashes. Such fees shall be set from time
to time by resolution of the Township Board, payable to the Township.
B.
No burial space shall be opened or closed except under the direction and control of the Township Sexton or such other individual as is designated by the Township Board. This Subsection B shall not apply to any grave opening, disinterment, or similar matter which is done pursuant to a valid court order or under the supervision and direction of local or state Health Department authorities; however, even in such cases, the Township Sexton shall be given at least 24 hours' prior notice of when such grave opening or closing will occur.
A.
All markers and memorials must be comprised of stone or other equally
durable composition and shall face the same direction as the markers
and memorials around them.
B.
Except for monuments that existed in a Township cemetery before the
effective date of this chapter, no monument will be allowed or erected
in a cemetery. For purposes of this chapter, "monument" shall be defined
as any marker, memorial, statue or similar item which exceeds 30 inches
in height above normal ground level or which has a ground surface
area exceeding 30 inches in width (or 48 inches in width for a double
marker), with an overall height of no more than 30 inches above ground
level, including the foundation. Only one marker or memorial shall
be permitted per burial space, or one marker or memorial in total
where two adjoining spaces share that one marker or memorial. Markers
shall be no more than 30 inches in width (or 48 inches in width for
a double marker), with an overall height of no more than 30 inches
above ground level, including the foundation. In sections designated
for the burial only of cremains, individual markers for cremains shall
be flush with the ground and shall be no more than 12 inches by 24
inches in size.
C.
The footing or foundation upon which any marker or memorial must
be placed shall be constructed by the Township, or such person(s)
as may be designated by the Township Board. Fees for such work shall
be set from time to time by resolution of the Township Board and shall
be paid to the Township.
D.
Should any monument or memorial (including any monument or memorial
that was in place before this chapter became effective) become unsightly,
broken, moved off its proper site, dilapidated or a safety hazard,
the Township Board shall have the right, at the expense of the owner
of the burial space, to correct the condition or remove the same.
The Township shall make reasonable attempts to contact the owner of
the burial space prior to any such work beginning.
E.
The maintenance, repair and upkeep of a cemetery memorial, marker,
urn or similar item is the responsibility of the heirs or family of
the person buried at that location. The Township has no responsibility
or liability regarding the repair, maintenance or upkeep regarding
any such marker, memorial, urn or similar item.
A.
Only one person shall be buried in a burial space, except for infant
children or cremains when approved by the Township.
B.
The Township shall be given not less than 36 hours' prior notice
in advance of any funeral to allow for the opening of the burial space.
The opening and closing of burial spaces shall be done only by the
Township or such person or persons as are designated by the Township.
C.
The appropriate permit or form issued by the Township for the burial
space involved, together with appropriate identification of the person
to be buried therein and the burial-transit permit from the Health
Department, shall be presented to either the Township Sexton or the
Township Clerk prior to interment. Where such permit or form has been
lost or destroyed, the Township Clerk must be satisfied, from his
or her records, that the deceased person to be buried in the burial
space is an authorized and appropriate person for that space before
any interment is commenced or completed.
D.
The surface of all graves shall be kept in an orderly and neat-appearing
manner within the confines of the burial space involved.
A.
No disinterment or the digging up of an occupied grave shall occur
without a Township disinterment permit.
B.
No disinterment or digging up of an occupied grave shall occur until
and unless any and all permits, licenses and written authorizations
required by law for such disinterment or digging up of an occupied
grave have been obtained from any applicable state or county agency,
governmental unit or official, and a copy of the same has been filed
with the Township.
C.
The Township Board shall have the authority to refuse to allow a
disinterment or the digging up of an occupied grave (and to refuse
to issue a Township disinterment permit for the same) if the disinterment
or digging up of an occupied grave is not done pursuant to a court
order (issued by a court of competent jurisdiction) or does not have
a reasonable basis.
D.
No disinterment permit shall be issued by the Township until the
Township disinterment application form (as authorized by the Township
Board) has been fully completed (and signed by a properly authorized
person) and filed with the Township.
A.
The Township may charge additional fees for winter burials.
B.
If a winter burial cannot occur due to inclement weather, frozen
ground or similar condition, the deceased person may be kept in winter
storage until a spring burial can occur. Written permission by the
next of kin or authorized agent must be obtained prior to winter storage.
All such winter storage costs shall be paid by the estate of the deceased
person or the person's next of kin.
C.
No winter burials shall occur without the prior consent of the Township
Sexton.
A.
Flowerpots, urns and grave blankets may be placed and maintained
at the headstones of graves no earlier than May 1 and must be removed
no later than October 1 of each year. Decorations will be permitted
for holidays falling outside of these dates, but only for one week
prior and one week following the holiday. Veteran flags and flag holders
shall be governed by the Veteran's Administration rules and guidelines.
B.
No landscaping, shrubs, trees or vegetation of any type shall be
planted outside of an urn, except flowers planted within 18 inches
of a headstone. Any vegetation, including flowers, within 18 inches
of a headstone, planted without Township approval may be removed by
the Township or the Township Sexton.
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 that hinder the free use of
a lawn mower or other gardening apparatus are prohibited.
E.
The Township Sexton shall have the right and authority to remove
and dispose of any and all growth, emblems, displays, containers and
other items that through decay, deterioration, damage or otherwise
become or are unsightly, a source of litter or a maintenance problem.
F.
Surfaces other than earth or sod are prohibited.
G.
No glass containers or items are allowed.
H.
Except for markers, memorials, flowers, and urns expressly allowed
by this chapter, and veteran flags as authorized by law, no other
item (including, but not limited to, ornaments, signs, trellises,
statues, benches, landscaping, bricks, stones, grave border materials
or other structures) shall be installed or maintained within a Township
cemetery; nor shall any grading, digging, mounding or similar alteration
of the ground or earth occur except as authorized by this chapter
or by the Township.
Every person who enters, remains in and travels within a Township
cemetery does so at their own risk. The Township is not responsible
for any injury, accident or other calamity that might occur to any
person present in a Township cemetery. Furthermore, the Township is
not responsible for any damage or vandalism to, theft of or deterioration
of any burial monument, headstone, flower urn or other item placed
at or near a burial space, burial site or anywhere in a Township cemetery.
The purchaser or transferee of any burial space 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
burial space 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 to the Township Sexton and any Township employee, officer,
official or agent.
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 burial 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 his/her desire to retain
such burial rights; and
B.
No written response to said notice indicating a desire to retain
the burial spaces in question is received by the Township Clerk from
the last owner of record of said spaces, or his/her heirs or legal
representative, within 60 days from the date of mailing of said notice.
The Township may repurchase any burial space from the owner
for a price set by the Township Board upon the written request of
said owner or his or her legal heirs or representatives.
The Township Clerk shall maintain records concerning all burials,
burial spaces, 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.
A.
All burials shall be within a standard concrete vault (which meets
all applicable laws) installed or constructed in each burial space
before interment. Vaults of other suitable materials may be allowed
at the discretion of the Township.
B.
Cremains shall be in a container approved by the Township.
Unless otherwise specified by the Township Board by resolution,
all Township cemeteries shall be closed from dusk until dawn. No person
shall be present in a Township cemetery while closed. This prohibition
does 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 firefighting official when engaged in the lawful
duties of any such office or position.
The following prohibitions shall apply within any Township cemetery:
A.
No person shall cut, destroy, deface, apply graffiti to or otherwise
injure any monument, sign, tree, plant, or item located within a Township
cemetery.
B.
No person shall disturb the peace or unreasonably annoy, harass or
disturb any other person who is lawfully present on the grounds of
any Township cemetery.
C.
There shall be no entry or presence in the cemetery by any person
when the cemetery is closed or outside of authorized times.
D.
There shall be no destruction of cemetery property.
E.
There shall be no headstones, ornaments, vases, plastic flowers,
fences, benches, trellises, statues, signs or any other item placed,
kept, installed or maintained in a cemetery except those expressly
allowed by this chapter.
F.
There shall be no digging, grading or mounding unless expressly authorized
by this chapter.
G.
There shall be no driving of an automobile, truck or any vehicle
on any portion of a cemetery except the designated roads or drives.
H.
There shall be no motorcycles, snowmobiles, four-wheelers, go-carts
or similar vehicles permitted within the cemetery unless operated
by the Township.
I.
There shall be no gathering of persons in excess of 75 people without
prior Township approval (except during or incidental to a funeral
occurring concurrent with burial).
J.
There shall be no disinterment or grave openings unless approved
by the Township.
K.
There shall be no picnicking or consumption of food without prior
Township approval.
L.
There shall be no music, playing of any radio, or the use of any
amplification device except pursuant to a military ceremony or a funeral.
M.
There shall be no solicitation or peddling of services or goods or
any signs for goods or services.
N.
There shall be no littering or dumping.
O.
There shall be no interference with or disruption of a lawful funeral
or funeral procession.
P.
There shall be no private signs, lighting, moving displays or changeable
copy on a sign.
Q.
There shall be no fires, candles or open flames.
R.
No children under 12 years of age shall be allowed in any Township
cemetery unless accompanied by an adult and properly supervised by
an adult.
S.
There shall be no exceeding of posted speed limits.
T.
There shall be no domestic animals of any kind or pets allowed within
the cemetery grounds. However, this prohibition shall not apply to
service animals.
U.
No firearms or archery arrows shall be discharged or shot except
that military or other veterans organizations may carry arms for the
purpose of firing over the grave at the burial of a member.
V.
No person shall engage in any fight, quarrel or disturbance.
W.
Cremains or ashes of a deceased person shall not be scattered or
dispersed.
X.
There shall be no dumping, vandalizing or tipping over of any lawful
garbage container or receptacle.
Y.
No person shall possess or consume any alcoholic beverage.
A.
The Township Board shall appoint a Township Sexton, who shall serve
at the discretion of the Township Board. The Township Sexton may be
a Township employee or independent contractor for the Township at
the discretion of the Township Board.
B.
The Township Sexton shall assist other Township officials with the
enforcement and administration of this chapter.
C.
The Township Sexton shall have such duties and obligations with regard
to Township cemeteries as may be specified from time to time by the
Township Board.
D.
Unless context indicates otherwise, the Township Sexton stands in place of the Township, and may grant and deny permissions and waive matters on its behalf unless the context clearly indicates otherwise. Any decision of the Township Sexton may be appealed to the Township Board pursuant to § 32-23.
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, setting of foundations, grave closing, winter
or holiday burial, the price for a new burial space, transfer fees
for burial spaces, and other matters. Any check for fees pursuant
to this chapter should be made out to the Township or the Township
Treasurer and not to the Sexton or any other individual Township employee.
A.
This chapter shall apply only to cemeteries owned, controlled, or
operated by the Township.
B.
The provisions of this chapter shall not apply to Township officials
or their agents or designees involved with the upgrading, maintenance,
administration or care of a Township cemetery.
C.
The provisions of this chapter shall not apply to police officers
or firefighting officials or officers involved in carrying out their
official duties.
D.
All established fees, and permits, documents and applications currently
in use, at the time this chapter is adopted are hereby ratified for
use until modified by resolution of the Township Board.
A.
The Township Board shall have the authority to render binding interpretations
regarding any of the clauses, provisions or regulations contained
in this chapter and any rule or regulation adopted pursuant to this
chapter, as well as their applicability. The Township is also authorized
to waive application of the strict letter of any provision of this
chapter or any rules or regulations promulgated under this chapter
where practical difficulties in carrying out the strict letter of
this chapter or any rules or regulations related thereto would result
in hardship to a particular person or the public. Any such waiver,
however, must be of such a character as it will not impair the purposes
and intent of this chapter.
B.
Any party aggrieved by any interpretation or decision made by the
Township Sexton or any Township official, agent or contractor pursuant
to this chapter, as well as any matter relating to a Township cemetery,
rights to a burial space, or other matter arising pursuant to this
chapter, shall have the right to appeal that determination/decision
or matter to the Township Board. Any such appeal shall be in writing
and shall be filed with the Township within 30 days of the date of
the decision, determination or other matter being appealed from. The
Township shall give the aggrieved party who filed the written appeal
with the Township at least 10 days' prior written notice of the
meeting at which the Township Board will address the matter unless
an emergency is involved, in which case the Township shall utilize
reasonable efforts to notify the aggrieved party who filed the appeal
of a special or emergency meeting of the Township Board at which the
matter will be addressed. Pursuant to any such appeal, the decision
of the Township Board shall be final.
C.
The Township Board may set a fee or fees for any such appeal from
time to time by resolution.
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.
A.
Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this chapter or rule or regulation adopted pursuant hereto, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this chapter, shall be in violation of this chapter and shall be responsible for a municipal civil infraction under Chapter 25 of the Lawrence Township Code of Compiled Ordinances.
B.
A violation of any permit or permit condition issued pursuant to
this chapter shall also constitute a violation of this chapter.
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:
The provisions of this chapter are hereby declared to be severable,
and should any provision, section or part thereof be declared to be
invalid or unconstitutional by any court of competent jurisdiction,
such decision shall only affect the particular provision, section
or part thereof involved in such decision and shall not affect or
invalidate the remainder of this chapter, which shall continue in
full force and effect.
This chapter shall become effective 30 days after a copy of
this chapter (or summary thereof) appears in the newspaper. All ordinances
or parts of ordinances in conflict herewith are hereby repealed.
