This chapter shall be known as the "Colebrookdale Township Burial and Cemetery Ordinance."
[HISTORY: Adopted by the Board of Commissioners of Colebrookdale Township 11-1-2010 by Ord. No. 4-2010. Amendments noted where applicable.]
The following terms shall have the following meanings ascribed to them.
A place for the burial of deceased human beings, in a grave, mausoleum, vault, columbarium, or other receptacle, open to the public and owned by a cemetery company.
Any business entity that sells to the public the ownership of, or the right to use, any cemetery lot owned by the business entity. The term also includes any cemetery company or cemetery owned or controlled by a church or religious congregation or fraternal organization or by any association created by a church or religious organization or a fraternal organization.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A plot or part of a cemetery.
It shall be unlawful for any person, corporation, firm, or business entity to bury a deceased human being or deceased human beings within Colebrookdale Township except within a cemetery.
A.
In addition to any other enforcement action taken pursuant to the provisions of any of this chapter or any other ordinance or regulation, any person who, in a civil action filed in a court of competent jurisdiction, shall be determined to be in violation of any provision of this chapter shall pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. If the penalty is not paid, the Township shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day that a violation of this chapter continues shall constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Berks County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
In addition, the Township, through its solicitor, may institute injunctive, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, or other appropriate forms of remedy or relief.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity does not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
This chapter shall become effective five days after its enactment.