[HISTORY: Adopted by the Township Board of the Charter Township
of Blackman 9-28-2015.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
57, Cemeteries, adopted 6-17-2002 by Ord. No. 102, as amended.
This chapter shall be known and cited as the "Blackman Charter
Township Cemetery Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Pursuant to MCLA § 128.11, a lot or portion thereof
in any cemetery designed and intended for the interment of human bodies
or of a human body, but not used for such purpose.
The disposition of the remains of a deceased person by burial.
A memorial flush with the ground.
A tombstone or memorial of granite or marble which shall
extend above the surface of the ground.
Any person owning or possessing the privileges or right of
interment in any burial space.
A person whose primary mailing address is within the Township.
A.
Hereafter,
single 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 other
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
cost of each single burial space shall be at a cost to be determined
from time to time by resolution of the Township Board, payable to
the Township.
B.
The
cost of any transfer of one burial space from an original purchaser
to a qualified assignee shall be at a cost to be determined from time
to time by resolution of the Township Board, payable to the Township.
Transfers among immediate family are exempt from this fee. The definition
of "family," for the purposes of this chapter, shall mean spouses
and children only.
C.
The
charges shall be paid to the Township Treasurer and shall be deposited
in the appropriate cemetery fund for the particular cemetery involved
in the sale or transfer.
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.
Determined
by resolution of the Township Board, an additional fee will be charged
for winter burials taking place between November 1 and April 1.
C.
No
burial spaces shall be opened and closed except under the direction
and control of the Township Clerk or whomever he assigns. This provision
shall not apply to proceedings for the removal or reinterment of bodies
and remains, which matters are under the supervision of the local
health department.
D.
After interment, no changes in the location of a grave will be made
except at the expense of the owner. This charge will be set by resolution.
A.
All
markers or memorials must be of stone or other equally durable composition.
B.
All
markers, memorials or monuments must be located upon a suitable foundation
to maintain the same in an erect position.
C.
Only
one monument, marker or memorial shall be permitted per burial space.
D.
The
foundation upon which any monument, marker or memorial must be placed
shall be constructed by the Township at a cost to be determined from
time to time by resolution of the Township Board, payable to the Township.
This charge shall be immediately payable with the grave opening charge
and may not be deferred.
E.
Urns
of any kind above ground are prohibited.
F.
The
Township shall have the right to bury, restore or repair, at its sole
option, any broken or irreparable marker or memorial on existing grave
sites if persons or family show no sign to repair such. If buried,
the marker shall be placed flush with the ground with the engraving
showing if possible. The Township Clerk will record such action. The
Clerk shall notify family of pending action 10 days before such action
takes place by regular mail to the last known address on record.
A.
In
addition to the provisions of this chapter, all interments and removals
shall be subject to all laws, rules, regulations, ordinances and orders
of the Township and any other governmental agency having jurisdiction.
B.
Only
one person shall be buried in a cemetery plot, except for a parent
and infant child or two children buried at the same time when approved
by the Township Clerk or designee. The Township Clerk or designee
may also allow one person plus one cremation (if regular burial is
first to occur) or two cremations per plot with first cremation buried
closest to headstone.
C.
Not
less than 36 hours' notice shall be given in advance of any time
of any funeral to allow for the opening of the burial spaces. When
an interment is to be made in a plot, the location of such interment
shall be designated by the plot owner. Should the plot owner fail
or neglect to make such designation, the Township reserves the right
to designate the location of the interment.
D.
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.
E.
All graves shall be located in an orderly and neat appearing manner
within the confines of the burial space involved.
A.
No
grading, leveling, terracing or excavating upon burial space shall
be allowed without the written permission of the cemetery sexton or
the Township Clerk.
B.
No
flowers, shrubs, trees or vegetation of any type shall be planted
without the written approval of the Township Clerk. The Township Clerk
shall cause to be removed any of the foregoing items planted without
such approval.
C.
The
Township Clerk 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 even if previously approved.
D.
Mounds
which hinder the free use of a lawn mower or other gardening apparatus
are prohibited.
E.
The
Township Clerk shall have the right and authority to remove and dispose
of any and all growth, emblems, displays or containers 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. This includes, but is not
limited to, concrete, stones or curbing.
G.
All
refuse of any kind or nature, including, among others, dried flowers,
wreaths, papers, and flower containers, must be removed from the cemetery.
H.
Glass
containers and other breakable containers are prohibited.
I.
Shepherd hooks must be placed directly to the side of the foundation
so as not to interfere with lawn mowing.
J.
Solar lights may be allowed at the discretion of the Township Clerk.
K.
Grave blankets traditionally put on plots during the winter months,
especially the Christmas season, may be placed by relatives of the
deceased. It should be understood that such blankets have a tendency
of killing the grass located under the blankets and poisoning the
soil. The Township shall not be responsible for the reseeding or resodding
of grass over plots where the grass has died due to the placing of
the blanket.
Cemetery lots or burial spaces remaining vacant 60 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 sixty-year period and that all rights with respect to said
lots or spaces will be forfeited if he or she does not affirmatively
indicate in writing to the Township Clerk within 60 days from the
date of mailing of the 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 may repurchase any cemetery lots or burial space
from the owner for 75% of the original price paid the Township upon
written request of said owner or his legal heirs or representatives.
Proof of ownership acceptable to the Clerk shall be required.
A.
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.
B.
It shall be the duty of each lot owner to notify the Township of
any change in his or her post office address and/or phone number.
Notice sent to a lot owner at the last address on file in the office
of the Township Clerk shall be considered sufficient and proper legal
notification.
All burials, except for the remains of a cremation, shall be
within a standard concrete vault installed or constructed in each
burial space before interment.
The Township Board authorizes the Township Clerk to appoint
a cemetery sexton. The sexton shall only be paid from fees collected
by the Township for the services rendered by the sexton. These fees
shall be set by Board resolution.
A.
Maximum speed limit shall be five miles per hour.
B.
Funeral cars have the right of way over all other traffic.
C.
Vehicles shall refrain from driving or parking on the grass.
D.
Bicycles, motorcycles, snowmobiles or any other vehicles not having
business in the cemetery are prohibited.
E.
Dogs are permitted in the cemetery only when confined in a vehicle
or if the dog is a service animal accompanying a person with sight
impairment or other disability. All other pets or domestic animals
are prohibited without written consent of the Township Clerk or sexton.
F.
No person shall obstruct any drive, walk or alley, or in any way
injure, deface or destroy any grave, vault, tombstone, monument, flower,
tree, shrub or other thing in, or belonging to, any public burial
grounds in said Township. No person shall remove anything from any
place in said cemetery without permission from the Township Sexton
or the written consent of the Township Clerk.
G.
No person shall discharge any firearms or explosives in said cemetery
except regular salutes at military funerals.
H.
No person shall make any loud noise or be guilty of any unseemly
or disorderly conduct in any such cemetery.
I.
There shall be no possession or consumption of any alcoholic beverage.
J.
Cremations or ashes of a deceased person shall not be scattered or
dispersed.
Any person, firm or corporation who violates any of the provisions
of this chapter shall be guilty of a misdemeanor and shall be subject
to a fine of up to $100 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.
