[HISTORY: Adopted by the Board of Trustees
of the Charter Township of East China 11-4-2013 by Ord. No. 310.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 195,
Cemeteries, adopted 12-15-1997 by Ord. No. 253 (Ch. 8-01 of the 1980
Code), as amended.
This chapter shall be known and cited as the "Rosehill Cemetery
Ordinance."
The Charter Township of East China Board recognizes and concludes
that the proper and reasonable maintenance, appearance and use of
the cemetery owned or controlled by the Township is an important function
of the government of the Township. It is also important that burials,
disinterments 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:
The burial rights acquired by the party named herein and
evidenced hereby may not be transferred, assigned or conveyed except
back to East China Charter Township in exchange for the refund of
the original purchase price, excluding the Cemetery Maintenance Fund
care cost paid when the burial rights were purchased.
[Added 7-3-2023 by Ord. No. 325]
Whenever a lot is conveyed to an individual owner, the whole
of such lot becomes inalienable and shall be held as a family lot
of the owner. One grave site may be used for the owner's interment
or may be used for the interment of a surviving spouse of the owner,
and those remaining may be used for the parents and children of such
deceased owner.
In the event there is no spouse, parent or child surviving an
owner, the right of interment shall go to the next heirs at law of
the deceased owner.
If there are no surviving heirs of the owner and/or the grantee
waives the right of interment shall convey back to East China Charter
Township in exchange for the refund of the original purchase price,
excluding the Cemetery Maintenance Fund care cost paid when the burial
rights were purchased.
No transfer or assignment of burial right site shall be valid
without properly recording of assignment of burial lots and name change
with the Township Clerk.
Shall consist of an area in the Township cemetery sufficient
to accommodate one burial space for one deceased person. It shall
consist of a land area at least 40 inches wide and 96 inches in length.
Exceptions may be made, with Township permission, to accommodate an
infant burial or the burial of cremains.
Shall consist of a structure containing a group of niches
in the Township cemetery. Each niche is sufficient to accommodate
two inurned cremains.
East China Charter Township.
Any cemetery owned, operated and/or controlled by the Township.
A.
After the
effective date of this chapter, cemetery plots and columbarium niches
shall be sold by the Township for the purpose of burial or placing
inurned cremains for the purchaser of a cemetery plot or columbarium
niche, 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 cemetery plots and columbarium niches shall be made
on a form approved by the Township Board and signed by the designated
Township official, which grants a right of burial only and does not
convey any other title or right to the cemetery plot, columbarium
niche or burial space sold. Such forms shall be signed by the Township
Clerk or Deputy Township Clerk and shall constitute a permit when
approved.
C.
[1]Cemetery plots and columbarium niches may be sold back,
for the original purchase price, to the Township for resale by the
Township.
D.
The Township
Board shall have the authority to place a limit on the number of cemetery
plots and columbarium niches 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 cemetery plot(s) or niche(s) will be sold to a specific
person and where such cemetery plot(s) or niche(s) will be located
within the Township cemetery. Such decision shall be based upon reasonable
factors, including, but not limited to, the number of vacant cemetery
plots and niches available and whether family or relatives of the
person seeking to purchase a cemetery plot(s) or niche(s) are buried
adjacent or nearby the cemetery plot(s) or niche(s) requested.
E.
The Township
shall have the right to correct any errors that may be made concerning
interments, disinterments, or in the description, transfer or conveyance
of any cemetery plot or columbarium niche, either by canceling the
permit for a particular vacant cemetery plot or plots, niche or niches
and substituting and conveying in lieu thereof another vacant cemetery
plot or plots, niche or niches in a similar location within the cemetery
at issue or by refunding the money paid for the cemetery plot or niche
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 cemetery plot or niche in a similar location in
the same Township cemetery in accordance with law.
A.
The cost
of each cemetery plot or columbarium niche shall be set by resolution
of the Township Board. The lawful owner of any cemetery plot or columbarium
niche shall promptly provide the Township Clerk with any change in
that owner’s mailing address.
B.
All charges
shall be paid to East China Township.
C.
[1]The Township Board may by resolution periodically alter
the foregoing fees to accommodate increased costs and needed reserve
funds for cemetery maintenance and acquisition.
[1]
Editor's Note: Former Subsection C, regarding waiving of feeds
for indigent persons, was repealed 7-3-2023 by Ord. No. 325. This
ordinance also renumbered former Subsection D as Subsection C.
A.
The Township
may charge reasonable fees for the opening and closing of any cemetery
plot or columbarium niche, 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 cemetery
plot or columbarium niche shall be opened or closed except under the
direction and control of the Township Sexton or such other individual
as designated by the Township Board. This subsection 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.
Only one
marker or memorial shall be permitted per cemetery plot, or one marker
or memorial in total where two adjoining plots share that one marker
or memorial. Markers shall be no more than 34 inches in width or 74
inches in width for a double marker, with an overall height of no
more than 48 inches above ground level, including the foundation.
Individual markers flush with the ground 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, payable 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 cemetery
plot, to correct the condition or remove the same. The Township shall
make reasonable attempts to contact the owner of the cemetery plot
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.
All markers
must be comprised of bronze and ordered by the Township by an approved
supplier. Veteran markers shall be governed by the Veterans Administration
rules and guidelines. Any and all other attachments are prohibited
on the columbarium and niches.
B.
Only one
marker shall be permitted per niche. Markers shall be four inches
by 11 inches in size. Fees for columbarium markers shall be set from
time to time by resolution of the Township Board, payable to the Township.
A.
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. Burial sites are for human remains only. The following
burial combinations are allowed. Per burial plot/grave:
[Amended 7-3-2023 by Ord. No. 325]
B.
Only two
cremains shall be interred in each columbarium niche. Cremains shall
be in a container approved by the Township.
C.
The Township
shall be given not less than 36 hours' prior notice in advance of
any funeral to allow for the opening of the cemetery plot or columbarium
niche. All openings and closings shall be done only by the Township
Sexton or such person or persons as are designated by the Township.
D.
The appropriate
permit or form issued by the Township for the cemetery plot or columbarium
niche 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 (or designated Township official) 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 cemetery plot is an authorized and appropriate
person for that space before any interment is commenced or completed.
E.
The surface
of all graves shall be kept in an orderly and neat-appearing manner
within the confines of the cemetery plot involved.
A.
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.
B.
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.
[Amended 7-3-2023 by Ord. No. 325]
A.
One flower pot in a Township-approved stand may be placed and maintained
at the head stones of graves. The contents must be maintained or contents
will be subject to removal. Veteran flags and flag holders shall be
governed by the Veterans Administration rules and guidelines. Grave
blankets may be placed on graves no earlier than November 15 of each
year and must be removed no later than April 1 each year.
B.
No grading, leveling or excavating within a cemetery shall be allowed.
Furthermore, no tree, shrub, landscaping or similar plantings shall
be allowed.
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 are prohibited.
E.
The Township Sexton shall have the right and authority to remove
and dispose of any and all growth, emblems, displays, statues, containers
and other items
F.
Surfaces other than earth or sod are prohibited.
G.
All refuse of any kind or nature, including, but not limited to,
dried flowers, wreaths, papers and plastic flower containers, must
be removed from the cemetery within 10 days after a burial.
H.
No glass containers or items are allowed.
Every person who enters, remains in and travels within the Township
cemetery does so at his/her own risk. The Township is not responsible
for any injury, accident or other calamity that might occur to any
person present in the Township cemetery. Furthermore, the Township
is not responsible for any damage or vandalism to, theft of or deterioration
of any burial monument, headstone, hanging flower pot or any other
item placed at or near a cemetery plot, burial site or anywhere in
the Township cemetery. The purchaser or transferee of any cemetery
plot and columbarium niche 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 cemetery plot 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 as to the Township
Sexton and any Township employee, officer, official or agent.
Cemetery plots, columbarium niches or 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 plots, niches or 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 of his/her desire to
retain such burial rights; and
B.
No written
response to said notice indicating a desire to retain the cemetery
plots, columbarium niches or burial spaces in question is received
by the Township Clerk from the last owner of record of said plots
or spaces, or his/her heirs or legal representative, within 60 days
from the date of mailing of said notice.
C.
Upon the
discretion of the Township to sell forfeiture lots or to remain vacant.
[Added 7-3-2023 by Ord. No. 325]
The Township may repurchase any cemetery plot or columbarium
niche from the owner upon the written request of said owner or his
or her legal heirs or representatives.
The Township Clerk shall maintain records concerning all burials,
cemetery plots, columbarium niches, 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 cemetery plot 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 during the hours from 9:00
p.m. until 7:00 a.m. During those hours, no person shall be present
in a Township cemetery. Such prohibition on being present in a Township
cemetery during the time when a Township cemetery is closed shall
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 fire-fighting official when engaged in the
lawful duties of any such office or position.
A.
No person
shall destroy, deface, apply graffiti to or otherwise injure any monument,
sign, tree or other lawful 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.
No vehicles
shall be permitted to drive on lawns or cemetery plots in a cemetery.
D.
There
shall be no entry or presence in the cemetery by any person when the
cemetery is closed or outside of authorized times.
E.
There
shall be no destruction of cemetery property.
F.
There
shall be no destruction, defacing, cutting, etc., of any tree or plant
within the cemetery.
G.
There
shall be no headstones, ornaments, vases, artificial flowers, fences,
benches, trellises, statues, signs or any other item placed, kept,
installed or maintained in the cemetery except those expressly allowed
by this chapter.
H.
There
shall be no disturbing of the peace or engaging in any loud or boisterous
conduct.
I.
There
shall be no digging, grading or mounding unless expressly authorized
by this chapter.
J.
There
shall be no driving of an automobile, truck or any vehicle on any
portion of the cemetery except the designated roads or drives.
K.
There
shall be no motorcycles, snowmobiles, four-wheelers, go-carts or similar
vehicles.
L.
There
shall be no disinterment or grave openings unless approved by the
Township.
M.
There
shall be no possession or consumption of any alcoholic beverage.
N.
There
shall be no picnicking or consumption of food without prior Township
approval.
O.
There
shall be no music, playing of any radio, or the use of any amplification
device or similar item, except pursuant to a military ceremony or
a funeral.
P.
There
shall be no solicitation or peddling of services or goods or any signs
or placards advertising any goods or services.
Q.
There
shall be no littering or dumping.
R.
There
shall be no unlawful interference with or disruption of a lawful funeral
or funeral procession.
S.
There
shall be no private signs, lighting, moving displays or changeable
copy on a sign.
T.
There
shall be no fires, candles or open flames.
U.
No children
under 12 years of age shall be allowed in the Township cemetery unless
accompanied by an adult and properly supervised by an adult.
V.
There
shall be no exceeding of posted speed limits.
W.
There
shall be no domestic animals of any kind or pets allowed within the
cemetery grounds. However, this prohibition shall not apply to dogs
assisting handicapped persons.
X.
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.
Y.
No person
shall engage in any fight, quarrel or disturbance.
Z.
Cremains
or ashes of a deceased person shall not be scattered or dispersed.
AA.
There
shall be no dumping, vandalizing or tipping over of any lawful garbage
container or receptacle.
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 the Township
cemetery as may be specified from time to time by the Township Board.
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, niche opening, setting of foundations, grave
closing, winter or holiday burial, the price for a new cemetery plot
or columbarium niche, maintenance fund, transfer fees for cemetery
plots, columbarium niche markers and other matters. Cemetery maintenance
funds will only be disbursed by motion of the Township Board.
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 fire-fighting
officials or officers involved in carrying out their official duties.
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 Board (or its designee) 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 persons 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 the Township cemetery, rights to
a cemetery plot or columbarium niche, 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 thirty (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.
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:
