CEMETERY ORDINANCE 7-2004
This ordinance is to protect health, safety and general welfare by establishing regulations to the operations, control, and management of cemetery owned by the Township of Escanaba, County of Delta, and Michigan; to provide penalties for the violations of said ordinance, and to repeal all ordinances or part of ordinances in conflict therewith.
THE TOWNSHIP OF ESCANABA, COUNTY OF DELTA, MICHIGAN ORDAINS:
This ordinance shall be known and cited as the Escanaba Township Cemetery Ordinance.
Section 2: Definitions of cemetery lots and burial spaces.
A cemetery lot shall consist of burial spaces sufficient to accommodate from one to five burial spaces.
An adult burial space shall consist of a land area four (4) feet wide and ten (10) feet in length.
Section 3: Sale of lots or burial spaces.
Hereafter, cemetery lots or burial spaces shall be sold 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.
All such sale shall be made on a form approved by the township board, which grants a right or burial only and does not convey any other title to the lot or burial space sold. The township clerk shall execute such forms.
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, approved 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.
Section 4: Purchase price and transfer fees.
Each burial space shall cost the sum of $100.00 each ($50 lot and $50 perpetual care).
Any transfer of one or more burial spaces from an original purchaser to a qualified assignee shall cost $20.
The foregoing charges shall be paid to the township treasurer and shall be deposited in the cemetery fund.
The Township Board may periodically alter the foregoing fees to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisition.
Section 5: Grave opening charges.
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 the Township Board, payable to the township.
No burial spaces shall be opened and closed except under the direction and control of the clerk or cemetery sexton. This provision shall not apply to proceedings for the removal and refinement of bodies and remains, which matters are under the supervision of the local health department.
Section 6: Markers or memorials.
All markers or memorials must be of stone or other equally durable composition.
Any large upright monument must be located upon a suitable concrete foundation to maintain the same in an erect position.
Only one monument, marker or memorial shall be permitted per burial space, with a maximum of 400 total pounds.
The footing or foundation upon which any monument, marker or memorial must be placed shall be constructed by the owner of burial right, monument seller, or funeral home, shall be minimum of 3 inches larger then monument on all sided, and should be between 4” and 5” in depth.
Section 7: Interment regulations.
Only one person may be buried in a burial space except for a mother and infant or two children buried on opposite ends or ashes on top of another person. Each site must be 12” below the surface.
Not less than 48 hours notice shall be given in advance of any time of any funeral to allow for the opening of the burial space unless other arrangements were made.
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 the cemetery sexton or 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.
All graves shall be located in an orderly and neat appearing manner within the confines of the burial space involved.
Section 8: Ground maintenance.
The Township shall provide for the perpetual care and maintenance of the cemetery or burial lot upon the payment by the owner of the lot or another person of the agreed upon sum, and in consideration for which the municipality may bind itself perpetually care for and maintain the lot.
No grading, leveling or excavating upon burial space shall be allowed without the permission of the cemetery sexton or the township clerk.
No flowers, shrubs, tree or vegetation of any type shall be planted without the approval of the cemetery sexton or the township clerk. The township shall remove any of the foregoing items planted without such approval for the cemetery sexton.
The township board reserves the right to remove or trim any tree, plants, or shrub located within the cemetery in the interest of maintaining proper appearance and the use of the cemetery.
Mounds, which hinder the free use of a lawn mower or other gardening apparatus, are prohibited.
The cemetery sexton shall have the right and authority to remove and dispose of any and all growth, emblems, displays or containers therefore that through decay, deterioration, damage or otherwise become unsightly, a source of litter or a maintenance problem.
Surfaces other than earth or sod are prohibited.
All refuse of any kind or natural including, among other, dried flowers, wreaths, papers, and flowers containers must be removed by October of each year.
Section 9: Vacant cemetery lots or burial spaces.
They are to be passed on to the nearest family member upon identity after 40 years of this date.
The Township preserves the future right of repurchase of burial lots.
Section 11: Records.
The township clerk shall maintain records concerning all burials, issuance of burial permits separate and apart from any other records of the township.
Section 12: Vault.
All burials shall be within a standard concrete vault installed or constructed in each burial space before interment. Babies and urns will be in a special vault 12” under the surface.
Section 13: Cemetery hours.
The cemetery shall be open to the general public from the hours of sun up to sun down each day.
Section 14: Penalties.
Any person, firm or corporation who violates any of the provisions of the within ordinance shall be guilty of a civil infraction and shall be subject to a fine of up to $100.00 and/or imprisonment for up to 90 days in jail as may be determined by a court of competent jurisdiction. Each day that 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.
Section 15: Severability
The provisions of the within ordinance are hereby declared to be severable and should any provision, section or part thereof be declared 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 such ordinance which shall continue in full force and effect.
Section 16: Effective Date.
This ordinance shall take effect on September 9, 2004. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Patricia J. Beauchamp
Escanaba Township Clerk
August 9, 2004
Cemetery Lot Sales
1 lot for $50.00
1 lot perpetual care $50.00
Total for 1 lot $100.00
Opening & Closing of 1 adult size lot: $275.00
Of 1 baby $125.00
Of still born $125.00