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Ordinance #15 - Cemetery

(Ord. No. 15)
121.001           Cemetery board.
Sec. 1. The Township Board is a Cemetery Board and they make such rules and regulations pertaining to the conduct and use of the Township cemeteries as are necessary to administer the same or to protect public property or the safety, health, morals, welfare of the public, and no person shall fail to comply with such rules or regulations.
(Ord. No. 15, Eff. July 29, 1988)
121.002           Cemetery superintendent.
Sec. 2. The Cemetery Board shall appoint a superintendent to regulate the requirements of this Ordinance with compensation set by the Cemetery Board.
(Ord. No. 15, Eff. July 29, 1988)
121.003           Bury, remove or disinter.
Sec. 3. No person shall bury, remove, or disinter the body of any deceased person from any cemetery owned by the Township of Berrien without first obtaining a permit from the Township Clerk.
(Ord. No. 15, Eff. July 29, 1988)
121.004           Destruction of property; trespass.
Sec. 4. No person shall:
(a)    Deface, mar, write upon or otherwise injure any property in the Township Cemeteries, or deface, mar, write upon or otherwise injure any monument, design, decoration or other thing within said grounds, nor shall any person pluck any flowers, or break any trees, shrubs or plants, provided however, this section shall not be construed to prohibit an owner from pruning shrubs, trees, or removing or replacing plants on his own lot or otherwise caring for his own lot.
(b)   Hunt, use off road vehicles or allow dogs to run at large in the Township Cemeteries. No person shall carry firearms in any Township Cemetery, except in case of military funerals and Memorial Day services.
(c)    Trespass on any cemetery lot.
(Ord. No. 15, Eff. July 29, 1988)
121.005           Prices.
Sec. 5. Prices of cemetery lots may be obtained from the Township Clerk which shall be determined by the Cemetery Board.
(Ord. No. 15, Eff. July 29, 1988)
121.006           Rules and regulations.
Sec. 6. All lot owners in the Township Cemeteries are subject to such rules and regulations as are now in force or which may be hereafter adopted.
(Ord. No. 15, Eff. July 29, 1988)
121.007           Maintenance.
Sec. 7. All work necessary to maintain the cemetery grounds shall be done by the superintendent or cemetery employees or as directed by the Cemetery Board.
(Ord. No. 15, Eff. July 29, 1988)
121.008           Ground changes.
Sec. 8. The Cemetery Board .reserves the right to enlarge, reduce, replat and change the boundaries or grading of the cemeteries, or of a section, or sections, to remove or regrade roads, drives and walks, and to lay, maintain and operate, or change pipe lines and gutters for sprinkling systems or drainage.
(Ord. No. 15, Eff. July 29, 1988)
121.009           Lot owner.
Sec. 9. The term "lot or grave owner" shall be construed to mean the owner of burial rights or privileges, evidenced by a burial right certificate or by proved descent or devise from the owner. Such burial rights shall be placed on record with the Township Clerk.
(Ord. No. 15, Eff. July 29, 1988)
121.010           Description errors.
Sec. 10. The Cemetery superintendent reserves the right to correct any errors in the description or conveyance of any lot or burial, either by canceling such conveyance and substituting and conveying another lot or burial in lieu thereof of equal value and similar location as far as possible, or by refunding the money paid on account of such purpose. In the event such error shall involve the interment of the remains of any person, the superintendent shall have the right to remove and transfer such remains to such other property so substituted without cost to such person. The superintendent shall exercise reasonable care in making removal, but the Cemetery Board shall not be liable for any damage to casket, burial case or urn in such removal.
(Ord. No. 15, Eff. July 29, 1988)
121.011           Restrictions.
Sec. 11. No lot or grave shall be used for any purpose other than as a place of burial of human dead. Only regular cemetery equipment shall be used at funerals.
(Ord. No. 15, Eff. July 29, 1988)
121.012           Payment.
Sec. 12. Payment or satisfactory arrangements for same, must be made for all monies due the cemeteries before interment will be allowed.
(Ord. No. 15, Eff. July 29, 1988)
121.013           Penalty for violation.
Sec. 13. Any person violating or failing or refusing to comply with any of the provisions of this Ordinance and the posted rules and regulations shall be guilty of a misdemeanor, and upon conviction of a violation of any provision of the Ordinance or the posted rules and regulations, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed ninety (90) days, or both such fine and imprisonment, in the discretion of the Court. Each violation, failure or refusal to comply with the provisions of this Ordinance or the posted rules and regulations shall constitute a separate offense.
(Ord. No. 15, Eff. July 29, 1988)
121.014           Effective date.
Sec. 14. This Ordinance shall become effective thirty (30) days from and after its adoption and publication.
(Ord. No. 15, Eff. July 29, 1988)
121.015           Adoption.
Sec. 15. This Ordinance is hereby declared to have been adopted by the Township Board of the Township of Berrien, County of Berrien, State of Michigan, at a meeting thereof duly called and held on the 14th day of June, A. D. 1988, and ordered to be given publication in the manner prescribed by law.
(Ord. No. 15, Eff. July 29, 1988)
121.016           Rules for Township cemeteries.
                 I. Cemetery grounds.
A.     No person shall use any cemetery for the purpose of demonstrating any vehicle or of instructing another, or of learning to drive any vehicle.
B.     The superintendent shall have the right to remove all urns, floral designs, flowers, plants or herbage of any kind from the cemeteries as soon as, in his judgment, they become unsightly or do not conform to the standards to be maintained, with no responsibility to the owners. Winter decorations may be placed on graves not earlier than November 1st and remain until April 1st. Unless they are removed by the owner by April 1st,
C.     The Cemetery Board shall use reasonable diligence to protect the property of all owners within the Township cemeteries, but it will not be responsible for the loss of or damage to any articles left on any lot or grave, or damage to any monument or other property of lot owners, by thieves or vandals.
D.     The Cemetery Board reserves to its members and employees and to those lawfully entitled thereto the perpetual right to passage over lots for the purpose of performing their duties.
E.      No person shall obstruct any walk or drive nor commit any trespass in any Township cemetery, nor injure, mar or deface in any manner any monument, ornament, fence, bridge, seat, tree, fountain, shrub, flower, or anything within or pertaining to said cemetery.
F.      No person shall bring illegal drugs into or drink in any Township cemetery any intoxicating liquors.
G.     No person shall place or deposit any garbage, glass, tin cans, paper or miscellaneous waste in any cemetery except in containers so provided for that purpose.
H.     No curb, decoration, design, embellishment or improvement of any sort shall be placed upon any burial lot, nor shall any alteration of the surface of the ground be made, nor shall any labor be done unless the same shall have been approved by the cemetery superintendent, provided that if any person feels himself aggrieved by the decision of the cemetery superintendent he may appeal to the Cemetery Board.
I.        If any monument or other structure or any inscription that may be placed in or upon any burial lot shall be determined by the Cemetery Board to be offensive or improper, the said offensive or improper object shall be removed by the owner forthwith. If the owner shall fail to remove the said offensive or improper object when notified to do so by the cemetery superintendent, the superintendent shall have the "right to enter upon the premises and remove the said offensive or improper object and the expense thereof shall be charged to the owner by the Cemetery Board.
J.       If any trees or shrubs in or upon any lot shall, in the judgment of the cemetery superintendent, by means of their roots, branches, or other­wise become detrimental to the adjacent grounds or unsightly or inconvenient to the public, the superintendent shall have the right to enter upon the premises and remove such trees or shrubs or any part thereof.
K.    The Cemetery Board does not wish to unnecessarily restrict the individual desires or tastes of lot owners, but desires to place before them for observance such rules and regulations as will protect them and carry out the general landscape design as the cemeteries are developed.
L.      The superintendent shall have the general supervision and control of the cemetery grounds, buildings and equipment, and all funeral processions when entering the cemetery, the employment of necessary help, subject to the direction and approval of the Cemetery Board, and it shall be the superintendent's duty to enforce all rules and regula­tions adopted by the Board.
M.   To qualify as a resident one shall have lived continuously in Berrien Township for a period of 180 days immediately preceding his claim of residency or has permanently established residency by other means.
                II. Rules governing burials.
A.     Orders from undertakers for the opening of graves shall be construed as orders of the lot owners. Anyone placing orders by telephone shall be responsible for any error made in opening graves. Every person ordering the opening of a grave shall give the outside dimensions of vaults or enclosures, and shall be responsible for the payment thereof.
B.     The placing of flowers around graves at time of burial is part of the undertaker's service.
C.     No florist or gardener shall have the right to enter any of the Township Cemeteries and remove from the grave lot, or storage or dump pile, any basket, wire frame, or any object of value, without first obtaining permission from the superintendent or lot owner.
D.     No grave mounds will be allowed.
E.      The right is reserved to keep single burials in sections by themselves.
F.      All burials, including cremations, shall be placed in approved (by the cemetery supervisor) concrete vaults.
              III. Rules governing memorials.
A.     Only one-piece markers will be allowed on a grave and only one marker will be allowed on a grave.
B.     All monumental work shall be placed and located in accordance with the instructions of the superintendent.
C.     All memorials must be set level with the surface of the ground and all corner posts must be level with the surface of the ground.
D.     No memorials shall be permitted to be removed from a lot without first giving notice to the superintendent.
E.      All bases shall be four (4) inches larger than memorial.
F.      Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The Township, therefore, reserves to itself the right without notice, to temporarily suspend or modify any rule or regulation, and such temporary suspension or modification shall be construed as affecting the general application or enforcement of such rule.
(Ord. No. 15, Eff. July 29, 1988; Mo. Adopt. April 13, 1993)

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