Section 1; Title
This ordinance shall be known and cited as the Ensley Township cemetery
Ordinance.
Section 2; Purpose
An
ordinance to protect the health, safety, and general welfare by
establishing regulations relating to the operation, control, and
management of cemeteries Owned by the Township of Ensley, Newaygo County,
Michigan; to provide penalties for the violation of said ordinance and to
repeal all ordinances or parts of Ordinances in conflict therewith.
Section 3; Definition
A. A cemetery lot is hereby defined to include a
burial park for earth interments.
B. A cemetery lot shall consist of burial spaces
sufficient to accommodate six burial spaces, or eight spaces, depending on
(which cemetery).
C. A burial space shall consist of a land area in
the Ensley Township cemeteries That shall be four feet wide by eight feet
in length.
D. Interment means the permanent disposition of
human remains by cremation and entombment or burial.
E. Burial right means a right of earth interment.
F. Resident is a person who is currently residing in
Ensley Township.
G. Non-resident is a person who does not currently
live within Ensley Township.
H. Township sexton is the person so designated by
the Township Board to open And close burial spaces.
I. A memorial shall include a monument, marker,
tablet, or headstone for a family or individual use.
J. A monument shall include a tombstone or memorial
of granite, marble, concrete or metal, which shall extend above the
surface of the ground.
K. A marker is a monument that is flush with the
ground.
L. Cremation is the incineration of the body of a
deceased person.
M. Immediate family is. Parents, the children and
spouse (which means spouse of children).
N. Property owner is someone that currently owns
property in Ensley Township.
Section 4; Administration and enforcement
The
Ensley Township Board is hereby empowered to enforce all rules and to
exclude from the cemeteries any/all persons violating the same. The
Township Board and or the sexton shall have charge of the grounds and
buildings.
This includes, the conduct of funerals, traffic, burial space owners and
visitors, And at all times shall have supervision and control of all
persons in the cemetery.
Section 5; Sale of Burial rights in cemetery lots or burial spaces
A.
Burial rights in cemetery burial spaces shall be sold and conveyed to
Ensley Township residents or property owners. The sale and conveyance, of
such rights shall be only or the purpose of burial for the deceased and
immediate family. No such sales shall be made to funeral directors or
others, unless they otherwise qualify as purchasers under the terms of
this subsection. A non-resident non-property owner is limited to 2 burial
spaces per purchase by one person (this is to make allowance for a person
and their spouse).
B.
Sales of burial rights shall be made only on a form of BURIAL RIGHTS
CERTIFICATE approved by the Township Board. Such certificate grants a
right of burial only and shall not convey any other title or interest to
the cemetery lot or burial space sold. Such, Burial Rights Certificate
shall be Executed by the Township Clerk.
C.
Burial rights may only be transferred to those personas eligible to be
original purchasers of cemetery lots or burial spaces within the township
and may be affected only by endorsement of an assignment of such burial
rights upon the original certification issued by the Township Clerk.,
approved by said Clerk, and entered upon official records of said Clerk.
Upon such Certificate to the assignee and shall cancel and terminate upon
such records the original permit thus assigned.
Section 6; Reserve procedure
A.
persons that qualify, have the right to reserve a space in the order of
burial at the time they reach 55 years of age, at no charge, persons under
55 can reserve a maximum of 2 additional spaces for a fee.
Section 7; Purchase Price and transfer fees
A. The cost of each cemetery lot and burial space
shall be determined by the Township Board.
B. A fee shall be charged for any transfer of one or
more burial spaces.
C. The foregoing shall be paid to the Township and
shall be deposited in the Township General Fund under the Cemetery
activity account.
D. The Township Board by resolution may periodically
adjust fees to Accommodate increases in costs and needed reserve funds for
Cemetery Maintenance and acquisition.
Section 8; Grave opening charges
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.
No burial space shall be opened and closed except under the direction and
control of the cemetery sexton. This provision shall not apply to
proceedings for removal of interment of bodies, and remains. Which matters
are under the supervision of the local health department.
C.
An, extra cost may be charged by the Township sexton for opening a burial
space in the winter months.
Section 9; Memorial, Markers, Monuments
A.
In that orderly business procedure is necessary to permit sound operation
of the cemeteries, for and in the interest of all lot owners, and the
community, which it serves, these specifications are the result of careful
study and reasonable application of the memorial ideal. They are not
designed to hinder or be harmful to anyone and upon due consideration will
stand the test of reason. No, one should deliberately violate the
reasonable requirements of the cemetery.
B.
To avoid the appearance of congestion, only one central family memorial
Should be placed on a family plot.
C.
For the best interest and protection of the lot owner, memorials, even for
Temporary use, of cement, artificial stone, composition wood, tin, or iron
shall not be permitted.
D.
The placing of all monuments and work done on memorials is to be done by
the sexton.
E.
Out of respect and for other obvious reasons, all work of any description
shall cease while a funeral or interment is being conducted nearby. It
shall also be required that trucks and workmen withdraw to a reasonable
distance from the location of the funeral service.
F.
To properly perpetuate memory, all monument and markers should be of first
quality granite, marble, cement, metal or other natural stone, the
quarries to agree with the cemetery that such material will be free from
sap and components which cause rust stains and from natural faults which
might cause checks or cracks
G.
Foundations, (footings), for monuments or markers etc. are installed by
the sexton with a (3) inch coping. Payment in advance for foundations,
payment to be to proper authority, (funeral home, clerk, sexton, monument
company). if any fault resulting from improper installation of the
foundations by the sexton develops within five years from the date of
installation, the cemetery shall rectify the condition without cost to
others.
H.
Individual grave markers either above grade, or flush with the grade are
to be of sizes determined by the Ensley Township Board. Individual
markers, whenever possible in lot, shall be placed at the front of the
grave. One per grave space
I.
Should any monument be unsightly, dilapidated, or a safety hazard to
visitors, the Ensley Township Board shall have the right at the expense of
the lot owner to correct the condition or to remove the same
J.
The Ensley Township Board has the authority to deem a marker, monument or
other memorial to be inappropriate and thus prohibit it from being placed
in the cemetery.
K.
The Ensley Township Board, at its expense, may without liability, correct
any Error that may occur in the placing of a foundation or memorial.
L.
Striving for surroundings of peace and beauty as a setting for monuments
Prohibits advertising of any description within the cemetery.
Section 10; Interment regulations
A.
Only one person may be buried in a burial space except for a parent and an
Infant or two children buried at the same time, or two cremations.
B.
A minimum of not less than 48 hours notice shall be given in advance of
any Funeral to allow for the opening of the burial space. Weather/or other
conditions permitting.
C.
The appropriate cemetery lot certificate for the burial space involved
will appropriate identification of the person to be buried therein and,
where necessary, shall be verified by the Cemetery Sexton or the Township
Clerk prior to interment. Where such certificate has been lost or
destroyed, the Township Clerk shall be satisfied, from his/her records,
that the person to be buried in the space is an authorized and appropriate
one before interment is commenced or completed.
D.
All graves shall be located in an orderly and neat appearing manner within
the confines of the burial space involved.
E.
Disinterment, and re-interments shall be under the supervision of the
Township Sexton, a licensed funeral director and the local health officer.
F.
Disinterment of remains shall take place only upon issuance of a permit by
the local health officer; provided, however, a permit shall not be
required to disinter cremated remains. A duplicate copy of any
disinterment or re-interment permit shall be maintained by the Township
Clerk, as part of the permanent records of the cemetery.
G.
A permit shall not be required to open a casket to remove an article there
from or to place an article therein before interment. The opening of a
casket for such purpose shall be under the supervision of the Funeral
Director.
H.
Burial, spaces may be reserved by qualifying individuals beginning at age
55, at no fee.
I.
Plantings are allowed, within 12 (twelve inches) of Graveside of stone,
and either side. Not allowed on Non-Grave side.
Section 11; Ground maintenance and care
A.
The general care of the cemeteries are assumed by Ensley Township and
includes the cutting of the grass at reasonable intervals. The raking and
cleaning of the grounds, and the pruning of shrubs and trees that may be
placed at the discretion of the Ensley Township Board, and cemeteries
associations.
B.
No, grading leveling or excavating upon a burial space shall be allowed
without the permission of the Cemetery Sexton or of the Township Board.
C.
No, shrubs, trees or vegetation of any type shall be planted without the
approval of the Township Board. Any of the foregoing items planted without
such approval may be removed by the Township Board
D.
The Township Board reserves the right to authorize the removal or the
trimming of any tree, plant or shrub located within the cemetery in the
interest of maintaining proper appearance and the use of the cemeteries.
E.
Mounds which hinder the free use of a lawn mower or other gardening
apparatus are prohibited.
F.
The Cemetery Sexton shall have the right and authority to remove and
dispose of any and all growth, emblems, displays or containers thereof
that through decay, deterioration or damage are determined to be
unsightly, or a source of litter or a maintenance problem.
G.
Landscape materials (i.e. bark, mulch, stone, etc.) other than earth or
sod are prohibited unless approved by the Sexton and/or the Township.
H.
Urn/containers may be placed on burial spaces from May 1st. through
October 1st. The Township Sexton or person so designated by the Township
Board may remove any and all refuse of any kind or nature including, among
others, dried flowers, wreaths, papers and flower urns/containers which
have not been removed from the cemetery by November 1
I.
No advertisement or posting of any signs is to be permitted with the
exception of Township notices.
J.
No hunting or trapping on the cemetery ground is to be permitted, except
by approval by the Township Board.
K.
Vehicles may be operated within the cemeteries only upon the roads, and
only as directed by traffic signs or other signs. The use of off-road
vehicles anywhere in the cemeteries is prohibited.
L.
Memorials/markers will face to the west, (which means, a person will have
to face east to read the face of the memorial/marker), as has been the
generally accepted policy of the Ensley Township Cemeteries.
Section 12; Forfeiture of vacant cemetery lot or burial spaces
A.
Cemetery lots or burial spaces sold and remaining vacant 40 years from the
date of their sale shall automatically revert to the Township upon
occurrence of both of the following events.
B.
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 them of the
expiration of the 40 year period. And that all rights with respect to said
lots or spaces will be forfeited if they do not affirmatively indicate in
writing to the Township Clerk within 60 days from the date of the written
notice their desire to retain said burial rights.
C.
Upon no written response to said notice indicating a desire to retain the
cemetery lot or burial spacēs in question, is received by the Township
Clerk, from the last owner of record of said lots or spaces, or his/her
heirs or legal representative, within 60 days from the date of said
notice.
D.
Upon the occurrence of the events stated in subparagraphs A. B. the
Township shall become the owner of such cemetery lots and burial spaces,
without any other conveyance or proceedings. The Township may thereupon
sell and convey such cemetery lots and burial spaces to others. Or may
otherwise deal with such lots and spaces as permitted by this ordinance.
Section 13; Repurchase of lots or burial spaces
Upon approval of the Township Board, the Township may repurchase any
cemetery lots or burial spaces from the owner for the price paid the
Township, upon written request of said owner or his/her legal heirs or
representatives.
Section 14; Records
The
Township Clerk shall maintain records concerning all burials and issuance
of burial permits separate and apart from any other records of the
Township and the same shall be open to public inspection, during
reasonable office hours. Records are at Township Clerks Office and
Township Hall.
Section 15; penalties
Any
person, firm or corporation who violates any of the provisions of the
within ordinance shall be guilty of a misdemeanor and upon conviction
shall be fined not more than five-hundred ($500.00) or shall be imprisoned
for not more than ninety (90) days, or both, such fines and imprisonment
in the discretion of the court. Each and every day during which any
violation continues shall be deemed a separate offense. The duly
authorized attorney for the Township is empowered to prosecute such
violations.
Section 16; Severability
The
provisions of this ordinance are hereby declared to be severable and
should any provisions, section or part thereof be declared invalid or
unconstitutional by any court of competent jurisdiction, such decision
shall only affect that 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 fill force and effect.
Section 17; Cemetery Hours
A.
The cemetery shall be open to the public from daylight to dark.
B.
No person shall be permitted in the Township cemeteries at any time other
than the foregoing hours, except upon permission of the Township Board or
the sexton of the cemeteries.
C.
Any amendments to ordinance will not change this ordinance, but will be an
amendment to that part of this ordinance.
Section 18; Effective Date
This ordinance shall take effect on October 2, 2000.
Copyright 2008 - Ensley Township - All Rights
Reserved
