Cemetery Ordinance

OWOSSO CHARTER TOWNSHIP CEMETERY ORDINANCE

No. 06-3-1

AN ORDINANCE TO PROTECT THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE BY ESTABLISHING REGULATIONS RELATING TO THE OPERATION, CONTROL AND MANAGEMENT OF CEMETERY OR CEMETERIES OWNED BY THE CHARTER TOWNSHIP OF OWOSSO, SHIAWASSEE COUNTY, MICHIGAN; TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE AND TO REPEAL All ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.

THE CHARTER TOWNSHIP OF OWOSSO, COUNTY OF SHIAWASSEE, MICHIGAN. ORDAINS:

Section 1: Title

This ordinance shall be known and cited as the Owosso Charter 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 8 burial spaces.

An adult burial space shall consist of a land area four (4) feet wide and eight (8) feet in length with same applying for infants and cremains.

Section 3: Sale of Lots or Burial Spaces

Cemetery lots or burial spaces shall be sold to residents and non-residents 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, cemetery proprietors or others than as heretofore set forth.

A person must reside in Owosso Charter Township to purchase a burial space at the residential rate. A resident may only purchase a burial space for themselves or a member of their immediate family which resides at the same address within the township that the purchaser does and must so be designed to be buried in that space.

All such sales shall be made on a form approved by the township board, which grants a right of burial. Such form shall be executed by the cemetery sexton, caretaker or township clerk.

Burial rights may only be transferred to those persons eligible to be original purchasers of cemetery lots or burial spaces and may be effected only by endorsement of an assignment of such burial permit upon the original burial permit form issued by the cemetery sexton, caretaker or township clerk, approved by said township clerk and entered upon the official records of said cemetery sexton, caretaker or township clerk. Upon such assignment, approval and record, said cemetery sexton, caretaker or township 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 adult, infant and cremains burial space for township residents shall cost the sum of $200.00.

Each adult, infant and cremains burial space for non-township residents shall cost the sum of $500.00

Anyone wanting to change from one empty burial space location after the original purchase of another or any transfer of empty burial spaces from one original purchaser to a qualified assignee shall be charged a per burial space fee of $25.00.

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Owosso Charter Township Cemetery Ordinance

Section 5: Grave Opening Charges

No prearranged opening and closings shall be allowed. The price in effect at the time of the opening and closing shall apply. If the deceased is not a township resident at the time of death, the non resident open and close rates will be charged.

The opening and closing of a grave shall be $200.00 Monday through Friday and $250.00 for a Saturday, Sunday or Holiday burial for township residents.

The opening and closing of a grave shall be $325.00 Monday through Friday and $375.00 for a Saturday, Sunday or Holiday for non-residents.

A cremains burial shall be $100.00 Monday through Friday and $125.00 on Saturday, Sunday and Holidays for residents.

A cremains burial shall be $200.00 Monday through Friday and $225.00 on Saturday, Sunday and Holidays for non-residents.

This provision shall not apply to proceedings for the removal and re-interment 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 monuments must be located upon a suitable foundation to maintain the same in an erect position.

Only one monument, market or memorial shall be permitted per burial space.

The footing or foundation upon which any monument, market or memorial must be placed shall be constructed according to township specifications and installed by the township cemetery sexton or maintenance person between May 1 and October 1 each year, weather permitting. The cost for the footing or foundation shall be paid for in advance by the person so requesting the installation.

Footing/Foundation Specifications: Four inch (4”) thick concrete foundation with a minimum four inch (4”) all-around border larger than the marker.

The price shall be for the stone size and shall be as follows, Small Foundation (24”x12” or smaller) $100.00, Medium Foundation (larger than 24”x12” to 34”x 14”) $150.00, Large Foundation (larger than 34x14” to 48”x12”) $200.00, Extra Large Foundation (larger than 48”x12 to 60”x14” shall be $250.00. Any larger foundation would need approval by the Owosso Charter Township Board and the cost of such would be set forth by the board.

Section 7: Work Orders and Price Collections or Changes

All lot sales, transfer, foundations, opening and closing of burial spaces shall be done so by Owosso Charter Township through its cemetery sexton, caretaker or clerk.

Any foregoing charges received by the cemetery sexton, caretaker or township clerk as so stated in section 4, section 5 and section 6 shall be delivered to the township treasurer who then shall deposit the same in the

township cemetery fund.

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Owosso Charter Township Cemetery Ordinance

The township board by resolution, may periodically alter any of the foregoing fees in section 4, section 5 and section 6 to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisitions.

Section 8: Interment Regulations

No above ground interments or mausoleums shall be permitted.

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 and only two (2) cremation burials shall be allowed per burial space.

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 spaces.

If for any unforeseen reason or severe weather conditions a burial space can not be opened or closed, it shall become the responsibility of the surviving loved ones of the deceased to make other arrangements and cost adjustments with the funeral home. Including but not limited to the storage of the body or cremains at the funeral home until the opening or closing is made possible.

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, caretaker or the township clerk prior to internment. Where such permit has been lost or destroyed, the cemetery sexton, caretaker or 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 with in the confines of the burial space involved.

Section 9: Ground Maintenance

No grading, leveling, or excavating upon burial space shall be allowed without the permission of the cemetery sexton, caretaker, or township clerk.

No flowers, shrubs, trees or vegetation of any type shall be planted without the approval of the cemetery sexton, caretaker, or the township clerk. Any of the foregoing items planted without such approval may be removed by the township, sexton or caretaker.

The township board 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.

Mounds, which hinder the free use of a lawn mower or other gardening apparatus, are prohibited.

The cemetery sexton or caretaker 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 nature including, among others, dried flowers, wreaths, papers, and flower containers must be removed or deposited in containers located within the cemetery.

It shall be the responsibility of the owner or surviving loved ones, to keep a one foot (1’) diameter around any marker, free of weeds and tall grass.

Grave blankets and/or anything made of Styrofoam shall not be allowed.

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Owosso Charter Township Cemetery Ordinance

It shall be the responsibility of the owner or loved one, to remove, repair, reset or replace any marker,

memorial or monument that has been vandalized or has deteriorated.

Owosso Charter Township shall not be responsible for anything lost, stolen or damaged within any township owed cemetery or cemeteries.

Section 10: Forfeiture of Vacant Cemetery Lots or Burial Spaces

Cemetery lots or burial spaces sold after the effective date of this ordinance and remaining vacant 40 years from the date of their sale shall automatically revert back 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/her of the expiration of the 40 year period and that all rights with

respect to said lots or spaces will be forfeited if he/she does not affirmatively indicate in writing

to the township clerk within sixty 60 days from the date of mailing of the written notice his/her

desire to retain said burial rights; and

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/her heirs or legal representative within 60 days from the date of mailing of said notice.

Section 11: Repurchase of Lots or Burial Spaces

The township will repurchase any cemetery lots or burial space from the owner for the original price paid

to the township upon written request of said owner or his/her heirs or legal representatives.

Section 12: Records

The cemetery sexton, caretaker or clerk shall maintain records concerning all burials and issuance of burial permits. All records shall be kept at the township hall and shall be open to the public for inspection during reasonable hours, upon contacting the cemetery sexton, caretaker or clerk.

Section 13: Vault

All burials shall be within a standard concrete vault installed or constructed in each burial space before interment.

All cremains shall be within a cremation vault, which shall be furnished by the crematorium and made of plastic or concrete.

Section 14: Cemetery Hours

The cemetery shall be open from dawn to dusk each day, except access roads will only be plowed for funerals during the winter months

Should any vehicle become stuck on any of the roads in the cemetery it shall be the responsibility of the owner of that vehicle to have it removed.

Section 15: Penalties:

Any person, firm or corporation who fails, refuses, neglects or violates any of the provisions of the within ordinance shall be guilty of a civil infraction which shall subject them to civil sanctions as herein provided and a fine not to exceed $500.00. Each day that a violation continues to exist shall constitute a separate offense.

Section 16: 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

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Owosso Charter Township Cemetery Ordinance

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 17: Repealer:

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 18: Effective Date:

This ordinance shall not take effect until after final adoption.

STATE OF MICHIGAN)

)ss.

COUNTY OF )

We the undersigned fully qualified and acting township supervisor and clerk respectively of the Charter Township of Owosso, Shiawassee County, Michigan do hereby certify that the forgoing Ordinance was preliminarily introduced and adopted by Owosso Charter Township at a regular meeting, duly called on the 26 th day of March, a.d. 2002, and that the meeting was held in compliance with the notice provisions and all the requirements of acts 267 of the public acts of 1976.

Carolyn L. Mowatt/Clerk

Richard A. Gute/Supervisor

Owosso Charter Township Publish June 30, July 11, 2002

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Owosso Charter Township Cemetery Ordinance