CHARTER TOWNSHIP
OF VIENNA
CEMETERY
REGULATIONS
ORDINANCE NO. 401
An ordinance to protect the public health, safety and general welfare by establishing regulations relating to the operation, control, maintenance and management of cemeteries owned, controlled or operated by the Township of Vienna, in Genesee County, Michigan; to provide penalties for the violation of said ordinance, and to repeal all ordinances or parts of ordinances in conflict therewith.
The Township of Vienna, County of Genesee, Michigan
ordains:
This Ordinance shall be known and cited as the “Vienna Township Cemetery Ordinance.”
The Vienna Township Board recognizes and concludes that the proper and reasonable maintenance, appearance and use of the cemetery or cemeteries owned or controlled by the Township is an important function of the government of the Township. It is also important that burials, disinterment 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 Ordinance is in the best interest of the property owners and residents of the Township.
( a ) A “cemetery plot” shall consist of an area in a Township cemetery sufficient to accommodate one burial space for one deceased person.. It shall consist of a land area at least thirty-six (36) inches wide and one hundred and two (102) inches in length. Exceptions may be made with Township permission to accommodate infant burial or the burial of cremains.
( b ) “Township” means Vienna Township.
( c ) “Township cemetery” or “cemetery” means any cemetery owned, operated and/or controlled by the Township.
( a ) After the effective date of this Ordinance, cemetery plots shall be sold by the Township for the purpose of burial for the purchaser of a cemetery plot, 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 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 or burial space sold. Such forms shall be signed by the Township Clerk or Deputy Clerk, and shall constitute a permit when approved.
( c ) Cemetery plots may be sold by the Township.
( d ) At the time of purchase from the Township, each cemetery plot shall be assigned the name of the specific person who shall be interred in that cemetery plot upon death.
( e ) Cemetery plots are nontransferable without
prior written approval by the Township.
( f ) The Township shall have the absolute right and discretion to determine whether a particular cemetery plot or plots will be sold to a specific person and where such cemetery plot or plots will be located and within which Township cemetery. Such decision shall be based upon reasonable factors, including, but not limited to, the number of vacant cemetery plots available and whether family or relatives of the person seeking to purchase a cemetery plot or plots are buried adjacent or nearby the cemetery plot or plots requested.
( g ) The Township shall have the right to correct any errors that may be made concerning interments, disinterment, or in the description, transfer or conveyance of any cemetery plot, either by canceling the permit for a particular vacant cemetery plot or plots and substituting and conveying in lieu thereof another vacant cemetery plot or plots in a similar location within the cemetery at issue or by refunding the money paid for the cemetery plot 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 in a similar location in the same Township cemetery in accordance with law.
( h ) The owner of every cemetery plot shall be responsible for notifying the Township whenever that person’s mailing address changes.
( a ) The Township Board may by resolution periodically alter the foregoing fees to accommodate increased costs and needed reserve funds for cemetery maintenance and acquisition.
( b ) All charges shall be paid to the Township Treasurer.
( c ) The Township Board may waive some or all fees for the burial of indigent persons. Furthermore, the Township Board may set aside a portion of a Township cemetery or cemeteries for the burial of indigent persons.
( d ) The lawful owner of any cemetery plot within the Township shall promptly provide the Township Clerk with any change in that owner's mailing address.
( a ) The Township may charge reasonable fees for the opening and closing of any cemetery plot, 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, prior to burial or interment.
( b ) No cemetery plot shall be opened or closed except under the direction and control of the Township Sexton or such other individual as in designated by the Township Board. This subsection B 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 twenty-four (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 ) Except for monuments that existed in a Township cemetery before the effective date of this Ordinance, no monument will be allowed or erected in a cemetery. For purposes of this Ordinance, “monument” shall be defined as any marker, memorial, statue or similar item, which exceeds a ground surface area exceeding thirty (30) inches in width (or forty-eight (48) inches in width for a double marker). Only one (1) above ground marker or memorial shall be permitted per cemetery plot, or one above ground marker or memorial in total where two adjoining plots share that one marker or memorial. One additional flush marker may be added per cemetery plot in the case of a cremains or infant buried on the plot . If a flush marker is installed the purchaser must sign a waiver stating that they will not hold Vienna Township responsible for damage from mowers driving over the marker. Secondary makers shall be no more than twelve (12) inches in width (or twenty-four (24) inches in width for a double marker).
( c ) The footing or foundation upon which any marker or memorial must be placed shall be constructed by such person(s) as may be designated by the Township Board. Fees for such work shall be set by the designated person and shall be paid to such person.
( d ) Should any monument or memorial (including any monument or memorial that was in place before this Ordinance 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.
Section
8. Interment Regulations
( a ) Only one (1) person shall be buried in a cemetery plot, except cremains, an adult and infant child or two (2) children buried at the same time when approved by the Township.
( b ) 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. The opening and closing of cemetery plots shall be done only by the Township or such person or persons as are designated by the Township.
( c ) The appropriate permit or form (work order) issued by the Township for the cemetery plot 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 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 an appropriate person for that space before any interment is commenced or completed.
( d ) Allowable items are allowed on the graveside of the marker (not to exceed 18" from the marker).
( e ) Allowable items are not allowed on the secondary marker on the plot.
( a ) No disinterment or digging up of an occupied grave shall occur until and unless any and all permits, licenses and written authorization 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 appropriate permit or form issued by the Township for the cemetery plot 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 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.
Section
10. Winter Burials
( a ) The Township may charge additional fees for winter burials.
( b ) If a winter burial cannot occur due to inclement weather, frozen ground or similar condition, the deceased person may be kept in winter storage until a spring burial can occur. Written permission by the next of kin or authorized agent must be obtained prior to winter storage. All such winter storage costs shall be paid by the estate of the deceased person or the person’s next of kin.
( c ) No winter burials shall occur without the prior consent of the Township Sexton.
( a ) Cremains may be buried in a container approved by the Township in a cemetery plot.
( b ) No cremains shall be scattered or dispersed within a Township cemetery.
( a ) Wreaths and grave blankets may be placed and maintained at the head stones of graves from November 15th thru April 1st.
( b ) No grading, leveling or excavating within a cemetery shall be allowed without the prior permission of the Township Sexton or the Township Clerk. Furthermore, no tree, shrub, landscaping or similar plantings shall occur without the prior permission of the Township Clerk.
( c ) No flowers, shrubs, trees or vegetation of any type shall be planted outside of an urn. Any of the foregoing items planted without Township approval will be removed by the Township.
( d ) The Township Board reserves the right to remove or trim any existing trees, plants or shrubs located within the cemetery in the interest of maintain proper appearance and the use of the cemetery.
( e ) Mounds, bricks, blocks and any borders that hinder the free use of a lawn mower or other gardening apparatus are prohibited.
( f ) The Township shall have the right and authority to remove and dispose of any and all growth, emblems, displays, containers and other item that through decay, deterioration, damage or otherwise become or are unsightly, a source of litter or a maintenance problem.
( g ) Surfaces other than earth or sod are prohibited.
( h ) 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.
( I ) No glass containers or items are allowed.
( j ) Except for markers, memorials, fresh cut flowers, planted flowers, one urn with live or artificial flowers or one shepherd hook with live plants in a hanging basket, or wreaths and grave blankets between November 1 and April 1, expressly allowed by this ordinance, and veteran flags as authorized by law. No other item (including, but not limited to, artificial flowers stuck in the ground, homemade grave markers, toys, clothing, glass, photographs, ornaments, signs, trellises, statues, benches, landscaping, bricks, stones, grave border materials or other structures) shall be installed or maintained within a Township cemetery, nor shall any grading, digging, mounding or similar alteration of the ground or earth occur except as authorized by the Ordinance or by the Township. Benches that will be used as monuments, (constructed out of marble or like material that is used for monuments) set on a foundation will be allowed.
Section
13. Disclaimer of Township Liability
and Responsibility
Every person who enters, remains in and travels within a Township cemetery does so at his or her own risk. The Township is not responsible for any injury, accident or other calamity that might occur to any person present in a Township cemetery. Furthermore, the Township is not responsible for any damage or vandalism to, theft of or deterioration of any burial monument, headstone, flower urn or other item placed at or near a cemetery plot, burial site or anywhere in a Township cemetery. The purchaser or transferee of any cemetery plot or the equivalent (and all subsequent transferees, assigns, heirs or beneficiaries) hereby releases, waives, indemnifies and hold 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 Township employee, officer, official or agent.
Section
14. Forfeiture of vacant cemetery plots
or burial spaces
Cemetery plots or burial spaces sold after the effective date of this Ordinance and remains vacant for forty ( 40 ) years or more from the date of their sale may revert back 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 know address of the last owner of record informing him/her of the expiration of the 40-year period and at that all rights with respect to said plots 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 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 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 sixty (60) days from the date of mailing of said notice.
Section
15. Repurchases of plots or burial
spaces
The Township may repurchase any cemetery plot from the owner for a price set by the Township Board,
upon the written request of said owner or his or her legal heirs or representatives.
Section
16. Records
The Township Clerk shall maintain records concerning all burials, cemetery plots, issuance of burial permit 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.
Section
17. Vaults
(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.
Section
18. Cemetery Hours
Unless otherwise specified by the Township Board by resolution, all Township cemeteries shall be closed during the hours from 9:30 p.m. until 6:30 a.m. the next morning. 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 apply to the Township Sexton, any Township official, a person accompanied by the Township Sexton or other Township official, or any law enforcement or firefighting official, when engaged in the lawful duties of any such office or position.
Section
19. Prohibited uses and Activities
The following prohibitions shall apply within any Township cemetery:
(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 a cemetery.
(g) There shall be no headstones, ornaments, vases, plastic flowers, fences benches, trellises, statues, signs or any other item placed, kept, installed or maintained in a cemetery except those expressly allowed by this Ordinance.
(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 ordinance.
(j) There shall be no driving of an automobile, truck or any vehicle on any portion of a cemetery except the designated roads or drives.
(k) There shall be no snowmobiles, four-wheelers, go-carts or similar vehicles (only Secretary of State road plated vehicles).
(l) There shall be no gathering of persons in excess of 75 people without prior Township approval (except during or incidental to a funeral occurring concurrent with burial).
(m) There shall be not disinterment or grave openings unless approved by the Township.
(n) There shall be no possession or consumption of any alcoholic beverage.
(o) There shall be no picnicking or consumption of food without prior Township approval.
(p) 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.
(q) There shall be no solicitation or peddling of services or goods or any signs or placards advertising any goods or services.
(r) There shall be no littering or dumping.
(s) There shall be no unlawful interference with or disruption of a lawful funeral or funeral procession.
(t) There shall be no private signs, lighting, moving displays or changeable copy on a sign.
(u) There shall be no fires.
(v) No children under twelve (12) years of age shall be allowed in any Township cemetery unless accompanied by an adult and are properly supervised by an adult.
(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 or 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.
(a) There shall be no dumping, vandalizing or tipping over of any lawful garbage container or receptacle.
Section
20. Authority of the Township Sexton
(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 Ordinance.
(c) The Township Sexton shall have such duties and obligations with regard to Township cemeteries as may be specified from time to time by the Township Board.
Section
21. Fees
The Township Board shall have the authority to set fees pursuant to this Ordinance 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, setting of foundations, grave closing, winter or holiday burial, the price for a new cemetery plot, transfer fees for cemetery plots, and other matters.
Section
22. Applicability of this Ordinance
(a) The Ordinance shall apply only to cemeteries owned, controlled or operated by the Charter Township of Vienna.
(b) The provisions of this Ordinance 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 Ordinance shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.
Section
23. Interpretation/Appeals to the
Township Board
(a) The Township Board shall have the authority to render binding interpretations regarding any of the clauses, provisions or regulations contained in this Ordinance and any rule or regulation adopted pursuant to this Ordinance, as well as the applicability. The Township Board (or its designee) is also authorized to waive application of the strict letter of any provision of this Ordinance or any rules or regulations promulgated under this Ordinance where practical difficulties in carrying out the strict letter of this Ordinance 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 Ordinance.
(b) Any party aggrieved by any interpretation or decision made by the Township Sexton or any Township official, agent or contractor pursuant to this Ordinance, as well as any matter relating to a Township cemetery, rights to a cemetery plot, or other matter arising pursuant to this Ordinance, 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 Board 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 ten (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.
Section
24. Authority of the Township to Remove
Unauthorized or Unlawful items from a Township
Cemetery
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 place, installed, left or maintained in any Township cemetery in violation of this Ordinance, 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 Ordinance 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.
Section
25. Penalties
A violation of this Ordinance (or of any rule or regulation adopted pursuant to this Ordinance) constitutes a municipal civil infraction. Any person who violates, disobeys, omits, neglects or refuses to comply with any provision of this Ordinance, or any permit or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this Ordinance, shall be in violation of this Ordinance and shall be responsible for a civil infraction. The civil fine for municipal costs, damages, expenses and remedies provided by law. For purposes of this section, "subsequent offense" means violation of the provisions of this Ordinance committed by the same person within twelve (12) months of a previous violation of the same provision of this Ordinance or similar provision of this Ordinance for which said person admitted responsibility or was adjudged to be responsible. Each day during which any violation continues shall be deemed a separate offense.
A violation of any permit or permit condition issued pursuant to this Ordinance shall also constitute a
violation of this Ordinance.
Section
26. Township Officials Who Can Enforce
this Ordinance
Unless otherwise specified by the Township Board by resolution, the following officials or officers shall
have the authority to enforce this Ordinance and to issue municipal civil infraction citations/tickets pursuant to this Ordinance:
* Township Supervisor
* Township Clerk
* Township Sexton
* Township Zoning Administrator
* Township Ordinance Enforcement Officer
* Any deputy of the county sheriff's department
* Any State Police officer
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27. Severability
The provisions of the Ordinance are hereby declared to be severable and should any provision, section or part thereof be declared to be invalid or unconstitutional by any court of complete jurisdiction, such decision shall only affect or invalidate the remainder of this Ordinance, which shall continue in full force and effect.
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28. Effective Date; Conflicts
A synopsis of this Ordinance shall be published in THE GENESEE COUNTY HERALD, a newspaper of general circulation within the Township within 30 days from the date of this adoption by the Township Board. This Ordinance shall take effect one day after its date of posting in five locations within Vienna Township and publication of the Ordinance synopsis. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
YEAS: Belill, Scott, Luttenbacher, Ridley, Taylor, Zinn
NAYS: None
__________________________ _____________________________
Nancy Belill, Supervisor Richard Scott, Clerk
CERTIFICATION:
STATE OF MICHIGAN )
) SS
COUNTY OF GENESEE )
We, the undersigned, being respectively the Township Supervisor and Township Clerk of Vienna Charter Township, Genesee County, Michigan, do hereby certify that the above Vienna Township Ordinance No. 401 was duly adopted by the Township Board of the Charter Township of Vienna, at which meeting a quorum was present.
Dated: May 3, 2011 ______________________________
Richard Scott, Clerk