[HISTORY: Adopted by the Township Board of the Charter Township
of Cascade 1-13-1975 by Ord. No. 1-1975 (Part 75 of the 1991 Compilation
of Ordinances). Amendments noted where applicable.]
This chapter is for the purpose of providing for the health,
safety and welfare of the people of Cascade Charter Township in the
matter of all Township cemeteries by the adoption of proper rules
and regulations therefor, and all Township cemeteries in Cascade Charter
Township are subject to this chapter and any and all amendments hereto,
and to any fees and charges established by the Cascade Charter Township
Board as provided for herein. Reference to any Township rules and
regulations in any document affecting any Cascade Charter Township
cemetery shall have the same force and effect as are set forth in
this chapter.
[Amended 9-11-1996 by Ord. No. 10-1996]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person to whom any lot, plot, grave site, or burial unit
has been assigned by the Township. Any and all rights of such assignee
shall be as defined herein and by statute.
A lot or any portion thereof.
Any cemetery owned or operated by the Charter Township of
Cascade, and where appropriate to the context, the word shall include
the officials in charge of the cemetery and/or the Cascade Charter
Township Board.
One person or group of two or more persons related by bonds
of matrimony, consanguinity or legal adoption.
Two persons related by bonds of matrimony, including their
financially supported or dependent children. "Immediate family" does
not include other consanguineous or legal relationships (e.g., brother-brother,
sister-sister, brother-sister, etc.)
The permanent disposition of the remains of a deceased person
by cremation and interment, entombment or burial.
Terms shall be used interchangeably and shall apply with
like effect to one or more than one adjoining graves; to one or more
than one adjoining crypts or vaults; to one or more than one adjoining
niches.
Includes a monument, marker, tablet, headstone, private mausoleum
or tomb for family or individual use, tombstone, coping, or enclosure,
surface burial vault, urn and crypt and niche plates.
Includes a tombstone or memorial of granite, or other approved
stone, which shall extend above the surface of the ground.
The Cascade Charter Township Clerk or such other person as
the Township Board may designate from time to time.
A person living in Cascade Charter Township either owning
or renting a dwelling unit. For the purpose of this chapter a resident
shall also include any person who has resided in Cascade Charter Township
at least 10 years. Where such person is not residing in the Township
at death, such person shall also be classified as a resident if 1/2
of the years of nonresidency is less than his or her total years of
residency.
[Amended 9-11-1996 by Ord. No. 10-1996]
A.Â
Subject to laws. Besides being subject to these rules and regulations
all interments, disinterments and removals are made subject to the
orders and laws of the properly constituted authorities of the Township,
county and state.
B.Â
Time and charges. All interments and disinterments and removals must
be made at the time and in the manner and upon such charges as fixed
by the Township Board, as provided by a resolution adopted from time
to time by the Board.
C.Â
Holidays. No interments, disinterments, removals, cremation or interment
service shall be permitted on Sundays, or on any of the following
holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, and when any of the above-mentioned
holidays falls, or is legally observed, on a Saturday or Monday, except
by approval of the Cemetery Registrar.[1]
D.Â
Notice. The Registrar shall have the right to insist upon at least
36 hours' notice prior to any interment and at least 48 hours' notice
prior to any disinterment or removal.
E.Â
Application of interment. Only residents of Cascade Charter Township
are eligible for internment in a cemetery owned and operated by Cascade
Charter Township. The Registrar shall have the right to refuse interment
in any plot, and to refuse to open any burial space for any purpose,
except on written application by the plot assignee on record made
out on blanks provided by the cemetery and duly filed in the office
of the Registrar.
F.Â
Must use stone, brick, concrete or metal. Every earth interment shall
be made enclosed in a concrete box or a box of acceptable metal.
G.Â
Interment of cremated remains.
(1)Â
The cremated remains must be permanently interred within a period
of four weeks. If the arrangements for this interment are not made
within the specified time, the cemetery shall be in no way liable
for rental space occupied by the remains pending the time they are
permanently interred.
(2)Â
The cemetery shall be in no way liable or held responsible for any
cinerary container, receptacle or urn placed in any plot, other than
that constructed of cast bronze of standard specification.
H.Â
Authorization of one plot assignee sufficient. The Registrar shall
have the right to make an interment of any member of the immediate
family of any one of several plot assignee's upon the latter's
authorization. No other person may be interred in any plot without
the written consent of all those assignees of the plot who are recorded
as such on the books of the cemetery.
I.Â
Location of interment space. When instructions regarding the location
of an interment space in a plot cannot be obtained, or are indefinite,
or when for any reason the interment space cannot be opened where
specified, the Registrar may, in his discretion, open it in such location
in the plot as he deems best and proper, so as not to delay the funeral,
and the cemetery shall not be liable in damages for any error so made.
J.Â
Orders given by telephone. The cemetery shall not be held responsible
for any order given by telephone or for any mistakes occurring from
the want of precise and proper instructions as to the particular space,
size and location in a plot where interment is desired.
K.Â
Errors may be corrected. The Registrar shall have the right to correct
any errors that may be made either in making interments, disinterments
or removals, or in the descriptions, transfer or conveyance of any
interment property, either by cancelling such conveyance of any interment
property, and substituting and conveying in lieu thereof other interment
property in a similar location as far as possible, or as may be selected
by the Registrar, or, in the sole discretion of the Registrar by refunding
the amount of money paid by the subject assignee. In the event such
error shall involve the interment of the remains of any person in
such property, the Registrar shall have the right to remove and/or
transfer such remains so interred to such other property in a similar
location as may be substituted and conveyed in lieu thereof. The Registrar
shall also have the right to correct any errors made by placing an
improper description, including an incorrect name or date, either
on the memorial or on the container for cremated remains.
L.Â
Delays in interments caused by protests. The Township and Township
officials shall be in no way liable for any delay in the interment
of a body where a protest to the interment has been made, or where
the rules and regulations have not been complied with; and, further,
the Township reserves the right under such circumstances to place
the body in the receiving vault until the full rights have been determined.
The Township shall be under no duty to recognize any protests of interments
unless they be in writing and filed in the office of the Registrar.
M.Â
Not responsible for embalming or for identity. The Township shall
not be liable for the interment permit nor for the identity of the
person sought to be interred or cremated; nor shall the Township be
liable in any way for the embalming of the body, unless such embalming
be done by the Township, and then only for negligence in performing
the embalming.
N.Â
No interment permitted unless all fees and charges are paid. No interment
shall be permitted or memorial placed in or on any grave not fully
paid for except by special consent of the Registrar in writing in
each and every case, and in the event such consent is given, and all
interments or memorials placed in or on said plot shall be considered
as temporary, and a note shall not be considered as payment, and no
rights shall be acquired by the plot assignee of said interment or
interments until such charges and fees are fully paid for in cash,
including principal and interest; and in case the assignee of said
plot shall fail to meet all payments within 30 days after the same
are demanded by the cemetery, then the cemetery may reenter said property
and hold the same as of its former estates. The Township thereupon
shall be released from all obligations thereunder, and it may retain
such payments as may have been made toward the assignment of such
property as liquidated damages. The Township reserves the right and
shall have the right immediately or at any time thereafter, without
notice, at its discretion to cremate or to remove to single graves,
to be chosen by the Township, each of the remains then interred in
said plot. The Township, further, shall have the right to remove any
memorial that may have been placed on said property.
O.Â
Burial boxes over four feet in length. Burial boxes over four feet
in length will be classed as adult size.
P.Â
Funeral zone. Strangers are not allowed to approach the grave at
a funeral. When deemed necessary by the Registrar or on request of
a lot assignee or his representative, a funeral zone may be established
and properly marked, and no one except persons attending the funeral
will be permitted to trespass within its boundaries.
Q.Â
Number of burial rights per lot. The number of burial rights assigned
on any lot will be recorded on the burial certificate when lots are
assigned.
R.Â
Care in removal. The Township shall exercise the utmost care in making
a removal, but it shall assume no liability for damage to any casket
or burial vase or urn incurred in making removal.
[Amended 9-11-1996 by Ord. No. 10-1996[1]]
The Township Clerk shall keep a record in his office of certificates
and receipts for perpetual care of burial units, and a record of burials
so reported to him by the Registrar, and such other records as deemed
necessary by the Township Board. He shall also maintain complete records
of all assignments, receipts, burial records, and all other matters
affecting Township cemeteries.
A.Â
Payment of service charges. The charges for the cemetery services
must be paid at the time of the issuance of the order of interment
or disinterment and removal.
B.Â
Past due indebtedness. Arrangements for the payment of any and all
indebtedness due the Township must be made before interment will be
made in any plot.
A.Â
Work to be done by cemetery. All grading landscape work and improvements
of any kind and all care of plots shall be done, and all trees and
shrubs and herbage of any kind shall be planted, trimmed, cut or removed,
and all openings and closings of plots, and all interments, disinterments
and removals shall be made only by the cemetery.
B.Â
Registrar must direct and may remove improvements. All improvements
or alterations of individual property in the cemetery shall be under
the direction of and subject to the consent, satisfaction and approval
of the Registrar, and should they be made without his written consent,
he shall have the right to remove, alter or change such improvements
or alterations at the expense of the plot assignee or, in any event,
at any time, in his judgment, they become unsightly to the eye.
C.Â
Disturbing turf. Cutting into or otherwise disturbing the turf by
any except the cemetery employees is forbidden and automatically releases
the Township from all obligation of resodding or reseeding of same.
A.Â
Floral regulations. The cemetery shall have the authority to remove
all floral designs, flowers, weeds, trees, shrubs, plants, or herbage
of any kind, from the cemetery as soon as, in the judgment of the
Registrar, they become unsightly, dangerous, detrimental or diseased,
or when they do not conform to standards maintained. The cemetery
shall not be liable for floral pieces, baskets, or frames in which
or to which such floral pieces are attached, beyond the acceptance
of such floral pieces for funeral services to be held in the cemetery.
The cemetery shall not be responsible for frozen plants, or herbage
of any kind, or for plantings damaged by the elements, thieves, vandals,
or by other causes beyond its control. The cemetery reserves the right
to regulate the method of decorating plots so that a uniform beauty
may be maintained. The cemetery reserves the right to prevent the
removal of any flowers, floral designs, trees, shrubs or plants, or
herbage of any kind, unless the Registrar gives his consent.
B.Â
Plantings on burial units. All trees planted on or removed from any
burial unit shall be done under the supervision of the Registrar.
All plantings, other than annual or perennial flowers, must be approved
by the Registrar as to selection of varieties and arrangement. All
plantings shall be subject to proper attention and pruning by the
Registrar, if not done by the owner upon 30 days' notice by the Registrar.
The Township will not be responsible for the destruction of plants
or shrubs made necessary in cleaning up any burial unit and putting
the same in proper care.
C.Â
Fence, railing, enclosure, etc. No fence, railing, coping, wall,
hedge or enclosure of any kind or nature shall be placed or erected
around or on any burial unit.
D.Â
Removal of offensive structures, etc. If any monument, effigy, or
other structure placed upon any burial unit shall be determined to
be improper or offensive by the cemetery, it shall be the right and
duty of the cemetery to remove same in accord with the terms of notice
given by the cemetery.
A.Â
Right to replant, regrade and use property. The right to enlarge,
reduce, replant and/or change the boundaries or grading of the cemetery
or of a section or sections, from time to time, including the right
to modify and/or change the locations of or remove or regrade roads,
drives and/or walks, or any part thereof, is hereby expressly reserved.
The right to lay, maintain and operate, or alter or change pipelines
and/or gutters for sprinkling systems, drainage, lakes, etc., is also
expressly reserved, as well as is the right to use cemetery property,
not assigned to individual plot owners, for cemetery purposes including
the interring and preparing for interment of dead human bodies, or
for anything necessary, incidental or convenient thereto, a perpetual
right of ingress and egress over plots for the purpose of passage
to and from other plots.
B.Â
No right granted in alleyways. No easement or right of interment
is granted to any plot owner in any road, drive, alley or walk within
the cemetery, but such road, drive, alley, or walk may be used as
a means of access to the cemetery or buildings as long as the cemetery
devotes it to that purpose.
A.Â
Must use walks. Persons within the cemetery grounds shall use only
the avenues, walks, alleys and roads, and no person shall enter the
cemetery except through an established gate.
B.Â
Trespassers on cemetery plots. Only plot assignees and their relatives
shall be permitted on a cemetery plot. Any other person thereon shall
be considered as a trespasser, and the cemetery shall owe no duty
to said trespasser to keep the property, or the memorial thereon,
in a reasonable safe condition.
C.Â
Children. Children under 18 years of age shall not be permitted within
the cemetery, or the buildings, unless accompanied by proper persons
to take care of them or unless special permission is granted.
D.Â
Flowers, etc. All persons are prohibited from gathering flowers,
either wild or cultivated, or breaking trees, shrubbery or plants,
or feeding or disturbing the birds or fish or other animal life.
E.Â
Refreshment. No person shall consume refreshments or liquors in a
cemetery or carry same on the premises.
F.Â
Lounging on grounds. Strangers shall not be permitted to sit or to
lounge on any of the grounds, graves, or monuments in the cemetery,
or in any of the buildings.
G.Â
Loud talking. No loud talking shall be permitted on the cemetery
grounds within hearing distance of funeral services.
H.Â
Smoking. Smoking within any buildings is prohibited.
I.Â
Rubbish. The throwing of rubbish or debris on the drives and paths,
or on any part of the grounds, or in the buildings is prohibited.
Receptacles for waste materials are located at convenient places.
J.Â
Automobiles. Automobiles shall not be driven through the grounds
at a greater speed than 10 miles per hour and must always be kept
on the right side of the cemetery roadway. Automobiles are not allowed
to park or to come to a full stop in front of an open grave unless
such automobiles are in attendance at the funeral. Automobiles must
not:
K.Â
Bicycles and motorcycles. No bicycles or motorcycles shall be admitted
to the cemetery except such as may be in attendance at funerals or
on business.
L.Â
Peddling or soliciting. Peddling of flowers or plants or soliciting
the sale of any commodity, other than by employees of the cemetery,
is positively prohibited within the confines of the cemetery.
M.Â
Firearms. No firearms shall be permitted within the cemetery except
on special permit from the Registrar.
N.Â
Notices and advertisements. No signs or notices or advertisements
of any kind shall be allowed in the cemetery, unless placed by the
cemetery.
O.Â
Dogs. Dogs shall not be allowed on the cemetery grounds or in any
of the buildings.
P.Â
Improprieties. It is of the utmost importance that there should be
strict observance of all of the proprieties of the cemetery, whether
embraced in these rules or not, as no improprieties shall be allowed,
and the Registrar shall have power to prevent improper assemblages
and to require adherence to all commonly known proprieties.
Q.Â
Registrar to enforce rules. The Registrar is hereby empowered to
enforce all rules and regulations and to exclude from the property
of the cemetery any person violating the same. The Registrar shall
have charge of the grounds and buildings and, at all times, shall
have supervision and control of all persons in the cemetery, including
the conduct of funerals, weddings, traffic, employees, plot owners
and visitors.
Gratuities may not be accepted by employees. No person, while
employed by the cemetery shall receive any fee, gratuity or commission,
except from the Township, directly or indirectly, under penalty of
immediate dismissal.
The cemetery shall take reasonable precaution to protect plot
assignees within the cemetery, but it distinctly disclaims all responsibility
for loss or damage from causes beyond its reasonable control, and
especially from damage caused by the elements, acts of God, common
enemy, thieves, vandals, strikers, malicious mischief makers, explosives,
unavoidable accidents, invasions, insurrections, riots, or order of
any military or civil authority, whether the damage be direct or collateral,
other than is herein provided.
It shall be the duty of the plot assignee to notify the cemetery
of any change in his post office address. Notice sent to an assignee
at the last address on file in the office of the Registrar shall be
considered sufficient and proper legal notification.
A.Â
Perpetual care of burial units. The term "perpetual care" used in
reference to burial units shall be held to mean the cutting of grass
upon said burial units at reasonable intervals, the raking and cleaning
of the burial units at reasonable intervals, the pruning of shrubs
and trees, meaning and intending the general preservation of the burial
units and grounds, walks, roadways, boundaries and structures, other
than the structures hereinafter excepted and exempted, to the end
that said grounds shall remain and be reasonably cared for as cemetery
grounds.
B.Â
Perpetual care exceptions. The term "perpetual care" shall in no
case be construed as meaning the maintenance, repair or replacement
of any grave stone or monumental structures or memorials placed or
erected on burial units, nor the planting or cost of flowers or ornamental
plants, nor sprinkling said burial units with water, nor the maintenance,
or doing of any special or unusual work in the cemetery, nor does
it mean the reconstruction of any marble, granite, bronze or concrete
work on any burial unit in the cemetery, or other buildings or structures,
made necessary by injuries caused by the elements, an act of God,
common enemy, thieves, vandals, strikers, malicious mischief makers,
explosions, unavoidable accidents, invasions, riots, insurrection,
or by the order of any military or civil authority, whether the damage
be direct or collateral, other than herein provided for.
A.Â
Markers, stones, monuments, etc.
(1)Â
All permanent markers, headstones, monuments, mausoleums, memorials
and mementos to be erected or placed in said cemetery shall be of
recognized durable granite or recognized hard marble of United States
Standard Bronze except by permission of Registrar.
(2)Â
All foundations for the setting and placing of the foregoing shall
be erected by the cemetery upon such type or size of foundation as
shall be specified by the Registrar of the cemetery, the cost and
expense thereof to be borne by the assignee of the burial unit and
paid in advance in accord with prices established by the Township
Board.
(3)Â
No person shall erect or place in said cemetery any permanent memorials
or memorial work of any kind or character until plans and specifications
therefor shall have been submitted to and approved by the Registrar
of the said cemetery.
(4)Â
Not more than one upright memorial shall be allowed above the ground
level on any one grave space.
B.Â
Excavation, grading, etc. All excavations, grading or removal of
earth or rubbish shall be excavated, graded or removed in such manner
as the Registrar may direct, and no burial unit or drive shall be
graded in shape or in any manner altered from the general plan of
the cemetery without first obtaining the consent of the Registrar.
Special cases may arise in which the literal enforcement of
a rule may impose unnecessary hardship. The Township Board, therefore,
reserves the right, without notice, to make exceptions, suspensions
or modifications in any of these rules and regulations when, in its
judgement, the same appear advisable, and such temporary exception,
suspension or modifications shall in no way be construed as affecting
the general application of such rule.
[Amended 9-11-1996 by Ord. No. 10-1996]
A.Â
Graves will be assigned only at time of need, when a death occurs
in the family of the applicant.
B.Â
Maximum of two graves will be assigned to any applicant except by
permission of the registrar of the Township Board. Additional graves
may be assigned by the registrar only upon a determination that unique
or special circumstances exist to warrant additional grave sites for
members of the immediate family.[1]
Fees and refunds for grave assignments and opening and closing
graves and refunds in cases where application is made therefor shall
be as the Township Board shall establish from time to time by resolution.
