City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 229, passed 6-26-1961]
Unless the context specifically indicates otherwise, as used in this chapter:
(a) 
BURIAL SPACE — Means a lot or portion of a lot in any cemetery designated and maintained for the interment of a human body or bodies and for no other purpose.
(b) 
CEMETERY — Means Oak Grove Cemetery and Morse Street Cemetery as heretofore established, and any other public cemetery owned, managed or controlled by the City.
(c) 
OWNER — Means any person or persons owning or possessing the privilege, license or right of interment in any burial space.
[Ord. No. 700, passed 1-23-2006]
The cemeteries which have been or may hereafter be established by the City and maintained either within or without its limits, of which plats have been or shall be filed in the office of the City Clerk, shall be under the management, supervision and care of the City Manager. He or she shall, if necessary, cause such cemeteries to be laid out in lots, drives and walks; the lots to be numbered, drives and walks therein to be named, and plats thereof to be made and, when properly approved, to be filed in the office of the City Clerk. Council shall fix the price of lots and other services necessary thereto.
Council shall, from time to time, make such rules and regulations for the burial of the dead, for the care, improvement and protection of the grounds, mausoleums, monuments and appurtenances of the cemeteries, and for the orderly conduct of persons visiting the same, as may be deemed necessary. The City Manager shall see that this chapter and all rules and regulations with respect to cemeteries are strictly enforced. The City Manager shall cause a register of all interments made in any City cemetery to be kept, in which shall appear the name of the deceased, the date and place of interment and such other information as may be required.
[Ord. No. 700, passed 1-23-2006]
The City Manager shall attend to the selling of lots, and all burial rights certificates therefor shall be executed on behalf of the City by the City Clerk. Any person desiring to purchase a burial space in any City cemetery shall make application and pay the required amount for the lot selected to the City Clerk or the City Manager. Upon the purchase of any burial space, the City Clerk shall prepare and deliver to the purchaser a duly executed burial rights certificate for said burial space. Such burial rights certificate shall convey to the purchaser the right of interment only, and shall be held subject to the provisions of this chapter, existing rules and regulations, and such ordinances, rules and regulations as hereafter may be adopted by Council. Funds realized from the sale of lots in any City cemetery shall be placed in the General Fund for cemetery maintenance, repair and upkeep, unless the provisions outlined in Section 1066.07, concerning the fund balance of the Cemetery Perpetual Care Fund, become applicable.
[Ord. No. 700, passed 1-23-2006]
The owner of a burial space in any City cemetery shall have only the right of burial of the dead, and he or she shall allow no interments for remuneration. All interments in burial spaces shall be restricted to members of the family and immediate relatives of the owner thereof, unless special permission by the owner is filed in writing in the office of the City Clerk, with the consent of the City Manager endorsed thereon.
[Ord. No. 700, passed 1-23-2006]
The City Manager shall charge and cause to be collected on behalf of the City such fees for work performed in the City cemeteries as may be from time to time fixed by Council. All such fees shall be paid to the City Clerk or the City Manager. No person, other than an employee of the City, acting under the direction of the City Manager, shall dig or open any grave, nor shall any person grade or fill in a burial space or otherwise do any work in connection therewith, unless such work is done under the supervision of the City employee in charge of such cemetery. Arrangements for the payment of any and all charges due the cemetery must be made before the burial is made.
[Ord. No. 229, passed 6-26-1961]
(a) 
General provisions. The Cemetery Perpetual Care Fund, heretofore established, is hereby continued. There shall be added to said Fund all sums paid to the City in accordance with the terms and conditions of perpetual care contracts for lots located in City cemeteries. Further, should the balance remaining in the Cemetery Perpetual Care Fund at any time fall below the amount of $400,000, 50% of the amounts realized from the sale of lots, parts of lots and single graves in City cemeteries shall be added to the Cemetery Perpetual Care Fund. When the Cemetery Perpetual Care Fund balance exceeds $450,000, the amounts received from the sale of lots, parts of lots and single graves shall be governed by the provisions of Section 1066.04. The Cemetery Perpetual Care Fund shall be administered by the City Manager through his or her designated agent, who may be a City official or some other qualified party. This agent shall have custody, and shall keep an accounting, of all securities and money in the Perpetual Care Fund. Such books of account shall be open for inspection by City officials and such auditors as may be hired by the City. This agent shall not purchase or redeem any securities, bonds or other investments without the approval of the City Manager.
[Ord. No. 428, passed 9-12-1987]
(b) 
Investment of principal. Any part of the principal of the Cemetery Perpetual Care Fund may be invested in bonds of the City, in any obligation of the Government of the United States, in insured savings accounts maintained in any financial institution of the City, or in any other type of investment which is legally permissible.
(c) 
Expenditures. No part of the Cemetery Perpetual Care Fund shall be transferred to any other fund, nor encumbered or used except as herein authorized. The income from the Cemetery Perpetual Care Fund may be expended only for the following purposes:
(1) 
To perpetually maintain and care for lots located in City cemeteries which are covered by perpetual care contracts with the City.
(2) 
The remainder of the income realized from the Cemetery Perpetual Care Fund each year, if any, may be used for the general maintenance, repair and upkeep of City cemeteries.
[Ord. No. 700, passed 1-23-2006]
The City Manager shall submit to the City Clerk each month the names and addresses of the purchasers of burial spaces sold during the previous month, and the number of the lots and section. He or she shall also report to the City Clerk each month a list of burials upon proper blanks provided for the purpose. He or she shall also submit to the City Clerk at the end of each month all moneys and their accounting that was collected during that month. The City Clerk shall keep a record of deeds, certificates of ownership and receipts for perpetual care of burial spaces, a record of burials, and such other records as may be necessary. In connection with the burial records, the City Clerk shall also keep a general index in which shall be noted alphabetically the name of the party or parties to every such instrument of conveyance.
It shall be the duty of each lot owner to notify the cemetery of any change in his or her post office address. Notice sent to a lot owner at the last address on file in the office of the City Manager shall be considered sufficient and proper legal notification.
No person shall trespass on any lot or burial space within any City cemetery, nor pick or cut flowers or shrubs, except on his or her own burial space, nor cut down, injure or disturb any tree or shrub, nor damage any memorial, nor otherwise commit any desecration within any City cemetery; nor shall any person enter upon cemetery premises between the hours of 10:00 p.m. and 5:00 a.m. of the following day. The City Manager shall make such additional rules and regulations not inconsistent with the terms of this chapter, subject to the approval of Council, as may be deemed necessary for the operation and control of City cemeteries. Unless special permission is granted, children under 18 years of age shall not be permitted within the cemetery unless accompanied by adults, who shall take care of them and be responsible for their conduct.
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Editor's Note: See § 202.99, General Code penalty.