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2019-02]
(a)
No person or group shall:
(1)
Enter the cemetery except through an established gate or gateway.
(2)
Deposit rubbish or debris on cemetery grounds, except in provided
receptacles.
(3)
Pick or mutilate any flowers, either wild or domestic, or disturb
any tree, shrub or other plant materials.
(4)
Write upon, deface or damage any monument, gravesite, fence or structure.
(5)
Possess or consume alcoholic beverages.
(6)
Disturb, loiter, sleep or protractedly lounge on the benches, grass,
mounds or other areas or engage in loud, boisterous, threatening,
abusive, insulting or indecent language or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
(7)
Solicit or protest prior to, during, or after a funeral or burial
of any person within the cemetery, unless such action is taken at
a distance of at least 600 feet beyond the funeral or burial site.
Solicitation and protesting regarding this manner of expression shall
be described as any verbal speech, or voice provocation, music or
other noise, as well as the use of printed or written signs or materials.
(8)
Permit any dog, horse or other domestic animal to enter or remain
in the cemetery, unless such animal is contained within a vehicle.
(9)
Use any form of advertising on cemetery premises.
(10)
Purchase any ground or lots within the cemetery for the purposes
of speculation thereon.
(11)
Discharge a firearm in or adjacent to any cemetery. This prohibition
shall not apply to authorized volleys at military burials or at official
Memorial Day or Veterans Day services. Liability for approved firearm
discharges shall rest with the authorized party.
(12)
Enter upon the cemetery premises between 1/2 hour after sunset
and dawn.
(13)
Allow children to be unsupervised at all times.
(14)
Place or use glass containers of any type for any reason.
(15)
Plant rose bushes and/or other thorny vegetation in the cemetery.
(16)
Plant, trim, prune or remove any deciduous or coniferous tree,
shrub or hedge except under the direction and with the prior consent
of the City Manager or his/her designee.
(b)
Additional rules and policies.
(1)
Persons entering the cemetery shall be held financially responsible
for any damage they cause to the cemetery properties, vegetation,
plantings, structures, monuments or gravesites.
(2)
The cemetery, although under City jurisdiction, shall not be considered
as public land in the sense that it is common property and subject
to the whims of the public, but it is to be considered as sacred ground
dedicated to the peace and repose of the departed and subject to the
consideration and respect of all persons who visit or own lots in
the cemetery.
(3)
The City reserves the right to abate or remove any planting or structure,
either natural or man-made, that is deemed unsightly, a nuisance or
poses a hazardous situation at any time and without notice.
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2019-02]
The City shall not be financially responsible for any damage
to lots, structures, markers or objects within the cemetery, or for
flowers or articles removed from any lot or grave.
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2019-02]
Masons, stone cutters and other workers shall be under the supervision
of the Cemetery Sexton or his designee, at all times, and must carry
off all rubbish and restore the avenues and paths injured by their
operations as he/she shall direct. Any workers failing to conform
to the requirement of this section may forthwith be excluded from
the grounds, and the person employing such person shall be responsible
for the injuries sustained through such neglect.
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2019-02]
All landmarks or cornerstones shall be set by the Sexton or
under his/her supervision and shall not be altered or removed. No
landmarks or cornerstones indicating boundaries of lots shall be set
above the surface of the ground.
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2019-02]
The Cemetery Sexton or his/her designee shall establish the
grade of all lots, lawns and avenues and shall have general supervision
of improvements within the cemetery upon all lots, before and after
interments are made, and no lot shall be filled or raised above the
established grade.
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2019-02]
Cars and other vehicles driven in the cemetery shall not exceed
a speed of five miles per hour. No person in charge of a vehicle shall
pass, or attempt to pass, another vehicle going in the same direction,
or turn around, or attempt to turn around, on any of the roads, alleys
or avenues in the cemetery, or drive upon or across any lot or ornamental
ground, or through any alley within the cemetery. No person in charge
of a vehicle may enter or leave the cemetery except by roads established
for such purpose.
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2019-02]
No vehicles shall be parked so as to infringe upon any lots
or graves or to obstruct free passage along any roads or drives within
the cemetery.
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2019-02]
All lots within the cemetery shall be sold subject to the provisions
of this chapter, as amended, and the cemetery certificate shall so
state. No lot shall be used for any purpose other than the burial
of human remains and the placing of appropriate memorials. Interment
of the remains of any person other than the owner of a lot or any
member of his immediate family will be permitted only after written
consent by the owner or authorized agent has been filed with the City
Clerk. In the case of a minor, the guardian or authorized agent shall
give such consent upon proof of authority to act. Burial lots are
exempt from ordinary taxes and cannot be seized on execution. The
City may impose specific charges against lots. No mortgage or other
encumbrance shall be given on any lot.
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2019-02]
The purchase of a cemetery lot shall be evidenced by execution
of a cemetery certificate as right of burial, issued by the City Clerk,
stating the new owners, lot location, purchase price, and date of
payment for said lot. Such purchases are subject to approval of the
City Clerk. Lots must be paid for in full before a permit for burial
shall be issued. When a lot is purchased by more than one person,
each person's interest in the lot shall be specifically stated.
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2019-02]
Cemetery lots in the new 4th Addition and future additions that
are sold and remain vacant 40 years or more from the date of the sale
shall automatically revert to the City upon the occurrence of the
following events:
(a)
Notice shall be sent by the City Clerk by first-class mail to the
last known address of the owner and/or their immediate contact(s)
on record of the expiration of the forty-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 City within 60 days
from the mailing date of such notice his/her desire to retain such
burial right; 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
City Clerk from the 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; and
(c)
A public notice (published one time) will be placed with the local
paper stating a written response must be received by the City Clerk
from the owner of record of said lots or spaces, or his/her heirs
or legal representative, within 60 days from the date of the newspaper's
publication date of said notice; and
(d)
Upon which all above requirements have been meet and no written response
is received by the City Clerk, said lots or spaces shall then be considered
abandoned, and forfeiture shall result in said lots or spaces being
automatically reverted to the City, at which time ownership shall
belong to the City, and said lots or spaces shall be available for
resale by the City at the current sale price.
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2019-02]
The transfer of a cemetery lot or part of a lot to another party
shall be recorded in the office of the City Clerk. No person shall
be recognized as owner or part owner of a lot unless it is recorded
in the office of the City Clerk. A letter releasing interest in a
lot from the owner shall be required only when the original cemetery
certificate is not available to be surrendered to the City Clerk.
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2019-02]
The various arrangements for cemetery lot care and maintenance
shall be as follows:
(a)
General maintenance of the cemetery, which is designed to improve
the overall appearance and condition of the cemetery, shall be the
responsibility of the City. Maintenance shall include such items as
mowing and trimming of grass, landscaping, and the upkeep of the drives,
buildings, water lines, drainage and fences of the cemetery.
(b)
Perpetual care shall include the following items of basic lot care:
annual spring cleanup, periodic cutting of grass, sowing grass, raking
leaves and refilling or leveling of sunken graves.
(c)
Maintenance of markers and/or monuments is the responsibility of
the lot owner(s).
[4-16-2019 by Ord. No.
2019-02]
Lot decorations shall be deemed to include all items of structure,
ornaments, plantings or other embellishments, with the exception of
monuments and markers or mausoleums, which are placed on cemetery
lots with the intention of improving their appearance. Lot decorations
shall comply with the following guidelines:
(a)
Copings, fences, curbs, benches, steps and structures of vinyl, steel,
wood or other equally perishable material are prohibited. These structures
or enclosures established on a lot prior to the adoption of the ordinance
from which this chapter is derived which have, in the judgment of
the cemetery management, become unsightly or dangerous by reason of
neglect or age shall be removed.
(b)
No elevated mounds shall be built over graves, and no lot shall be
filled above the grade established by the City.
(c)
Grave decorations must be within 12 inches of the gravestone. All
flowers, including artificial, must be in an urn; all glass containers
are strictly prohibited.
(d)
Winter decorations or artificial flowers may be maintained on graves
until April 1. Any decorations that are not removed by April 1 shall
be considered abandoned and may be disposed of by the cemetery management
without notice.
(e)
Urns must be placed on a foundation and maintained; there shall be
a limit of one urn per grave site. Any urns not in use by June 10
will be removed.
(f)
Arches for hanging baskets and urns are permitted only when they
are in use, and such arches must be anchored.
(g)
Toys or other unsightly objects will not be permitted as grave decorations
and, if placed, will be removed without notice.
(h)
Plantings shall be permitted only under the supervision of the Cemetery
Sexton. Plantings placed on a lot without permission will be removed
without notice.
(i)
The planting of hedges is strictly prohibited. Hedges existing on
the effective date of the ordinance from which this chapter is derived
will be removed whenever they become unsightly or encroach upon an
adjoining lot or path.
(j)
The City will remove all flowers, trees or shrubs that have become
unsightly, dangerous or encroach upon a walkway or alley.
(k)
No deciduous or coniferous tree or bush shall be planted, pruned,
trimmed or removed, except under the direction and with the consent
of the Cemetery Sexton.
(l)
Cement/concrete covered graves or ledger monuments above the ground
are not permitted.
(m)
One flag holder is permitted for the grave of each veteran whose
last service was honorable and who is interred in the cemetery.
(n)
The City reserves the right to remove any flag that has become damaged
or unsightly without making a replacement. Replacement of flags may
be made by individuals from time to time.
(o)
An edging is required for any ground cover decoration which has been
preapproved by the Cemetery Sexton and must be within 12 inches of
the headstone or marker on the grave site. Decorative and ornamental
stones or rocks are prohibited.
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2019-02]
No interment shall take place without a burial permit, nor until
the person making arrangements for the interment complies with all
laws, ordinances and rules and regulations relative to burials. Funeral
directors making arrangements for burials shall be responsible for
all interment charges if such charges are not paid by the owner or
his/her agent within 24 hours prior to such interment.
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2019-02]
All funerals within the cemetery shall be under the direction
of the Cemetery Sexton or his/her appointed agent. All requests for
burial shall be made with City Hall in time to allow at least 24 hours
to prepare the grave. An additional charge, as adopted by resolution
of the City Council from time to time, shall be made for a service
on all nonscheduled workdays. The cemetery management reserves the
right to remove without notice any funeral designs and floral pieces
as soon as they become unsightly.
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2019-02]
Only one interment shall be permitted in a grave, except in
the case of a mother and infant, or two children, space permitting.
Two cremains may be buried in one grave site, or one cremains may
be buried above a single grave. The Cemetery Sexton or Public Works
Supervisor of the City shall not be held responsible for errors in
location of graves on lots arising from improper instructions of lot
owners or funeral directors. Orders from funeral directors shall be
construed as orders from the lot owners. Under no circumstances shall
the City assume responsibility for errors in opening graves when orders
are given by telephone. No graves shall be opened except by workers
employed by the cemetery management. Funeral directors should arrange
the time of a funeral so that cemetery workers can complete interment
by 3:00 p.m.
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2019-02]
No disinterment shall be allowed, except by authority of the
person owning the lot in which the interment is made, and except by
order of a court with appropriate jurisdiction when proper paperwork
from the Mid-Michigan District Health Department for the remains must
be given. Graves shall not be opened for inspection except for official
investigations. Interment and disinterment may be made only by the
regular employees of the cemetery. The City shall exercise the utmost
care in making the removal, but it shall assume no liability for any
damage to any casket or burial vault or urn incurred in making the
removal. Any markers or monuments designating the location of an interment
shall be removed at the time disinterment is made at the expense of
lot owners or heirs. All disinterments are at the discretion of the
City.
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2019-02]
Approval of the location of a monument or marker must be obtained
from the City Clerk's office or Cemetery Sexton before a monument
or marker is set. No monument or marker shall be placed upon a lot
unless such lot has been paid for in full. There are no restrictions
as to the styles of monuments and markers that may be placed in the
Old Plat and the 1st and 2nd Additions of the cemetery; however, the
following restrictions shall apply in the new Sections L, M, N, O
and the 3rd Addition:
(a)
A monument or any upright-style memorial structure, such as slant-face
stones, memorial seats, double markers or permanent urns, must be
set in the monument row and placed 18 inches from the rear lot line.
Any of such styles, monuments or markers may bear just the family
name, or two or more inscriptions, as long as there are an equal number
of graves for the monument to be centered on. This shall not prevent
a monument on a single grave. Single markers are not allowed in the
monument row, except Section M and the 3rd Addition and any future
additions. All monument work must face the abutting pathway, except
in Section M and the 3rd Addition and any future additions, where
all monument work must face to the east.
(b)
The term "marker" shall mean a stone used to indicate the location
of a particular single grave and must be set in the marker row, except
for Section M and the 3rd Addition and any future additions, and must
face the abutting pathway. In Sections L, N and O, no marker shall
extend more than six inches above the lawn at its highest elevation,
and it shall be no more than 24 inches in length and 12 inches in
width. In Section M and the 3rd Addition and any future additions,
all markers at the foot of the grave, including military markers,
shall not extend above ground level.
(c)
No material except granite or a good grade of white marble from recognized
monument quarries shall be used for monuments or upright markers.
Bronze may be used for monuments or upright markers if it is firmly
attached to a granite base. No materials except granite or standard
bronze shall be used for flush markers, unless preapproval is obtained
from the Cemetery Sexton.
(d)
All monuments and markers shall be placed on a foundation of a depth
and size and material deemed adequate by the Cemetery Sexton. All
foundations shall be installed by cemetery personnel. Foundation fees
will be assessed on a square-inch-of-surface-area basis with a minimum
set fee.
(e)
Persons engaged in placing monuments and markers shall provide adequate
planking to protect turf and shall remove materials and equipment
immediately upon completion of such work. The site shall be left in
a clean, orderly condition. Markers and monuments will not be permitted
to be delivered to lots until a proper order for a foundation installation
has been placed with the City Clerk's office or the Cemetery
Sexton.
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2019-02]
A mausoleum or vault may not occupy more than 1/5 (20%) of the
ground area and must be on road frontage lots. Detailed specifications
must accompany any request for the building of a vault or mausoleum,
and such permit shall be subject to the approval of the City.
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2019-02]
This section is located in the northeast corner of the cemetery.
All previous stated rules and regulations apply with the following
exceptions:
(a)
This section is provided for the burial of cremains only. Urn vaults
are required due to the proximity to the public water supply and shall
be no more than 14 inches by 14 inches by 18 inches in size.
(b)
Lot spaces are four feet in length by five feet wide. The cremains
of more than one body may be allowed under the following conditions:
(1)
A maximum of two cremains will be allowed per lot.
(2)
The cremains must be in its own urn or container approved in
advance by the City Clerk or Cemetery Sexton.
(3)
The City shall charge a separate fee for each interment service
provided. In the event two cremains are placed during the same interment,
a fee of 1 1/2 times the current fee shall be charged.
(4)
Pet cremains are prohibited and cannot be interred with human
cremains.
(c)
Markers must be flush with the ground and shall be no more than 20
inches by 10 inches in size per cremains. Markers must be placed in
a single row (north to south) at the head of the lot.
(d)
Decorations of any kind are prohibited; in addition, flowers, plants,
shrubs and trees are not allowed, except where the City may plant
in strategic locations within proximity of this section.
