GALIEN TOWNSHIP NOTICE OF ADOPTION OF CEMETERY ORDINANCE

The Galien Township Board of Galien Township, Berrien County, Michigan, at a regular meeting of the Township Board held on November 15, 2017, adopted the Township of Galien Cemetery Ordinance, being Ordinance No. 16. A copy of the ordinance can be viewed online on the Township website at www.galientownship.org/ordinances, or a paper copy may be requested at the Galien Township Hall during business hours at 103 Kiley, Galien, MI 49113. A summary of the ordinance follows.

Section 1: Title. This ordinance shall be called the Galien Township Cemetery Ordinance. Section 2: Definitions of Cemetery Lots and Burial Spaces – Residents and Taxpayers. A cemetery lot shall consist of burial spaces to accommodate from 1 to 8 burial spaces, and this Section regulates burial space size. A taxpayer, while perhaps not a Township resident, is one who owns property in the Township and whose name appears on at least the last 5 years of tax bills prior to purchase of a burial space. Section 3: Sale of Burial Spaces. Burial spaces shall be sold only for the purpose of the burial of residents and taxpayers as defined in Section 2, with some sales to non-residents permitted under certain circumstances as defined in this Section. Transfers of burial spaces can only be to eligible persons under this ordinance. Section 4: Purchase Price and Transfer Fees. Costs of burial spaces and transfer of one or more burial spaces shall be set by Board resolution from time to time. Section 5: Grave Opening Charges. No graves or burial spaces shall be opened after a burial except by Circuit Court order, and then only by the Township Sexton or under the Clerk’s direction. Section 6: Markers or Memorials. All grave markers must be of stone or other material of equally durable composition. Only one monument, marker or memorial shall be permitted per burial space. A family plot with 4 or more contiguous burial sites will be allowed an additional family stone. Section 7: Interment Regulations. Only one person may be buried in a burial space, except for a mother and infant or 2 children buried at the same time. Not less than 48 hours notice shall be given in advance of any time or any funeral to allow for the opening of the burial spaces. A person seeking a burial shall obtain a permit and provide identification for the person to be buried. Section 8: Ground Maintenance. No grading, leveling, or excavating upon a burial space shall be allowed without the permission of the Cemetery Sexton or the Township Clerk. No perennial flowers, shrubs, trees or perennial vegetation of any type shall be planted without the approval of the Sexton or the Township Clerk. Any of the foregoing items planted without such approval may be removed by the Township or the Cemetery Sexton. 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. The Cemetery Sexton or Clerk shall have the right and authority to remove and dispose of any and all growth, emblems, displays or containers that through decay, deterioration, damage or otherwise become unsightly, a source of litter or a maintenance problem. Section 9: Forfeiture of Vacant Burial Spaces. Burial spaces sold after the effective date of the ordinance and remaining vacant 50 years from the date of their sale shall automatically revert to the Township upon the conditions and after due process is accorded as detailed in this section. Section 10: Repurchase of Burial Spaces. The Township will repurchase any vacant burial space from the owner for the original price paid to the Township upon written request of said owner or his legal heirs or representatives. Section 11: Records. The Township Clerk shall maintain records concerning all burials, issuance of burial permits, and any perpetual care fund.  Section 12: Vault. All burials shall be within a standard concrete vault installed or constructed in each burial space before interment. Section 13: Cemetery Hours. The cemetery shall be open to the general public from the hours of dawn to dusk each day.  Section 14: Penalties. Any person, firm or corporation who violates any of the provisions of the within ordinance shall be guilty of a civil infraction and shall be subject to a fine of up to $150.00.  Section 15: Severability. The provisions of the within ordinance are hereby declared to be severable. Section 16: Effective Date. This ordinance shall take effect thirty (30) days after publication. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Jennifer Richter,

Township Clerk