Cemeteries

VICTOR TOWNSHIP

CEMETERY RULES AND REGULATIONS

INTRODUCTION

1. Reed, Stilson, and Blood Cemeteries are owned and operated by the Township of Victor under the direction of the Township Board. The office for these cemeteries is at the Victor Township Hall, 6843 Alward Rd., Laingsburg, MI 48848. Victor Township maintains a complete system of ownership of burial rights and burial records at this location. All information concerning the cemeteries, including records, purchasing procedures, rules and regulations, arrangements and cost of interment services, and other services may be obtained by visiting the office or by calling the township hall at (517)651-2094.

2. Cemetery Records - The Township maintains records that include the following information:The name of the owner of burial rights, the name of the deceased, date of death, date of interment, place of death, and other miscellaneous information that has increased over the years as records have improved. The amount of information available may vary, depending on when the information was recorded.

3. Temporary rules and regulations - The Township Board or its Cemetery Maintenance Designee, shall have the right to establish temporary rules or make exceptions to existing rules whenever, in their judgment, the best interests of the cemeteries demand it. These temporary rules or exceptions must be reported immediately to the township board. Temporary rules or regulations shall be in effect for not more than 90 days before being approved by resolution of the Township Board.

DEFINITIONS

1. CEMETERY PLOT: The term plot, is an area of sufficient size to accommodate one adult interment approximately three by ten feet.

2. CEMETERY LOT: The term lot, shall apply to numbered divisions as shown on the record plat which consists of two or more plots.

3. BURIAL SPACE: The term burial space is used herein to mean a single plot, group of plots, or lot under the ownership of one person or family.

4. IMMEDIATE FAMILY: The term "Immediate Family" is defined as parents, step-parents, siblings, spouse, children, step-children, foster children, in-laws, sibling in-laws, grandparents, great grandparents, step-great grandparents, grandchildren, aunts, uncles, nieces, and nephews.

5. INTERMENT: The term interment shall mean the permanent disposition of the remains of a deceased person by cremation and interment entombment or burial.

6. LOT MARKER: The term lot marker refers to any means used by the cemetery to locate corners of the lot or plot.

7. MARKER: A marker is a stone or plaque either flush or above ground indicating the given and/or family name(s).

8. MONUMENT: A monument is a stone extending above the ground inscribed with the family name only. It is placed at a location approved by the Township Cemetery Maintenance Staff.

9. MEMORIAL: The term memorial shall include a monument, marker, tablet, headstone, and urn.

10. MANAGEMENT: The term management shall mean the person or persons duly appointed by the Township Board for the purpose of conducting and administering the cemeteries.

11. RESIDENT: Shall mean an individual owning property and residing on said property in Victor Township.

12. STRUCTURE: Anything constructed or erected on the ground or which is attached to something located on the ground.

13. TOWNSHIP: Shall mean the Township of Victor.

14. TOWNSHIP BOARD: Shall mean the Board of Trustees of Victor Township.

15. RESIDENT: Shall mean a person who currently resides in Victor Township for more than 6 months out of the year and meets the standards of principal residency as defined by the State of Michigan for taxpayer purposes.

CEMETERY POLICY (Revised 07-06-2004)

1. A resident or non-resident of Victor Township may be issued for consideration determined by the board burial right(s) for up to (4) graves or a greater number upon written approval of the Township Board in Victor Township Cemeteries.

2. The cost of a single burial right for a plot issued to residents of Victor Township is established by the Township Board at $300.00. Money received for the issue of plots shall be deposited in the cemetery perpetual care account.

3. The cost of a single burial right for a plot issued to nonresidents of Victor Township is established by the Township Board at $1,000.00. Money received for the issue of plots shall be deposited in the cemetery perpetual care account.

4. The terms and cost of opening and closing graves and related services are established by resolution of the Township Board. Use of a burial site in any cemetery in Victor Township requires payment of opening and closing costs as established by the Township Board and in effect at the time of burial.

5. Upon purchase of a burial right or rights, the owner will be issued a burial rights certificate subject to the rules and regulations hereinafter in effect.

6. When burial rights are purchased by more than one person other than a husband and wife, each person’s interest shall be identified on the burial right certificate. The Township will not hold itself liable, or record any private agreements under such ownership.

7. When a person has purchased burial rights as a non-resident, and later becomes a resident of the Township, no refund will be given.

8. Burial rights may be transferred to a non-resident member of the immediate family, however, there will be a charge of the difference, at the time of the transfer, between the cost of a resident plot(s) and the cost of a non-resident plot(s).

9. All transfers of burial rights shall be made through the Township Clerk’s Office. No other transfers of ownership or rights thereto will be recognized by the Township.

10. Burial rights may revert to the Township for a cemetery plot, lot, or burial space which have remained unused for a period of fifty (50) years. No such reversion shall occur, however, until the Township has made a reasonable effort to locate the persons or persons identified in Township records as having burial rights in said area to ascertain whether said persons continue to exist and/or the intent of such persons.

11. The possession of a burial right certificate is not of itself sufficient evidence on which to record the transfer of ownership of a lot or grave. Legal right to ownership should be established and recorded at the Township Clerk’s Office. A certified copy of the will and probate proceedings would afford evidence of ownership or heirship.

12. At no time may grave spaces be bartered or sold by the person to whom the lot has been issued, whether to a resident or to nonresidents. Rather, the graves remaining shall be returned to the township, for a sum of 75% of the amount paid for the lot.

13. Refunds may be given within 48 hours of the purchase of burial rights, or payment or other requested services, providing the Township has incurred no cost relative to the transaction, and for good and sufficient reasons as determined by the Township Clerk’s Office.

GENERAL RULES (Revised 7-06-2004 )

1. The cemeteries will be opened from dawn till dusk. Presence within the cemeteries after dark is strictly prohibited.

2. All fees or charges for services are payable at the Clerk’s office as herein stated.

3. Persons within the cemeteries will use only the avenues, roads, walks, and alleys, and they permit no one to walk upon or across lots or lawns unless it is necessary to do so to gain access to one’s own lot. The Township expressly disclaims liability for any injuries sustained by anyone violating this rule.

4. Persons visiting the cemeteries or attending funerals are prohibited from picking flowers, wild or cultivated, breaking or injuring any memorials, fence, or other structure within the cemetery grounds. Children must be accompanied by their parents or adults who will be responsible for their conduct in the cemetery.

5. The following are prohibited:

1. Driving of motor cars or other vehicles through the gates or on the cemeteries at excessive speeds.

2. Driving any motor car or vehicle across or upon any grave, lot or lawn, or parking or leaving the same thereon.

3. The use of recreational vehicles within the cemeteries.

4. Animals n the cemetery unless they are a part of the funeral procession.

5. Climbing on buildings, trees, or fences.

6. Mowing trimming anything other than around the owner’s headstone or marker unless prescribed by the Township Board.

7. Planting or placement of anything outside of the boundaries or limits established by the Township Board and as prescribed herein.

6. It is of the utmost importance that there should be strict observance of the proprieties in the cemeteries. Therefore, all persons within the cemeteries should avoid conduct unbecoming a sacred place including but not limited to the following:

1. Loud or boisterous talking, fighting, or unruly behavior.

2. Idling or loafing on the grounds or in any of the buildings.

3. Peddling or soliciting the sale of any commodity within the cemetery.

4. Consuming of alcoholic beverages on the grounds.

5. Placing of signs or notices or advertisements of any kind within the cemeteries.

6. Bringing firearms into the cemeteries except by a military escort accompanying a veteran’s funeral or attending memorial services.

7. It is the duty of the Township Board or its designee to see that the rules and regulations are complied with and it is his or her duty to see that order is maintained and to protect and promote the best interests of the cemeteries and Township. To that end, he or she is authorized to make temporary additional rules that may be needed, from time to time, to meet emergencies that these rules and regulations do not cover.

8. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The Township, therefore, reserves the right to make exceptions, suspensions, or modifications of any of these rules and regulations, without notice, when in the judgment of the management such temporary exception, suspension, or modification shall in no way be construed as affecting the general application of such rules and regulations.

LOTS AND LOT USERS

1. Persons needing a lot should visit the Clerk where the Clerk will aid them in making a selection, and will record a description of the lot to be used.

2. Before any burial right is issued or burial is made in a plot or lot, complete payment for plot must be made to the Clerk.

3. No lot shall be used for any other purpose than for the burial of the human dead.

4. The right to enlarge, reduce, replat, or change the boundaries or grading of the cemetery, or a section or sections, from time to time, including the right to modify or change the part thereof is hereby reserved. The right to lay, maintain and operate, or alter or change pipe lines or gutters for sprinkling systems, drainage, et cetera, is also expressly reserved as well as is the right to use cemetery property not sold to individual plot users for cemetery purposes, including the interment of the dead, or for anything necessary, incidental or convenient thereto. The Township reserves to itself and to those lawfully entitled thereto a perpetual right of ingress and egress over plots for the purpose of passing to and from other plots.

5. Descriptions of lots will be according to the cemetery plats which are kept on file in the Clerk’s office.

6. The Township Board will take all reasonable precautions to protect lot users, and the property rights of plot users within the cemeteries from loss or damage; but the Township disclaims all responsibility for loss or damage from causes beyond its reasonable control, and, especially, from damage caused by the elements, and act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damages are direct or collateral, other than as herein provided.

7. It is the duty of the plot user to notify the Clerk of any change in his post office address.

8. The instrument of conveyance of these Rules and Regulations and any amendments thereto constitute the sole agreement by the Township and the plot users. The statement of any employee or agent, unless confirmed in writing by the Clerk shall in no way bind the Township.

MONUMENTS - MARKERS - FOUNDATIONS (Revised 7-06-04)

1. Monuments or markers shall be made of recognized durable materials such as granite, bronze, or marble. Wood may not be used for monuments or markers.

2. Markers and monuments shall not be smaller than 16" x 8" in base size nor shall they exceed 40" in length for single burial space, 90" in length for double space and 18" in width. Monuments and markers require a poured concrete foundation with a border of at least 2” greater in dimension than the marker or monument to be placed. All foundations shall be constructed by the Township board or its designee.

3. Foundations must be paid for at the rate established by the township board at least two weeks prior to the construction of the foundation.

4. Monument and marker placement shall be determined by the Township Board or its designee consistent with cemetery plats and layouts.

5. Monuments and markers shall not be delivered to lots until foundations have been installed and paid for. Orders for foundations shall be placed and paid for in whole a minimum of two weeks in advance. Foundations will not be poured during the winter months.

6. Inscriptions on markers and monuments must not be offensive or improper as judged by the Township Board. The owner of said monument or marker shall be responsible for all expenses for removal of same upon due notice.

7. Foot stones are strictly prohibited within cemeteries owned by Victor Township.

Monument companies are responsible for all damages to cemetery grounds and surrounding monuments and markers occurring during their installation.

8. The Township assumes no responsibility for damage to markers or monuments whatsoever, including regular cemetery maintenance.

9. The abuse of monuments, markers, graves, or cemetery appurtences, whether intentional or otherwise, or the removal of flowers, urns or any of the cemetery equipment will be considered a misdemeanor and so treated. Persons entering the cemetery will be held fully responsible for any damage he or she may do to cemetery property, whether intentional or unintentional. Children must be accompanied by their parents or adults who will be responsible for their conduct in the cemetery.

CARE OF LOTS (Revised 7-06-04)

1. The Township or its designee assumes the general care of the cemeteries including the cutting and sprinkling of the grass at reasonable intervals, the raking and cleaning of the grounds and the pruning of shrubs and trees.

2. Except for veterans markers, no additional structures, urns, statuary, benches or items of a permanent or fixed nature may be placed on or around a grave plot, lot or burial space.

3. No shrubs or trees of any type shall be planted without the approval of the Township Board. Any of the foregoing items planted without such approval shall be removed by the township.

4. Decorative items, plantings, memorials, or ornamentation of any kind may be planted only within 12" of the front, and 6" on the side of the monument or marker and under no circumstances will such planting be allowed outside the boundaries of the owners burial space(s). The single exception is made for grave blankets. Any of the foregoing items that extend outside the aforementioned boundaries shall be removed by the township.

5. Grave blankets may be placed no sooner than November 1 and must be removed by March 1.

6. The township board reserves the right to remove any prohibited item, or trim any tree, plant or shrub located within the cemetery in the interest of maintaining proper appearance and the use of the cemetery.

7. The Township Board or its designee shall have the right and authority to remove and dispose of any and all growth, emblems, displays, decorative items or containers therefor that are not in compliance with the rules setforth or that though decay, deterioration, damage or otherwise become unsightly, a source of litter, a safety or a maintenance problem.

8. Dumping or disposing of materials other than in designated containers is strictly prohibited. All refuse of any kind or nature including, but not limited to, weeds, dried flowers, wreaths, papers, and flower containers must be removed or deposited in containers located within the cemetery.

9. The general care assumed by the Township shall in no case mean the maintenance, repair or replacement of any memorial, placed or erected upon lots; nor the doing of any reconstruction of any marble or granite work on any section or plot, or any portion or portions thereof in the cemeteries, caused by the elements, and act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or by the order of any military or civil authority, whether the damages are direct or collateral, other than as herein provided or as expressly authorized through resolution of the township board.

10. A perpetual care fund shall be established by which Victor Township will hold and invest the principal sum deposited and use the annual income therefrom to defray the cost of the general operation of the cemeteries.

CORRECTION OF ERRORS

1. The Township reserves and has the right to correct any errors that may be made by it either in making interments, disinterments or removals, or the description, transfer, or conveyance of any interment property, either by canceling such conveyance and substituting any conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the Clerk, or, in the sole discretion of the clerk, by refunding the money paid on account of said purchase. In the event such error shall involve the interment of the remains of any person in such property, the Township reserves, and shall have the right to remove or transfer such remains so interred to such other property of equal value and similar location as may be substituted and conveyed in lieu thereof.

INTERMENTS

1. The cemeteries will be open for interments from 8:00 a.m. to 3:00 p.m. daily except Memorial Day, Easter Sunday, July 4^th , Labor Day, Thanksgiving Day, Christmas Day, and New Years Day. When a delay will cause unreasonable hardship or inconvenience, interments may be made on such days but an additional fee will be added to the regular charge.

2. At least 48 hours notice is required for interment arrangements to be made. At least one week’s notice is required prior to any disinterment or removal.

3. Where the laws of the State of Michigan require immediate burial, or under the rules and regulations of the Board of Health, interments may be made on Saturdays, Sundays, and holidays but an additional fee will be added to the regular interment charge and entrance to the cemetery will be allowed only to the hearse and vehicles in the funeral procession.

4. Once a casket containing a body is within the confines of the cemetery, no funeral director nor his embalmer, assistant, employee, or agent, shall be permitted to open the casket or to touch the body without consent of the legal representative of the deceased or an order signed by a court of competent jurisdiction.

5. Funeral directors, upon arrival at the cemetery must present the necessary burial permit from the local health office.

6. All orders for interments in new lots must be signed by the user of the lot or his legal representative. However, when this is impossible because such person is absent from the area, facsimile (FAX) permission will be accepted in lieu thereof.

7. No interment of two or more bodies shall be made in one grave except in the case of mother and child or two infants buried in one casket, or cremation burial.

8. When an interment is to be made in a lot, the location of such interment shall be designated by the lot user. Should the lot user fail or neglect to make such designation, the Clerk reserves the right to make the interment in a location designated by the Clerk.

9. The Clerk and designated grave opener of the cemetery are the only persons who will be permitted to open graves with the following exceptions:

1. When the cemetery is directed to make a disinterment by order of a court of competent jurisdiction and certified copy of such order has been filed with the Clerk.

2. When the coroner directs the disinterment for the purpose of holding an inquest and has filed with the Clerk his signed authorization to release the body to himself and his lawful agents. In such case the disinterment must be made by the coroner or his lawful agents. Cemetery employees will not be permitted to assist the coroner or his agents.

10. In order to maintain a high standard of care and to eliminate sunken graves caused by the collapse of wood boxes, it is required that all burials must be made in outside containers made of natural stone or of metal, of reinforced concrete, or other approved material of equal durability. All such containers must be so made and installed as to meet specifications established by the Clerk. Outside containers may be procured from any source provided they meet the established specifications. When cemetery employees handle or install such containers a reasonable charge will be made for such service.

11. All charges for interment or services in connection therewith, shall be paid to Victor Township who will issue a receipt therefore upon request.

12. Arrangements for the payment of any and all indebtedness due to the grave opener must be paid to Victor Township before interment will be made.

13. The right is reserved by the Township to insist upon at least forty-eight hours notice prior to any interment and at least one week’s notice prior to any disinterment or removal.