View the PDF version Google Docs PDF Viewer
Chapter 14
CEMETERIES*
Article I. In General
Secs. 14-1-14-30. Reserved.
Article II. City Cemeteries
Division 1. Generally
Sec. 14-31. Definitions.
Sec. 14-32. Penalty for violation.
Sec. 14-33. Interments outside cemeteries prohibited; interment of other
than humans prohibited.
Sec. 14-34. Purchase of lots generally.
Sec. 14-35. Drawing and execution of deeds to lots.
Sec. 14-36. Restrictions on rights of lot owners.
Sec. 14-37. Prerequisites to interment.
Sec. 14-38. Perpetual care fund.
Sec. 14-39. Trusts for care of specific lots.
Sec. 14-40. Reversion of lots to city for delinquency in payment of charges.
Sec. 14-41. Damage or removal of property.
Sec. 14-42. Maintenance of trees or shrubbery.
Secs. 14-43-14-60. Reserved.
Division 2. Department of Cemeteries
Sec. 14-61. Establishment and functions; supervision by city manager.
Sec. 14-62. Departmental records and accounts.
Sec. 14-63. Appointment of superintendent as department head.
Sec. 14-64. Duties of superintendent.
*State law references-Cemetery regulations act, MCL 456.521 et seq.; permit for disposition of body, MCL 333.2848.
CD14:1
CEMETERIES § 14-34
ARTICLE I. IN GENERAL shall not be available for burial purposes except
for infants or the deposit of the ashes of decreased
Secs. 14-1-14-30. Reserved. persons authorized by the owner of a lot or his
assignee. Lots shall be purchased under the fol-
lowing terms:
ARTICLE II. CITY CEMETERIES*
(1) The purchase of lots or fractions and
DIVISION 1. GENERALLY perpetual care shall be for prices deter-
mined from time to time by the city com-
Sec. 14-31. Definitions. mission by resolution or regulation.
The following words, terms and phrases, when (2) No burial of any kind shall be made in any
used in this article, shall have the meanings lot or fraction thereof until the entire
ascribed to them in this section, except where the purchase price has been paid in full.
context clearly indicates a different meaning:
(3) Installment payments for lots and perpet-
Cemeteries mean any cemetery owned or main- ual care shall be for such periods, amounts
tained by the city for the purpose ofreceiving the and rates of interest as the city commis-
remains of deceased humans. sion may from time to time establish.
Superintendent means the person responsible
(4) The cemetery deed for the lot or fraction
for management of the municipal cemeteries.
(Code 1975, § 7-1; Code 2002, § 14-31) thereof shall be issued upon the payment
of the full amount charged and all accrued
interest.
Sec. 14-32. Penalty for violation.
Any person who violates any provision of this (5) No lots shall be considered sold or re-
article shall be responsible for a municipal civil served until a receipt for the entire pur-
infraction. chase price therefor has been obtained
(Code 1975, § 7-19; Code 2002, § 14-32) from the city.
Sec. 14-33. Interments outside cemeteries (6) In case a lot has been purchased before
prohibited; interment of other May 15, 1973 (at which time perpetual
than humans prohibited. care was not included in the original pur-
chase price), and the purchase price was
No interment of any deceased person shall be paid in full and the payments for annual
made in any place in the city other than within care were current as of May 15, 1973,
cemeteries devoted to that purpose; nor shall the such lot or fraction thereof shall be con-
interment of anything other than human bodies sidered fully paid and entitled to perpet-
be permitted therein. ual care.
(Code 1975, § 7-9; Code 2002, § 14-33)
(7)In the event a lot was purchase before
Sec. 14-34. Purchase of lots generally. May 15, 1973, and either the purchase
price or annual care payments were not
Persons purchasing lots or fractions of lots
current by such date, the owner of such
after May 15, 1973, shall be entitled, upon pay-
lot shall be entitled to burial privileges
ment of the entire price charged as determined
and the lot and perpetual care shall be
from time to time by the city commission, to a
paid in full upon receipt from the owner or
deed conveying burial rights in the lot or fraction,
his assignee of an amount equal to 50
together with perpetual care. Fractions of lots
percent of the current authorized price for
*State law reference-Authority of city to acquire and a lot or fraction thereof.
maintain cemeteries, MCL 125.1. (Code 1975, § 7-10; Code 2002, § 14-34)
CD14:3
§ 14-35 MUSKEGON CITY CODE
Sec. 14-35. Drawing and execution of deeds Sec. 14-38. Perpetual care fund.
to lots.
A perpetual care fund shall be established from
Deeds to cemetery lots shall be drawn in the the sale of grave spaces for the purpose of provid-
name of the city as grantor and shall be executed, ing continued maintenance for the city cemeteries
for and on behalf of the city, by the mayor and city and no part thereof shall be used except for
clerk. cemetery purposes.
(Code 1975, § 7-11; Code 2002, § 14-35) (Code 1975, § 7-14; Code 2002, § 14-38)
Sec. 14-36. Restrictions on rights oflot own- Sec. 14-39. Trusts for care of specific lots.
ers.
(a) The department shall have power to take,
Purchasers of any lot in any cemetery shall receive and hold any property, real or personal, by
acquire only the privilege or license to make devise or otherwise, which may be granted, trans-
interments in the lot so purchased. The owner of ferred or devised to such department in trust for
any lot shall not allow any interment to be made the purpose of caring for and keeping in good
therein for remuneration, nor shall a lot be used order and repair any given lots, or portions thereof,
for any other purpose than a place for burial of specified in any trust. Any such property received
the dead. All interments in lots shall be restricted by way of gift, grant, devise or bequest for the care
to members of the family and relatives of the of certain lots shall be under the control of the
owner thereof, except an owner may give written superintendent and shall be held in trust subject
consent for the burial of the remains of any to the terms and conditions under which it was
person, and if consent is made in good faith and granted.
not for remuneration, the city shall honor the
consent. (b) Such trust fund may be invested in income
(Code 1975, § 7-12; Code 2002, § 14-36) producing securities and the income therefrom,
after the fulfillment of the conditions expressed,
Sec. 14-37. Prerequisites to interment. may be used in improving the cemeteries. No
portion of the principal of the trust fund shall be
No deceased person shall be interred in any temporarily or permanently transferred to the
cemetery until the superintendent has found that: perpetual care fund or used for general cemetery
purposes, contrary to the provisions of the trust
(1) A burial transmit permit has been ob-
under which the funds were originally given.
tained from the health officer as required
(Code 1975, § 7-15; Code 2002, § 14-39)
by law;
(2) The lot in which the burial is to be made Sec. 14-40. Reversion of lots to city for de-
has been fully paid for; linquency in payment of charges.
(3) The person arranging for such burial has (a) Wherever a lot and perpetual care has been
the right to the use of such lot; purchased upon the installment basis after May
(4) Such lot is not used beyond its capacity; 15, 1973, and any installment shall not have been
paid within three months from the date the in-
(5) The proper record is made of the name stallment is due and payable, the city shall cause
and age of the deceased person and of the notice of such default and demand for payment
exact location of the grave; thereof to be given to such owner or purchaser, as
(6) Full payment for all city services, includ- the case may be, by registered mail or by publi-
ing, but not limited to, opening, closing cation of a 30-day notice in the Muskegon Chron-
and storage, has been received. icle or a newspaper fully circulating in the city,
(Code 1975, § 7-13; Code 2002, § 14-37) and if such default shall continue after such
State law reference-Pennit for disposition of body, period, the lot, all burial rights, and all previous
MCL 333.2848. payments shall be forfeited to the city. The city
CD14:4
CEMETERIES § 14-63
shall have the right to resell such lot or portion notified to remove such trees or shrubbery within
thereof, free of any interest of the owner or one week after receiving such notice, and shall
purchaser or any persons claiming thereunder. have refused or neglected so to do.
(Code 1975, § 7-18; Code 2002, § 14-42)
(b) All lots or parts oflots that have reverted to
the city in which bodies have been interred shall
Secs. 14-43-14-60. Reserved.
thereafter be held in trust by the city and no
marker or monument shall be removed therefrom
so long as such marker or monument is legible DIVISION 2. DEPARTMENT OF
and capable of serving the purpose for which it CEMETERIES
was intended. Such grave sites shall be given
routine maintenance care by the city. Sec. 14-61. Establishment and functions; su-
pervision by city manager.
(c) The owner or his assignee of any lots or
relatives interested in any lots which have re- The department of cemeteries is hereby cre-
verted or which may revert to the city may be ated and such department shall manage, operate
redeemed by such persons by paying 50 percent of and maintain the municipal cemeteries subject to
the current price of the lot, or the entire unpaid any limitations and restrictions set forth in this
balance in cash, whichever is the higher amount, division or contained in any applicable law. The
provided such lot or fraction thereof has not been care, maintenance and operation of municipal
contracted for in any way by another person. cemeteries shall be under the supervision and
(Code 1975, § 7-16; Code 2002, § 14-40) control of the city manager.
(Code 1975, § 7-2; Code 2002, § 14-61)
Sec. 14-41. Damage or removal of property.
Sec. 14-62. Departmental records and ac-
No person shall cut, remove, injure or carry counts.
away any flowers, trees, shrubs, plants or vines
(a) The department of cemeteries shall keep
being or growing in and upon any cemetery lot or
full and complete records of the ownership of all
ground used for cemetery purposes owned by the
lots in the cemeteries, of the burial capacity of
city; nor shall any person deface, injure or write
each lot, sold and unsold, of the location of each
upon any markers, monuments, headstones, fences
grave, of the name of each person buried in each
or structures within any of the cemeteries of the
grave that has been or shall hereafter be used and
city; nor shall any person injure or destroy, take
of the date of the burial of each.
or carry away any vases, flower pots or other
ornaments that may have been placed upon the (b) The department of cemeteries shall keep
graves or grounds platted and used for cemetery full and detailed accounts of the receipts of expen-
purposes, unless by permission of the city. ditures on account of the cemeteries and at least
(Code 1975, § 7-17; Code 2002, § 14-41) once a month or more often shall turn over to the
State law references-Malicious mischief, MCL 750.377a city treasurer all monies collected on such ac-
et seq.; destruction of trees and shrubs, MCL 750.382.
counts.
(Code 1975, § 7-3; Code 2002, § 14-62)
Sec. 14-42. Maintenance of trees or shrub-
bery. Sec. 14-63. Appointment of superintendent
as department head.
If any trees or shrubbery situated in any lot, by
means of their roots, branches or otherwise, be- The city manager shall appoint a superinten-
come detrimental to the adjacent lots or avenues, dent of the municipal cemeteries who shall be the
or unsightly or inconvenient to passersby, the city head of the department of cemeteries. The super-
may enter such lot and remove such trees and intendent shall be subject to all management
shrubbery or any part thereof; provided, however, policies of the city.
that the owner of such lot shall first have been (Code 1975, § 7-4; Code 2002, § 14-63)
CD14:5
§ 14-64 MUSKEGON CITY CODE
Sec. 14-64. Duties of superintendent.
(a) The superintendent shall look after and
take proper care of the cemeteries and see that no
lot therein is used or occupied in violation of this
article or of any rule or regulation promulgated
hereunder. The superintendent shall collect all
fees and charges for duties and services per-
formed in connection with the cemeteries. Such
fees shall be remitted to the city treasurer.
(b) The superintendent shall maintain order
in the cemeteries and make complaints for every
violation of this article, and for violation in the
cemeteries of any other ordinance of the city. The
superintendent shall supervise all workmen, vis-
itors and drivers, and shall qualify and act as
police officer in the cemeteries.
(Code 1975, § 7-5; Code 2002, § 14-64)
CD14:6
Sign up for City of Muskegon Emails