Cemeteries In Assyria Township
· Assyria Cemetery Section 22, Assyria Road/M-66 Bellevue
· Bell Cemetery Section 26, Wing Road, Bellevue
· Ellis Cemetery Section 9, Lacey Road/County Road 412,
Bellevue
· Checkered Cemetery Section 31, off Woods Rd, Battle Creek
(INACTIVE)
Union Cemetery at the corner of North Ave. and Butler Road is also available to Assyria residents. Contact the Maple Grove Township Sexton at (517) 852-0872.
Assyria Township Cemetery
Ordinance
An ordinance to protect the public health, safety and general welfare by
establishing regulations relating to the operation, control, and management of
cemeteries owned by the Township of Assyria, Barry County, Michigan; and to
repeal all ordinances or parts of ordinances in conflict therewith.
The Township of Assyria, County of Barry, Michigan ordains:
Section 1: Title
This ordinance shall be known and cited as the Assyria Township Cemetery
Ordinance.
Section 2: Definitions of cemetery
lots and burial spaces
A. A cemetery lot shall consist of burial spaces sufficient to accommodate five
adult burial spaces. An adult burial is any burial that involves a burial box
greater than four (4) feet in length.
B. A stillborn, infant or child burial space consists of land three (3) feet
wide and four (4) feet long. A stillborn, infant or child burial is any burial
that involves a burial box less than four (4) feet in length.
C. A cremains burial space consists of land three (3) feet wide and four (4)
feet long. A cremains burial is the burial of ashes of a cremated body.
D. One adult burial space will hold
a) One (1) adult burial or;
b) One (1) adult burial and one cremain burial or;
c) Up to two (2) stillborn, infant or child burials or;
d) Four (4) cremain burials
Section 3: Sale of lots or burial
spaces
A. Hereafter, cemetery lots of burial spaces shall be sold only to residents or
taxpayers of the township for the purpose of the burial of such purchaser or
designates of purchaser. No sale shall be made to funeral directors or anyone
who plans to resell the space. The township clerk has the authority to suspend
restrictions on sales on a per case basis if special circumstances are
involved. For example, a clerk may allow a non-resident to purchase burial
space if the person once lived in the township or has relatives in the
cemetery.
B. All sales shall be recorded on a form approved by the township board, which
grants a right to burial only and does not convey any other title to the lot or
burial space sold. Such form shall be executed by the township clerk.
C. Burial rights may only be transferred to people eligible to be original
purchasers of burial spaces or lots. Burial rights may only be changed if the
township clerk assigns a new burial permit to replace an original, endorses the
new permit and officially records the transaction. At this time, the clerk
should issue the new permit to the assignee and cancel the original permit.
D. No more than on burial lot (five (5) spaces) may be purchased by an
individual. An exception to this restriction must be granted by the township
board.
Section 4: Reservation price and
transfer fees
A. Each adult burial space shall be reserved for the sum of $10.00 per space
for resident and $250.00 for non-resident.
B. Any transfer of one or more burial spaces from an original purchaser to a
qualified assignee shall cost $10.00
C. The township board, by resolution, may periodically alter the foregoing fees
to accommodate increased cemetery maintenance and acquisition costs.
Section 5: Grave opening charges
A. The opening and closing of any burial space, prior to and following a
burial, including the interment of ashes, shall be at a cost to be determined
from time to time by resolution of the township board.
B. No burial spaces shall be opened and closed except under the direction and
control of the cemetery sexton.
Section 6: Interment, Disinterment
and Reinterment Regulations
A. Not less than 48 hours advance notice shall be given to allow for the
opening of the burial space.
B. Funeral home, family member or other designate shall notify township clerk
that a person with burial rights in the township cemetery has died.
C. Township clerk or sexton shall develop interment order to be signed by
funeral director or family member verifying burial space.
D. Only human remains may be interred in any lot of the cemetery.
E. In the event of inclement weather or other circumstances beyond control,
burial will be scheduled as soon as possible as determined by Clerk and/or
Sexton
Section 7: Cemetery maintenance and
care
A. No grading, leveling, or excavating upon a burial space shall be allowed
without permission from the cemetery sexton or the township clerk.
B. No flowers, shrubs, trees or vegetation of any type may be planted without
the approval of the cemetery sexton or the township clerk. Any of these items
planted without approval may be removed.
C. 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 use of the cemetery.
D. Mounds which hinder the free use of a lawn mower or other lawn care device
are prohibited.
E. Surfaces other than earth or sod are prohibited.
Section 8: Forfeiture of vacant
cemetery burial spaces or lots.
Cemetery lots or burial spaces sold after the effective date of the ordinance
and remaining vacant 40 years from the date of their sale shall automatically
revert to the township upon occurrence of the following events.
A. Notice shall be sent by the township clerk by first class mail to the last
owner of record informing him or her of the expiration of the 40 year period
and that all rights with respect to said lots or spaces will be forfeited if
not affirmatively indicated in writing to the township clerk within 60 days
from the date of notice mailing.
B. If no written response to said notice indicating a desire to retain the
cemetery lots or burial spaces in question is received by the township clerk
from the last owner of record of said lots or spaces, or heirs or legal
representative, within 60 days from the date of mailing of said notice, the
burial spaces revert to the township.
Section 9: Repurchase of lots or
burial spaces.
The township will repurchase any cemetery lots or burial space from the owner
for the original price paid the township upon request of said owner, heir or
legal representative.
Section 10: Records
The township clerk and sexton shall maintain records concerning all burials and
issuance of burial permits.
Section 11: General Regulations
A. The cemetery shall be open to the general public during daylight hours.
B. No person shall injure, deface or destroy any burial space, marker,
monument, building, fence, flower, tree shrub or other item in the cemetery.
C. Alcohol is not permitted in the cemetery
D. No firearms are allowed in the cemetery, except in the case of military
funerals or ceremonies by official veteran’s organizations.
Section 12: Severability
The provisions of the within ordinance are hereby declared to be severable and
should any provision, section or part thereof be declared invalid or
unconstitutional by any court of competent jurisdiction, such decision shall
only affect the particular provision, section or part thereof involved in such
ordinance. Other portions of the ordinance shall continue in full force and
effect. This ordinance is subject to amending as needed.