LAKEVIEW CEMETERY BOARD ORDINANCE
VILLAGE OF NASHVILLE,
ordinance to protect the public health, safety and general welfare by establishing regulations relating to the operation,
control, and management of the Lakeview Cemetery owned by the Village of Nashville, Barry
County, Michigan; to provide penalties for the violation of said ordinance, and to repeal all ordinances or parts of ordinances
in conflict therewith.
THE VILLAGE OF NASHVILLE ORDAINS:
Section 1: Title
This ordinance shall
be known and cited as the Lakeview Cemetery Ordinance.
Section 2: Definitions
Block – A division of land as shown on the cemetery plat
which is determined by existing roadways and structures.
Lot – Numbered divisions as shown on the cemetery plat
which consists of two or more plots (graves)
C. Plot – A normal burial space shall consist of a land area at least four (4) feet wide and ten
(10) feet in length to accommodate one adult internment. Exceptions may be made with Village permission to accommodate infant
burial or burial of cremains.
D. Memorial Garden Plot
– A Memorial Garden burial space shall consist of a land area of 30” wide by 36” in length
to accommodate a cremation internment.
Interment – The permanent disposition of the remains of a deceased
person by burial.
F. Memorial Marker – Shall include a tombstone or memorial marker of granite or marble which shall extend above the surface of the
G. Lot Marker – Refers to any
means used by the cemetery to locate corners of the lot or plot.
Adult Burial – Shall be any burial involving a burial box greater
than four feet in length.
I. Child Burial – Shall be any burial box less than four feet in length.
Cremains – Shall be the burial of the ashes of a cremated body.
Perpetual Care – Shall consist of mowing, seeding, trimming trees
and shrubbery, removal of dead flowers and general upkeep of the lot.
Cemetery Record and Deed
Authority – Village of Nashville Clerk
M. Sexton – Burial Authority determined by the Village of Nashville council.
N. Mourning Period – Shall be 60 days following the internment. This period shall allow for placement of flowers and
other articles on the grave site. At the end of the mourning period, the family should remove the items on the grave that
they wish to keep and the village will discard any remaining items.
O. Resident – Shall be defined as a person who resided continuously within the village limits
for at least one year prior to the purchase.
3: Definitions of cemetery lots
A. A cemetery lot shall consist of burial spaces sufficient to accommodate from one
to six burial spaces.
B. An adult burial space shall consist of an area of land four (4) feet wide and
ten (10) feet in length and be at least fifty (50) inches deep.
An infant or stillborn burial space
shall consist of an area of land three (3) feet wide and three and one half (3 ½) feet in length in areas set aside
specifically for such burials. It shall be at least four (4) feet deep.
A cremains burial space (Memorial Gardens) shall consist of an area of land 30 inches wide by 36 inches in length.
Section 4: Sale of lots or
A. Cemetery lots or burial spaces shall be sold for the purpose of the burial of such purchaser or his or her
relations. No sale shall be made to funeral directors or other third parties, except those acting as an agent for an eligible
B. All such sales shall be made on a form approved by the Cemetery Board, which grants a right of burial only
and does not convey any interest or title to the lot or burial space sold. Such forms shall be executed by the cemetery Sexton
or Village Clerk and constitute a permit when approved.
C. The Village Clerk may sell cemetery lots (burial spaces) to
any resident of the Village of Nashville. The Village Clerk is hereby granted the authority to vary
the previously mentioned restriction on sales where the purchaser discloses sufficient personal reason for burial within the
Village through previous residence in the Village or relationship to persons interred in the Lakeview Cemetery.
D. At the time of purchase from the Village, each burial space
shall be assigned the name of the person who shall be interred in that burial space upon death. Multiple spaces purchases
for family members are to be assigned. Burial rights may only be transferred to those persons in the family of the original
purchaser and may be affected only by endorsement of an assignment of such burial permit upon the original burial permit form
issued by the cemetery sexton or the Village Clerk, and entered upon the official records. Upon such assignment, approval
and record, the cemetery sexton/Village Clerk shall issue a new burial permit to the assignee and shall cancel and terminate
upon such records, the original permit thus assigned. This paragraph may be modified due to extenuating circumstances.
Section 5: Purchase price and transfer
A. Each burial space cost shall be determined by a fee structure established by the Lakeview Cemetery Board.
Charges for burial spaces shall
be payable to the Village of Nashville
Any transfer of one or more burial
spaces from an original purchaser to a qualified assignee shall cost the sum to be determined by the Lakeview Cemetery Board.
The lawful owner of any cemetery
burial space within the Lakeview Cemetery shall promptly provide
the Village with any change in that owner’s mailing address.
The Lakeview Cemetery Board by
resolution may periodically alter the foregoing fees to accommodate increased costs and needed reserve fund for cemetery maintenance
F. For those individuals who are unable to pay for a gravesite and burial due to indigence, application
may be made to the Family Independence Agency, or the legal state agency, who will forward payment to the Village.
All arrangements for burials shall
be made at the Village of Nashville office located at 203 N Main St.
Nashville, either by funeral director or by representative of the immediate family of the deceased.
Burial fees and charges must be paid within 30 days of internment.
Section 6: Grave opening
A. The Village may charge reasonable fees for opening and closing of any burial space, prior to and following
a burial therein, and including the internment of ashes. Such fees shall be set from time to time by resolution of the Lakeview
Cemetery Board, payable to the Village of Nashville.
Winter burials may have added charges
depending upon the weather.
C. No burial space shall be opened or closed except under the direction and control
of the cemetery sexton or such other individual as is designated by the Lakeview Cemetery Board. This provision shall not
apply to proceedings for the removal and re-internment of bodies and remains, where such matters are under the supervision
of the local health department or court competent jurisdiction.
Section 7: Markers or memorials
All markers or memorials must be
of stone or other equally durable composition and shall face the same direction as the markers and memorials around them.
B. Except for monuments which existed in the Lakeview Cemetery before the effective date of this ordinance, no monument will be allowed or erected in the cemetery. For purposes of
this Ordinance, “monument” shall be defined as any marker, memorial, statue or similar item which exceeds forty-eight
(48”) inches in height above normal ground level or which has a ground surface area exceeding five (5’) square
C. Only one marker or memorial shall be permitted per burial space, or one marker or memorial in total where
two adjoining burial spaces share that one marker or memorial. Markers shall not exceed forty-six (46”) inches in width
or sixty (60”) inches in width for a double marker, with an overall height of no more than forty-eight (48”) inches
above ground level, including the foundation. Individual markers for cremains shall be flush with the ground and shall be
no more than twelve (12”) inches by twenty-four (24”) inches in size in the Memorial Gardens.
D. More than one name can be on markers. Names can be on one side or both sides of markers.
The footing or foundations upon
which any marker of memorial must be placed shall be constructed by the cemetery sexton and paid for by the family involved
at their expense. Fee structure to be established by the Lakeview Cemetery Board.
Foundation is to be thirty (30”)
in depth, with a width 2” larger than the marker on each side for a regular marker in the general cemetery area and
thirty (30 “) in depth, with a width 1” larger than the marker on each side for a cremation marker within the
Memorial Gardens area.
Should any monument or memorial
(or monument which was in place before this ordinance became effective) become unsightly, broken, moved off its proper site,
dilapidated or a safety hazard, the Lakeview Cemetery Board shall have the right, at the expense of the owner, to correct
the condition or remove the same. The village shall make reasonable attempts to contact the owner prior to any such work beginning.
Enclosures (fences, concrete borders,
edging or similar borders) around any lot or group of lots are prohibited.
Section 8: Internment regulations
The village shall be given not
less than 36 hours prior notice in advance of any funeral to allow for the opening of the burial space. The opening and closing
of burial spaces shall be done only by the village or such person or persons as are designated by the village.
The appropriate permit from the
village for the burial space involved, together with appropriate identification of the person to be buried therein, shall
be presented to either the cemetery sexton or the Village Clerk before internment. Where such permit has been lost or destroyed,
the Village Clerk shall be satisfied, from his/her records, that the deceased person to be buried in the burial space is an
authorized and appropriate person for that space before any internment is commenced or completed.
The surface of all graves shall
be kept in an orderly and neat appearing manner within the confines of the burial space involved.
Only human remains to be interred.
The burial of two or more persons
in a single grave is prohibited except for a parent and baby, if buried at the same time, or in the case of infant burials,
or in the case of cremains. Orders from the funeral directors will be accepted by the Sexton or Village Clerk as orders from
the owners. Cremain names can be on backside of marker or flush marker.
A maximum of two (2) cremains shall
be allowed to be placed in one grave unless permission is otherwise granted by either the cemetery sexton or the Village Clerk.
Orders from the funeral directors will be accepted by the Sexton or Village clerk as orders from the owners.
A maximum of one (1) cremain shall
be allowed to be place in each space located in the Memorial Gardens.
Section 9: Ground
A. Urns may be placed and maintained at the head stones of graves. All urns must have a foundation of some type.
It can be either a poured foundation or a simple patio block. The foundation for an urn must be places as close as possible
to the headstone foundation so as to leave little or no space between the two foundations. Decorations
will be permitted for Holidays. Veteran flags and flag holders shall be governed by the Veteran’s Administration rules
B. No grading, leveling, or excavating within the cemetery shall be allowed without permission of the sexton.
C. No flowers, shrubs, trees, or vegetation of any type shall be planted outside of an urn. Any of the forgoing
items planted without village approval will be removed by the village or sexton.
Decorations allowed on burial sites
must be placed on headstones, on the foundation or in urns. This includes but is not limited to ornamental, solar powered,
silk flowers with wire stuck in the ground, wind chimes, or other like kind decorations.
The Lakeview Cemetery Board reserves
the right to remove or trim any existing trees, plants or shrubs located within the cemetery in the interest of maintaining
proper appearance and the use of the cemetery.
F. Mounds, which hinder the free use of the lawn mower or other
gardening apparatus, are prohibited.
G. The cemetery sexton shall have the right and authority to
remove and dispose of any and all growth, emblems, displays or containers which through decay, deterioration, damage or otherwise
become unsightly, a source of litter or other maintenance problem.
Neither the purchase price nor
the perpetual care agreement contemplates the repair or replacement of any monument, urn or memorial marker.
No person shall remove any object
belonging to others from any place in the cemetery or make any excavation without the consent of the sexton.
Surfaces other than earth or sod
K. Urns, vases and other containers that appear to be abandoned or unused after a reasonable length of time
will be disposed of at the discretion of the sexton.
Herbicides may be used at the discretion
M. The Lakeview Cemetery Board is authorized to approve perennial plantings for the cemetery non grave sites. The Lakeview
Cemetery Board has the authority to have plantings of any kind removed.
N. Tapping of the trees in the Lakeview Cemetery for the purpose of obtaining sap to make Maple Syrup is not allowed for any reason.
10: Forfeiture of vacant cemetery lots or burial spaces
For all burial spaces
sold after the effective date of the adoption of the original Cemetery Ordinance, (July 31, 2003)
burial rights permits are valid for 40 years after being issued. At the time of expiration, notice shall be sent by the Village
Clerk by first class mail to the last know address of the owner of record notifying them of the expiration. All rights with
respect to said burial rights and related permits will be forfeited if the owner does not notify the village in writing within
60 days from the date of mailing that they desire to retain said rights.
Section 11: Repurchase of lots or burial spaces
Lakeview Cemetery Board will repurchase any cemetery lots or burial space from the owner for the original price paid the Cemetery
Board upon written request of said owner or his legal heirs or representatives.
Section 12: Records
A. The Village Clerk shall supervise the maintenance of records
concerning all burials, issuance of burial permits, and any perpetual care fund, separate and apart from any other records
of the Village and the same shall be open to public inspection at all reasonable business hours.
The sexton will maintain cemetery
Section 13: Vault
All burials shall be within a standard
concrete vault, which meets all applicable laws, installed or constructed in each burial space before interment. Vaults of
other suitable materials may be allowed at the discretion of the sexton if allowed by law
Cremains shall be in a container
approved by the sexton.
14: Cemetery hours
The cemetery shall be open to the general public
from sunrise to sunset each day. No person shall be permitted in the cemetery at any time other than the foregoing hours,
except with the written permission of Lakeview Cemetery Board or sexton.
Section 15: Prohibited Acts
No person shall destroy, deface,
apply graffiti to or otherwise injure any monument/markers /memorials, sign, tree or other lawful item located within the
No person shall disturb the peace
or unreasonably annoy, harass, or disturb any other person who is lawfully located on the grounds of the Lakeview Cemetery including funeral services.
No vehicles shall be permitted
to drive on lawns or lots in the Lakeview Cemetery.
Section 16: Chapel Use
A. All arrangements for use of the Chapel
shall be made at the Village of Nashville office located at 203 N Main St.
Nashville, either by funeral director or by representative of the immediate family of the deceased.
B. The village shall be given not less than 36
hours prior notice in advance of any funeral that is planned for the Chapel to allow for the opening of the Chapel. The opening
and closing of Chapel shall be done only by the village or such person or persons as are designated by the village.
C. The village does not charge for the use of the Chapel but will accept
free will donations.
17: Applicability of this Ordinance
A. This Ordinance shall apply only to cemeteries owned, controlled
or operated by the Village.
B. The provisions of this Ordinance shall not apply to Village officials or their
agents or designees involved with the upgrading, maintenance, administration or care of the cemetery.
Parking during a funeral will be
allowed in designated areas as approved by the sexton.
Section 18: Penalties
Any person, firm, corporation, or other entity who violates any term or provision
of this Ordinance is responsible for a municipal civil infraction and shall be punished by a civil fine of $250 for a first
violation, $400 for a second violation, and $500 for a third or subsequent violation and shall be liable for the payment of
costs in an amount of not less than $9.00 and not more than $500. The Village President, Village Clerk, any village police
officer, members of the Cemetery Board, and Cemetery Sexton shall all be deemed authorized local officials, authorized to
issue municipal civil infraction citation for violations of this ordinance.
Section 19: Severability
The provisions of
this 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 decision and shall not affect or invalidate the remainder of such ordinance which shall continue
in full force and effect.
20: Effective Date
This Ordinance shall become effective within 21 days
from the date of its passing. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
This Ordinance was adopted on October 25, 2007.