RESOLUTION 2013-9 

A RESOLUTION OF THE BOARD OF TRUSTEES OF BALLVILLE TOWNSHIP RE-ESTABLISHING THE RULES AND REGULATIONS AND THE PENALTIES FOR VIOLATION THEREOF RELATIVE TO THE BALLVILLE TOWNSHIP CEMETERIES AND BURIAL GROUNDS. 

WHEREAS, the Board of Trustees of Ballville Township owns several cemeteries and burial grounds within Ballville Township, Sandusky County, Ohio; and

WHEREAS, Ohio Revised Code section 517.11 empowers a township board of trustees to provide for the protection and preservation of the cemeteries under its jurisdiction; and

WHEREAS, Ohio Revised Code section 517.12 permits a township board of trustees to promulgate regulations specifying the times when township owned cemeteries and burial grounds are open to the public; and

WHEREAS, the Board of Trustees has previously enacted rules and regulations regarding all of its cemeteries and burial grounds owned and operated by the Township pursuant to R.C. sections 517.11 and 517.12, and has determined that it is necessary to amend the previously adopted rules and regulations relative to its cemeteries and burial grounds; and

Mr. Stotz moved for adoption of the following Resolution,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF BALLVILLE TOWNSHIP, SANDUSKY COUNTY, STATE OF OHIO:

Section 1.  The Board of Trustees of Ballville Township, pursuant to R.C. sections 517.11 and 517.12, hereby adopts the following rules and regulations for all of the cemeteries and burial grounds owned by the Board of Trustees of Ballville Township.  These rules and regulations shall be in full force and effect from the effective date of this Resolution.

1.  All of the cemeteries owned and operated by the Board of Trustees of Ballville Township shall be open to the public at sunrise and shall close at sunset.  There shall be no trespassing on the premises of any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township after dark.  Anyone found trespassing on the premises of any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township after dark, shall be prosecuted to the fullest extent of the law for trespassing pursuant to section 2911.21 of the Ohio Revised Code and/or for any violation of any other relevant provision of the Ohio Revised Code.

2.  All work within any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township shall be performed only by Ballville Township employees unless otherwise approved by the Board of Trustees or its designee.

3.  No glass or wire burial decorations shall be erected upon any grave site or burial ground owned and operated by the Board of Trustees of Ballville Township during the mowing season from April 15th through October 15th of any year.  Any glass or wire burial decorations found during the mowing season will be removed and discarded by Township employees.

4.  Plantings of any kind within any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township shall be approved by the Ballville Township Superintendent prior to it being planted.  Any planting discovered within a Ballville Township Cemetery that has not been approved by the Superintendent shall be removed and discarded.

In addition, displays of any kind, flags, and/or banners, within any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township shall be approved by the Ballville Township Superintendent prior to it being placed within the cemetery or burial ground.  Any display, flag, and/or banner which are discovered within a Ballville Township Cemetery that has not been approved by the Superintendent shall be removed and discarded.

5.  Any winter grave site or burial ground decorations within any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township shall be removed by April 1st of any year.  Spring and summer decorations shall be allowed after April 15th until October 1st of any year.  Any winter decorations discovered within any cemetery or burial ground owned and operated by the Board of Trustees of Ballville Township after April 1st will be removed and discarded.

6.  The Board of Trustees of Ballville Township shall not be responsible for any items lost or stolen or damaged within the premises of any cemetery or burial ground owned and operated by said Board.

7.  No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery owned and operated by the Board of Trustees of Ballville Township.

No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.

Whoever violates this rule is guilty of vandalism as set forth in section 2909.05 of the Revised Code and anyone found in violation of this rule shall be prosecuted in accordance with section 2909.05 of the Revised Code.  Any criminal prosecution under Ohio law will not preclude the Board of Trustees of Ballville Township from recovering damages from the perpetrator of the vandalism in a civil action filed in a court of competent jurisdiction.

Furthermore, in the event a tombstone, headstone or grave marker is vandalized and those responsible for the damage cannot be discovered and prosecuted or the damage is caused by some act of God not covered by the Board of Trustee’s policy of liability insurance, the Board will seek insurance coverage contribution from the family of the deceased’s home owner’s insurance before submitting a claim to its own liability insurance company.

8.  The Board of Trustees has previously established a Veterans Section in McGormley Cemetery in order to honor those who have served our country in the armed forces.  In order to preserve the decorum and solemnity of the Veterans Section, there shall only be permitted one decoration not more than twelve (12) inches tall per gravesite in the Veterans Section.

9.  No permanent fixtures or decorations shall be placed on any gravesite.  Cement statutes or ornamental benches are not permitted to be placed on any gravesite or within any cemetery or burial ground without the prior permission of the Board of Trustees.

10.  No person shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle, upon any cemetery or burial ground owned and/or operated by the Board of Trustees of Ballville Township.  Whoever violates this section shall be fined not less than fifty nor more than five hundred dollars, imprisoned not less than three nor more than thirty days, or both.

11.  PENALTY.  Whoever violates any rule set forth herein except Rules 1, 7 and 10, shall, upon conviction, be guilty of a minor misdemeanor.  Whoever violates any rule set forth herein except Rules 1, 7 and 10, within one (1) year of a previous conviction of these Rules, shall be, upon conviction of the same, be guilty of a misdemeanor of the third degree.

Section 2.  That the Township Fiscal Officer is hereby authorized and directed to cause these rules to be published once per week for two consecutive weeks in a newspaper of general circulation within the Township.  Furthermore, the Township Fiscal Officer is also authorized and directed to send a certified copy of these rules to the prosecutor of the Fremont Municipal Court.

Section 3.  That this Board of Township Trustees hereby finds and determines that all formal actions relative to the adoption of this resolution were taken in an open meeting of this Board, and that all deliberations of this Board and of its committees, if any, which resulted in formal action, were taken in meetings open to the public in full compliance with applicable legal requirements, including '121.22 of the Ohio Revised Code.

Section 4.  That this Resolution is hereby declared to be in full force and effect at the earliest date permitted by law.

Mr. Kusmer seconded the Resolution, and upon roll call, the votes resulted as follows: Richard Geyer, NO;  W. Robert Kusmer, YES ; and David Stotz, YES.

Attest:  Mary Kay Gabel, Fiscal Officer

Adopted: September 3, 2013

 

• ALL WORK WITHIN CEMETERY SHALL ONLY BE PERFORMED BY CEMETERY EMPLOYEES.
• ALL CEMETERIES CLOSE AT DUSK.
• POSITIVELY NO TRESPASSING AFTER DARK.
• NO GLASS OR WIRE DECORATION DURING THE MOWING SEASON.
• PLANTING OF ANY KIND NEEDS TO BE APPROVED BY THE SUPERINTENDENT.
• WINTER DECORATIONS MUST BE REMOVED BY APRIL 1ST.
• SPRING AND SUMMER DECORATIONS WILL BE ALLOWED AFTER APRIL 15TH.
• BALLVILLE TOWNSHIP IS NOT RESPONSIBLE FOR ITEMS LOST, DAMAGED OR STOLEN.
• CALL 332-7830 FOR MORE INFORMATION.