OK gang...Helen has already informed me I'm all wet, but I still don't agree
with her. While that is not uncommon, I still must throw in my 2 cents
worth.
If the code citation you are referring to regarding cemetery fences is this:
"The trustee of each township shall locate and maintain all the cemeteries
described in IC 23-14-68-1(a) that are within the township. However, a
cemetery association claiming assistance shall furnish a verified statement of
assets and liabilities to the township trustee. (IC 23-14-68-2)
The maintenance of a cemetery includes the following: (1) Resetting and
straightening all monuments (2) Leveling and seeding the ground (3) Constructing
fences where there are none and repairing existing fences. (4) Destroying and
cleaning up detrimental plants (as defined in IC 15-3-4-1), noxious weeds
and rank vegetation. (IC 23-14-68-3)"
I am still not convinced that this statute, as worded, REQUIRES a fence
around a cemetery. Yes, it requires maintenance. And we know based on this
statute what maintenance INCLUDES, by definition. But it does not state that
maintenance REQUIRES all four of these points to be in compliance.
For example...what if a cemetery, such as a Quaker burial ground, has no
stones to reset and straighten? They never existed. Is a trustee REQUIRED to
place a grave stone for each burial by definition of "maintenance"? Is a
trustee in violation of the law in this instance?
I will continue to maintain that the spirit of this legislation is to ALLOW
and not REQUIRE a trustee to place a fence around a cemetery and therefore
make such construction an approved use of his or her tax monies, which are
audited by the state board of accounts. Could this entire section have been
worded more clearly? You bet. But my uneducated but somewhat experienced
interpretation is that it was not the intent of our general assembly to require the
construction of fences around cemeteries....only allow them under the
definition of maintenance.
I wonder if there's any case law on this topic.... doubtful!
Kyle D. Conrad