Chapter 12.20
ASOTIN CITY CEMETERY
Sections:
12.20.020 Rules, regulations and purpose.
12.20.050 Perpetual care graves.
12.20.070 General regulations.
12.20.110 Headstones, monuments, markers, graves, etc.
12.20.120 Copy of regulations to purchaser.
12.20.010 Definitions.
As used in this chapter:
A. “Burial” means the placement of human remains in a grave.
B. “Cemetery” means any one, or combination of more than one, of the following, in a place used, and dedicated for cemetery purpose:
1. A burial place for earth interment.
C. “Committal” means that part of the funeral service, which commits the remains of the deceased to their final resting place.
D. “Cremated remains” means a human body after cremation in a crematory.
E. “Funeral” means a memorial service for a deceased person.
F. “Grave” means a space of ground in a cemetery used or intended to be used for burial.
G. “Companion grave” means two single graves side by side or one double depth grave.
H. “Grave owner” or “owner” means any person in whose name an interment plot stands of record as owner, in records of the cemetery authority.
I. “Human remains” or “remains” means the body of deceased person, and includes the body in any stage of decomposition except cremated remains.
J. “Interment” means the disposition of human remains by cremation and interment, entombment or burial in a cemetery.
K. “Marked and/or memorial” means any grave marked, headstone, or monument that is intended to permanently mark any grave.
L. “Plot” means grave, niche or crypt.
M. “Vault” or “liner” means any container which in buried in the ground and into which human remains are placed in the burial process. (Ord. 99-571 § 1, 1999)
12.20.020 Rules, regulations and purpose.
A. The rules and regulations continued in this chapter is made only for the benefit of the grave owners and is designed to limit their rights insofar as such limitations are for the benefit of all. If rules and regulations are not made the exercise by certain ones interfere with the rights and enjoyment of others, as well as destroy the general scheme and beauty of the property. No rule has been adopted except as is necessary to preserve the rights of all whom the city considers itself the trustee.
B. These rules and regulations may be changed or amended at any time by the city council, and will be so changed and amended when any rule is found to be detrimental to the best interest of the grave owners, as a whole, or when new conditions require the adoption of other or further regulations. Copies may be had upon request to the city clerk-treasurer. (Ord. 99-571 § 1, 1999)
12.20.030 Applicability.
A. The city is authorized to improve, embellish, and maintain the lands now owned by and used for cemetery purposes, and to acquire, hold, use and improve, embellish and maintain any additional lands for such purpose.
B. It is unlawful for any person, firm, or corporation to establish or plat any new cemetery or to extend the boundaries of any existing cemetery within the limits of the city of Asotin, and it is unlawful to establish or plat any new mausoleum or crematory, or extend any mausoleum or crematory within the city limits of the city without the permission of the city council.
C. The city clerk/treasurer shall keep accurate books of account of all transactions pertaining to such funds, and shall keep records of the purchases of lots and interments and other sexton records as required by state law. Investments shall be managed by the clerk/treasurer per RCW 35A.40.050.
D. The city cemetery shall be operated and maintained by the superintendent of public works. He or she shall be designated for the purposes of this chapter as the cemetery supervisor and shall have authority to enforce this chapter and also shall have all duties which are imposed on a sexton by any existing ordinance, excepting those records designated to the city clerk/treasurer.
E. No work on gravesites or lots is allowed by another other than city employees excepting those authorized by the superintendent of public works. (Ord. 14-784 § 1, 2014; Ord. 99-571 § 1, 1999)
12.20.040 Cemetery hours.
Visitor hours during which the cemetery roads are open are from 7:00 a.m. to 8:00 p.m. or dusk (whichever is earlier) daily and normal burial hours shall be restricted during the week to the hours of 8:00 a.m. and 7:00 p.m. without special permission of the cemetery designee. (Ord. 99-571 § 1, 1999)
12.20.050 Perpetual care graves.
A. All graves within the city cemetery used for the cemetery purpose are designated for perpetual care.
B. Price of Graves and Service.
1. The fees charged for graves and services are established by the city council by resolution and/or adoption.
2. The grave sale price, upon adoption of the ordinance codified in this chapter, shall be added 20 percent of such sales, which amount shall be deposited in the cemetery funds use for perpetual care. (Ord. 99-571 § 1, 1999)
12.20.060 Cemetery fund.
A. The cemetery fund is established with money received from the amount set forth from grave sales and from any property devised, bequeathed or given in trust to the cemetery.
B. The income from investments of the cemetery fund will be used for care and operation of the cemetery, for capital improvement, or embellishment within the cemetery. These funds will reserve the allowance of 20 percent for perpetual care only, The cemetery committee recommends that the perpetual care fund be placed in an interest bearing account.
C. Other cemetery funds may be used for memorials within the city limits for those buried in the city cemetery or to commemorate those persons who have perished that are/were considered part of the community. This will include, but not be limited to, the planting of trees, development of parks, sculptures or other monuments to honor those persons. (Ord. 99-571 § 1, 1999)
12.20.070 General regulations.
A. The rules and regulations set out in this chapter and subsequent chapters are determined by motion, adoption, or resolution of the city council, by recommendation of the cemetery committee or chairperson, and shall govern all cemeteries now owned or hereafter acquired by the city. The city expressly reserves the right to make, from time to time, such additional rules and regulations as may be deemed desirable in the public interest.
B. No tree, shrub or plant shall be planted, placed or kept on any lot or in any part of the cemetery except in areas designated by the city for planting or keeping therefor. Any tree, shrub or plant planted or kept or maintained in violation heretofore shall be summarily removed, or ordered for removal, by the cemetery chairperson, or cemetery committee member with such other city help as is necessary, and the cost of removal shall be paid by the offending person or persons.
1. This section will not, in general, apply to plantings prior to this resolution. However, it will be within the discretion of the cemetery committee chairperson, cemetery maintenance manager, or the cemetery committee to determine a need to remove, replace, or prune present plantings. All city employees will confer with a member of the cemetery committee prior to removal of any planting.
C. No monument, structure, effigy, inscription, sign, placard or thing shall be placed, kept or maintained upon any lot or other cemetery area except as specifically authorized by the ordinances, rules and regulations of the city. If anything is placed, kept or maintained in violation therefor the cemetery chairperson or member of the cemetery committee shall, with such other city help as necessary, summarily remove the same, and the cost of removal shall be paid by the offending person or persons if so deemed necessary.
D. No fences, coping or curbing of any kind, and no other monuments, stones, objects or things of any kind projecting above the surface of the ground will be permitted, except as specifically authorized by the ordinances, rules and regulations of the city or approval by the city council.
1. Family plots, being designated by purchase and recorded by the city clerk-treasurer, may be excluded in fencing regulations providing the family notifies the city clerk-treasurer and the designated area is confirmed and approved by a member of the cemetery committee. This reduces the possibility of mismeasured plots and encroachment upon other plots.
E. Heavily loaded vehicles and other heavy or sharp objects or things which will mark or tear up the ground shall not be allowed within the cemetery areas without written permission of the cemetery chairperson or by mutual committee agreement.
F. Every person entering the city cemetery shall be responsible for all damages done by that person or by any vehicle, person, or animal, or thing in that person’s charge.
G. No animal shall be taken into or allowed to enter any cemetery area without being restrained (leashed) and kept upon the designated roadways.
H. Any person disturbing the quiet and good order of the cemetery by noises or disorderly or improper conduct, or who shall violate any of the rules or regulations pertaining to the cemetery, will be ejected from the cemetery.
I. No vehicle shall: (1) be driven in any part of the cemetery except on the driveways laid out for that purpose; (2) be driven in the cemetery at a speed exceeding five miles per hour; (3) be driven or parked in the cemetery between the hours of 10:00 p.m. and 7:00 a.m., except law enforcement vehicles or city maintenance vehicles.
J. Signs and advertisements of every description are strictly prohibited in the cemetery, except as necessary for cemetery regulations by the cemetery committee or approved by the city council.
K. No person shall take any firearm or gun inside the cemetery. This restriction shall not apply to those participating in military funerals; special occasions honoring those involved with the military, to law enforcement officers or special funerals whose tradition it is to salute by firearm.
L. No person, whether or not a lot owner or a holder of a deed to a lot or portion of a lot, shall pick any flower or break any limb of any tree or shrub in any cemetery or remove any tree or plant from the cemetery unless he has received permission from the cemetery supervisor. This regulation shall apply to all trees and plants brought into the grounds by friends or relatives of a deceased person as well as to those furnished by the city.
M. Cut flowers and potted plants in containers are allowed on graves as long as the container remains atop the confines of the marker or memorial or in a foundation floral cup. Wilted flowers and dead potted plants will be removed when they become unsightly. No glass containers will be allowed and such container and items in the container will be disposed of immediately.
N. Flowers, floral designs, wreaths, easels, flags, and temporary markers may be placed at any burial site at the time of a funeral and shall be removed no later than five days after the funeral, either by the family or family representative.
O. Flowers, floral designs, wreaths, easels, flags, and artificial flowers and plants may be placed on graves during the time set for Easter observance, which shall begin the Friday before Easter and end the Sunday following Easter, and the time set for Memorial Day observance, which shall begin the Saturday before Memorial Day and end the Monday following Memorial Day, and shall be removed by the end of the observance days.
P. Artificial flowers or other decorations found to have been blown, scattered, or misplaced due to weather or other causes will be discarded.
Q. If items are not removed by the family or a representative by the designated time limits, items will be removed by city personnel.
R. The city is not responsible for damage to or theft of cut flowers, potted plants, displays or containers. Anyone leaving such articles in the cemetery does so at their own risk. The placing of balloons, toys, ornaments, settees, and similar articles upon plots shall not be permitted and, if so placed, city personnel may remove the same.
S. Only personnel authorized by the city shall plant, trim, prune, or remove any part of the trees or shrubs in the cemetery. If any tree or shrub situated on any lot by means of its roots, branches, or otherwise become dangerous to the adjacent lots, walks, or avenues, or to persons within the cemetery, the city shall have the right and it shall be its duty to enter upon the lot and remove the trees or shrubs, or any parts thereof as it may see fit.
T. No person shall place improvements or cornerstones indicating the boundaries of lots except on the lot or portion of a lot itself, nor shall anyone place fences of wood or iron, or walls, coping or curbs of brick, stone or marble on any lot or portion of a lot as an enclosure thereof. (Ord. 14-784 § 1, 2014; Ord. 99-571 § 1, 1999)
12.20.080 Malicious mischief.
A. The following acts are prohibited, as every person is guilty of malicious mischief who unlawfully or without right wilfully does any of the following:
1. Destroys, cuts, mutilates, effects, or otherwise injures, tears down, any tomb, plot, monument, memorial, or marker in the city cemetery, or any gate, door, fence, wall, post, or railing or any enclosure for the protection of the cemetery or any property therein;
2. Destroys, cuts, breaks, removes, or injures any building, statuary, ornamentation, tree, shrub, flower, or plant within the cemetery.
B. The foregoing provisions relating to malicious mischief do not apply to the removal or unavoidable breakage or injury, by the city agents or employees, of any thing placed in or upon any portion of the city cemetery in violation of any of the rules and regulations of the city, nor to the removal of any thing placed in the cemetery by or with the consent of the city which has become in a wrecked, unsightly or dilapidated condition. (Ord. 99-571 § 1, 1999)
12.20.090 Interments.
A. No interments shall be allowed or made in any lot for which the city has not been paid the full purchase price prior to interment. Exception can be made under special circumstances with permission from the cemetery chairman, city mayor, or majority of the cemetery committee.
B. Burial for the indigent will be located in what is historically known as “Potters Field.” The cemetery committee and/or the city council will determine cost of such burial site and/or establish a payment agreement with the heir(s) or assignee(s).
C. Lots are sold for the purpose of burial of the human only. Permission to bury pets with human remains must be given by the cemetery committee and/or city council.
D. Lots will be purchased and recorded at the office of the city clerk-treasurer.
E. No burial will be permitted in the cemetery without the proper burial permits as required by the laws of the state of Washington and those of the city, as well as Asotin County. All burials will be required to follow the guidelines of the state of Washington and Asotin County. These guidelines will include, but not be limited to burial vaults and/or liners.
F. No burial will be permitted in the cemetery without a written permit from the office of the city clerk-treasurer. At time permission is requested, the name, age, place and date of birth, place and date of death, sex, explanation of death, and last address of the person to be interred shall be given to the city clerk-treasurer. See final attachment for an example of the recommended document of record.
G. A record shall be kept of all remains interred or cremated. In each case, the date of interment or cremation and the name and address of the funeral director, in addition to the information mentioned above, shall be kept as part of the record of interment.
H. Upon the death of any owner of a lot, or lots, in the cemetery, the heirs, assignees, or devisees of such descendent must furnish to the city satisfactory proof of ownership of any such lot or lots, before further interments can be made.
I. No transfer of any lot or any interest therein, will be valid without the notification to the city clerk’s office and endorsed upon such transfer, and a record therefor entered on the books of the city.
J. Within the cemetery area, all funerals will be subject to control and direction of a member of the cemetery committee, who will have the entire control of the digging of graves, and all other matters relating to burials.
K. No grave shall be dug less than six inches from the boundary line of the lot and graves on lots shall be pre-arranged as to not present a crowded or irregular appearance. This part is subject only to unused lots as of the adoption of the ordinance codified in this chapter.
L. Mounds over new graves must be kept low, not over five inches in height.
M. Cemetery deeds shall be executed by the clerk/treasurer and shall limit the use of the lots conveyed to cemetery purposes only. No fractional lot shall be resold except with the consent of the city council and any sum received in excess of the original price shall be turned into the cemetery endowment care fund.
N. Any owner desiring to transfer or assign a part of his or her tract to another person must have a record of his or her transfer or assignment noted on the cemetery records and a copy of the transaction shall be kept at City Hall.
O. A descendant of a plot owner without a deed of ownership will be granted use rights as governed by state law in Chapter 68.32 RCW.
P. Interments must be scheduled with the city three working days before the intended interment day and time to allow the city to prepare the gravesite.
Q. No interments of remains or cremated remains nor work on portions of lots are allowed by anyone other than those permissions given by the superintendent of public works.
R. Funeral directors or designated representatives who sign on behalf of the family are accepting all responsibility for any decisions of actions taken under their direction.
S. A lot or portion of a lot is intended as a family burial place of the purchaser. The family may permit the interment in a lot or portion thereof of a nonmember of the family, but an heir cannot permit an internment of a nonfamily member except by unanimous consent of all owners. Permissions concerning permission for burial of certain family members, heirs, and nonfamily persons are governed by Chapter 68.32 RCW.
T. No interment will be permitted without the proper burial permit as required by the health authorities. Cremated remains must be properly labeled and accompanied by acceptable document documentation to certify identity of the cremated remains.
U. Interments allowed per portion of a lot are as follows:
1. No person shall bury one body on top of another.
2. Only one casket per lot shall be allowed.
3. Ashes of human remains may be interred as follows:
a. Three cremated remains may be added to a lot with a casket interred.
b. Four cremated remains may be interred to a lot with no casket. (Ord. 14-784 § 1, 2014; Ord. 99-571 § 1, 1999)
12.20.100 Disinterments.
No disinterments will be allowed without a written permit from the registrar of the district in which the city cemetery is located, as well as without the written permission of the city and the lot owner or assignee. Additional permission must be given by the nearest kin of the deceased. All such disinterments shall be under the direction and supervision of a member of the cemetery committee, or a designate by the cemetery chairman, except that disinterments will be allowed when made pursuant to an order of a court of record, in which case receipts for the remains must be given. (Ord. 99-571 § 1, 1999)
12.20.110 Headstones, monuments, markers, graves, etc.
A. In order to secure the best general appearance the city requires that all plantings of shrubs and plants in the cemetery shall be done only in accordance with the established plan under the direction of the cemetery committee, with the approval of the committee, and in such places only as they may designate pursuant to such plan.
B. A list of allowed and/or suggested plantings shall be provided upon request to a committee member or the city clerk’s office, as well as upon receipt of a burial permit or purchase of a burial lot.
C. Headstones and plate or plaque markers must be installed with foundations. The foundation shall be at least four inches wider on all sides than the stone or other marker. Polished foundations polished to the ground are not recommended due to possible scratching during mowing.
D. After receiving authorization from the city, temporary flush markers may be placed on graves for up to a maximum of eight weeks.
E. No person shall place any post of stone, concrete or marble at the corner of any lot or portion of a lot which shall be less than two and one-half feet in length, and the same shall be placed so as not to project above the surface of the ground.
F. After any monument, headstone, cornerstone, marker or other property has been placed on any lot sold in any city cemetery; it is unlawful to remove the same except with written authority from the cemetery superintendent of public works. It shall be a violation of this chapter for anyone willfully to damage any such property or any city property in the cemeteries.
G. Memorial or permanent marker setting shall be scheduled with the city at least three working days prior to the work. The city reserves the right to remove any memorial which was set or engraved without permission of the city and/or does not conform to the standards set forth in these rules and regulations.
H. If a lot is purchased for single/multi cremations of remains, the burial, headstone and marker must be placed at the head of the plot as marked by the city. (Ord. 14-784 § 1, 2014; Ord. 99-571 § 1, 1999)
12.20.120 Copy of regulations to purchaser.
A copy of these rules and regulations shall be given to those persons purchasing a lot, upon receipt of a burial permit, purchase of a burial lot, or upon request to the city clerk’s office. (Ord. 99-571 § 1, 1999)