Chapter 2.48CITY CEMETERIES

Sections:

2.48.010
Cemetery names.
2.48.020
Cemetery management.
2.48.030
Cemetery plat and records.
2.48.040
Cemetery sexton.
2.48.050
General regulations.
2.48.060
Shrubs prohibited in designated areas.
2.48.070
Monument compliance.
2.48.080
Prohibited items.
2.48.090
Heavy vehicles prohibited on grounds.
2.48.100
Responsibility for damage.
2.48.110
Animals prohibited.
2.48.120
Lot care by owners.
2.48.130
Disturbing the peace.
2.48.140
Vehicle regulations.
2.48.150
Signs prohibited.
2.48.160
Endowed care.
2.48.170
Malicious mischief.
2.48.180
Interments.
2.48.190
Use of lots.
2.48.200
Purchase of lots.
2.48.210
Burial permit required.
2.48.220
Permission from city clerk or sexton.
2.48.230
Records.
2.48.240
Proof of ownership.
2.48.250
Transfer of lots.
2.48.260
Direction of burials and funerals.
2.48.270
Lot sizes.
2.48.280
Depth of graves.
2.48.290
Disinterments.
2.48.300
Plantings.
2.48.310
Grade of lots.
2.48.320
Marker permit.
2.48.330
Memorial placement.
2.48.340
Removal of headstone or other structures.
2.48.350
Appearance regulations.
2.48.360
Flat markers required.
2.48.370
Upright headstones.
2.48.380
Corner markers.
2.48.390
Markers in garden sections.
2.48.400
Lot care.
2.48.410
Construction material cleanup.
2.48.420
Flat markers – Size and materials.
2.48.430
Graves space size.
2.48.440
Grave liners required.
2.48.450
Flower holders.
2.48.460
Temporary marker replacement.
2.48.470
Development of cemeteries.
2.48.480
Cemetery charges.
2.48.550
Deeds or certificates of ownership.
2.48.560
Liability of the city.
2.48.570
Penalty for violation.
Appendix “A.”

1Editor’s note: Ord. No. 1409, § 1(Exh. A), adopted May 27, 2014, amended Ch. 2.48 in its entirety to read as herein set out. Former Ch. 2.48 pertained to similar subject matter and derived from Ord. 558, §§ 1 – 15, 1960.

2.48.010Cemetery names.

Laurel Hill Cemetery shall hereafter also be known as Laurel Hill Memorial Park. That portion of Laurel Hill Cemetery called “The Odd Fellows Cemetery,” shall hereafter be also known as the Garden of Devotion. Any new cemetery areas hereafter developed shall be known as garden sections and designated by appropriate name at time of platting or development.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.020Cemetery management.

A. It shall be the duty of the Public Works Director to act as the cemetery superintendent and assist and advise the council and officials of the city in the management and operation of the above mentioned cemetery and any other cemetery or cemeteries that have been or may be acquired or created by the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.030Cemetery plat and records.

There shall be kept in the office of the city clerk and also in the office of the cemetery sexton an accurate and permanent record of the ownership of lots in the cemetery and the status of such lots, showing all transfers of lots, the names and addresses of the owners, the lots in which interments have been made and the names of the persons interred, and such other information as may be deemed advisable. The city clerk and the cemetery sexton shall each keep in their records a plat or plats, accurate and up to date, of all city cemeteries. This duplication of cemetery records is necessary to insure at all times the preservation of accurate cemetery information.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.040Cemetery sexton.

A. The direction of funerals, while within the cemetery, and the care and maintenance of the cemetery shall be under the supervision of the cemetery sexton, and the cemetery sexton, together with the police force of the city and such other persons as may be designated by the city, shall maintain order, and enforce the cemetery rules and regulations and the laws of the state and the ordinances of the city within the cemetery and within such radius as may be necessary to protect the cemetery property.

B. The sexton, superintendent or other person in charge of the cemetery, and such other persons as may be designated by the city authorities, are by the law of the state and this chapter given the authority of a police officer for the purpose of maintaining order, enforcing the cemetery rules and regulations, and enforcing the laws of the state and the ordinances of the city within the city cemeteries and within such radius thereof as may be necessary to protect the cemetery property.

C. The cemetery sexton shall be appointed by the mayor with the approval of the city council. The compensation to be paid for such services shall be determined by the city council.

D. The city clerk and the cemetery sexton shall promptly notify each other of all matters brought to their attention which alter or affect the permanent records to be maintained by them.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.050General regulations.

The rules and regulations set out in this chapter and subsequent ordinances and as determined by motion or resolution of the city council shall govern Laurel Hill Memorial Park and all other 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.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.060Shrubs prohibited in designated areas.

No tree, shrub or plant shall be planted, placed or kept on any lot or in any other part of the cemeteries except in areas designated by the city for planting or keeping thereof, and any tree, shrub or plant planted or kept or maintained in violation of this section shall be summarily removed by the sexton with such other city help as is necessary, and the cost of removal shall be paid by the offending person or persons.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.070Monument compliance.

No monument, structure, effigy, inscription, sign, placard or thing shall be placed, kept or maintained upon any lot or any other cemetery area except as specifically authorized by the ordinances, rules and regulations of the city, and if anything is placed or kept or maintained in violation thereof the sexton shall, with such other city help as is necessary, summarily remove the same, and the cost of removal shall be paid by the offending person or persons.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.080Prohibited items.

A. Hereafter the installation or use of any of the following items on or around any grave, lot or plot in any part or section of the city cemeteries is prohibited:

1. Cement or stone or marble chips, or any other covering except grass lawn;

2. Curbing, coping or fencing of any kind;

3. Anything projecting above the surface of the ground or lawn, except as allowed in Section 2.48.360.

B. Any such items already installed or maintained in the city cemeteries may be retained, subject to the provisions of Section 2.48.340, wherein the city reserves the right to exclude or remove the same.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.090Heavy vehicles prohibited on grounds.

Heavily loaded vehicles and other heavy or sharp objects or things which will mark, damage or tear up the grounds shall not be allowed within the cemetery areas without written permission of sexton.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.100Responsibility for damage.

Every person entering any city cemetery area shall be responsible for all damage done by him or by any vehicle, person, animal or thing in his charge.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.110Animals prohibited.

No animal shall be taken into or allowed to enter any cemetery area.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.120Lot care by owners.

All lot owners who have not paid for lot care shall be required to care for their individual lots and to maintain them in a neat and attractive manner in accordance with the cemetery rules and regulations. No openings shall be made in any lots or grave spaces which are not cared for or maintained as required in this section.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.130Disturbing the peace.

Any person disturbing the quiet or good order of the cemetery by noises or disorderly or improper conduct, or who violates any of the rules or regulations pertaining to the cemeteries, will be ejected from the cemeteries, and the sexton or other person in charge of the cemetery is vested with full police power to arrest any offender.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.140Vehicle regulations.

No vehicle shall be driven in any part of the cemeteries except on the driveways laid out for that purpose or on unimproved property; be driven in the cemeteries at a speed exceeding fifteen miles per hour; or be driven or parked in the cemeteries between the hours of nine p.m. and eight a.m. of each night, except law enforcement vehicles or city maintenance vehicles.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.150Signs prohibited.

Signs and advertisements of every description are strictly prohibited in the cemeteries, except as necessary for cemetery regulation by the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.160Endowed care.

No graves, niches, crypts, will be sold in any city cemetery without endowed care. “Endowed care” includes the upkeep of driveways and walks and other improvements belonging to the cemetery, mowing the grass at reasonable intervals, pruning shrubs and trees and such work as shall be necessary to generally maintain the cemetery.

1. Any interest earned in the endowed fund may be spent at the discretion of the cemetery superintendent and/or sexton for the purposes enumerated above.

2. Principal of the endowed care fund may be spent at the discretion of the cemetery superintendent and/or sexton for the purposes enumerated above upon the approval of the city council by resolution.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.170Malicious mischief.

A. The following acts are prohibited, and every person is guilty of malicious mischief who unlawfully or without right wilfully does any of the following:

1. Destroys, cuts, mutilates, effaces, or other-wise injures, tears down or removes, any tomb, plot, monument, memorial, or marker in the city cemeteries, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of the cemeteries or any property therein;

2. Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant within the cemeteries;

3. Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment.

B. The foregoing provisions relating to malicious mischief do not apply to the removal or unavoidable breakage or injury, by the city or its agents or employees, of anything placed in or upon any portion of the city cemeteries in violation of any of the rules or regulations of the city, nor to the removal of anything placed in the cemeteries by or with the consent of the city which has become in a wrecked, unsightly or dilapidated condition.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.180Interments.

No interment shall be allowed or made in any lot for which the city has not been paid the full purchase price prior to interment. In the event of death of any member of his immediate family, a person purchasing lots on a time-payment plan shall have the right to use a lot included in such purchase at any time hereafter for interment purposes, provided the prorated purchase price of the portion of the burial space to be used first has been paid to the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.190Use of lots.

Lots are sold for the purpose of burial of the human dead only.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.200Purchase of lots.

Lots may be purchased at the office of the city sexton or of the city clerk or from such professional developer as may be authorized by the city to make such sales.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.210Burial permit required.

No burial will be permitted in the cemeteries without a proper burial permit as required by the laws of the state.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.220Permission from city clerk or sexton.

No burial will be permitted in the cemeteries without written permit from the city clerk or cemetery sexton. At the time permission is requested, the name, age, place and date of birth, place and date of death, color, sex and last address of the person to be interred shall be given to the city clerk or cemetery sexton.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.230Records.

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 the interment.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.240Proof of ownership.

On the death of any owner of a lot, or lots, in the cemeteries, the heirs, assignees or devisees of the decedent must furnish to the city satisfactory proof of ownership of any such lot or lots before further interments can be made.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.250Transfer of lots.

No transfer of any lot or any interest therein will be valid without the consent of the city being first had and endorsed upon such transfer, and a record thereof entered on the books of the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.260Direction of burials and funerals.

Within the cemetery areas all funerals will be subject to the control and direction of the sexton. All interments must be made under the direction of the sexton, who will have the entire control of the digging of graves, and all other matters relating to burials.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.270Lot sizes.

No grave shall be dug less than six inches from the boundary line of the lot, and graves on lots shall be so arranged as not to present a crowded or irregular appearance. Mounds over new graves must be kept low, not over five inches in height.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.280Depth of graves.

All graves in the city cemeteries must be dug deep enough so that there will be room for a cover of at least three feet of earth between the top of the graveliner and the ground level.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.290Disinterments.

No disinterment will be allowed without a written permit from the registrar of the district in which the city cemeteries are located, and without the written permission of the city and of the lot owner or his heirs or assignees and of the nearest kin to the deceased, and all such disinterments shall be under the direction and supervision of the cemetery sexton, 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. 1409 § 1(Exh. A), 2014)

2.48.300Plantings.

In order to secure the best general appearance, the city requires that all planting and keeping of shrubs and plants in the cemeteries shall be done only in accordance with the established plan under the direction of the cemetery sexton, with his approval and in such places only as he may designate pursuant to such plan.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.310Grade of lots.

No lot shall be raised above the contour of the surrounding grade of the cemetery grounds, as established. To insure the proper development of the grounds, the grade of lots will be determined by the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.320Marker permit.

No monument company nor any other person or entity, including but not restricted to relatives of persons buried in the city cemeteries, shall place any grave marker or monument on any grave or any other point in the city cemeteries without first obtaining a permit from the sexton permitting the placement of such grave marker or monument and without having first paid a marker placement fee of twenty-five dollars. The placement fee shall be required prior to placement of the marker.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.330Memorial placement.

If anyone wishes to place a bench, fountain, tree, shrub, plant, or other suitable memorial in the cemetery, that may be done only with the permission of the city, and the city shall decide where the same is to be located.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.340Removal of headstone or other structures.

The city reserves the right to exclude or remove from any lot or other cemetery area any headstone, monument or other structure, tree, plant, or any object whatever which may conflict with the regulations of the cemeteries, or which the city may consider injurious to the general appearance of the grounds.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.350Appearance regulations.

The city reserves the right to lay out, alter or vacate avenues or walks, to establish the grades of avenues, walks and lots, and to change these rules and regulations in such manner as may be deemed requisite and proper by the city to secure and promote the general objectives and best interests and appearance of the cemeteries, and no notice of such intended actions shall be required.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.360Flat markers required.

All monuments or markers hereafter placed upon any grave in the cemeteries shall be what are commonly known as flat markers, and shall be set flush with the contour of the ground; with the exception that upright stones may be used in areas so designated by the city for this type of stone.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.370Upright headstones.

In those limited parts of cemetery sections where upright headstones have already been permitted and installed prior to the passage of the ordinance codified in this chapter, other upright headstones will be permitted. All upright stones shall be located at the head of each grave space or plot and such installation shall be at the expense of the lot owner. A six-inch border, three inches in thickness, composed of concrete, shall be poured at the base of each stone, and the top of this border shall be flush with the cemetery grade level as established by the city. A fee of ten dollars shall be paid the city for permission to install each upright headstone, before such installation will be allowed.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.380Corner markers.

All corner markers shall be placed by the city at the expense of the lot owner, and only if corner markers are desired by the lot owner. Corner markers designating the corners of lots or plots shall be no smaller than four inches by four inches, and no larger than six inches by six inches, and shall have a one-inch concrete border surrounding them with a thickness of not less than three inches. These markers must be flat and placed to the established ground grade level.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.390Markers in garden sections.

All grave markers within garden sections of the cemeteries shall be flat and flush with the ground, surrounded by a two-inch border of concrete three inches in thickness, and shall be installed by the city at the expense of the lot owner.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.400Lot care.

All grave spaces will be sold only with endowment care included.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.410Construction material cleanup.

No materials used in or resulting from grave or lot work or improvement thereof shall be allowed to remain in the cemetery longer than shall be strictly necessary, and all refuse and unused materials must be removed immediately upon completion of the work or improvement, and in no case longer than shall be strictly necessary. In case of neglect, such items will be removed by the city at the expense of the lot owner.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.420Flat markers – Size and materials.

Flat grave markers shall not be less than twelve inches by twenty-four inches in size, nor more than fourteen inches by thirty-six inches in size, and shall be installed upon individual grave space. When double markers for marking two grave spaces are desired, a minimum size of twelve inches by thirty-six inches and a maximum size of fourteen inches by seventy-two inches will be allowed. All flat markers must be of bronze alloy, aluminum alloy, granite or marble. Markers made of entire concrete composition will not be allowed. All flat markers shall have a concrete border as above described.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.430Graves space size.

Grave spaces for adult burial shall be not less than three and one-half feet in width and nine feet in length. Grave spaces for infants shall be not less than three and one-half feet in width and five feet in length. Infant burials requiring a grave space exceeding three and one-half feet by five feet shall be considered adult burials, and adult interment space shall be used.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.440Grave liners required.

Concrete grave liners or vaults are mandatory for all adult burials and the charge for such is established in appendix “A”.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.450Flower holders.

All containers used for the holding of flowers shall be of reversible nature so that when empty they may be recessed to ground level. All containers recessed in the ground without vase shall be required to have a steel lid attached by chain to cover the recess. The sexton shall be notified of such installation prior thereto. The city reserves the right to remove any such installation that does not conform to the city’s rules and regulations governing the same.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.460Temporary marker replacement.

All temporary markers shall be removed from grave spaces within thirty days after interment has been made. Grave spaces thereafter shall be marked only by permanent type markers as described in this chapter.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.470Development of cemeteries.

It is the city plan to develop the cemeteries in a continuous care manner, seeded to lawn, and presenting an attractive appearance. To facilitate this plan it is necessary that the regulations set out in this chapter be strictly enforced.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.480Cemetery charges.

The fees charged for graves and services are established by the city council by resolution. To the grave or service sale price shall be added a percentage as approved by the city council, and such amount shall be deposited in the cemetery endowed care fund. The schedule of charges enumerated in appendix “A” shall be effective hereafter for all cemeteries of the city.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.550Deeds or certificates of ownership.

Upon payment in full of all charges for lots, including lot care if this has been contracted for, the city shall give to the purchaser a deed or certificate of ownership to the burial lot or plot in question, subject to all existing and future cemetery rules and regulations. If the purchaser has purchased lot care, the city shall in the deed or certificate of ownership agree to furnish lot care to the lot or lots described in the deed or certificate, subject to the limitations set out in Section 2.48.560. The deeds or certificates shall state that no sale or transfer thereof or of the property therein described shall be valid or binding until approved by the city and recorded in the city cemetery records.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.560Liability of the city.

The city shall in nowise be liable for any of the funds except a misappropriation thereof, and shall not have power to bind the city or the fund for any further liability than whatever net interest may be actually realized from such investments, and shall not be liable to any particular person for more than the proportionate part of such net earnings. This limitation on liabilities shall be set out in all deeds or certificates of ownership issued for cemetery lots.

(Ord. 1409 § 1(Exh. A), 2014)

2.48.570Penalty for violation.

Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not more than three hundred dollars, or imprisonment for not more than ninety days, or both such fine and imprisonment.

(Ord. 1409 § 1(Exh. A), 2014)

Appendix “A.”

1. Fees and Charges for residents within the corporate boundaries of Cle Elum.

Cemetery Rates

Endowment

Total

a. Adult Grave Spaces

$763.20

$76.32

$839.52

b. Infant and child grave space

$381.60

$38.16

$419.76

c. Liner:

$340.16

$34.02

$374.18

d. Cremains space

$254.40

$25.44

$279.84

e. Open/Close1

$699.60

$69.96

$769.56

f. Open/Close Cremains

$318.00

$31.80

$349.80

2. Fees and Charges for non-city residents but for those residing within the boundaries of the Cle Elum Roslyn School District.

Cemetery Rates

Endowment

Total

a. Adult Grave Spaces

$954.00

$95.40

$1,049.40

b. Infant and child grave space

$477.00

$47.70

$524.70

c. Liner:

$340.16

$34.02

$374.18

d. Cremains space

$381.60

$38.16

$419.76

e. Open/Close1

$763.20

$76.32

$839.52

f. Open/Close Cremains

$318.00

$31.80

$349.80

3. Fees and Charges for city non-residents and those residing outside the boundaries of the Cle Elum Roslyn School District.

Cemetery Rates

Endowment

Total

a. Adult Grave Spaces

$1,272.00

$127.20

$1,399.20

b. Infant and child grave space

$636.00

$63.60

$699.60

c. Liner:

$340.16

$34.02

$374.18

d. Cremains space

$508.80

$50.88

$559.68

e. Open/Close1

$826.80

$82.68

$909.48

f. Open/Close Cremains

$318.00

$31.80

$349.80

1Residency: Those persons who reside in the city prior to taking residence in a nursing home, convalescent center, or hospital for a period of twenty-four months are considered residents for purposes of fee assessment.