Chapter 13.20
CEMETERY*
Sections:
13.20.040 Cemetery administered by public works director.
13.20.050 Existing cemetery improvements.
13.20.070 Funerals – Opening and closing graves.
13.20.080 Visitors regulations.
13.20.090 Temporary memorials.
*For statutory provisions on public cemeteries, see Chapter 68.12 RCW.
13.20.010 Definitions.
A. “Cemetery plot” and “cremation plot” refer to those plots set forth in the town cemetery subdivision plat which is on file with the town clerk, the typical size cemetery plot is five feet by 10 feet; however, there are a few nonstandard cemetery plot sizes. The cremation plot is two and one-half feet by two and one-half feet, although there are some nonstandard cremation plot sizes.
B. “Memorial wall” refers to a wall to be constructed by the town on the cemetery site, which will have standard uniform size recesses, which will contain plot spaces for cremation remains and allow for a monument to be placed on the front side of the wall. The space will allow for a cremation memorial plaque to be mounted in front of the space where the remains are located. The memorial wall will also have a space which will allow for a memorial plaque to be mounted permanently on the wall for persons desiring a memorial plaque, but which does not have provisions for containing any cremation remains.
C. “Memorial space” refers to a space on the memorial wall which will be sold to persons desiring to erect a memorial plaque for a deceased person memorial.
D. “Memorial plaque” refers to a plaque of a size, and of materials to be approved by the town which will be permanently installed by the town on the memorial wall space purchased by the owner.
E. “Owner” means the person designated by the records of the town of Eatonville as the owner of the burial plot, cremation plot, or memorial plaque. (Ord. 99-19 § 2, 1999).
13.20.020 Town cemetery.
A. The town has historically owned and operated a cemetery as authorized by state law, and which is currently authorized under Chapter 68.52 RCW. The town hereby reaffirms its decision to continue to own and operate the cemetery as authorized by the above statute.
B. The town clerk shall maintain an accurate record of all persons who have acquired cemetery plots, cremation plots, memorial wall spaces and designate whether memorial wall plaques have been installed in said space. The town in the past has given deeds of various forms for the cemetery plots; however, effective with the date of the ordinance codified in this chapter, the form of the conveyance document for all cemetery plots, cremation plots, memorial plots, or memorial wall plaques shall be in the form as attached to the ordinance codified in this chapter. The price of all cemetery plots, grave liners, cremation burials, memorial spaces and plaques and all charges in connection with the cemetery shall be set by resolution of the town council. The payment must be made in full for all cemetery plots, cremation plots, memorial plaques, prior to the town issuing any deeds, or showing ownership on the town records. Arrangements for payment in full of all charges must be made prior to any burial or interment, or setting any monuments.
C. In the event the owner wishes to transfer the cemetery, cremation plot, or memorial space to family members, then this may be accomplished by the owner, or the owner’s representative, signing a document entitled, “Assignment of Rights/Affidavit of Heirs” form which will be kept on file with the town clerk, and if the assignment is made to a family member, then the town clerk shall transfer title to the person receiving the plot on the town records. (Ord. 99-19 § 3, 1999).
13.20.030 Cemetery funds.
The town has heretofore created a town cemetery fund into which all funds received for sale of lots and for other town cemetery services have been deposited. The town cemetery fund shall remain in full force and effect and all funds hereafter received in connection with the cemetery except funds designated as “cemetery improvement fees” shall be deposited to said fund, to be known as the cemetery fund. In addition there is also created a new fund to be known as the “cemetery improvement fund”. The cemetery improvement fund shall be a perpetual fund, created pursuant to RCW 68.52.050 and 68.52.060, and none of the principal of the cemetery improvement fund shall be used other than for investment and to create an income stream for perpetual care of the cemetery. The monies to be deposited into the cemetery improvement fund shall come from fees designated as cemetery improvement fees, which shall be an additional cost of all cemetery plots, cremation plots, and memorial spaces and plaques, to be set by resolution of the council of the town of Eatonville. Funds for the cemetery improvement fund shall be invested in investments authorized under RCW 68.52.060 and any amendments thereto. Ninety-five percent of the investment income from the cemetery improvement fund shall be used for maintenance of the town cemetery, and five percent of the investment income shall be reinvested as principal in the cemetery improvement fund. In the event the investment from the cemetery improvement fund is not adequate to maintain and improve the cemetery, then the balance of the funds shall come from the cemetery fund, which was originally established for the cemetery. (Ord. 99-19 § 5, 1999).
13.20.040 Cemetery administered by public works director.
The cemetery shall be administered by the public works director. (Ord. 99-19 § 6, 1999).
13.20.050 Existing cemetery improvements.
The town reaffirms its right to determine the level to which those improvements, including monuments, borders, surface treatments, and plantings, installed before adoption of the ordinance codified in this chapter shall be maintained. The town explicitly affirms its right to reset, replace, or remove monuments, borders, surface treatments or plantings that, in the sole judgment of the public works director, adversely impacts the general maintenance of the cemetery. The town is not responsible for maintaining, repairing, or replacing any grave markers or monument structures that have been erected in the cemetery. The employees of the town shall perform all work in the care and improvement of plots and graves. Plots and graves will not be defined by fence, railing, coping, hedge, or any other marking. No grave shall be decorated with any trees, shrubs or plants without the approval of the public works director. Persons wishing to make donations of shrubbery or other articles to the cemetery as memorials may do so, but such shrubbery or articles must be appropriate and will be placed by the town’s employees, and in such position as shall be decided by the town. (Ord. 99-19 § 7, 1999).
13.20.060 Grass seeding.
All graves will be seeded by the town without charge to the lot owners, when the graves shall have thoroughly settled to allow the town to level the surface with the surrounding lawn. (Ord. 99-19 § 8, 1999).
13.20.070 Funerals – Opening and closing graves.
No burials or cremations shall be permitted without a proper death certificate or burial permit as required by the health authorities. The town must receive at least 24 hours’ prior notice of a burial in order that the grave may be properly prepared. (Ord. 99-19 § 9, 1999).
13.20.080 Visitors regulations.
A. Visiting hours are from 8:00 a.m. to 9:00 p.m. daily in summer. Winter hours are 8:00 a.m. to dusk;
B. Town of Eatonville office hours are Monday to Friday, 8:00 a.m. to 5:00 p.m.;
C. Vehicles in the cemetery shall observe a speed limit of 10 miles per hour;
D. Parking shall only be in roadways;
E. Dogs and other pets are not allowed except when kept within an automobile or on a leash; and
F. Animals shall not be permitted to deposit waste on any grave site and any animal waste shall be immediately removed by the owner of the pet. (Ord. 99-19 § 10, 1999).
13.20.090 Temporary memorials.
These regulations are designed to preserve the beauty, neatness, and dignity of the town cemetery. In furtherance of this goal, the following rules have been adopted:
A. Fresh cut flowers may be placed in ground level cemetery vases at the place of interment throughout the year;
B. Placement of artificial flowers (plastic, silk, or wood, flags, wreathes, potted plants, baskets and flower boxes are permitted only between November 1st and March 1st (the nongrowing season). Exceptions are made for Easter, Mother’s Day, Father’s Day, Memorial Day and Veteran’s Day and they will be removed within 10 days following the holiday;
C. Distinctly Christmas-type arrangements shall be removed by January 15th;
D. Digging holes, planting flowers, shrubs or trees on a burial space, or placement of glass jars, tin cans, rocks, wooden items, metal rods, are not permitted at any time;
E. Cemetery personnel will remove arrangements that are wilted, faded or unsightly; and
F. Potted plants and other flower arrangements may contain fertilizing elements as well as materials that may rust (wires, clips, etc.); therefore, they should not be placed on a bronze or granite memorial as discoloration may result for which the town of Eatonville cannot be held responsible. Potted plants should not be larger than can be lifted by one hand. (Ord. 99-19 § 11, 1999).
13.20.100 Violations.
In addition to any civil remedy, which the town has by law, a violation of this chapter shall be punishable in accordance with the general penalty ordinance adopted by the town. (Ord. 99-19 § 12, 1999).