Chapter 13.24
CEMETERY
Sections:
13.24.040 Sale of lots – Records.
13.24.070 Marker/headstone installation rules.
13.24.080 Cemetery headstones permitted.
13.24.110 Floral, holiday and other decorations regulations.
13.24.120 Removal of floral arrangements, holiday or other decorations.
13.24.140 Planting of trees, plants, etc.
13.24.160 Correction of misburials.
13.24.175 City liability/responsibility.
13.24.180 Violations – Penalties.
Prior ordinance history: Ords. 98, 137, 147, 273, 336, 406, 408, 586, 614, 622, 633, 640, 657, 685 and 739.
13.24.020 Definitions.
A. “Block” and “section” shall mean and refer to tracts larger than lots with areas as defined on the official plat of the cemetery.
B. “Burial” shall mean the activities associated with opening a lot for the interment of a deceased person and its subsequent closing.
C. “Interested party” shall mean a friend or member of the family of a person buried or for whom a burial is imminent in the Zillah city cemetery.
D. “Lot owner” shall mean a person to whom a burial lot is sold and to whom is issued the certificate of sale.
E. “Adult lot” shall mean an area of land occupied by an adult grave site or tract approximately nine feet by three feet in size.
F. “Cremation lot” shall mean a cremation grave site or tract approximately three feet by three feet in size.
G. “Infant lot” shall mean an infant grave site or tract approximately three feet by three feet in size.
H. “Floral decorations” shall mean fresh or silk flower arrangements, sprays, casket pieces and potted plants including but not limited to roses, mums, azaleas, dish gardens, etc.
I. “Other decorations” shall include but not be limited to mementos, nonglass figurines, statues or religious symbols, stuffed animals or other similar objects that are not excluded by ZMC 13.24.110(A). (Ord. 1462 § 2, 2018)
13.24.030 Fee schedule.
The fee schedule for the sale of lots and burials in the Zillah city cemetery shall be by separate ordinance. The city council for the city of Zillah, Washington, may modify or revise the fee schedule for the Zillah city cemetery through amendment or repeal of the fee ordinance. (Ord. 1462 § 3, 2018)
13.24.040 Sale of lots – Records.
For the sale of lots in the Zillah city cemetery, the city shall keep and maintain record of all lots sold, to whom sold, whether endowment care or nonendowment care is provided, and shall issue certificates of sale upon payment of the purchase price for said lot. The city shall properly describe the lot by number, in block and section, and shall indicate on the certificate the proper description of the lot sold. (Ord. 1462 § 4, 2018)
13.24.050 Payment for lots.
All lots must be paid for in full at the time of purchase of the lot or interment in the lot, unless a licensed funeral home has guaranteed payment. Payments due and owing that are not made within 30 days of the date of purchase shall bear interest on the unpaid balance at the rate of one and one-half percent per month. (Ord. 1462 § 5, 2018)
13.24.060 Resale of lots.
The owner of any lot may resell the lot back to the city of Zillah, but only at the purchase price that was paid at the time of the original sale of the lot. Lots may be resold to other individuals with the express written approval of the city administrator. It is the specific intent of this section that persons owning lots in the Zillah city cemetery shall not be permitted to speculate or profit on the resale of lots previously purchased in the Zillah city cemetery. (Ord. 1462 § 6, 2018)
13.24.065 Memorial plaques.
This section applies to all memorial plaques to be placed on the brick pillars in the Zillah city cemetery. The placement and installation of memorial plaques shall be subject to the following rules and guidelines:
A. Review and Approval. Memorial plaques are to be designed as a memoriam to loved ones and will be viewed by the general public of all ages and shall be for public placement. No rude or otherwise offensive or obscene text or graphics will be allowed. Text, graphics and design of all memorial plaques must be submitted to the city for review and approval by the mayor or designated review committee. The determination by the mayor or committee shall be final and conclusive with regard to design and content proposed for the plaque.
B. Placement/Location. Memorial plaques will be placed/set on the appropriate brick pillar, as agreed upon by the purchaser and city personnel and subject to the above review and approval process.
C. Plaque Standards. Memorial plaques shall be subject to the following standards:
1. Georgia Grey Granite. All memorial plaques fixed to the brick pillars in the Zillah Cemetery shall be made of Georgia grey granite. Any variation of similar color must be pre-approved by the mayor or a designated review committee.
2. Size and Dimensions. The dimension of each plaque shall be as follows: 16 inches in length, eight inches in height, and seven-eighths inch thick. Any variation of size must be pre-approved by the mayor or a designated review committee.
3. Motifs, Design and Text. All memorial plaques may include standard motifs, service badges, picture motifs, text, or permanent photographs and the design and text must be submitted with the application for review by the mayor or a designated review committee.
4. Number and Placement. No more than two memorial plaques shall be placed on each side of the north and south side of each brick pillar.
5. Placement of Objects and Ornaments. The placement of ornaments, objects, toys, flags, and flowers on the memorial plaques, brick pillars, and fencing are subject to the following rules and restrictions:
a. No boxes, shells, pinwheels, metal toys, wood toys, plastic toys, glass objects of any kind, wood ornaments, or similar objects may be placed on a memorial plaque or brick pillar.
b. No flowers, real or artificial, are permitted on a memorial plaque or brick pillar.
c. No food, beverages, or beverage containers may be placed on a memorial plaque or brick pillar.
The city of Zillah shall have the authority to remove and dispose of any such items or similar items as determined reasonable or necessary by city officials. The city reserves the right to place holiday or other decoration and/or embellishment on the pillars or fencing at the discretion of the mayor.
6. Installation of Plaques. Memorial plaques shall be installed by the Zillah city personnel. The purchaser of the plaque shall be solely responsible for the cost of the plaque and shall remit the purchase price to the manufacturer or supplier. The cost of the setting fee must be paid to the city of Zillah prior to the placement/installation of plaque with the applicable rate set forth in ZMC 13.24.030. Zillah city personnel will install the plaque within 60 days from the date the plaque is received, unless circumstances such as, but not limited to, adverse weather and staffing shortages do not permit.
D. City Liability/Responsibility. The city of Zillah shall not be liable or responsible for any damage, deterioration or destruction of the memorial plaques including but not limited to erosion or damage by weather, the elements, thieves, vandals, trespassers, or ordinary wear and tear. The city of Zillah personnel shall provide reasonable and standard maintenance for the memorial plaques. (Ord. 1103 § 3, 2006)
13.24.070 Marker/headstone installation rules.
Markers/headstones are required for all lots in which burials occur. At the time of interment, a temporary marker will be installed and the cost of a permanent Zillah marker will be assessed and paid by the owner of the lot. The amount of money assessed for a permanent Zillah marker will be credited toward the installation of a commercial headstone if the same is made available for installation within 60 days from the date of interment. After 60 days from the date of interment, if a commercial headstone is not made available to the cemetery sexton, a Zillah permanent grave marker shall be installed and the permanent marker fee paid shall become nonrefundable; provided, however, if an interested party provides proof of having purchased a commercial headstone within 60 days of the date of interment, and the unavailability of the headstone is due to circumstances beyond that party’s control, an additional 30 days will be permitted for making said commercial headstone available before the Zillah permanent marker is installed. Zillah permanent markers shall only indicate the deceased’s name, year of birth, and year of death. All markers/headstones will be set on the appropriate lot by city personnel and will only be installed according to the weather and the availability of Zillah city public works department personnel. (Ord. 1462 § 7, 2018)
13.24.080 Cemetery headstones permitted.
A. Upright cemetery headstones are permitted only in the old section (western portion) of the Zillah city cemetery. In the new section (eastern portion) all markers/headstones must be set at ground level. All markers/headstones must be set in line according to cemetery survey.
B. All headstones other than the Zillah markers shall be made of granite, marble, limestone, or some other stone of comparable hardness approved by the city.
C. All ground level headstones shall be required to have a border as installed by the city so as to keep the headstone intact.
D. The city recognizes that at times and due to varying circumstances, a marker/headstone may sink or become unleveled. Upon written request and at the discretion of city public works director, the unleveled marker/headstone may be placed on a maintenance list and returned to appropriate ground level as scheduled by the city. In most cases, maintenance will not take place during winter months. (Ord. 1462 § 8, 2018)
13.24.090 Benches.
Benches with cement slabs in a proportionate size may be permitted to be placed in the cemetery at specific locations and upon terms and conditions approved by the mayor or city administrator. A bench may be inscribed or a bronze commemorative medallion may be included on the bench as approved and at the discretion of the mayor or city administrator. Requests for placement of such a bench in the Zillah city cemetery shall be in written form and shall include details on the size and composition of the proposed bench, along with a diagram showing the dimensions of the bench or a picture of the proposed bench. Any person receiving approval for the placement of such a bench shall be solely responsible for its cost. Placement of the bench in the Zillah city cemetery will be performed by personnel from the city public works department after setting fees are paid. Benches that deteriorate or become unsafe in the judgment of the mayor or city administrator may be removed. If the cement foundation deteriorates, the city will replace or repair the foundation, if the deterioration is from ordinary wear and tear. (Ord. 1462 § 9, 2018)
13.24.100 Burials.
All burials/interments must be scheduled at least 24 hours in advance of the proposed time for the burial/interment. Arrangements for burials/interments shall be made during normal business hours at Zillah City Hall between the hours of 8:00 a.m. to 5:00 p.m. The time of burial/interment must be scheduled such that funeral processions are inside the cemetery gates by 2:00 p.m. Pacific Standard Time, or 3:00 p.m. Pacific Daylight Time, depending on the month of the year. Burials may be scheduled on Monday through Saturday, except that Monday morning burials will only be permitted if arrangements are scheduled before noon the previous Friday. Saturday burials will only be permitted and scheduled on payment of weekend surcharge fee as per city’s most current cemetery fees ordinance.
All burial lots must be opened and closed exclusively by personnel from the public works department. No more than two burials/interments will be permitted per lot; provided, however, in the cremation and baby sections of the cemetery, only one burial/interment per lot shall be permitted.
For safety reasons, no one will be allowed to access the casket or grave once the graveside service is concluded and the casket is lowered into the casket liner. At the conclusion of the graveside service, the public works employee(s) will wait for individuals to leave the area. Once that occurs, the public works employee(s) will go to the grave site, lower the casket into the casket liner and complete the burial. At no time after conclusion of the graveside service will anyone (other than the public works employee(s)), be allowed to be within 50 feet of the grave until after burial is complete. (Ord. 1462 § 10, 2018)
13.24.110 Floral, holiday and other decorations regulations.
The city is committed to maintaining a clean and attractive appearance at the Zillah city cemetery. That commitment includes adoption of reasonable regulations governing the placement of floral, holiday and other decorations at or near grave sites.
A. No ornamental fencing, boxes, shells, pinwheels, metal toys, wood toys, plastic toys, chairs, settees, glass ornaments/objects of any kind, wood ornaments, lights or lighted objects, noise producing devices or wind chimes or similar objects, may be placed on or near a lot/grave site.
B. No more than two floral arrangements, holiday or other decorations may be placed on each lot/grave site. Said floral arrangements, holiday or other decoration must be placed in a permanent or temporary vase placed next to the marker/headstone, or may be laid on the marker/headstone itself. Said floral arrangements, holiday or other decorations shall not exceed 24 inches in height or diameter and in the case of being placed on a stand may not exceed 24 inches in height from the ground.
C. In addition to floral arrangements, holiday or other decorations, there may be placed on or adjacent to the marker/headstone, no more than two flags (not to exceed 24 inches in height), two balloons, and one stuffed animal or doll with the size not exceeding 12 inches in height, width or diameter, adjacent to the headstone/marker.
D. The following is a summary of permitted placements on or adjacent to a lot/grave site:
1. No more than two floral arrangements, holiday or other decorations which shall not exceed 24 inches in height, width or diameter.
2. No more than two flags (not to exceed 24 inches in height).
3. Two balloons.
4. One stuffed animal or doll (size not exceeding 12-inch height, width or diameter).
If an item is placed on a pedestal or stand, total height shall not exceed 24 inches from the ground.
E. Artificial flowers are only permitted between November 1st and March 1st.
F. No food, beverages, or beverage containers may be placed on a lot/grave site.
G. No alcohol, drugs, tobacco products or paraphernalia may be placed on a lot/grave site.
H. No floral arrangements, holiday or other decorations may be placed upon an unused grave site or lot.
I. Said rules and regulations shall apply throughout the year except that in the case of a recent burial, allowed items may stay on said lot/grave for up to one week after burial. Exceptions will also be made for Memorial Day, Mother’s Day, and Father’s Day. In those cases, allowable items may be placed on lot/grave on Thursday, preceding said holiday through Tuesday following said holiday. On these days, and for one week after a recent burial, there will be no limit to the amount of allowable floral arrangements, holiday or other decorations including, balloons, flags, stuffed animals or dolls.
J. City administrator is authorized to interpret and apply these regulations in the exercise of his or her discretion as applied in a manner consistent with the purpose and intent of the rules. (Ord. 1462 § 11, 2018)
13.24.120 Removal of floral arrangements, holiday or other decorations.
A. The city shall have the authority to remove any and all flowers, holiday decorations, balloons, flags, or any other decoration or object placed on or adjacent to a lot/grave site on Wednesday of each week between March 2nd and October 31st of each year or on Thursday if a celebrated holiday falls on a Wednesday. All floral arrangements, holiday decorations, balloons, flags, or other decorations or objects removed from a grave site shall be disposed of in any manner the city public works director determines to be appropriate. The city shall not be responsible to return any item of property removed from a lot/grave site on any given Wednesday or Thursday.
B. The city shall also have authority to temporarily remove floral arrangements, holiday decorations, balloons, flags or any other decoration or object placed for a funeral service. After completion of the funeral service, the city shall replace said items to the best of its ability considering the nature and composition of such decoration.
C. In addition to Wednesday removal, any item of personal property not approved and/or placed on a lot/grave site in violation of this chapter may be removed at any time and disposed of without notice to any party.
D. In the case of holidays, all allowed holiday themed decorations are allowed to be placed upon lot/grave 30 days prior to the applicable holiday and must be removed 30 days following a holiday or city has the authority to remove said items.
E. Floral decorations including potted or live plants that are left at a lot/grave site shall be picked up by public works on Wednesdays as per subsection (A) of this section. City may dispose of said plants in a city Dumpster. City may elect or choose to retain any such plants for beautification purposes on properties located within city limits. City may also choose to work with Zillah groups or clubs in determining locations and planting of items for beautification purposes. Plants will not be distributed to individuals for personal purposes. (Ord. 1462 § 12, 2018)
13.24.130 Cemetery hours.
The Zillah city cemetery will be open between the hours of 8:00 a.m. and 5:00 p.m. from September 1st through March 31st, and the hours of 8:00 a.m. to 9:00 p.m. from April 1st through August 31st, of each year. Between April 1st through August 31st, the cemetery shall be open for persons walking beginning at 6:00 a.m. However, the gates will not be opened before 8:00 a.m. No person other than members of the Zillah public works department or Zillah police department shall be permitted to be on the cemetery property other than during the hours set forth herein. (Ord. 1462 § 13, 2018)
13.24.140 Planting of trees, plants, etc.
No person shall be permitted to plant a tree, flower, shrub, or other living plant within the Zillah city cemetery unless said planting is approved after written request to the mayor or city administrator. (Ord. 1462 § 14, 2018)
13.24.150 Conduct prohibited.
The following activities shall be prohibited in any area within 50 feet of a grave site:
A. No person shall permit a dog, other than service dogs, to come upon cemetery property.
B. Firearms are not permitted on cemetery grounds except for funeral ceremonies involving the firing of weapons in salute and those in possession of law enforcement personnel.
C. Speeding in excess of 10 miles per hour within the cemetery grounds is prohibited.
D. Loud or boisterous conduct is prohibited.
E. A person over the age of 18 years may not allow children to play or move about the cemetery unattended, after having brought said children into the cemetery. (This prohibition is not applicable to the unused cemetery property where sports activities are permitted.)
F. No activities involving preparation or provision of food or beverages, including but not limited to barbecues, meals, buffets or similar activities. (This prohibition is not applicable to the unused cemetery property where sports or other activities are permitted.)
G. No weed spraying, hoeing or weed-eating is allowed by unauthorized personnel. (Ord. 1462 § 15, 2018)
13.24.160 Correction of misburials.
The city reserves and shall have the right to correct any mistakes or errors that may be made by city employees in making interments, disinterments, or removals, or in the description, transfer or conveyance of any lot/grave site, either by canceling such conveyance, and substituting a lot/burial site in lieu thereof, equal value and similar location, or in the sole discretion of the city of Zillah by refunding the amount of money paid for the purchase of said lot or grave site. In the event the error involves the interment of the remains of a person upon the wrong lot/grave site, the city reserves and has the right to remove and reenter the remains of the person interred to such other lot/grave site as selected, which has an equal value and similar location as determined at the discretion of the mayor or city administrator. (Ord. 1462 § 16, 2018)
13.24.170 Endowment care.
All endowment charges/fees will be assessed at the time of purchase of the lot. Said endowment charges will be held and maintained in trust pursuant to ordinance and Washington State law. No less than 10 percent of the sale price for each lot sold will be held in trust for endowment purposes as provided by Washington State law. In consideration and for endowment, the city assumes the responsibility for the following:
A. To irrigate the lots/grave sites, and to keep the area green and neatly mown.
B. To trim and prune the flowers and shrubbery permitted to grow on the cemetery grounds.
C. To fill and keep the general level of such lots/grave sites.
The city shall not be obligated from the revenue from endowment care to provide burials, place headstones or monuments, or replace flowers and shrubbery which die because of age or disease. The city administrator shall maintain books and records regarding the endowment monies and the trust fund in which said endowment funds are maintained. (Ord. 1462 § 17, 2018)
13.24.175 City liability/responsibility.
The city of Zillah shall not be liable or responsible for any damage, deterioration, or destruction of cemetery headstones, markers, benches, memorial plaques, ornaments, objects, toys, flags and/or floral arrangements arising from or related to erosion or damage by weather, the elements, thieves, vandals, trespassers, ordinary wear and tear, or standard maintenance performed by employees and officials of the city of Zillah, Washington. City personnel shall exercise reasonable care in the maintenance and repair of cemetery and municipality shall be liable only for the gross negligence and/or intentional acts of its employees, contractors, and representatives. (Ord. 1312 § 1, 2012)
13.24.180 Violations – Penalties.
A. Any violation of this chapter shall constitute a civil infraction. Any person violating the provisions of this chapter may be issued an infraction citation. The Zillah municipal court shall have jurisdiction to enforce and to have hearings regarding said infraction citation. The burden of proof regarding these infractions shall be by a preponderance of the evidence. Any person determined by the municipal court to have committed an infraction/violation of this chapter may be assessed a civil penalty as follows:
1. First offense: $100.00;
2. Second offense: $200.00;
3. Third offense: $500.00.
B. Any person found to have committed more than three infractions within a two-year period of time shall be considered a nuisance, and at the option of the city of Zillah, a civil action may be brought against any such person for the purpose of seeking a restraining order/injunction, preventing the violator from entering upon the cemetery property. (Ord. 1462 § 18, 2018)