Chapter 8.04
CEMETERY

Sections:

8.04.010    Purpose – Amendments.

8.04.020    Waiver of rules.

8.04.030    Lots – Plat and survey.

8.04.040    Lots – Grade.

8.04.050    Lots – Tax-exempt – Sale for debt.

8.04.060    Lots – Conveyance.

8.04.070    Lots – Transfer.

8.04.080    Lots – Common ownership.

8.04.090    Endowment care.

8.04.100    Records of ownership.

8.04.110    Right to interment.

8.04.120    Reconveyance of lots.

8.04.130    Funerals – Opening and closing graves.

8.04.140    Sodding of graves.

8.04.150    Interments – Notice.

8.04.160    Interments – Limitations.

8.04.170    Interment – Death certificate required.

8.04.180    Interment – Agreement.

8.04.190    Interment – Friends.

8.04.200    Interment – Position of grave.

8.04.210    Interment – Lots not paid for.

8.04.220    Lot transfer after interment.

8.04.230    Disinterment or removal.

8.04.240    Care and improvements.

8.04.250    Decoration.

8.04.260    Pruning.

8.04.270    Monuments and memorials.

8.04.280    Saturday and Sunday interments.

8.04.285    Plots and markers – Urn Garden, Block 219.

8.04.286    Repealed.

8.04.290    Price of graves – Service charges.

8.04.292    Price adjustments.

8.04.294    Earth burial of ashes.

8.04.296    Additional charges when services not prepaid.

8.04.300    Billing.

8.04.310    Visitors.

8.04.010 Purpose – Amendments.

A. The rules and regulations contained in this chapter are made only for the benefit of the lot owners and are 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 of what would seem to be their proper rights would interfere with the rights and enjoyment of others, as well as destroy the general scheme of beauty of the property. No rule has been adopted except as was found obligatory to preserve the rights of all for whom the city considers itself the trustee.

B. This chapter may be changed or amended without notice 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 interests of the lot owners as a whole or when new conditions require the adoption of other or further regulations.

C. Copies may be had upon application to the city clerk. (Ord. 378 § 2, 1928. Prior code § 10.02.020)

8.04.020 Waiver of rules.

The city council shall have the right to make exceptions from this chapter when deemed advisable for the best interests of the property; such exceptions shall not be considered as rescinding or waiving any of these rules. Any waiver that may be made by the city council shall not be or be considered to be a continuing waiver and shall not bar the city or city council from enforcing the usual rules and regulations at any later time it may be desired so to do. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.300)

8.04.030 Lots – Plat and survey.

All lots are surveyed and platted and the plat or plats duly recorded in the auditor’s office of Pierce County, Washington. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.040)

8.04.040 Lots – Grade.

The grade of all lots is established when the ground is surveyed and no change by the lot owner will be allowed. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.050)

8.04.050 Lots – Tax-exempt – Sale for debt.

All lots in the Sumner cemetery will be sold with endowment care without additional charge and are conveyed by deed for burial purposes only. They are exempt from taxation and cannot be sold for debt or mortgage. (Ord. 948 § 2, 1972: Ord. 378 § 4 (part), 1928. Prior code § 10.02.060)

8.04.060 Lots – Conveyance.

All lots in the Sumner cemetery are conveyed to the purchaser by warranty deed when paid for, but the rights of the purchaser therein are subject to such rules and regulations as are to be made from time to time by the city council. (Ord. 378 § 1, 1928. Prior code § 10.02.010)

8.04.070 Lots – Transfer.

The possession of a deed is not sufficient evidence of the transfer of a lot from the original purchaser, and no sale, transfer or conveyance of any lot or interest therein shall be valid without the consent in writing of the city council endorsed upon such transfer or conveyance. The record of deed kept by the city of Sumner is the only evidence of title recognized by the city which is to govern and control all interments therein. All lot transfers must be executed by deed pursuant to the conditions of and on forms obtainable at the office of the clerk-treasurer. The charge for such a transfer and its recording on the records will be $2.00; provided that the city will not consent to any transfer nor recognize for purposes of interment of any lots or graves upon which there has not been paid the price fixed by this chapter. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.070)

8.04.080 Lots – Common ownership.

A. A lot may be held in common ownership, but in such cases only one monument will be permitted on the entire lot.

B. Purchasing a lot jointly is not advised for the reason that when there are common owners, either by purchase, devise or descent, the city will not undertake to record or enforce any agreement as to parts or portions of the lot to be used by each, but will accept orders for interments therein, regard being had only for the capacity of such lots and the rules and regulations governing lots. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.080)

8.04.090 Endowment care.

A. No lots or graves will be sold in the Sumner cemetery without endowment care. “Endowment 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.

B. The city does not bind itself to maintain, repair or replace any grave markers or monumental structures erected upon the lot. If, however, it is desired, additional deposits may be made to continue the care of roses, floral decorations at Christmas, Memorial Day, Easter or any other dates designated by the lot owners for maintenance and renewal of gravestones or lot tablets. (Ord. 378 § 3, 1928. Prior code § 10.02.030)

8.04.100 Records of ownership.

In case of the death of a lot owner the city will recognize the rights of the surviving wife or husband and next of kin, insofar as it is able to ascertain who such parties are from proofs to be furnished by such surviving spouse or the heirs of the deceased, but it shall not be responsible for errors committed unless they are at once notified of the death of the owner and furnished with legal proof showing who is surviving spouse or the next of kin. It is therefore very important that the heirs or devisees file with the city legal proof of ownership for recording upon its books. The fee for recording and preserving such records by the city of Sumner shall be $2.00. (Ord. 378 § 5, 1928. Prior code § 10.02.090)

8.04.110 Right to interment.

The question of whose remains shall have the right to the interment in a lot after the death of the lot owner is disclosed as follows:

A. That the surviving wife or husband shall have the first right to interment;

B. The original purchaser may at the time designate whom he wishes to have buried in the lot, which must be recorded on the books of the city; for which the regular fee of $2.00 is charged. This notice must be in writing only, signed and acknowledged before a notary;

C. In case the original purchaser does not make such designation during his lifetime, the heirs of such purchaser may by an agreement in writing, duly signed by all of them, determine who among them shall have the right of burial in the lot;

D. In the event the original purchaser or his heirs have not have arranged for future burials, the direct lineal descendants of such purchaser shall, in the order of their deaths, be entitled to interment therein until the lot shall be filled;

E. In such case, if there are no lineal descendants, then the nearest of kin to the purchaser shall have right to interment in the lot in the order of their deaths, until the lot shall be fully occupied. (Ord. 378 § 6, 1928. Prior code § 10.02.100)

8.04.120 Reconveyance of lots.

A. When a lot owner dies, his lot becomes the property of his children or other heirs at law, unless otherwise devised by will. Should a mercenary or indifferent spirit overtake the late owners, and they unite in requesting that the remains of the original owner and his wife or others interred in that lot be removed and buried elsewhere that they may sell the lot and profit by the transaction, there is little to prevent their doing so.

B. But if the lot has been reconveyed in trust to the city, and in that reconveyance it is distinctly stated who are to be buried in the lot, and that nobody now interred in the lot or which may hereafter be buried in it shall ever be removed from it or disturbed, this lot becomes a sacred trust in the hands of the city and the wishes and intentions of the original lot owner will be carried out. A trust deed will be prepared in duplicate and recorded by the city for the sum of $10.00. (Ord. 378 § 7, 1928. Prior code § 10.02.110)

8.04.130 Funerals – Opening and closing graves.

Funerals while within the grounds shall be under the control of the superintendent or one of his assistants. (Ord. 771, 1964: Ord. 378 § 8, 1928. Prior code § 10.02.120)

8.04.140 Sodding of graves.

All graves will be sodded or seeded by the city without charge to the lot owners, when the graves shall have thoroughly settled and been made level with the surface of the surrounding lawn. (Ord. 378 § 9, 1928. Prior code § 10.02.130)

8.04.150 Interments – Notice.

Whenever interments are to be made, previous notice of at least eight hours of daylight must be given in order that the grave may be properly prepared. (Ord. 378 § 10, 1928. Prior code § 10.02.140)

8.04.160 Interments – Limitations.

The interment of two bodies in one grave (that is, one above the other) will not be allowed, except in certain sections designated by the superintendent. No interment of anything other than a human body will be permitted. (Ord. 378 § 11, 1928. Prior code § 10.02.150)

8.04.170 Interment – Death certificate required.

No interment will be permitted without the proper death certificate or burial permit as required by the health authorities. (Ord. 378 § 12, 1928. Prior code § 10.02.160)

8.04.180 Interment – Agreement.

When a lot is held jointly a permit for interment will be granted to either owner or his heirs. An agreement may be made between common owners as to the parts of the lots to be used by each, but the city will not undertake to enforce such agreement. (Ord. 378 § 13, 1928. Prior code § 10.02.170)

8.04.190 Interment – Friends.

A. A lot is intended as a family burial place of the purchaser, and therefore, while he may permit the interment in his lot of one, not a member of his family, an heir cannot, except by the unanimous consent of all the owners, but in no case shall any remuneration or consideration be accepted therefor.

B. Lot owners who desire to give the privilege for future interment to relatives or friends without consideration, must file such instructions with the city in writing, duly signed and acknowledged before a notary. The fee for recording names on the books of the city is $1.00 for each proposed interment.

C. If the interment is to be made at once, the owner must file such instructions with the city clerk in writing duly signed, for which no charges are made. (Ord. 378 § 14, 1928. Prior code § 10.02.180)

8.04.200 Interment – Position of grave.

A. When an interment is to be made the person requesting it must show or designate the exact position of the grave, and give the order in person or in writing.

B. When an undertaker having charge of the burial specifies the position of a grave, no change of location after interment will be made except at the expense of the lot owner, as the city cannot be held responsible for any mistake occurring from the want of precise and proper instructions as to the location of any grave. (Ord. 378 § 15 (part), 1928. Prior code § 10.02.190)

8.04.210 Interment – Lots not paid for.

Interments will not be made in lots which have not been paid for except by special permission of the city council and in all such cases the city of Sumner shall have the right at time on default of payment by the purchaser, to remove the remains to a single grave or to a smaller lot bearing a price not exceeding, including expense of removal, the amount paid upon the original lot. (Ord. 378 § 15 (part), 1928. Prior code § 10.02.200)

8.04.220 Lot transfer after interment.

While there is an interment upon any lot, the city cannot consent to the transfer of conveyance of said lot in whole or in part by other than the original owner, nor will the city recognize the right of any party claiming burial in any lot so transferred or conveyed unless the permission of the said owner or his legal representatives is entered on the records of the city. (Ord. 378 § 17, 1928. Prior code § 10.02.210)

8.04.230 Disinterment or removal.

A. No disinterment or removal of a body will be allowed without the consent in writing of the surviving husband or wife or next of kin of the person whose body is to be disinterred or removed; also furnish written permit or order for the same from the owner of the lot, or his lawful representative and secure the approval of the city.

B. Remains removed from the cemetery must be accompanied by the proper papers as prescribed by law. (Ord. 378 § 18, 1928. Prior code § 10.02.220)

8.04.240 Care and improvements.

All work in the care and improvement of lots shall be done by employees of the cemetery. No lot or grave shall be defined by fence, railing, coping, hedge, or by any other marking which shall extend above the ground. Boxes, shells, artificial flowers, wire screens, arbors, trellises, tripods, chairs, benches and objects of similar description will not be permitted on any grave or lot. (Ord. 378 § 19, 1928. Prior code § 10.02.230)

8.04.250 Decoration.

No lot or grave shall be decorated by the owner or other interested therein with any trees, shrubs or plants of permanent nature without the consent of the superintendent. This does not, however, exclude the placing of cut flowers upon the graves, which must be placed in receptacles sunk level with the ground. Such receptacles do not obstruct the work or up-keep or appear unsightly when non-filled as do glass jars, vases, bottles, cans and similar holders. A suitable vase for each grave will be furnished and set at a nominal charge upon application to the superintendent. Floral or other decorations will be removed from lots as soon as they become wilted or unsightly and persons wishing to retain any of the decorations must remove them within 48 hours after interment. (Ord. 378 § 20, 1928. Prior code § 10.02.240)

8.04.260 Pruning.

A. No person shall trim or prune or remove any part of any tree or shrub in the cemetery, whether on his lot or not. On request, the superintendent will do any pruning needed without charge.

B. If any tree or shrub, situated on any lot shall by means of its roots, branches, or otherwise become detrimental, dangerous, or objectionable to the adjacent lots, walks or avenues, the city shall have the right and it shall be their duty to enter upon the lot and remove the tree or shrub, or any trees or parts thereof as they may see fit. (Ord. 378 § 21, 1928. Prior code § 10.02.250)

8.04.270 Monuments and memorials.

A. Each grave may contain one memorial and one official flower vase for each occupant. The memorial shall be of the type and size approved for the specific section of the cemetery. Raised headstones shall not exceed 30 inches in height, and all footstones shall be flush with the turf. Plot owners shall keep all monumental work placed upon their plots in good repair.

B. The cemetery superintendent shall contract to install memorials and foundations in accordance with established specifications, standards and requirements. Private persons may install memorials and foundations, provided they comply with cemetery specifications, standards and requirements. Memorial borders and foundations shall be the same size as those installed by the cemetery. The grave location shall be determined by the cemetery staff, the dirt and sod shall be hauled away from the cemetery grounds, and the finished installation shall be approved in writing by a qualified member of the cemetery staff.

C. The setting fee for memorials and foundations installed by private persons shall be reduced in the appropriate category by $10.00. Private person installers must show evidence of coverage of public liability insurance in which the city is a named insured and file a performance bond with the city in the sum of $1,000 for a period of one year to ensure compliance with cemetery specifications, standards and requirements.

D. The setting of memorials and preparation of foundations for monuments shall be paid in advance. Removal of monumental work from any grave plot under claim it is not paid for or other pretense shall not be permitted without authority of the cemetery superintendent.

E. The purchase of glass front niches shall be subject to the following conditions:

1. Only regulation metal urns purchased through the cemetery or a funeral home will be allowed and the urn must accommodate the size of the niche purchased;

2. Only one floral copper vase per niche;

3. Urns may only be used for human cremains;

4. Small picture/photos no larger than two inches by three inches may be placed in the niche;

5. The glass fronts must remain unaltered; and

6. Niches may be opened only by cemetery staff. (Ord. 1818 § 6, 1997: Ord. 1249 § 1, 1984: Ord. 1116 § 1, 1979: Ord. 378 § 22, 1928. Prior code § 10.02.260)

8.04.280 Saturday and Sunday interments.

Interments held on Saturday shall be completed in the morning; therefore, the funeral procession must arrive at the cemetery no later than 11:00 a.m. No interment shall be held on Sunday. Services performed outside the normal working hours, where no fee schedule exists, shall be charged by the cemetery clerk at the actual cost of the city to provide the service plus 25 percent. No cemetery services shall be held on Sunday. (Ord. 1445 § 6, 1989; Ord. 1244 § 1, 1983: Ord. 1183 § 1, 1981: Ord. 1116 § 2, 1979: Ord. 1007 § 1, 1975: Ord. 991 § 1, 1975: Ord. 974 § 1, 1974: Ord. 876 § 2, 1968: Ord. 378 § 23, 1928. Prior code § 10.02.270)

8.04.285 Plots and markers – Urn Garden, Block 219.

A. Plots (Graves). Each plot for cremains shall be three feet by three feet in size and shall contain only one set of cremains per plot.

B. Monuments and Memorials. Each plot may contain one marker (memorial) and one official flower vase. The markers shall all be made of granite and shall be uniform in size. The size shall be eight inches by 16 inches and there shall be no concrete border. All markers shall be flush with the turf and plot owners shall be responsible for keeping their respective markers in good repair. The cemetery staff shall be responsible for locating all sites and installing the markers.

C. There shall be one main granite monument, the size of which shall be determined by cemetery staff, located in the center of the Urn Garden. The purpose of this monument shall be for the inscription of names of deceased clientele whose cremains have been dispersed elsewhere. No cremains shall be dispersed on any city of Sumner Cemetery property. The inscriptions shall consist of the full name of the deceased only and shall be limited to 20 characters, including spaces. No other inscriptions shall be allowed on this monument. (Ord. 1630 § 1, 1994)

8.04.286 Plot, inscription, and service charges – Urn Garden, Block 219.

Repealed by Ord. 2208. (Ord. 1900 § 1, 1999: Ord. 1818 § 7, 1997: Ord. 1630 § 2, 1994)

8.04.290 Price of graves – Service charges.

Price of graves:

Plots

Pioneer

$1,850

Flat

$1,850

Raised 208 & 223

$3,400

Raised 301

$5,000

Estate 300

$28,000

Lawn Crypt

$2,700

Baby Land

$300

Urn Garden

$630

Companion Urn Garden

$3,200

Glass Front Niche

$1,900 – $6,300

Granite Front Niche

$1,450 – $1,700

Bronze Front Niche

$175 – $350

Granite Niche Wall

$1,895 – $2,695

Crypts

$4,200 – $5,900

Extended Land Use

30% of Plot Price

Extended Niche Use

30% of Niche Price

Open/Close

Adult Liner

$850

Vault Install

$200

Lawn Crypt

$900 per Burial

Baby Land

$250

Cremains

$425

Niche

$375

Urn/Urn Vault Install

$100

Crypts

$600 – $675

Overtime

Weekdays

$125 per Hour

Saturday

$425

Holiday

$820

Disinterment

Adult Liner

$2,000

Adult Vault

$2,500

Lawn Crypt Upper

$2,000

Lawn Crypt Lower

$4,000

Baby Land

$750

Crypts

$1,500 – $2,000

Disinurnment

Cremains

$700

Niches

$375

Services

Committal Service

$200

View Only Burial

$130

Setting

Flush

$250

Raised

$375

Vase

$60

Resetting

Flush

$150

Raised

$300

Miscellaneous

Recording Fee

$25

Title Transfer

$50

Geneology

$25

NSF Check

$40

(Ord. 2215 § 1, 2007; Ord. 2208 § 2, 2007)

8.04.292 Price adjustments.

A. When the wholesale price of box liners, vases and other retail products increases, the cemetery clerk shall present proof of the price increase to the city administrator for approval. Upon approval by the city administrator, the previous prices shall automatically increase by the same amount.

B. On September 1st of each year, the prices for mausoleums, crypts and niches shall be adjusted according to the Seattle Consumer Price Index. (Ord. 1445 §§ 2, 3, 1989)

8.04.294 Earth burial of ashes.

An extended land use charge shall be made for earth burial of ashes on pre-existing graves. The charge shall be 30 percent of the current plot price, which shall be equally divided between the cemetery endowment fund and the cemetery development fund. The scattering of human cremated remains in the Sumner Cemetery shall be prohibited. (Ord. 1445 § 4, 1989)

8.04.296 Additional charges when services not prepaid.

An additional charge of $100.00 shall be made for services to estates where payment in full is not received prior to the performance of the services. In the event payment in full for the services is received within 30 days from the date that the services were performed, then the $100.00 shall be refunded. (Ord. 1445 § 5, 1989)

8.04.300 Billing.

Bills due to the city, for labor and materials supplied, are a lien on the lot until paid. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))

8.04.310 Visitors.

A. Visitors must keep to the walks or drives and must not cross over or trespass on any lot or grave not their own.

B. Picking flowers, breaking or injuring trees or shrubs or in any way injuring any monument or headstone is prohibited and liable to severe penalty according to the state law.

C. If anything is placed on a grave which is deemed improper, it will be removed. Patrons are requested not to offer money to workmen. (Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))