Chapter 8.08


8.08.010    Applicability.

8.08.020    Cemetery hours.

8.08.030    Endowed care graves.

8.08.040    Price of graves and service.

8.08.050    Method of payment.

8.08.060    Cemetery improvement reserve.

8.08.070    Plant materials.

8.08.080    Designated sections.

8.08.090    Regulations authorized.

8.08.100    Prearrangement reserve.

8.08.110    Allocation of funds.

8.08.010 Applicability.

The city owns, operates and cares for Bayview Cemetery as part of its general governmental services to the citizens of Bellingham. This chapter governs operations of the cemetery and is in addition to other city ordinances and regulations for property under the management of the department of parks and recreation. [Ord. 9412, 1985].

8.08.020 Cemetery hours.

Visitor hours during which the cemetery grounds are open are from 8:00 a.m. to 8:00 p.m. or dusk (whichever is earlier) daily and normal burial hours shall be restricted during weekdays to the hours of 10:00 a.m. to 4:00 p.m. without special permission of the parks and recreation director or designee. [Ord. 989 § 1, 1989; Ord. 9412, 1985].

8.08.030 Endowed care graves.

An endowed care grave is any grave within Bayview Cemetery used for cemetery purposes or designated for endowed care. [Ord. 2006-11-109; Ord. 9412, 1985].

8.08.040 Price of graves and service.

A. The fees charged for graves and services are established by the city council by resolution.

B. To the grave sale price shall be added a percentage of sales as approved by city council in the above-mentioned resolution, and such amount shall be deposited in the cemetery endowed care reserve. [Ord. 2006-11-109; Ord. 2001-12-100 § 1; Ord. 9898 § 2, 1989; Ord. 9412, 1985].

8.08.050 Method of payment.

A. All sales shall be made for cash. There shall be two types of sales contracts:

1. At-need sales for graves, services, memorials and materials. Graves are, by default, considered “at-need” since they become an immediate asset to the purchaser’s estate.

2. Prearrangement sales for services and materials.

B. In cases of financial hardship, the cemetery supervisor may recommend waiver of the cash payment requirement only on at-need agreements. Authorization of the waiver to be approved by the park operations manager.

1. A cash down payment of at least 60 percent is required and the unpaid balance is to be paid over a 90-day contract at the established monthly interest rate of one-half of one percent. Any request for exception to this subsection is to be submitted in writing to the director of parks and recreation explaining why the conditions of the contract cannot be fulfilled. The director, in writing, may or may not extend the payment to a date certain in the future.

2. On all contracts, payments on account are deemed delinquent the day after payment is due. Delinquency shall be considered a material breach of the agreement justifying automatic termination, and the city shall have the right to remove any and all remains interred and re-inter the same in such place as the director of parks and recreation may direct.

3. Upon default in payment at any time of the balance due or failure to remit any accrued finance charges, Bayview Cemetery will suspend and may deny further cemetery services until full payment is made.

4. No memorialization shall be allowed on any grave or other burial space without full and complete payment of delinquent amounts.

5. The city is not authorized to accept assignments. The individual responsible for the cemetery services and who signs the contract shall pay all costs and thus be held personally liable for the contract.

C. Unless arrangements are otherwise made with the city in writing, ownership of graves shall revert to the city in the event that the purchase price is not fully paid within 90 days of the date of sale, or if any other term, condition, or limitation of the contract is not met by the owner. The owner shall forfeit any and all claims to moneys paid to the city toward the contract, and the city shall have the right to remove, without notice, all memorialization and any and all remains interred and re-inter the same in such place as the director of parks and recreation shall direct.

D. Interment rights are conditioned upon full payment and compliance with all other contract terms, conditions, and limitations. [Ord. 2006-11-109; Ord. 2001-12-100 § 2; Ord. 9898 § 3, 1989; Ord. 9412, 1985].

8.08.060 Cemetery improvement reserve.

A. A special cemetery improvement reserve within the cemetery fund is established with moneys received from the amount set forth in BMC 8.08.040(B), grave sales, and from any property devised, bequeathed or given in trust to the cemetery.

B. Interest or dividends from investments of or deposits in the cemetery improvement reserve may be used for care and operation of the cemetery or for capital improvements or embellishments within the cemetery.

C. The principal from such reserve may be used, as authorized by the city council, for improvements to the cemetery. [Ord. 2001-12-100 § 3; Ord. 9898 § 4, 1989; Ord. 9412, 1985].

8.08.070 Plant materials.

A. Trees, shrubs, flowers or any other plant material are not allowed to be planted within the cemetery property unless approved by the director of parks and recreation, or other designee, within designated areas.

B. Artificial plants may not be used to decorate grave sites between March 1st and November 1st. All flowers, real or artificial, must be placed in marker vases or vases placed on the marker.

C. Glass ornaments or vases are not allowed on gravesites due to safety issues.

D. Plants, either artificial or natural, may be removed from the cemetery when, in the discretion of the director of parks and recreation, or other designee, they have become unsightly, are diseased, or otherwise do not conform to cemetery standards. [Ord. 2006-11-109; Ord. 9898 § 5, 1989; Ord. 9412, 1985].

8.08.080 Designated sections.

A. The lower half of cemetery section number 19 is designated as the urn garden for cremation interments only.

B. The upper half of cemetery section number 19 is designed for infant interments only.

C. The fountain garden section, south of the cemetery office, is designated as an urn garden for cremation interments only. [Ord. 9898 § 6, 1989; Ord. 9412, 1985].

8.08.090 Regulations authorized.

The director of parks and recreation is authorized to issue regulations for the use and operation of Bayview Cemetery. To be effective, the regulations must be made part of the city’s policies and procedure manual and copies must be available to the general public through the offices of the parks and recreation department, Bayview Cemetery and the finance director. [Ord. 9412, 1985].

8.08.100 Prearrangement reserve.

A. There is hereby established a prearrangement trust reserve for the benefit of beneficiaries of prearrangement contracts (as defined in Chapter 68.46 RCW, as amended) entered into pursuant to BMC 8.08.050(A)(2).

B. Payments for prearrangement sales shall be deposited into the reserve. [Ord. 2001-12-100 § 4; Ord. 9898 § 7, 1989].

8.08.110 Allocation of funds.

Proceeds of at-need sales contracts shall be deposited in the cemetery fund upon receipt by the city. [Ord. 2001-12-100 § 5; Ord. 9898 § 8, 1989].