Chapter 2.60


2.60.010    Cemetery board—Membership.

2.60.020    Superintendent—Powers and duties.

2.60.030    Superintendent—Appointment— Eligibility—Compensation.

2.60.035    Definitions.

2.60.038    Ownership rights of interment.

2.60.040    Interment regulations.

2.60.050    Ownership records.

2.60.060    Disinterment regulations.

2.60.070    Memorial decorum regulations.

2.60.080    Grave plot dimension requirements.

2.60.090    Service charges.

2.60.100    Deed or certificate of ownership.

2.60.110    Perpetual care fund.

2.60.120    Cemetery expense fund.

2.60.130    Prohibited acts—Penalties.

2.60.140    Prohibited acts—Gross misdemeanors—Penalties.

*    For statutory provisions on cemeteries, see Ch. 68.12 RCW.

2.60.010 Cemetery board—Membership.

The cemetery board shall consist of three members of the town council, appointed by the mayor. (Ord. 230 § 11 (part), 1961)

2.60.020 Superintendent—Powers and duties.

The direction of funerals, while within the cemetery, and the care and maintenance of the cemetery shall be under the control of the cemetery superintendent, and the cemetery superintendent shall maintain order, enforce the rules and regulations of the cemetery board, and the laws of the state of Washington and the ordinances of the town of Brewster, within the cemetery and within such radius as may be necessary to protect the cemetery property. (Ord. 230 § 1(a), 1961)

2.60.030 Superintendent—Appointment— Eligibility—Compensation.

The cemetery superintendent shall be appointed by the mayor with the approval of the cemetery board. The compensation to be paid for such services shall be determined by the town council. The cemetery superintendent shall be an employee of the town and until the work as superintendent shall be a full-time job, he shall act as superintendent of the cemetery in conjunction with his other duties as such employee. (Ord. 230 § 1(b), 1961)

2.60.035 Definitions.

The terms “lot owner” or “ownership” shall be construed to mean the right to use a lot or part of lot, as purchased from the city for a consideration, for burial purposes only and under the existing or subsequent rules and regulations as prescribed by the city for such use. (Ord. 740 § 1, 2003)

2.60.038 Ownership rights of interment.

A. The city shall have the right to assume at all times that the lot owner acquired a lot for the interment of the owner and members of the owner’s family. The surviving spouse of the lot owner shall have the first right to interment or to direct the right of interment.

B. All burial rights in cemetery lots purchased from the city occupy the same position as real estate at the death of the owner. Only such persons as names appear on the cemetery records of the city will be recognized as owners or part owners of lots. In case of the death of a lot owner, when the cemetery lot is disposed of by will, a certified copy of the will must be delivered to the city clerk before the city will recognize the change in ownership. If the deceased lot owner left no will, a certified copy of the proof of heirship or executorship made in the superior court, or as designated by the executor of the estate, must be presented.

C. The title to a cemetery lot vests in the owner the right to use such lot for burial purposes only, for themselves, their heirs, or for any such person as they may choose to admit. Lots may be sold to a third party; however, no transfer in ownership will be recognized until a notarized statement of the details of the sale is filed with the city clerk.

D. The city will permit additional interments in one lot at the request of the owner, the owner’s surviving spouse, or other person designated on the deed at the time of lot purchase only. If all persons listed as having authority to designate placement on the deed are deceased, no further placements are allowed on the lot. (Ord. 740 § 2, 2003)

2.60.040 Interment regulations.

A. Lots may be purchased at the office of the town clerk-treasurer. Interments will not be permitted in lots not paid for. Lots shall be sold at prices fixed by the town council.

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

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

D. At the time permission is requested, the name, age, place and date of birth, color, sex, and last address of the person to be interred shall be given to the town clerk-treasurer.

E. A record shall be kept of all remains interred or cremated. In such 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.

F. No transfer of any lot or lots, or interest therein, will be valid without the consent of the town first being had and endorsed upon such transfer, and the same shall be endorsed on the books of the town.

G. All graves shall be dug by the city under direction of the public works director. Depth of graves shall conform to state regulations.

H. The public works director shall be given three days’ notice for the opening and closing of graves. All dates for interment are subject to approval by the public works director.

I. The interment of three cremation urns or one full casket plus two cremation urns is allowed per standard lot. (Ord. 740 § 3, 2003; Ord. 230 § 4, 1961)

2.60.050 Ownership records.

The town shall keep an accurate and permanent record of the ownership of plots in the cemetery. The town shall also endeavor to establish the ownership of the lots in the cemetery that were sold before the cemetery was conveyed to the town, and shall keep an accurate record of the ownership of a such lots. At the present time such records shall be kept by the town clerk-treasurer; however, the duty of keeping such records may be assigned to another officer or employee of the town at any time, by resolution of the town council. (Ord. 230 § 5, 1961)

2.60.060 Disinterment regulations.

A. No disinterment will be allowed without the permission of the town, the lot owner, his heirs or assignees, and of the nearest of kin to the deceased, and all such disinterments shall be under the direction and supervision of the cemetery superintendent, except when such disinterment is made by the order of the court when proper receipt for the remains must be given and in accordance with all state laws and regulations.

B. For sanitary reasons, graves will not be reopened for inspection except for official investigation pursuant to an appropriate court order. (Ord. 740 § 4, 2003; Ord. 230 § 6, 1961)

2.60.070 Memorial decorum regulations.

A. In order to secure the best general appearance, the town requires that all plantings shall be done only in accordance with the established plan under the direction of the cemetery superintendent.

B. No lot shall be raised above the contour of the surrounding ground. To ensure the proper development of the grounds the grade of lots will be determined by the city.

C. No coping of any kind of enclosure will be permitted. Boundaries of lots will be marked with a cornerstone which will be set by the city with the centers upon the lines bounding the lots. Cornerstones must not project above the ground and must not be alerted or moved.

D. No iron work or wire work, and no seats or benches, trees, shrubs, roses or other plants, will be allowed on lots; however, if someone 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 superintendent of the cemetery, and the superintendent of the cemetery shall decide where the same is to be located.

E. Concrete liners of a size and type to be specified by the city superintendent are required for all burials.

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

G. 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 as may be deemed requisite and proper by the city to secure and promote the general objectives and best interests of the cemetery, and no notice of such intended action shall be required.

H. All monuments or markers hereafter placed upon any grave in the cemetery shall be what is commonly referred to as a flat marker and shall be set flush with the contour of the ground.

I. The use of glass jars or bottles as receptacles for cut flowers is prohibited. These items will be removed by the city without notice.

J. Winter decorations may be maintained on graves until March 1st. If such decorations are not removed by March 15th, they shall be considered abandoned and will be disposed of by the Locust Grove Cemetery.

K. Memorial decorations must be removed no later than seven days after the day of observance, or they shall be considered abandoned and disposed of by the Locust Grove Cemetery.

L. Markers must be set in a concrete or granite border.

M. Up to three grave markers are allowed per standard size lot; one marker is allowed on a cremation lot.

N. There is no minimum size for a grave marker; however, markers shall not exceed the size of the lot. (Ord. 740 § 5, 2003; Ord. 230 § 7, 1961)

2.60.080 Grave plot dimension requirements.

Grave plots for burial of adults shall be eight feet long and thirty-seven inches wide. Plots for infant burial shall be three feet long and nineteen inches wide. (Ord. 230 § 8(a), 1961)

2.60.090 Service charges.

A. The charges for burial, including but not limited to opening and closing, cemetery lots, perpetual care, and the setting of headstones, shall be established by resolution of the city council.

B. The charge of opening and closing the grave, the grave space, and the perpetual care of the grave shall all be paid in full before any interment shall be permitted.

C. The charges for grave space, for opening and closing a grave, and for perpetual care, set forth above, may be changed from time to time by resolution of the city council.

D. All persons having purchased cemetery lots prior to the acquisition of the cemetery by the city are required to pay the sum of fifty dollars for perpetual care. The city will not provide any care for the graves where the payments as specified in this subsection are not paid. (Ord. 507, 1989; Ord. 420, 1981; Ord. 390, 1979; Ord. 230 § 8(b—e), 1961)

2.60.100 Deed or certificate of ownership.

A. Upon the payment in full of all charges for grave space, opening and closing the grave, and the perpetual care of the grave, the city shall give to the purchaser a deed or certificate of ownership to the burial plot in question. In such deed or certificate of ownership the city shall agree to furnish perpetual care to the grave in the plot described in such deed or certificate of ownership.

B. The city finance director may establish a payment plan for a cemetery lot purchase to permit those desiring to make a partial payment at the time of purchase and final payment at a later date. Such payment plan shall reserve to the city the right to resell the lot upon failure to make final payment for the lot as specified in the payment plan. Payment in full of the lot purchase price shall be required prior to interment in any lot. (Ord. 740 § 6, 2003; Ord. 590 § 1, 1994; Ord. 230 § 11 (part), 1961)

2.60.110 Perpetual care fund.

A. The amounts received for perpetual care of a grave, as set forth in the resolution of the city council referred to in Section 2.60.090, shall be deposited with the city clerk/finance director and shall be placed one-half in the perpetual care fund and one-half in the cemetery fund.

B. The principal of all funds for perpetual care shall remain irreducible and inviolable, and shall be maintained separate and distinct from all other funds, except that the same may be invested as provided in subsection C of this section.

C. It shall be the duty of the city clerk-treasurer, with the approval of the city council, to invest all sums set aside from the sale of lots for perpetual care, and all sums received for the perpetual care of graves that were in the cemetery at the time it was turned over to the city, and the income from such investments shall be held in trust for the perpetual care of the graves in such cemetery for which such care has been paid; provided, however, that all investments shall be made in municipal, county, school, or state bonds, or general obligation warrants of the city.

D. All investments shall be approved by the city council.

E. All income received from the investment of the perpetual care fund shall be deposited with the city clerk-treasurer and shall be kept in a fund known as the cemetery expense fund, and shall be paid out by the city clerk-treasurer only for purposes authorized by the city council. (Ord. 590 § 2, 1994; Ord. 230 § 9, 1961)

2.60.120 Cemetery expense fund.

All funds coming into the hands of the city clerk-treasurer for such cemetery, except for the purposes of perpetual care, shall be kept by the city clerk-treasurer in a fund which shall be known as the cemetery expense fund, and such funds shall be used for the purposes of operating, maintaining and improving such cemetery. (Ord. 230 § 10, 1961)

2.60.130 Prohibited acts—Penalties.

A. All persons disturbing the quiet or good order of the cemetery by noises or disorderly or improper conduct, or who violate any of the rules or regulations pertaining to the cemetery, or cemeteries, of the city contained in this chapter or hereafter made, will be ejected from the cemetery and the superintendent is vested with full police power to arrest without warrant any such offender.

B. No vehicles shall be driven in any part of the cemetery except on the driveways laid out for that purpose or on unimproved property. Automobiles shall not be driven in the cemetery at a speed exceeding fifteen miles per hour.

C. No vehicle shall be driven or parked in the cemetery between the hours of nine p.m. and eight a.m. of each day.

D. Signs and advertisements of every description are strictly prohibited in any part of the cemetery.

E. Persons with dogs, other than trained guide or service dogs, will not be admitted inside the cemetery.

F. No monument company nor any other person or persons, including relatives of persons buried in the cemetery of the city, shall place any grave marker or monument on any grave nor any other point in such cemetery. Any such grave marker or monument shall be placed by the city.

G. Picnics and other food items are prohibited.

H. Motorcycles, snowmobiles and horses are not allowed in the cemetery.

I. Any person who violates any provision of this section shall be guilty of a civil infraction and shall be subject to a maximum fine of two hundred fifty dollars. (Ord. 844 § 1, 2012; Ord. 740 § 7, 2003; Ord. 230 § 2, 1961)

2.60.140 Prohibited acts—Gross misdemeanors—Penalties.

Every person is guilty of a gross misdemeanor who unlawfully or without right, wilfully does any of the following:

A. Destroys, cuts, mutilates, effaces or otherwise injures, tears down or removes any tomb, plot, monument, memorial or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of a cemetery or any property in a cemetery;

B. Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, tree, shrub, flower or plant within the limits of a cemetery;

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

D. Any person violating this section shall be guilty of gross misdemeanor and shall be punished by a fine not to exceed three hundred dollars or confinement in the jail not to exceed ninety days, or by both such fine and imprisonment. (Ord. 230 § 3, 1961)