Chapter 2.44
MOUNTAIN VIEW CEMETERY
Sections:
2.44.010 Cemetery fund established.
2.44.020 Authority of city clerk-treasurer to make, execute and deliver deeds of conveyance.
2.44.040 Interment – Application.
2.44.050 Interments – Construction standards.
2.44.060 Markers, monuments and other structures.
2.44.070 Ornamentation and beautification.
2.44.010 Cemetery fund established.
There is established a cemetery fund for the city and all proceeds from the sale of lots and niches in the Mountain View Cemetery and all revenue derived from open and closing services performed by the city shall be deposited in said fund for necessary equipment and maintenance of the Mountain View Cemetery. (Ord. 675 § 1, 1990).
2.44.020 Authority of city clerk-treasurer to make, execute and deliver deeds of conveyance.
Upon payment pursuant to DMC 2.44.030 to the city clerk-treasurer of the purchase price of cemetery lots and niches, the city clerk-treasurer shall have authority to make, execute and deliver on behalf of the city, proper deeds of conveyance to platted lots in the Davenport Mountain View Cemetery. (Ord. 675 § 2, 1990).
2.44.030 Fees.
All fees and charges shall be paid in advance, unless a licensed funeral home has guaranteed payment. If payment shall not be made within 30 days, then a late payment penalty shall accrue at a rate of one and one-half percent per month. The prices for unsold property and for open and closing of graves and niches shall be set in the city’s fee schedule as adopted by city council resolution. (Ord. 980 § 1, 2007; Ord. 833 § 1, 1998; Ord. 828 § 1, 1998; Ord. 812 § 1, 1998; Ord. 763 §§ 1, 2, 1995; Ord. 675 § 3, 1990).
2.44.040 Interment – Application.
(a) Application. Application for interment shall be made with the city clerk-treasurer at least 48 hours in advance of the burial. A burial permit must, in all cases, be filed with interment or inurnment. Interment or disinterment or removals will not be allowed on Sundays or legal holidays.
(b) Opening/Closing. Grave openings and closings may only be done by city of Davenport employees or assigned agents of the city.
(c) Disinterment. No disinterment shall take place without first presenting the proper approval as required by the state of Washington and arrangements of the disinterment made with the city at least one week prior to the disinterment.
(d) Damage during Disinterment. The city will take all reasonable care during disinterment but will not assume any responsibility for damages to cremation containers or caskets during disinterment and reburial. The party requesting the disinterment shall accept the responsibility for any damages and any costs relating to those damages.
(e) Multiple Burials. Burial in full-size lot is limited to:
(1) One adult burial and two inurnments that are placed in a cremation urn vault approved by the city; or
(2) One adult burial and one infant burial.
(3) If it is necessary to disinter cremated remains, adult remains, or an infant burial prior to a full earth burial of a casketed body, grave liner or vault, or cremated remains, a fee will be charged by the city for that service.
(4) Two inurnments will be allowed on a cremation lot, but only one flush mounted marker is allowed on these lots.
(5) Lawn crypts are not allowed.
(6) Two inurnments will be allowed in the above-ground niche units if they meet cemetery requirements and both urns fit in a niche space.
(f) Scattering Cremated Human Remains. The sprinkling of cremated human remains is not allowed on cemetery grounds. (Ord. 1104 § 2, 2016; Ord. 675 § 4, 1990).
2.44.050 Interments – Construction standards.
All interments except cremations must be made in cement liner, cement vaults, or steel vaults. No tombs shall be erected on top of the ground. All monuments shall be set in a foundation which shall be at ground level. All monuments must be set in line according to a cemetery survey.
(1) Vaults. For every interment the casket must be enclosed in a concrete box, concrete vault, steel vault, infant cement liner or infant casket/vault. Cremations must also be inurned in a container approved by the city.
(2) Urns. Urns must be approved by the city for use in the cemetery, these are to be defined as urn vaults. (Ord. 1104 § 2, 2016; Ord. 675 § 5, 1990).
2.44.060 Markers, monuments and other structures.
(a) Fences, posts and chains and all wooden structures around lots, blocks or graves are prohibited and if any inscription, monument, effigy or structure which the council deems improper or offensive is placed upon any lot or grave, the same shall be removed upon order of the city council.
(b) Architectural Structures. No vases, seats, benches, rock works or other architectural structures may be installed in the cemetery without the written permission of the city.
(c) Vandalism or Theft. The city shall not be responsible for vandalism or theft of markers, monuments or any other items left in or around the cemetery grounds.
(d) Type of Marker/Monument. Markers may be either upright or flush with the ground in the earth burial sections of the cemetery. No markers are allowed that are made of wood, plastic, porcelain or nondurable materials or are homemade.
(e) Size of Marker/Monument. All markers/monuments must conform to the following size limitations:
(1) The width of a single lot marker/monument, including the foundation, shall not exceed 36 inches, including the mowing strip.
(2) The length of a marker shall not exceed 24 inches or 36 inches by 24 inches including a four-inch mowing strip.
(3) Double lot markers/monuments will be allowed on two adjacent lots if they do not exceed 72 inches in length by 30 inches in width for the base of an upright stone or 52 inches in length by 28 inches in width, including the mowing strip, for a flush double marker.
(4) No garden paving or patio type block is allowed as an extension of the marker collar.
For the purpose of these regulations, the width shall be the dimension of the marker as it is to be placed on the gravesite measured from one side of the grave to the other. The length shall be the dimension of the marker as it is to be placed the grave measured from the top of the grave site to the bottom, regardless of the orientation of the grave.
(f) Nonconforming Markers. Lot owners must enter into an agreement with the city agreeing that the lot will be left unoccupied if a marker or monument placed by the owner renders an unoccupied lot owned by that person unusable. The agreement shall also contain a provision whereby the owner releases the city from any liability for damage to the marker.
(g) Marker/Monument Installation.
(1) No marker/monument may be placed without prior approval of the city.
(2) All markers/monuments must be set by city staff or by a monument company approved by the city. No monument work is permitted in the cemetery on Sundays or holidays or after 3:30 p.m. or the day before Memorial Day, unless prior appointment or approval has been granted by the city.
(3) Flat marker foundations set by the city of Davenport staff will not be replaced by the city after one year from the date of installation.
(4) A headstone will be allowed at the head of the grave or double lot. Foot markers must be placed flush with the ground at the opposite end of the grave as the headstone.
(5) One infant marker or cremation marker will be allowed on an existing grave and must be mounted flush with the ground in line with existing foot markers.
(h) Removal/Moving of Markers/Monuments.
(1) Markers/monuments already installed that impede the opening or closing of a grave will be moved by the cemetery staff at the expense of the owner of the marker or the surviving family members if the owner is deceased.
(2) Markers/monuments that become damaged or are a hazard to patrons of the cemetery or cemetery personnel may be either repaired or removed. The owner of the marker or the owner’s surviving family shall be responsible for the cost of the repair or removal if the work is performed by city staff.
(3) Markers/monuments placed in violation of these regulations or which interfere must be removed. If a marker has to be removed by city personnel, the cost of the removal will be assessed against the responsible party illegally placing the marker.
(i) Temporary Markers.
(1) A temporary marker may be placed on the grave site pending the installation of a permanent marker/monument.
(2) The temporary marker must be removed at the time the permanent marker/monument is installed.
(3) All reasonable care will be taken, however, temporary markers will not be replaced or repaired by the city if damaged or destroyed by cemetery maintenance.
(4) Temporary markers shall meet the cemetery or funeral industry standards.
(j) Cleaning and Repair. Maintenance and cleaning of a marker/monument is the responsibility of the lot owner and not the responsibility of the city. No environmentally harmful products shall be used to clean markers/monuments that will damage the surrounding vegetation. (Ord. 1104 § 2, 2016; Ord. 675 § 6, 1990).
2.44.070 Ornamentation and beautification.
The indiscriminate planting of trees and shrubs in the cemetery shall not be allowed and it shall be the duty of the city to have all the objectionable features in the landscape removed and if the trees or shrubs in any lot become detrimental to any adjacent lots or for any other reason in the opinion of the city superintendent, the city shall remove them on an order from the mayor of the city.
(1) Planting of Flowers, Trees and Shrubs. Prior to planting flowers, trees or shrubs in the cemetery, written permission must be obtained by the city. The city has the right to deny any request for planting flowers, trees and shrubs.
(2) Removal of Flowers, Trees and Shrubs. No person other than city staff or agent of the city may remove or prune trees or shrubs within the cemetery grounds, or remove or damage any other type of foliage on the cemetery grounds, whether the foliage is wild or cultivated.
(3) Spraying of Trees. Trees and shrubs shall be sprayed when deemed necessary at the expense of the city and if any tree, plant or shrub on any lot or grave is found to be infected by any disease or pest, the city shall immediately prune or remove same.
(4) Ornamentation. Artificial flowers, planter boxes, toys, flags, pinwheels, balloons, shells, solar lights and/or decorations which are placed on or around graves or lots that are deemed by the city management to be hazardous or to create a maintenance problem will be subject to removal by staff.
(5) Glass Prohibited. Glass of any kind is not allowed in the cemetery, including vases, ceramic statues, terracotta pots and decorations.
(6) Planting Vegetation. Planting of any vegetation in the cemetery without permission from the city is prohibited. Flowerbeds are not allowed in any part of the cemetery, except for those designated by the city for the benefit of the entire community. Objects used in planting, including but not limited to water cans, flower holders and garden utensils are the responsibility of the owner to remove from the cemetery and may not be left on the cemetery grounds.
(7) Hanging Objects. Hanging objects from trees in the cemetery is not allowed without prior permission by the city.
(8) Cremation Lots. Approved vases only will be allowed in the cremations section of the cemetery. Vases must be of the type that can be returned to a flush position for mowing. Fresh and artificial flowers will be allowed only if they are in approved vases and must be removed when the flowers become wilted or become unsightly as determined by the city.
(9) Access. No object may be placed in the cemetery that restricts access by others through the cemetery or interferes with the maintenance of the cemetery grounds or buildings.
(10) Removal at Owner’s Expense. Any item or vegetation placed in the cemetery that violates these regulations or obstructs the maintenance or the cemetery or detracts from the appearance of the cemetery grounds or buildings will be removed by city staff at the owner's expense. (Ord. 1104 § 2, 2016; Ord. 675 § 7, 1990).
2.44.080 Prohibited conduct.
(a) Firearms/Fireworks. Firearms or fireworks are not allowed on or within the cemetery grounds except for a military honor guard under the supervision of an officer during a military service. The firearm restriction shall not apply to law enforcement officers or those individuals with a valid concealed carry permit.
(b) Animals. No person shall hunt or disturb any animal life on cemetery grounds. This restriction shall not apply to wildlife management personnel or animal control officers while performing their official duties.
(c) Alcohol/Drugs. Possession or use of alcoholic beverages or illegal drugs is prohibited on the cemetery grounds.
(d) Smoking. Smoking is not allowed on cemetery grounds.
(e) Boisterous Behavior. Boisterous behavior or activities not associated with normal cemetery operations and use are not allowed on the cemetery grounds.
(f) Vandalism. Vandalism is prohibited on cemetery grounds, including, but not limited to: defacing, turning over, removal or damaging any wall, marker or monument. (Ord. 1104 § 2, 2016; Ord. 675 § 8, 1990).
2.44.090 Enforcement penalty.
(a) Authority. The city staff have the authority to enforce these regulations and to remove any property placed in the cemetery in violation of these regulations or to exclude from the cemetery grounds any person that is violating these rules.
(b) Violations. Any violation of this chapter shall constitute a misdemeanor and upon conviction shall be punishable by a $25.00 fine and state assessments for each offense.
(c) Nonexclusive. The enforcement authority set forth in these regulation is not exclusive and the city may enforce these regulations in any other lawful manner. (Ord. 1104 § 2, 2016; Ord. 675 § 9, 1990).