Chapter 13.04
Cemetery Rules and Regulations

Sections:

13.04.010    Supervisory authority.

13.04.020    Improvements.

13.04.030    Grave digging--Penalty.

13.04.040    Burial--Approval required--Penalty.

13.04.050    Grave and service charges.

13.04.051    Interments--Prohibited when.

13.04.060    Deed.

13.04.070    Delivery of deeds.

13.04.080    Attestation and seal of city affixed to deed.

13.04.090    Expenditures--Cemetery fund.

13.04.100    Destruction of property--Penalty.

13.04.110    Grave markers.

13.04.120    Rules and regulations--Establishment –Violation--Penalty.

13.04.010 Supervisory authority.

Any cemetery operated by the city shall be under the control of the mayor and the direct supervision of the director of public works or his or her designee. (Ord. 1314 §1, 1991: Ord. 1253 §1, 1988: Ord. 175 §1, 1892).

13.04.020 Improvements.

All work done and improvements made in or upon a city cemetery shall be done by or under the supervision of the city, as the same may be ordered by the city council, and subject to their approval. (Ord. 1314 §2, 1991: Ord. 1253 §2, 1988: Ord. 175 §2, 1892)

13.04.030 Grave digging--Penalty.

All graves shall be opened and closed by or under the direction of the city acting by and through its designated representative. No other person or persons shall have any right or authority to enter the cemetery for the purpose of opening or closing any grave or graves and are hereby prohibited from so doing. Any violation of this provision is a misdemeanor, and any person convicted of such violation shall be punished as provided in Section 1.08.010 of this code. (Ord. 1314 §3, 1991: Ord. 1253 §3, 1988: Ord. 175 §3, 1892).

13.04.040 Burial--Approval reguired--Penalty.

No deceased person's remains shall be buried in a city cemetery unless an authorization therefor is first obtained by an authorized person from the clerk-controller. The clerk-controller is authorized to issue such approval to the authorized individual upon application. The clerk-controller is authorized to require such information as she or he may deem necessary and appropriate prior to the issuance of the authorization. Any violation of this section is, upon conviction thereof, punishable as provided in Section 1.08.010 of this code. (Ord. 1314 §4, 1991: Ord. 1253 §4, 1988: Ord. 175 §4, 1892).

13.04.050 Grave and service charges.

(a)    Fees and charges and requirements for grave sites and services provided by the city at the city cemetery shall be established by action of the city council in written resolution. Fees and charges shall be paid under such schedule and at such time as may be established by the clerk-controller.

(b)    In the event that the funeral in question is being paid for by the Department of Social and Health Services of the state of Washington or a successor entity, the clerk-controller shall be authorized to collect in the event that the amount in question is less than the sums established under this section, such maximum lesser amount as may be established by statute, rule or regulation for the provision of the services in question in full satisfaction for such property and services.

(c)    The clerk-controller shall be authorized to accept prepayment of such costs as may be established under this section for services. Upon such prepayment, when the request for the services is thereafter made, the service shall be provided without additional cost in the event that the cost has been increased since the date of payment; provided, that the payment for services shall not be assumable nor shall there be a right to return. (Ord. 1314 §5, 1991: Ord. 1253 §5, 1988: Ord. 1200 §1, 1984: Ord. 972 §1, 1974: Res. 126, 1959).

13.04.051 Interments--Prohibited when.

There shall be no interments and burials nor shall the city be required to provide any services on Saturdays, Sundays or legal holidays. (Ord. 1319 §1, 1991: Ord. 1314 §6, 1991: Ord. 976 §1, 1974).

13.04.060 Deed.

Upon payment of the price established for grave lots, the city clerk shall issue a receipt therefor, giving such receipt for any vacant lot selected by the applicant, which receipt shall entitle the holder thereof to a deed to the lot therein described. The deed shall be executed pursuant to Section 13.04.070 and shall operate under the provisions of this chapter. No such deed shall entitle the holder thereof to do any of the acts prohibited by this chapter. (Ord. 175 §6, 1892).

13.04.070 Delivery of deeds.

The mayor is authorized and directed to execute, acknowledge and deliver good and sufficient deeds of conveyance to the purchaser or purchasers of lots in the Wynooche Cemetery. (Ord. 36 §1, 1887).

13.04.080 Attestation and seal of city affixed to deed.

All deeds executed by the mayor shall be attested by the clerk, and the seal of the city of Montesano affixed. (Ord. 36 §2, 1887).

13.04.090 Expenditures--Cemetery fund.

(a)    All moneys deposited in the cemetery fund shall be expended only in improving and beautifying the grounds of the cemetery, carrying forth the operation of the cemetery, and be drawn out of the fund in the manner provided in paying out other funds.

(b)    It shall be the right and duty of the mayor to call the attention of the city council to any improvements and repairs that the mayor may deem necessary to the cemetery. Upon receiving such information from the Mayor, it shall be the right and duty of the city council to consider the recommendations and implement such recommendations to the extent that it deems necessary and appropriate. (Ord. 1314 §7, 1991: Ord. 1253 §6, 1988: Ord. 36 §5, 1887).

13.04.100 Destruction of property--Penalty.

Any person who defaces, breaks, or destroys any monument in the cemetery or injures or destroys any tree, plant, shrub, or flower, or breaks down, injures, or destroys any fence paling, railing, or enclosure either around graves or belonging to the cemetery or commits any act which in any way damages the grounds or property within the cemetery shall upon conviction thereof be subject to punishment as provided in Section 1.08.010 of this code. (Ord. 1314 §8, 1991: Ord. 1253 §7, 1988: Ord. 943 §9, 1972: Ord. 175 §8, 1892).

13.04.110 Grave markers.

All grave markers installed on any graves in the new addition to the cemetery shall be of the height commonly known as grass or ground level markers, which shall not extend above the surface of the ground. (Ord. 1253 §8, 1988).

13.04.120 Rules and requlations--Establishment--Violation--penalty.

Nothing in this chapter shall be construed to prevent or prohibit any person or persons from entering a city cemetery for the purpose of erecting any monument or monuments or beautifying or decorating any grave or graves or visiting the cemetery during the hours of operation established by the city. The city specifically reserves the right and the city council shall have the right and authority to establish hours during which a city cemetery shall be open, as well as to establish such other rules and regulations, including but not limited to, regulations governing the nature of the monuments or improvements to grave sites, the kind of plantings or ornaments allowed, or such other matters related to the operation of a cemetery. As to any such regulations, when established by the city council by written resolution, to the extent allowed by law, any person who knowingly violates such a provision, upon conviction thereof, shall be subject to punishment as provided in Section 1.08.010 of this code. (Ord. 1314 §9, 1991).