Chapter 10.04


10.04.010    Administration of cemetery.

10.04.020    Endowment care—Financial guidelines.

10.04.030    Burial charges listed.

10.04.040    Interments—Guidelines.

10.04.050    Landscaping and monuments—Specifications—Permit.

10.04.060    Cemetery restrictions.

10.04.070    Recreational activities—Prohibited.

10.04.010 Administration of cemetery.

(a)    Plat to be Recorded. The replat of "Omak Memorial Cemetery" bearing surveyor’s certificate date of April 19, 1976, is approved. The replat shall be recorded with the office of the county auditor, together with dedication of property delineated on the map or plat. dedicating the property exclusively to cemetery purposes.

(b)    Cemetery Supervision. The cemetery shall be part of the public works department and under the direct supervision of the public works director. There shall be a cemetery supervisor who shall direct funerals within the Omak Cemetery and supervise the care and maintenance of the cemetery. The supervisor shall maintain order, enforce the rules and regulations of the city, state laws and the city ordinances necessary to protect the cemetery property. (Ord. 1224 § 1, 1993).

10.04.020 Endowment care—Financial guidelines.

(a)    Deposit of Moneys. The amounts received from the sale of endowment care, as set forth below in Section 10.04.030(b), shall be deposited with the city treasurer and placed in the endowment fund.

(b)    Principal to Remain Inviolable. The principal of all funds for endowment care shall remain irreducible and inviolable, and 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)    Investment. It shall be the duty of the city treasurer to invest all sums set aside from the sale of lots for endowment care. The income from the investments shall be held in trust for the endowment care of the graves in the cemetery. All income received from the investment of the endowment care fund shall be deposited with the city treasurer, kept in a fund known as the cemetery fund, and paid out by the treasurer only for purposes authorized by the city council.

(d)    Expense Fund. All funds coming into the hands of the city treasurer for the cemetery, except for the purpose of endowment care, shall be kept by the city treasurer, in a fund which shall be used for the purpose of operating, maintaining and improving the cemetery. (Ord. 1224 § 2, 1993).

10.04.030 Burial charges listed.

(a)    Dimensions. Grave plots for burial of adults shall be ten feet long and five feet wide. Grave plots for infant burials and cremains shall be five feet long and five feet wide.

(b)    Burial Charges. The following are the burial requirements at the cemetery. There are fees for all services provided by the city at the cemetery. Such fees are set by resolution.

(1)    Infant Burials. One infant casket and one cremains will be permitted per infant space.

(2)    Adult Burials. One adult casket plus one cremains or four cremains will be permitted per adult space.

(3)    Cremains. Two cremains will be permitted per cremains space.

(4)    Headstones. The city will permit the following sizes of headstones in the cemetery and will set these markers in concrete:

(A)    Sixteen inches by thirty-six inches;

(B)    Twelve inches by twenty-five inches;

(C)    Eight inches by sixteen inches.

(5)    Flowers. Metal receptacles and inserts can be purchased through the city. Sales tax charges shall apply to these items in addition to the fee set by resolution.

(6)    Opening and Closing. The city will prepare the site for burials and need forty-eight hours notice in order to do so. The fee for this will be set by resolution.

If the opening and closing occurs on Saturday, Sunday, holidays or with less than forty-eight hours notice, there shall be an extra charge for this service. These fees shall be set by resolution.

(7)    Winter Burials. An additional charge to be set by resolution shall be charged for burials during the winter months when extra equipment is required due to severity of frost level. Applicability of this charge will be at the discretion of the public works director.

(c)    Vaults or Liners Required.

(1)    The use of vaults or liners shall be required for all burials in the cemetery of the city.

(2)    The use of a baby casket-vault combination in lieu of concrete liners for infants is permitted.

(d)    Payment of Charges Required Prior to Interment. The charges for opening/closing of grave, the grave space, and the endowment care of the grave shall be paid in full before any interment shall be permitted. In the events any grave space or spaces have been secured prior to the passage of the ordinance codified in this chapter, all charges other-than for the grave space or spaces shall be paid in full before any interment shall be permitted. This payment may be made either in cash or by return of grave space to the city.

(e)    City Purchase of Unoccupied Space. The city is authorized to purchase unoccupied space and plots in the cemetery from private owners thereof at a price not to exceed the original price paid by the persons to the city for such lots.

(f)    Resale by City. The city is authorized to resell such repurchased plots in the Omak cemetery in the manner provided by city ordinance for the sale of cemetery property owned by city.

(g)    Change of Charges. The charges for grave space, for opening and closing a grave and for endowment care set forth in subsection (b) of this section may be changed from time to time by ordinance of the city council.

(h)    Burial of Nonresidents on Welfare. Nonresident burials for individuals on welfare shall not be permitted in the city’s cemetery.

(i)    Ownership Records. The city shall keep an accurate and permanent record of ownership of plots in the cemetery which have been conveyed by the city, and of all transfers of plots in the cemetery. At the present time, the records shall be kept by the city treasurer and the cemetery supervisor shall keep a duplicate copy in his office.

(j)    Deed or Certificate of Ownership. Upon the payment in full of all charges for grave space, and the endowment care of the grave, the city shall give to the purchaser a certificate or deed of ownership to the burial plot in question. In the deed of ownership, the city shall agree to furnish endowment care to the grave in the plot described in the ownership document. (Ord. 1461 § 1, 2001; Ord. 1418 § 23, 1999; Ord. 1224 § 3, 1993).

10.04.040 Interments—Guidelines.

(a)    Lot Price. Lots may be purchased at the office of the city clerk. Interment will not be permitted in lots not paid for. Lots shall be sold at prices fixed by the city council.

(b)    Lots for Human Dead Only. Lots are sold for the purpose of burial of the human dead only.

(c)    Burial Permit Required. No burial will be permitted in the cemetery without a proper burial permit as required by state laws.

(d)    Interment, Cremation Records. A record shall be kept by the city clerk of all remains interred or cremated. In each case, the date of interment or cremation, and the name/address of the funeral director, in addition to the information from the above-required burial permit, shall be kept as part of the record of interment.

(e)    Proof of Ownership. On the death of any owner of a lot(s) in the cemetery, the heirs, assignees, or devises of the decedent must furnish to the city satisfactory proof of ownership of any such lot(s).

(f)    Lot transfer. No transfer of any lot or lots. or interest therein, will be valid without the consent of the city first being had and endorsed upon the transfer. and the transfer will be endorsed on the books of the city.

(g)    Disinterment. No disinterment will be allowed without a permit from the registrar of the district in which the Omak Cemetery is located, and the permission of the city, 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 supervisor, except when such disinterment is made by the order of the court and then proper receipt for the remains must be given. Costs for disinterments will be the same as for interments as outlined in Section 10.04.030(b).

(h)    Interments by the City. All interments shall be done under the direction and supervision of the cemetery supervisor or other designated city employee. (Ord. 1224 § 4, 1993).

10.04.050 Landscaping and monuments—Specifications—Permit.

(a)    Compliance to Planting Plan—Required. In order to secure the best general appearance, the city requires that all plants shall be done only in accordance with the established plan under the direction of the cemetery supervisor.

(b)    Grade of Lot. No lot shall be raised above the contour of the surrounding ground. To insure the proper development of the grounds, the grade of lots will be determined by the city.

(c)    Lot of Enclosures Prohibited. No coping or any kind or enclosure will be permitted. Boundaries of lots will be marked by cornerstones 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 altered or moved.

(d)    Location of memorial. No ironworks or wirework, and no seats or benches, trees, shrubs, roses, or other plants, will be allowed on lots. However, if someone wishes to donate 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, who shall decide where the same is located.

(e)    Removal by City. 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.

(f)    Alteration of Walks, Avenues. 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 those 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.

(g)    Flat Markers—Required. All monuments or markers placed upon any grave or lot in the cemetery shall be what is commonly referred to as a "flat marker" of a size not to exceed twelve inches by twenty-four inches for a single marker or sixteen inches by thirty-six inches for a double marker and shall be set flush with the contour of the ground with the base extending four to six inches on all sides of the marker according to the size of the marker. Monuments and slant face stones installed in sections of the cemetery prior to 1947 shall be permitted to remain as installed.

The city shall set all markers upon a concrete base and installation shall be done by the supervisor or under his direct supervision. The fee to be charged for the installation of markers is listed in Section 10.04.030(b).

(h)    Permit Required for Placement. No monument company or any other person or persons, including relatives of persons buried in the Omak cemetery, shall place any grave marker or monument, on any grave nor any other point in the cemetery.

(i)    Damages. The city shall not be responsible for anything removable that may be placed or left on any grave or lot. (Ord. 1224 § 5, 1993).

10.04.060 Cemetery restrictions.

(a)    Disorderly Conduct Prohibited. All persons disturbing the quiet or good order of the cemetery by noises or disorderly or improper conduct, or who shall violate any of the rules and regulations pertaining to the cemetery of the city contained herein or hereafter made, will be ejected from the cemetery.

(b)    Speed Limit. No vehicles shall be driven in any part of the cemetery except on the driveways laid out for that purpose. Automobiles shall not be driven in the cemetery at a speed exceeding ten miles per hour.

(c)    Signs Prohibited. Signs and advertisements are prohibited in any part of the cemetery. except those signs which are posted by the city.

(d)    Firearms, Pets Prohibited. Pets and firearms are prohibited in the Omak city cemetery; however, rifles are permitted to be borne by those participating in military funerals.

(e)    Malicious Mischief. Every person is guilty of gross misdemeanor who unlawfully or without right, wilfully does any of the following:

(1)    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;

(2)    Destroys, cuts, breaks, removes or injures any building, statuary, ornamentation, trees, shrubs, flowers, or plants within the limits of the cemetery;

(3)    Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment. (Ord. 1224 § 6, 1993).

10.04.070 Recreational activities—Prohibited.

Recreational activities in the cemetery are prohibited. Recreational activities. for the purpose of this section shall include, but not be limited to. picnics. any type of ball playing, golf playing, playing with frisbees, racing, etc. (Ord. 1224 § 7, 1993).