Chapter 8.05
TOWN CEMETERY
Sections:
8.05.030 Interments and disinterments.
8.05.040 Monuments, headstones, plantings.
8.05.050 Conduct within the cemetery.
8.05.010 Definitions.
“Burial” means the placement of human remains in a grave.
“Cemetery business” means any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving or conducting a cemetery property.
“Cremated remains” means human remains after cremation in a crematory.
“Endowment care” means the upkeep of driveways and walks and other improvements belonging to the cemetery, mowing the grass at regular intervals, pruning shrubs and trees and such work as shall be necessary.
“Grave” means a space of ground in a cemetery used, or intended to be used, for burial. General dimensions not to exceed forty-two (42) inches by ninety-six (96) inches.
“Human remains” or “remains” means the body of a deceased person. Includes the body in any stage of decomposition and cremated remains.
“Interment” means the disposition of human remains by cremation and inurnment, entombment, or burial in a place used, or intended to be used, and dedicated for cemetery purposes.
“Lot,” “plot,” or “interment plot” means space in a cemetery used or intended to be used for the interment of human remains. These terms include and apply to one (1) or more than one (1) adjoining graves.
“Nonresident” means a person residing in a town other than the Town of Wilkeson.
“Plot owner,” “owner,” or “lot owner” means any person in whose name an interment plot stands of record as owner, in the Town office.
“Resident” means a resident of the Town of Wilkeson, who at the time of death resides within Town limits. Exception applies for resident who at time of death was receiving care in a hospital or nursing home in another area. [Ord. 2017.01 § 2, 2017].
8.05.020 Cemetery fund.
The cemetery fund is to be continued and operated in accordance with standard accounting procedures established by the State of Washington.
All lots in the Wilkeson Cemetery will be sold with a charge for endowment care included. They are exempt from taxation and cannot be sold for debt or mortgage. Bills due to the Town, for labor and materials supplied, are a lien on the lot until paid. [Ord. 2017.01 § 3, 2017].
8.05.030 Interments and disinterments.
A. All lots are to be purchased at the office of the Town Clerk. Interments will not be made in lots which have not been paid for in full.
B. The fee schedule for all lots, blocks, tracts or parcels of land in the platted portion of said cemetery property shall be fixed and adopted by resolution of the Town Council and filed in the office of the Town Clerk. Said schedule of prices may be changed or altered by like resolution of the Town Council from time to time, as its judgment may be necessary or proper. No lots, tracts or grave spaces shall be sold or disposed of for less than the price named in such schedule which may be in force at the time of such sale or disposal.
C. When interments or disinterments must be made, notice of at least forty-eight (48) hours shall be given to the Town office in order for arrangements to be made.
D. Lots are sold for the burial of human remains only.
E. No interment will be permitted without the proper death certificate or burial permit as required by the Health Authorities.
F. There shall be only one (1) burial per grave, except as follows:
1. Remains of three (3) persons may be interred in a single grave, or the remains of two (2) persons may be interred in a grave where there has been a previous earth burial.
2. The bodies of two (2) children may be interred in a single adult grave; provided, that the size of the combined cases is no longer than a standard grave.
3. Cremation lots are to be twenty-four (24) inches by twenty-four (24) inches for a single and thirty-six (36) inches by thirty-six (36) inches for a companion lot. Headstones for cremation lots are to be approved by the Town office.
G. There shall be no further burials in the old section of the cemetery, with the exception of present lot owners.
H. No disinterment will be allowed without the written consent of one (1) of the following, in the order named: the surviving spouse, the surviving children of the decedent, the surviving parents of the decedent, the surviving brothers or sisters of the decedent. Where written consent is not obtained, permission or order of the Superior Court of Pierce County will be sufficient, provided such permission shall not violate the terms of a written contract or the regulations established for the Wilkeson Cemetery.
I. Upon the death of any owner of lots in the cemetery, the heirs, or assigns or devises of such decedent must, if required, furnish to and file with the Town satisfactory proof of their ownership, and all such papers shall remain with the Town. Without such proof, ownership of such lot cannot be recognized by the Town.
No transfer of any lot or interest therein will be valid without the Town first being notified and endorsed by the Town. The fee for recording and title transfer by the Town of Wilkeson shall be as listed in the fee schedule.
A purchaser or lot owner may permit an interment of one not a member of his family, but an heir may not give permission without the unanimous consent of all the rest of the owners of said lot.
No cemetery lot, tract or grave space purchased from the Town of Wilkeson shall be resold to any person, firm or corporation other than the Town.
The Town will, upon written application, return the purchase price of any lot, tract, or grave space at the price originally charged by the Town. Receipt of purchase price will be required with request.
J. Funerals while within the grounds shall be under the control of the Town of Wilkeson.
K. All charges for opening and closing burial plots, or other services, are payable in advance to the Town Clerk.
L. No burials will be permitted in the cemetery without a reinforced concrete liner. Cremations must be buried in an approved vault to maintain their integrity. Cremated remains not in an approved vault are unable to be moved or disinterred. [Ord. 2018.04 § 1, 2018; Ord. 2017.01 § 4, 2017].
8.05.040 Monuments, headstones, plantings.
A. No lot or grave shall be defined by small trees, shrubs, roses, plants, fences, roping, railings or any other marking that will extend above the ground.
B. No iron work, wire work, seats, benches, boxes, arbors, trellises, tripods or objects of similar description will be allowed on lots except by permission of the Town.
C. In order to secure the best general appearance, all plantings not prohibited above shall be done only in accordance with the established plan under the direction of the Town Council. The Town reserves the right to exclude or remove from any lot any headstones, monuments, or other structures, trees, plants, or any object whatsoever that may conflict with the regulations or which the Town may consider injurious to the general appearance of the grounds. No trees, plants or flowers growing within any lot shall be removed without the consent of the Town Council.
D. The Town reserves the right to lie out, alter, or vacate avenues, walks and roads, to establish the grades of avenues, walks, and roads, and to change these rules and regulations as may be deemed necessary and proper by the Town to secure and promote the general interests of the cemetery. No notice of such intended action shall be required.
E. Each grave may contain one (1) memorial and one (1) official flower vase for each occupant. The memorial shall be of the type and size approved for the specific section of the cemetery. Plot owners shall keep all monumental work placed upon their plots in good repair. The Town does not bind itself to maintain, repair or replace any markers or monuments erected upon a lot. [Ord. 2017.01 § 5, 2017].
8.05.050 Conduct within the cemetery.
A. Persons with dogs must have dogs on a leash at all times within the cemetery. Patrons are asked to clean up after their dog and deposit rubbish in receptacles provided for that purpose.
B. Firearms not allowed in the cemetery except for use in any military service.
C. No vehicle other than for cemetery purposes 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 fifteen (15) miles per hour. No vehicles shall be driven or parked in any part of the cemetery between the hours of sunset or sunrise of each day, except for official Town vehicles.
D. Soliciting for monumental or other kinds of work will not be permitted on the cemetery grounds. Signs and advertisements of every description are strictly prohibited in any part of the cemetery.
E. Lot owners, purchasers, visitors or other persons are prohibited from giving gratuities to any employee for Town service rendered.
F. Picking flowers, breaking or injuring trees or shrubs, or in any way injuring any headstones is prohibited.
G. The Town Council shall have the right to make exceptions from the foregoing rules when deemed advisable for the best interest of the property. Such exception shall not be considered as rescinding or waiving any of these rules.
Any waiver that may be made by the Town Council shall not be considered to be a continuing waiver and shall not bar the Town Council from enforcing the usual rules and regulations at any later time it may be desired to do so.
H. Lost and found articles are to be turned in to the Town Hall office.
I. All paper, rubbish, dead flowers and floral pieces must be deposited by the person responsible in receptacles provided for that purpose.
J. Receptacles for cut flowers should be sunk level with the ground to ensure the safety of such articles and to facilitate the cutting of grass from the grave. Above-surface receptacles will be disposed of by the cemetery caretaker. Floral or other decorations may be removed from lots as soon as they become wilted or unsightly and persons wishing to retain any of the decorations must remove them within forty-eight (48) hours of interment. The Town will not be responsible for anything placed upon graves that may be lost or misplaced. [Ord. 2017.01 § 6, 2017].
8.05.060 Perpetual care.
Repealed by Ord. 2017.01. [Ord. 98.06 § 6, 1998].