Chapter 12.28 MOUNTAIN VIEW CEMETERY REGULATIONS

B. Plot, Grave and Niche Defined. “Plot” means space in the cemetery used, or intended to be used, for the interment of human remains. The term includes and applies to one or more than one adjoining grave. “Grave” means a space of ground in a burial park used or intended to be used for burial. “Niche” means a space in a columbarium used, or intended to be used, for interment of cremated human remains.

C. “Interment” means the disposition of human remains or cremains by burial.

D. “City” means the city of Leavenworth.

E. “Memorial” means a monument, marker, tablet, headstone or tombstone that shall be flush with the ground. No upright or memorials that extend above the surface of the lawn shall be permitted. This definition applies only to individual burials. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1023 § 1, 1996; Ord. 924 § 1, 1992.]

12.28.020 General supervision of cemetery.

A. Cemetery Management in Charge of Funeral. All funerals, on reaching the cemetery, shall be under the supervision of the public works director, or his/her designee.

B. Casket or Urn Not to Be Opened or Body Touched Without Consent. Once the funeral service is completed and the casket or urn is placed, the city reserves the right to refuse permission to anyone to open the casket or urn, or to touch the body without consent of the legal representative of the deceased or without a court order; provided, that in the event necessity requires, the city may take appropriate steps to correct any obnoxious or improper conditions. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1023 § 2, 1996; Ord. 924 § 2, 1992.]

12.28.030 Rates and fees.

Effective January 1, 1999, prices for cemetery services, cemetery lots and niches in Mountain View Cemetery shall be set by resolution of the Leavenworth city council from time to time and said rates and fees shall be on file at the office of the city clerk-treasurer. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1103 § 1, 1998; Ord. 1023 § 3, 1996; Ord. 973 § 1, 1995; Ord. 924 § 3, 1992.]

12.28.040 Interments and disinterments – Subject to laws.

Besides being subject to the rules and regulations set out in this chapter, all interments, disinterments and removals are made subject to the orders and laws of the properly constituted authorities of the city, county and state. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(A), 1992.]

12.28.050 Hours of interments.

No interments, disinterments, removals or interment service shall be permitted on Sundays, or on any designated city holidays, except in the case of contagious disease as directed by the health department. Funeral directors shall be required to conclude interments, inurnments, and services by the time specified herein and direct those attending to leave the cemetery within 30 minutes after the conclusion of the service. All interments, inurnments and services must be concluded and those attending leave the cemetery not later than 3:00 p.m. Monday through Friday, or 12:00 p.m. on Saturday. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(B), 1992.]

12.28.060 Notice required.

The right is reserved by the city to insist upon at least 48 hours’ notice before any interment, at least one week’s notice prior to any disinterment or removal. The city may refuse to make an interment until a more expedient time if the remains arrive at the cemetery entrance after 2:30 p.m., or if too many funerals arrive at the same hour. All instructions as to interments must be given in writing to the public works director or his/her designee at least 48 hours prior to placement. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(C), 1992.]

12.28.070 Authorization to inter.

The city may inter or open a plot for any purpose on proper authorization by any plot owner of record or authorized agent, unless there are written instructions to the contrary on file in the office. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(D), 1992.]

12.28.080 Concrete or steel liner/grave box required.

The casket in every earth interment shall be enclosed in a concrete liner/grave box, or concrete or steel vault that is acceptable to the city. No interment or inurnment will be permitted in the cemetery without a city approved concrete liner. Skilled vault operators must be provided and paid by the lot owner for the handling and sealing of the vault. Handling and sealing of the vault must be performed under the supervision of a licensed funeral home. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(E), 1992.]

12.28.090 Location of interment space.

When instructions from the plot owner regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened where specified, the public works director or his/her designee, may, in his or her discretion, open it in such location in the plot as he or she deems best and proper so as not to delay the funeral. The city shall not be liable in damages for an error made in conduct of such activity. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1023 § 4, 1996; Ord. 924 § 4(F), 1992.]

12.28.100 Orders given by telephone.

The city shall not be held responsible for any order given by telephone, or for any mistake occurring from the want of precise and proper instructions as to the particular space, size and location in a plot where interment is desired. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(G), 1992.]

12.28.110 City reserves right to correct.

The city reserves, and shall have, the right to correct any errors that may be made by it either in making interments, disinterments or removals, or in the description, transfer or conveyance of any interment property, either by cancelling such conveyance and substituting and conveying in lieu thereof other interment property of equal value and similar location as far as possible, or as may be selected by the city, or, in the sole discretion of the city, by refunding the amount of money paid on account of said purchase. In the event the error shall involve the interment of the remains of any person in such property, the city reserves, and shall have, the right to remove and reinter the remains to such other property of equal value and similar locations as may be substituted and conveyed in lieu thereof. The city shall also have the right to correct any errors made by placing an improper inscription, including an incorrect name or date on the memorial. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(H), 1992.]

12.28.120 Delays in interments caused by protests – City not liable.

The city shall be in no way liable for any delay in the interment of a body where a protest to the interment has been made, or where the rules and regulations have not been complied with; and, further, the city reserves the right, under such circumstances, to refuse to accept the body for interment until the full rights have been determined. The city may require any protest to be in writing and filed in the office of the city clerk-treasurer. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(I), 1992.]

12.28.130 City not liable for identity or permit.

The city shall not be liable for the interment permit nor for the identity of the person sought to be interred. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(J), 1992.]

12.28.140 No memorial permitted unless property paid for.

No memorial shall be permitted or placed in or on any property not fully paid for, except by special consent of the city in writing in each and every case, and, in the event such consent is given, any and all memorials placed in or on the property shall be considered temporary. The city, further, shall have the right to remove any memorial that may have been placed on said property.

Holds may be placed on cemetery plots for no more than one week. If the time allotted expires, the hold on the plot will be released and made available for purchase. No payment is necessary to place a hold. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(K), 1992.]

12.28.150 Interment of more than one body allowed when.

It is normal practice to allow only one burial per space; however, certain double burials will be allowed involving parent/child burial or cremated remains. A parent/child may be buried in the same grave space but must be in the same casket. The city must approve every parent/child burial on an individual basis regarding size and age of deceased. The general guideline is that the child must be under two years of age. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(L), 1992.]

12.28.155 Interment of one body and one cremains allowed.

There shall be allowed only one burial and one cremation interred in one grave, or two cremations in one grave or niche module. At the time more than one interment/inurnment is placed, the city will charge an extended use fee. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1023 § 5, 1996.]

12.28.160 City’s equipment must be used.

Tents, artificial grass, lowering devices and other equipment owned by the city shall be used exclusively in making interments, disinterments and removals, except in the case of vaults or otherwise with written consent of the city. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(M), 1992.]

12.28.170 Removal for profit prohibited.

Removal, by the heirs, of a body so that the plot may be sold for profit to themselves, or removal contrary to the expressed or implied wish of the original plot owner, is repugnant to the ordinary sense of decency and is absolutely forbidden. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(N), 1992.]

12.28.180 Care in removal – City not liable for damages.

The city shall exercise due care in making a disinterment and removal, but it shall assume no liability for damage to any casket or burial case incurred in making the disinterment and removal. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(O), 1992.]

12.28.190 Payment of service charges.

The charges for the cemetery services must be paid at the time of the issuance of the order of interment or disinterment and removal. All charges related to the opening and closing of graves shall be made directly to the city of Leavenworth finance department by the funeral directors or others requesting the service. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 4(P), 1992.]

12.28.200 Property rights of plot owners.

A. Interment Rights of Plot Owners.

1. All plots conveyed to individuals are presumed to be the sole and separate property of the owner named in the instrument of conveyance. The spouse of an owner of any plot containing more than one interment space has a vested right of interment of his remains in the plot and any person thereafter becoming the spouse of the owner has a vested right of interment of his remains in the plot if more than one interment space is unoccupied at the time the person becomes the spouse of the owner.

2. No conveyance or other action of the owner without the written consent or joinder of the spouse of the owner divests the spouse of a vested right of interment, except that a final decree of divorce between them terminated the vested right of interment unless otherwise provided in the decree.

3. In a conveyance to two or more persons as joint tenants, each joint tenant has a vested right of interment in the plot conveyed. Upon death of a joint tenant, the title to the plot held in joint tenancy immediately vests to the survivors, subject to the vested right of interment of the remains of the deceased joint tenant. A vested right of interment may be waived and is terminated upon the interment elsewhere of the remains of the person in whom vested. An affidavit by a person having knowledge of the facts setting forth the fact of the death of the owner and the name of the person or persons entitled to the use of the plot is complete authorization to the city to permit the use of the unoccupied portions of the plot by the person entitled to the use of it.

4. When there are several owners of a plot, or of rights of interment in it, they may designate one or more persons to represent the plot and file written notice of designation with the city. In the absence of such notice or of written objection to so doing, the city is not liable to any owner for interring or permitting an interment in the plot upon the request or direction of any co-owner of the plot.

5. No vested right of interment gives to any person the right to have his remains interred in any interment space in which the remains of any deceased person having prior vested rights of interment have been interred, nor does it give any person the right to have the remains of more than one deceased person interred in a single interment space in violation of the rules and regulations of the cemetery.

B. Descent of Right of Interment. If no interment is made in an interment plot which has been transferred by certificate of ownership to an individual owner, upon the death of the owner, unless he has disposed of the plot either in his will by a specific devise or by a written declaration filed and recorded in the office of the city clerk-treasurer, the plot descends to the heirs at law of the owner subject to the rights of interment of the decedent and his surviving spouse. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 5, 1992.]

12.28.210 Transfers or assignments of plots.

A. Consent of City. No transfer or assignment of any plot, or interest therein, shall be valid until the consent of the city has been endorsed thereon and the same has been recorded on the books of the city.

B. Indebtedness. The city may refuse to consent to a transfer or to an assignment as long as there is any indebtedness due the city from the record plot owner.

C. If the original holder(s) of a cemetery deed is/are deceased and a legitimate direct heir requests that the right of interment in the grave(s) be put into their name(s), the city will request, at a minimum, the following by the heir(s):

1. Proof of relationship, i.e., birth certificate, deceased relative’s marriage license or birth certificate, etc. A copy of this documentation for the city’s cemetery files will also be required.

2. If no proof exists, or if person(s) seeking the transfer is/are not a “direct” heir(s), the city will request for them to produce a notarized letter from at least two different family members, preferably from two different generations, acknowledging that no other family member(s) or other person(s) have an interest in the right of interment. In addition, when the circumstances in subsection (B) of this section exist, the city requires the person(s) seeking to gain interest in interment in the grave(s) to sign a release form, which exempts the city from any claims arriving out of such transfer(s).

D. In the instance of a holder of a cemetery lot certificate wishing to sell or transfer his or her interest in interment to another individual, a notarized statement outlining such is required and will be placed on file at the city clerk’s office. All original paperwork from the initial sale of the plot must be made available to the city clerk’s office as well.

E. Transfer Charges. The city shall charge a transfer fee. Rates for these charges are subject to change at the discretion of the city. No transfer of a right of interment under a cemetery lot certificate shall be complete or effective until all fees are paid.

F. Reconveyance. The holder of a cemetery lot certificate shall have the right of burial and shall allow no interments for remuneration. Any person holding burial rights and not having used any part of the lot wishing to give up such rights may re-convey the rights to the city and will be paid the amount of the original purchase price, minus an administrative fee as set forth by city council resolution. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 6, 1992.]

12.28.220 Control of work by city.

A. Work to Be Done by City. All grading, landscape work and improvements of any kind, and all care on plots shall be done, and all trees and shrubs and herbage of any kind shall be planted, trimmed, cut or removed, and all openings and closings of plots, and all interments, disinterments, and removals shall be done by the city.

B. City Must Direct and May Remove Improvements. All improvements or alterations of individual property in the cemetery shall be under the direction and approval of the city; and should they be made without its written consent, the city shall have the right to remove, alter or change such improvements or alterations at the expense of the plot owner, or, in any event, at any time, in its judgment, they become unsightly to the eye. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 7, 1992.]

12.28.230 Decoration of plots.

A. Floral Regulations. The city shall have authority to remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the judgment of the public works director or his/her designee, they become unsightly, dangerous, detrimental or diseased, or when they do not conform to the standards maintained. The city shall not be liable for floral pieces, baskets or frames in which or to which such floral pieces are attached. The city shall not be liable for lost, misplaced or broken flower vases. The city shall not be responsible for plants, herbage or planting of any kind damaged by the elements, thieves, vandals or by other causes beyond its control. The city reserves the right to regulate the method of decorating plots so that a uniform beauty may be maintained. The city reserves the right to prevent the removal of any flowers, floral designs, trees, shrubs or plants or herbage of any kind, unless it gives its consent.

B. Removal of Floral Frames. Floral frames when removed from the plot site, unless called for within five days by those lawfully entitled to them, may be disposed of by the city in any manner it sees fit.

C. Certain Ornaments Prohibited. The placing of boxes, shells, toys, metal designs, ornaments, chairs, settees, vases, glass, wood or iron cases, and similar articles upon plots shall not be permitted, and, if so placed, the city may remove the same. The city shall at each interment place one proper in-ground floral vase that would remain at the burial plot. A maximum of two vases per cemetery plot will be allowed.

D. Name Plates Subject to Approval. All fittings, adornments, inscriptions and name plates are subject to approval and control of, and acceptance or rejection by, the city.

E. No artificial grave decorations shall be placed in the cemetery between March 1st and November 1st of each year.

F. The city is not responsible for reimbursement for any plants or decorations removed by city staff, or damage that may have been caused by the maintenance crew. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 8, 1992.]

12.28.240 Roadways and replatting.

A. Right to Replat, Regrade and Use Property. The right and privilege, at any time and from time to time, to resurvey, enlarge, diminish, replat, alter in shape or size, or otherwise to change all or any part, portion or subdivision of the property mapped and platted (including the right to lay out, establish, close, eliminate or otherwise modify or change the location of roads, walks or drives) and to file amended maps or plats thereof, and to use the same for the erection of buildings, or for any purposes or uses connected with, incident to or convenient for the care, preservation or preparation for the disposal or interment of human dead bodies, or other cemetery purposes, together with easements and rights-of-way over and through said premises for, and the right of installing, maintaining and operating pipelines, conduits or drains for sprinklers, drainage, electric or communication lines, or for any other purposes, is hereby expressly reserved. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 9, 1992.]

12.28.250 Conduct of persons within the cemetery.

A. Children. Children under the age of 16 years of age shall not be allowed within the cemetery unless accompanied by a parent or a chaperone at least 18 years of age. Exceptions to this rule are allowed for persons attending an authorized funeral, placing flowers on a gravesite of a deceased relative or friend, or performing any other customary respect or respectful actions consistent with environment maintained within the cemetery.

B. Flowers, Etc. All persons are prohibited from gathering flowers within the cemetery grounds, either wild or cultivated, or breaking trees, shrubbery or plants, or feeding or disturbing the birds.

C. Refreshments. No person shall be permitted to have refreshments within the cemetery, except as authorized by the city.

D. Loitering Prohibited. Persons other than plot owners or relatives shall not be permitted to loiter in the cemetery, or in any of the buildings.

E. Rubbish. The throwing of rubbish on the drives and paths, or on any part of the grounds, or in the buildings, is prohibited. Receptacles for waste material will be located in convenient places.

F. Automobiles. Automobiles shall not be driven through the grounds at a greater speed than five miles per hour. Automobiles are not allowed to park or to come to a full stop in front of an open grave unless such automobiles are in attendance at the funeral. No vehicle should be driven or parked without permission in any part of the cemetery between the hours of 10:00 p.m. and 6:00 a.m. of each day.

G. Bicycles and Motorcycles. No bicycles or motorcycles shall be admitted to the cemetery except such as may be in attendance at funerals or on business.

H. Peddling or Soliciting. Peddling or solicitation of any kind is strictly forbidden at any time in the cemetery without the approval of the city.

I. Firearms. No firearms shall be discharged within the cemetery except in special permit from the city or duly constituted authorities.

J. Notices and Advertisements. No signs or notices or advertisements of any kind shall be allowed in the cemetery, unless placed by the city.

K. Enforcement of Cemetery Rules and Regulations. The public works director and such other employees as the city may designate are hereby empowered to enforce all rules and regulations, and to exclude from the property of the cemetery any person violating the same. The public works director and his/her designated employees shall have charge of the grounds and buildings, and shall have control over all persons in the cemetery, including the conduct of funerals, traffic, employees, plot owners and visitors.

L. Animals. It is unlawful to bring, cause, or permit a dog or any animal to enter the cemetery, except service dogs, unless confined inside a vehicle. [Ord. 1528 § 1 (Att. A), 2016; Ord. 1430 § 3, 2012; Ord. 924 § 10, 1992.]

12.28.260 Protection against loss or damages.

A. Use of Guards and Nonresponsibility.

1. The city shall have the right to maintain guards if, in its discretion, it deems it necessary but is under no legal obligation to do so.

2. Whether or not guards are used, the city distinctly disclaims all responsibility for loss or damage from causes beyond its reasonable control, and especially, from damage caused by the elements, and acts of God, common enemy, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or order of any military or civil authority, whether the damage be direct or collateral.

B. City May Charge for Unusual Repairs Necessitated by Acts of God, Etc. If any of the conditions listed in subsection (A) of this section happen, then the city shall give a 10-day written notice of the necessity for such repair to the plot owner of record. The notice shall be given by depositing the same in the United States mail addressed to the plot owner of record at his or her address stated on the books of the city. In the event the plot owner fails to repair the damage within a reasonable time, the city may direct that the repairs be made and charge the expense against the plot and to the plot owner of record. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 11, 1992.]

12.28.270 Memorials.

A. Types of Memorial to Be Allowed. Only granite, bronze or marble memorials are permitted in the cemetery. All markers must be not less than three inches nor larger than four inches thick. All private memorials shall be flush with the ground. No private uprights shall be allowed. No temporary markers will be allowed. No more than one marker per interment/inurnment. No more than two markers per burial plot will be allowed.

B. Placement by City. All memorial tablets must be installed by the city, or an approved designee; a setting fee shall be paid before the work is completed. The city will not allow installation of any memorial unless plots are paid in full. Marker installation may be performed during the period of May through September. An installation appointment must be made with the city, by the monument company, or responsible party, at least 72 hours prior to installation.

C. Errors in Placing of Memorials. The city reserves and shall have the right to correct any error that may be made by its employees or by any other person or persons in the location or placing of a memorial in the cemetery.

D. Memorial Sizes. All private memorials shall conform to the following size specifications:

1. Infant/youth/cremains: 12 inches by 12 inches, all granite, no concrete, no rough cut.

2. Adult.

a. Single memorial: 12 inches by 24 inches with a four-inch concrete border or 20 inches by 32 inches, all granite.

b. Companion memorial: may be 12 inches by 36 inches with a four-inch concrete border or 20 inches by 44 inches, all granite.

E. Memorial Setting Fees. (Shall be set by resolution of the Leavenworth city council.)

F. Special Plantings. Special plantings and their placement must be approved by the parks supervisor and public works director.

G. Special Memorials. Special memorials, proposed by civic organizations or other groups, may be placed; provided, that they receive approval of the parks supervisor and the public works director.

H. Liability for Damage. The city shall not be held liable for damage to markers, including any damage caused during cemetery maintenance or resulting from city moving or transferring the markers for interment purposes. [Ord. 1680 § 1 (Exh. A), 2023; Ord. 1670 § 1 (Att. A), 2023; Ord. 1528 § 1 (Att. A), 2016; Ord. 973 § 2, 1995; Ord. 924 § 12, 1992.]

12.28.275 Purchase of lots on contract.

There is established a cemetery fund. The city clerk or the clerk’s designee is authorized to enter into agreements with individuals under the terms of which said persons may purchase a cemetery plot at a price specified by the city. Under the terms of said agreement, an initial payment of not less than 20 percent of the total purchase price shall be made to the city by such purchaser. A sum equal to the balance of the total purchase price with service fee of said plot shall be paid to the city within 12 months of the date of initial payment, all said payments to be made to the city or designee and placed into the cemetery fund. This agreement shall provide that upon payment of the full purchase price within 12 months, the purchaser will be issued the usual evidence of ownership of said grave by the city. In the event payments, including the service charge, are not made by the purchaser within the 12-month period, the service charge will be retained by the city and the remainder shall be returned to the purchaser and the right to purchase the grave and all interest of the purchaser in the grave shall terminate and the city may sell the grave to other parties at its discretion. [Ord. 1528 § 1 (Att. A), 2016.]

12.28.280 Certificate and rules and regulations sole agreement.

A. Agreement.

1. The certificate of purchase or endowment care agreement and these rules and regulations, and any amendments thereto, shall be the sole agreement between the city and the plot owners.

2. All property owners and persons within the cemetery, and all plots sold, shall be subject to the rules and regulations and subject, further, to such other rules and regulations, amendments or alterations as shall be adopted by the city from time to time; and the reference to these rules and regulations in the certificate of ownership to plots shall have the same force and effect as if set forth in full therein. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 13, 1992.]

12.28.290 Modifications and amendments.

A. Exceptions and Modifications. Special cases may arise in which the literal enforcement of a rule may impose unnecessary hardship. The city, therefore, reserves the right, without notice, to make exceptions, suspensions or modifications in any of these rules and regulations when, in its judgment, the same appears advisable; and such temporary exception, suspension or modification shall in no way be construed as affecting the general application of such rule.

B. Amendments. The city may, and it hereby expressly reserves the right, at any time or times, to adopt new rules and regulations, or to amend, alter or repeal any rule, regulation, article, section, paragraph or sentence in these rules and regulations. [Ord. 1528 § 1 (Att. A), 2016; Ord. 924 § 14, 1992.]