Chapter 8.04 CEMETERY

A. The rules and regulations contained in this chapter are made only for the benefit of the lot owners and are designed to limit their rights insofar as such limitations are for the benefit of all. If rules and regulations are not made, the exercise by certain ones of what would seem to be their proper rights would interfere with the rights and enjoyment of others, as well as destroy the general scheme of beauty of the property. No rule has been adopted except as was found obligatory to preserve the rights of all for whom the city considers itself the trustee.

B. This chapter may be changed or amended without notice at any time by the city council, and will be so changed and amended when any rule is found to be detrimental to the best interests of the lot owners as a whole or when new conditions require the adoption of other or further regulations. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 2, 1928. Prior code § 10.02.020)

8.04.020 Waiver of rules.

The city council shall have the right to make exceptions from this chapter when deemed advisable for the best interests of the property; such exceptions shall not be considered as rescinding or waiving any of these rules. Any waiver that may be made by the city council shall not be or be considered to be a continuing waiver and shall not bar the city or city council from enforcing the usual rules and regulations at any later time it may be desired so to do. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 25 (part), 1928. Prior code § 10.02.300)

8.04.030 Lots – Plat and survey.

Repealed by Ord. 2511. (Ord. 378 § 4 (part), 1928. Prior code § 10.02.040)

8.04.040 Lots – Grade.

The grade of all lots is established when the ground is surveyed and no change by the lot owner will be allowed. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 4 (part), 1928. Prior code § 10.02.050)

8.04.050 Lots – Tax-exempt – Sale for debt.

All lots in the Sumner cemetery will be sold with an additional charge for the development fund and endowment care and are conveyed by deed for burial purposes only. They are exempt from taxation and cannot be sold for debt or mortgage. (Ord. 2511 § 1 (part), 2015: Ord. 948 § 2, 1972: Ord. 378 § 4 (part), 1928. Prior code § 10.02.060)

8.04.060 Lots – Conveyance.

All lots in the Sumner cemetery are conveyed to the purchaser by warranty deed when paid in full, but the rights of the purchaser therein are subject to such rules and regulations as are to be made from time to time by the city council. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 1, 1928. Prior code § 10.02.010)

8.04.070 Lots – Transfer.

A. All lot transfers, including the initial and any subsequent transfers, must be executed by deed pursuant to the conditions of and on forms obtainable at the cemetery office.

B. The record of deed kept by the city of Sumner is the only evidence of title recognized by the city which is to govern and control all interments therein. The possession of a deed is not sufficient evidence of the transfer of a lot from the original purchaser, and no sale, transfer or conveyance of any lot or interest therein shall be valid without the consent in writing of the cemetery administrative manager upon such transfer or conveyance.

C. The charge for such a transfer and its recording will be as listed in the fee schedule; provided, that the city will not consent to any transfer of nor recognize for purposes of interment any lots or graves upon which there has not been full payment. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 4 (part), 1928. Prior code § 10.02.070)

8.04.080 Lots – Common ownership.

A. A lot may be held in common ownership, but in such cases only one monument will be permitted on the entire lot.

B. When a lot is held jointly a permit for interment will be granted to either owner or his/her heirs. An agreement may be made between common owners as to the parts of the lots to be used by each, but the city will not undertake to enforce such agreement. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 4 (part), 1928. Prior code § 10.02.080)

8.04.090 Endowment care.

A. No lots or graves will be sold in the Sumner cemetery without endowment care. “Endowment care” includes the upkeep of driveways and walks and other improvements belonging to the cemetery, mowing the grass at reasonable intervals, pruning shrubs and trees and such work as shall be necessary.

B. The city does not bind itself to maintain, repair or replace any grave markers or monumental structures erected upon the lot. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 3, 1928. Prior code § 10.02.030)

8.04.100 Records of ownership.

In case of the death of a lot owner the city will recognize the rights of the surviving wife or husband and next of kin, insofar as it is able to ascertain who such parties are from proofs to be furnished by such surviving spouse or the heirs of the deceased, but it shall not be responsible for errors committed unless they are at once notified of the death of the owner and furnished with legal proof showing who is surviving spouse or the next of kin. It is therefore very important that the heirs or devisees file with the city legal proof of ownership for recording upon its books. The fee for recording and preserving such records by the city of Sumner shall be as listed in the fee schedule. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 5, 1928. Prior code § 10.02.090)

8.04.110 Right to interment.

The question of whose remains shall have the right to the interment in a lot after the death of the lot owner is disclosed as follows:

A. That the surviving wife or husband shall have the first right to interment;

B. The original purchaser may at the time designate whom he wishes to have buried in the lot, which must be recorded on the books of the city; for which the recording will be charged as listed in the fee schedule. This notice must be in writing only, signed and acknowledged before a notary;

C. In case the original purchaser does not make such designation during his/her lifetime, the heirs of such purchaser may by an agreement in writing, duly signed by all of them, determine who among them shall have the right of burial in the lot;

D. In the event the original purchaser or his/her heirs have not arranged for future burials, the direct lineal descendants of such purchaser shall, in the order of their deaths, be entitled to interment therein until the lot shall be filled;

E. In such case, if there are no lineal descendants, then the nearest of kin to the purchaser shall have right to interment in the lot in the order of their deaths, until the lot shall be fully occupied. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 6, 1928. Prior code § 10.02.100)

8.04.120 Reconveyance of lots.

If the lot has been reconveyed in trust to the city, and in that reconveyance it is distinctly stated who is to be buried in the lot, and that nobody now interred in the lot or which may hereafter be buried in it shall ever be removed from it or disturbed, this lot becomes a sacred trust in the hands of the city and the wishes and intentions of the original lot owner will be carried out. A trust deed will be prepared in duplicate and recorded by the city. The recording charge will be as listed in the fee schedule. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 7, 1928. Prior code § 10.02.110)

8.04.130 Funerals – Opening and closing graves.

Funerals while within the grounds shall be under the control of the cemetery administrative manager or his/her designee. (Ord. 2511 § 1 (part), 2015: Ord. 771, 1964: Ord. 378 § 8, 1928. Prior code § 10.02.120)

8.04.140 Sodding of graves.

All graves, except the green burial section, will be sodded or seeded by the city without charge to the lot owners, when the graves shall have thoroughly settled and been made level with the surface of the surrounding lawn. (Ord. 2861 § 1, 2023; Ord. 2511 § 1 (part), 2015: Ord. 378 § 9, 1928. Prior code § 10.02.130)

8.04.150 Interments – Notice.

Whenever interments are to be made, previous notice of at least 24 hours must be given in order that the grave may be properly prepared. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 10, 1928. Prior code § 10.02.140)

8.04.160 Interments – Limitations.

The interment of two bodies in one grave (that is, one above the other) will not be allowed, except in certain sections designed for that purpose. No interment of anything other than a human body will be permitted. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 11, 1928. Prior code § 10.02.150)

8.04.170 Interment – Death certificate required.

No interment will be permitted without the proper death certificate or burial permit as required by the health authorities. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 12, 1928. Prior code § 10.02.160)

8.04.180 Interment – Agreement.

Repealed by Ord. 2511. (Ord. 378 § 13, 1928. Prior code § 10.02.170)

8.04.190 Interment – Friends.

A. A lot is intended as a family burial place of the purchaser, and therefore, while the purchaser may permit the interment in his/her lot of one, not a member of his/her family, an heir cannot, except by the unanimous consent of all the owners; but in no case shall any remuneration or consideration be accepted therefor.

B. Lot owners who desire to give the privilege for future interment to relatives or friends without consideration, must file such instructions with the city in writing, duly signed and acknowledged before a notary. The fee for recording names on the books of the city is as listed in the fee schedule and will be charged for each proposed interment. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 14, 1928. Prior code § 10.02.180)

8.04.200 Interment – Position of grave.

When an interment is to be made the person requesting it must show or designate the exact position of the grave, and give the order in person or in writing, except in the at-need area of the green burial section. (Ord. 2861 § 2, 2023; Ord. 2511 § 1 (part), 2015: Ord. 378 § 15 (part), 1928. Prior code § 10.02.190)

8.04.210 Interment – Lots not paid for.

Interments will not be made in lots which have not been paid in full. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 15 (part), 1928. Prior code § 10.02.200)

8.04.220 Lot transfer after interment.

While there is an interment upon any lot, the city cannot consent to the transfer of conveyance of said lot in whole or in part by none other than the original owner, nor will the city recognize the right of any party claiming burial in any lot so transferred or conveyed unless the permission of the said owner or his/her legal representatives is entered on the records of the city. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 17, 1928. Prior code § 10.02.210)

8.04.230 Disinterment or removal.

A. No disinterment or removal of a body will be allowed without the consent in writing of the surviving husband or wife or next of kin of the person whose body is to be disinterred or removed; also furnish written permit or order for the same from the owner of the lot, or his/her lawful representative and secure the approval of the city.

B. Remains removed from the cemetery must be accompanied by the proper permit as prescribed by law. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 18, 1928. Prior code § 10.02.220)

8.04.240 Care and improvements.

All work in the care and improvement of lots shall be done by employees of the cemetery. No lot or grave shall be defined by fence, railing, coping, hedge, or by any other marking which shall extend above the ground. Boxes, shells, artificial flowers, wire screens, arbors, trellises, tripods, chairs, benches and objects of similar description will not be permitted on any grave or lot. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 19, 1928. Prior code § 10.02.230)

8.04.250 Decoration.

No lot or grave shall be decorated by the owner or other interested therein with any trees, shrubs or plants of permanent nature. This does not, however, exclude the placing of cut flowers upon the graves, which must be placed in receptacles that are level with the ground. Such ground-level receptacles do not obstruct the maintenance work or upkeep. The placing of fresh cut flowers upon the graves in the green burial section may be without a receptacle. Vase holes may be bored into the boulder markers in the green burial section. No person shall place artificial flowers or decorations in the green burial section at any time. Such artificial decor shall be subject to removal by city staff. A suitable vase for each grave will be furnished and set at a nominal charge upon application to the cemetery. 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 48 hours after interment. (Ord. 2861 § 3, 2023; Ord. 2850 § 1, 2023; Ord. 2511 § 1 (part), 2015: Ord. 378 § 20, 1928. Prior code § 10.02.240)

8.04.260 Pruning.

A. No person shall trim or prune or remove any part of any tree or shrub in the cemetery, whether on his/her lot or not. On request, the cemetery administrative manager may do any pruning needed without charge.

B. If any tree or shrub, situated on any lot shall by means of its roots, branches, or otherwise become detrimental, dangerous, or objectionable to the adjacent lots, walks or avenues, the city shall have the right to enter upon the lot and remove the tree or shrub, or any trees or parts thereof as it may see fit. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 21, 1928. Prior code § 10.02.250)

8.04.270 Monuments and memorials.

A. Each grave may contain one memorial and one official flower vase for each occupant. The memorial shall be of the type and size approved for the specific section of the cemetery. Raised headstones shall not exceed 30 inches in height, except monument sections, and all footstones shall be flush with the turf. Plot owners shall keep all monumental work placed upon their plots in good repair. Vase holes may be bored in the boulder markers.

B. The cemetery administrative manager shall contract to install memorials and foundations in accordance with established specifications, standards and requirements.

C. Private persons may install memorials and foundations, provided they comply with cemetery specifications, standards and requirements. Memorial borders and foundations shall be the same size as those installed by the cemetery. The grave location shall be determined by the cemetery staff, the dirt and sod shall be hauled away from the cemetery grounds, and the finished installation shall be approved in writing by a qualified member of the cemetery staff.

D. The setting fee for memorials and foundations installed by private persons shall be reduced in the appropriate category by $10.00. Private person installers must show evidence of coverage of public liability insurance in which the city is a named insured and file a performance bond with the city in the sum of $1,000 for a period of one year to ensure compliance with cemetery specifications, standards and requirements.

E. The setting of memorials and preparation of foundations for monuments shall be paid in advance. Removal of monumental work from any grave plot under claim it is not paid for or other pretense shall not be permitted.

F. The purchase of glass front niches shall be subject to the following conditions:

1. Only regulation metal urns approved by the cemetery administrative manager will be allowed and the urn(s) must accommodate the size of the niche purchased;

2. Only one floral copper vase per niche;

3. Urns may only be used for human cremains;

4. Up to two small picture/photos per urn may be placed in the niche;

5. The glass fronts must remain unaltered; and

6. Niches may be opened only by cemetery staff. (Ord. 2861 § 4, 2023; Ord. 2850 § 2, 2023; Ord. 2511 § 1 (part), 2015: Ord. 1818 § 6, 1997: Ord. 1249 § 1, 1984: Ord. 1116 § 1, 1979: Ord. 378 § 22, 1928. Prior code § 10.02.260)

8.04.280 Saturday and Sunday interments.

Services held on Saturday shall be completed in the morning; therefore, the funeral procession must arrive at the cemetery no later than 11:00 a.m. No cemetery services shall be held on Sunday without prior approval of the cemetery administrative manager. (Ord. 2511 § 1 (part), 2015: Ord. 1445 § 6, 1989; Ord. 1244 § 1, 1983: Ord. 1183 § 1, 1981: Ord. 1116 § 2, 1979: Ord. 1007 § 1, 1975: Ord. 991 § 1, 1975: Ord. 974 § 1, 1974: Ord. 876 § 2, 1968: Ord. 378 § 23, 1928. Prior code § 10.02.270)

8.04.285 Plots and markers – Urn Garden, Block 219.

A. Plots (Graves). Each plot for cremains shall be three feet by three feet in size and shall contain only one set of cremains per plot.

B. Monuments and Memorials. Each plot may contain one marker (memorial) and one official flower vase. The markers shall all be made of granite and shall be uniform in size. The size shall be eight inches by 16 inches and there shall be no concrete border. All markers shall be flush with the turf and plot owners shall be responsible for keeping their respective markers in good repair. The cemetery staff shall be responsible for locating all sites and installing the markers.

C. There shall be one main granite monument, the size of which shall be determined by cemetery staff, located in the center of the Urn Garden. The purpose of this monument shall be for the inscription of names of those whose cremains have been dispersed elsewhere. No cremains shall be dispersed on any city of Sumner Cemetery property. The inscriptions shall consist of the full name of the deceased only and shall be limited to 20 characters, including spaces. No other inscriptions shall be allowed on this monument. (Ord. 2511 § 1 (part), 2015: Ord. 1630 § 1, 1994)

8.04.286 Plot, inscription, and service charges – Urn Garden, Block 219.

Repealed by Ord. 2208. (Ord. 1900 § 1, 1999: Ord. 1818 § 7, 1997: Ord. 1630 § 2, 1994)

8.04.290 Property, merchandise and service charges.

Property, merchandise, and services available at the cemetery will be reflected by a fee schedule approved by the parks and forestry commission and made available at the cemetery office. The parks and forestry commission shall review, adjust, and approve price changes to the fee schedule as needed. The fee schedule will be presented to the city council as needed. (Ord. 2850 § 3, 2023; Ord. 2511 § 1 (part), 2015: Ord. 2215 § 1, 2007; Ord. 2208 § 2, 2007)

8.04.292 Price adjustments.

Repealed by Ord. 2511. (Ord. 1445 §§ 2, 3, 1989)

8.04.294 Earth burial, and scattering of cremated remains.

An extended land use charge shall be made for earth burial of cremated or composted remains on occupied graves and will be charged as listed in the fee schedule. The scattering of human cremated remains in the Sumner Cemetery shall be performed by cemetery staff in designated areas. Composted remains may be used in a traditional burial plot subject to the same fee schedule as traditional burial. As an alternative, the composted material may be placed in the green burial section of the cemetery in a plot or in any designated composting site within the green burial section. Decedent’s name may be inscribed on the city’s Boulder in Memoriam. (Ord. 2861 § 5, 2023; Ord. 2511 § 1 (part), 2015: Ord. 1445 § 4, 1989)

8.04.296 Additional charges when services not prepaid.

Repealed by Ord. 2511. (Ord. 1445 § 5, 1989)

8.04.300 Billing.

Bills due to the city, for labor and materials supplied, are a lien on the lot until paid. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))

8.04.310 Visitors.

A. Picking flowers, breaking or injuring trees or shrubs or in any way injuring any monument or headstone is prohibited and such actions may subject persons to liability and penalty according to state law.

B. If anything is placed on a grave which is deemed improper, it will be removed. Patrons are requested not to offer money to workmen. (Ord. 2511 § 1 (part), 2015: Ord. 378 § 25 (part), 1928. Prior code § 10.02.290 (part))

8.04.320 Green burial section.

A. Allow for burial, only decedents that have not been embalmed or those embalmed only with Green Burial Council approved, nontoxic chemicals shall be permitted to locate in the green burial section.

B. No vault (partial, inverted, or otherwise), a vault lid, concrete box, slab, or partitioned liner is allowed in the green burial section.

C. All burial containers, shrouds, and other associated products shall be made only of natural, biodegradable materials.

D. Boulder markers shall be made from local field stone material provided by the Sumner cemetery. (Ord. 2861 § 6, 2023)