Chapter 2.65
CEMETERY*
Sections:
2.65.030 Sale of lots – City manager authority – Purchase price determined by city council.
2.65.040 Execution and sealing of certificates – City clerk authority.
2.65.050 City clerk designated custodian of records – Duties.
2.65.060 Elmwood Cemetery fees and charges for services.
2.65.065 Nonsufficient funds – Debt recovery.
2.65.075 Upright markers – Where permitted.
2.65.080 Marker installation fees.
2.65.090 Burials – When permitted – Additional fee.
2.65.100 Record of lots to be maintained required.
2.65.110 Sale of certain lots restricted.
2.65.120 Sexton – Appointment – Duties – Compensation.
2.65.130 Digging, planting in cemetery permitted when.
2.65.140 Disposition of cremated human remains – Definitions.
2.65.150 Disposition of cremated human remains – Supervision.
2.65.160 Removal of objectionable articles authorized when.
2.65.170 Permit required for burial.
2.65.175 Ownership, transfer of ownership, and usage of lots.
2.65.180 City manager authority.
*For statutory provisions authorizing third class cities to acquire and plat land for cemetery purposes and to provide for the regulation thereof, see RCW 35.24.300; for provisions regarding public cemeteries generally, see generally Chapter 68.12 RCW.
2.65.010 Location designated.
The following described parcels of real estate situated in the county of Yakima, state of Washington, are reserved and set aside for the uses and purposes of a cemetery: All of the northwest quarter of the northwest quarter of the southwest quarter of Section Nine, Township 10 North of Range 20 E.W.M., containing 10 acres, more or less; and all of the southwest quarter of the northwest quarter of the southwest quarter of Section Nine, Township 10 North of Range 20 E.W.M. and the west one-half of the southeast quarter of the northwest quarter of the southwest quarter of Section Nine, Township 10 North of Range 20 E.W.M., containing 14.76 acres, more or less. (Ord. 2004-4 § 1, 2004).
2.65.020 Name designated.
The name of the cemetery shall be “Elmwood Cemetery,” and by that name the described real estate shall be officially platted into lots and blocks for cemetery purposes, and said plat recorded in the offices of the county auditor of Yakima County, Washington. (Ord. 2004-4 § 1, 2004).
2.65.030 Sale of lots – City manager authority – Purchase price determined by city council.
The city manager is authorized and empowered to make, execute and deliver, in the name and for and on behalf of the city, certifications granting unto purchasers the right to use for burial purposes the several lots, blocks, or parts thereof included in the cemetery according to the official plat thereof, upon payment to the city clerk of the purchase price thereof, as such purchase price is therein, or as the same be thereafter fixed by the city council of the city. (Ord. 2004-4 § 1, 2004).
2.65.040 Execution and sealing of certificates – City clerk authority.
The city clerk shall attest the execution of all certificates executed by the city manager as provided in TMC 2.65.030, and shall affix thereto the seal of the city. (Ord. 2004-4 § 1, 2004).
2.65.050 City clerk designated custodian of records – Duties.
The city clerk is appointed custodian of, and it shall be his duty to keep, records of said cemetery, which record shall include the name of the purchaser of each lot or grave, date of purchase, date of interment, name and age of person interred, and if the remains shall have been transferred after interment, the place from or to which the same were transferred. The city shall furnish printed certificates and all forms necessary for the proper keeping of the cemetery records herein required, and pay therefor out of the cemetery fund. (Ord. 2004-4 § 1, 2004).
2.65.060 Elmwood Cemetery fees and charges for services.
Cemetery fees and charges shall be established by resolution of the city council, as amended from time to time.
A. Charges assessed for grave sites, supplies, and services rendered for interments in Elmwood Cemetery, including mausoleum space, grave, perpetual care (maintenance), opening/closing grave, and grave/urn liner.
Provided, however:
1. If an extra large liner is required, there will be a charge for such liner.
2. If a steel vault is used in any grave, no liner shall be required but an additional amount shall be charged for opening and closing of grave.
3. For double-deep burials, there shall be an additional charge payable with the opening and closing cost of the first grave.
B. Removal of remains from one grave to another within Elmwood Cemetery shall involve charges for opening/closing two graves and liner (burial prior to 1980 or as deemed necessary by sexton).
C. Removal of remains from Elmwood Cemetery shall involve charges for opening/closing.
D. Interment of remains in mausoleum shall involve charges for opening/closing. (Ord. 2017-01 § 1, 2017; Ord. 2010-20 § 1, 2010; Ord. 2006-14, 2006; Ord. 2005-15 § 1, 2005; Ord. 2004-4 § 1, 2004).
2.65.065 Nonsufficient funds – Debt recovery.
Debt recovery for nonsufficient funds shall be available to the city as a means of recovering payment for the purchase of burial plots and burial services; and the assessment of NSF fees as authorized by TMC 3.01.070(A). The city reserves the right to seek recovery of payment through all means permitted under the law including submission of debt to collection, as may be deemed appropriate by the finance director and/or as dictated by specific operation guidelines established by the finance department. (Ord. 2023-01 § 2, 2023).
2.65.070 Marker regulations.
A marker must be installed for each grave in which interment is made. The marker shall legibly state, at a minimum, the name, year of birth and year of death of the decedent whose grave is marked. No marker shall be installed except by or under the supervision of the sexton. No marker shall exceed 12 inches in depth or the width of the grave being marked, except that for adjoining graves the marker may equal the combined width of the graves. All markers must be approved by the sexton before they are installed. After a marker has been installed it shall not be modified by any means except upon prior approval by the sexton; provided, that the sexton shall not approve the painting of any installed marker. Painted grave markers are prohibited. Any photograph of a person that was taken while the person was deceased and any other depiction of a deceased person shall be prohibited. (Ord. 2014-2, 2014; Ord. 2005-8 § 1, 2005; Ord. 2004-4 § 1, 2004).
2.65.075 Upright markers – Where permitted.
Upright markers are permitted only in Sections A through G of Elmwood Cemetery, except that they are not permitted on any of the cremation or infant sections therein. Only flat markers shall be used on cremation and infant sites. (Ord. 2010-20 § 2, 2010; Ord. 2005-8 § 2, 2005).
2.65.080 Marker installation fees.
Charges shall be made for the installation of different types and sizes of flat and upright markers and a setting fee for each vase, whether by or under the supervision of the sexton. (Ord. 2017-01 § 1, 2017; Ord. 2010-20 § 3, 2010; Ord. 2006-14, 2006; Ord. 2005-15 § 2, 2005; Ord. 2005-8 § 3, 2005; Ord. 2004-4 § 1, 2004).
2.65.090 Burials – When permitted – Additional fee.
No burials shall be made in, nor any remains removed from or to, another grave within Elmwood Cemetery on any Sunday or legal holiday. No burials shall be made in, nor any remains removed from or to, another grave within Elmwood Cemetery on any Saturday, or a city nonworkday, except with the consent of the sexton. In the event of any burial or removal of remains on a Saturday, or a city nonworkday, an additional fee shall be established by resolution of the city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. 2010-20 § 4, 2010; Ord. 2006-14, 2006; Ord. 2005-15 § 3, 2005; Ord. 2004-4 § 1, 2004).
2.65.100 Record of lots to be maintained required.
The city clerk shall keep a record of all lots, or parts thereof, for which the purchaser has provided perpetual maintenance and care as provided in TMC 3.19.060, which record shall contain the name of the purchaser, date, and amount of payment so paid for perpetual maintenance and care, and the description of the lot, lots, or parts thereof, covered thereby. (Ord. 2004-4 § 1, 2004).
2.65.110 Sale of certain lots restricted.
The first tier of half lots and of whole lots on either side of the driveway leading from the main entrance on the east side of said cemetery, and such other lots as the cemetery committee may hereafter designate, shall be sold only upon provision being made by the purchaser thereof, for the perpetual maintenance and care of the respective lots, so purchased by the payment of the sums provided for in TMC 3.19.060. (Ord. 2004-4 § 1, 2004).
2.65.120 Sexton – Appointment – Duties – Compensation.
The public works director shall serve as sexton and shall have charge of the cemetery and all matters relating thereto as well as other matters and services as directed by the city manager or as required by statute. For such services, payment may be made out of the Elmwood Cemetery funds as the city manager may from time to time determine. (Ord. 2004-4 § 1, 2004).
2.65.130 Digging, planting in cemetery permitted when.
No person or persons shall do any digging, leveling, grading or planting in said cemetery, except that the same be done under the supervision of the sexton or by special written permission of the city manager. (Ord. 2004-4 § 1, 2004).
2.65.140 Disposition of cremated human remains – Definitions.
A. “Cremated remains” means a human body after cremation in a crematory.
B. “Columbarium” means a structure, or space in a building or structure containing niches for permanent inurnment of cremated remains in a place used, or intended to be used, and dedicated, for cemetery purposes.
C. “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.
D. “Inurnment” means placing cremated remains in an urn or vault and placing it in a niche.
E. “Niche” means a space in a columbarium used, or intended to be used, for inurnment of cremated human remains.
F. “Mausoleum” means a structure or building for the entombment of human remains in crypts in a place used or intended to be used and dedicated for cemetery purposes. (Ord. 2004-4 § 1, 2004).
2.65.150 Disposition of cremated human remains – Supervision.
Cremated remains shall not be disposed of in the cemetery except under the supervision of the sexton, and by inurnment in a columbarium or by interment. (Ord. 2004-4 § 1, 2004).
2.65.160 Removal of objectionable articles authorized when.
The sexton shall have the right, without notice, to prohibit or remove from lots any objectionable ornaments, chairs, settees, vases, glass cases, artificial flowers, frames, or any articles that may be objectionable. (Ord. 2004-4 § 1, 2004).
2.65.170 Permit required for burial.
No one will be allowed permission for the burial of dead bodies without written permit from the city or county health officers or coroner, and if said permit is issued outside of the city, a duplicate of the same must be secured from the health officer of the county. (Ord. 2004-4 § 1, 2004).
2.65.175 Ownership, transfer of ownership, and usage of lots.
A. All lots that have been conveyed to individuals by the city are presumed to be the sole and separate property of the owner named in the instrument of conveyance. Such ownership shall not change except in compliance with Chapter 68.32 RCW. A maximum of two people may be interred in one mausoleum crypt or one grave, including double-deep burials and multiple cremains. Infants and cremains may be placed in occupied adult graves with written and notarized consent of the person with the right to give such consent, as set forth in Chapter 68.32 RCW. Such additional burials shall have a flush marker placed adjacent to the existing marker.
B. No transfer or assignment of any lot or mausoleum crypt or interest therein shall be valid without the consent of the city first being had and endorsed upon such transfer document. Such transfer document must bear the notarized signature of the person making the transfer, and must be presented to the public works director immediately, who shall see to it that the same is promptly recorded in the city’s records in the finance department and in the public works department. Permission for the use of graves or crypts will be granted only to the owners who appear as such on the records of the city. In all cases, the city may demand, before granting permission for use, an affidavit and an indemnification agreement from the person applying therefor that he or she is the then owner of the lot or crypt and has not transferred or assigned the same or any part thereof. Such affidavit accompanied by the evidence of transfer of the above mentioned shall relieve the city of any and all liability as to said lot or crypt.
C. The public works director shall establish and maintain written directives for city workers at the cemetery to follow as to the placement and uniform alignment of graves and grave markers. (Ord. 2014-3, 2014).
2.65.180 City manager authority.
In all matters not specifically provided for in this chapter, the city manager or his designee shall have full power and authority to take such action as may seem necessary and proper to him under the circumstances. (Ord. 2004-4 § 1, 2004).
2.65.190 Violation – Penalty.
Any person violating any of the provisions of this chapter or of any rules and regulations established thereunder shall be guilty of a misdemeanor. (Ord. 2004-4 § 1, 2004).