HomeMy WebLinkAbout1311ORDINANCE NO. 1311.
AN ORDINANCE providing for the organization, management and control,
use and disposition of property acquired for cemetery puropses; the creation of
certain funds thereto; fixing and defining rules and regulations for the uses and
privileges of Ocean View Cemetery; providing for perpetual care thereof, and
repealing Ordinance No. 1300 passed the 2nd day of April, 1953, and all other
Ordinances or parts of Ordinances in conflict therewith.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS:
SECTION I DEFINITIONS:
a. "Human remains" or "remains" means the body of a deceased person,
and includes the body in any stage of decomposition and cremated
remains.
b. "Cremated Remains" means human remains after cremation in a
crematory. •
c. "Interment" means the disposition of human remains by cremation
and inurment, entombment, or burial in a place used, or intended
to be used and dedicated, for cemetery purposes.
d. "Burial" means the_ placementDofc.human remains in a grave.
e. "Grave" means a space of ground in a cemetery used, or intended
to be used for burial. General dimensions not to exceed 9, by 41
f. "Cemetery Business" and Cemetery Purposes" are used interchange-
ably and mean any and all business and purposes requisite to,
nedessary for, or incident to, establishing, maintaining, operat-
ing, improving, or conducting cemetery property.
g. "Lot ", "Plot ", or "Interment Plot" means space in a cemetery used
or intended to be used for the interment of human remains, such
terms include and apply to one or more than one adjoining graves.
h. "Plot Owner ", "Owner, or "Lot Owner" means any person in whose '
name an interment plot stands of record as owner, in the city
office.
SECTION II CEMETERY FUND:
a. That there be and is hereby created in the City Treasury a fund to
be known as the "Cemetery Fund" into which shall be paid 50% of
receipts of the sale of lots and any other income received from
and through the operation of the cemetery, including income from
the investment of Cemetery Perpetual Care Fluid and receipts from
taxes levied annually as provided for in the annual city budget.
b. That there shall be provided in the annual budget of the city an
estimate of receipts and expenses of such cemetery fund sufficient
to cover necessary operation, maintenance and capital improvements
or additions thereto, and that a tax be levied annually for any
deficit of receipts to anticipated expenditures.
c. The cemetery fund hereby created shall be used solely for the
disbursement of all expenditures authorized in such budget for
the operation, maintenance and capital improvements of such cemeter*
including all costs of management and labor as contemplated by
such annual budget.
SECTION III PERPETUAL CARE FUND:
L That there is hereby created in the treasury of the City a fund to be
esignated as the "Cemetery Perpetual Care Fund" into which shall be deposited
60,E of the receipts of the sale of lots, tracts or parcels of land sold for burial!,
urposes, and the full amount of any other gifts, donations, bequeaths or grants.
Said fund shall be kept perpetually invested from time to time in safe investments
s directed by the City Council. The earnings of said funds so invested shall be
sed for the perpetual care of the lots and tracts or parcels of land so sold.
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b. No vehicle other than for cemetery purpose 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 vehicle shall be
driven or parked within any part of the cemetery between the hours
of sunset and sunrise of each day. Any person violating this
section shall be guilty of a misdemeanor and shall be punished by
a fine not to exceed One Hundred 4100.00) Dollars and confinement
within the city jail not to exceed thirty days or both such fine
and imprisonment.
c. Soliciting for monumental or other kind of work will not be per -
mitted on the cemetery grounds. Signs and advertisement of every
description are strictly prohibited in any part of the cemetery.
d. Lot owners, purchasers, visitors or other persons are prohibited
from giving gratuities to any employee for service rendered.
Employees accepting same shall be immediately discharged.
e. Picking flowers,breaking or injuring trees, or shrubs, or in any
way injuring any monument or headstone is prohibited. Any person
violating this section shall be guilty of a misdemeanor and
punished as provided in section b hereof.
f. The City Council shall have the right to make exceptions to 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
City Council shall not be or be considered to be a continuing
waiver and shall not bar the City Council from enforcing the usual
rules and regulations at any later time it may desire to do so.
g. Lost and found articles are to be turned in to the City C]e rkts
Office.
h. All paper, rubbish, dead flowers and floral pieces must be deposited
by the person responsible therefor3in receptacles provided for the
purpose.
i. Receptacles for cut flowers must be sunk level with the ground to
insure the safety of such articles and to facilitate the cutting
of grass from the grave. Tin cans, glass jars, or boxes are pro-
hibited. Proper receptacles may be purchased and installed from
the cemetery sexton at established prices. The City reserves the
right to remove and dispose of all unapproved receptacles without
notice to plot owners. Further, the City will not be responsible
for anything placed upon graves which may be lost or misplaced.
,SECTION VII PERPETUAL CARE:
a. No lots or graves shall be sold in the Ocean View Cemetery without
perpetual care.
b. The City does not bind itself to maintain, repair or replace any
grave markers or monumental structures erected upon the lots. If
such repairs or replacements are desired by the lot owner, such
repairs or replacements will be made by the cemetery crew at
established rates or at figures agreed upon by the lot owner and
the sexton, all payments to be made to the City Treasurer.
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i. Funerals while within the grounds shall be under the control of the
sexton or his assistant.
j. All graves shall be opened and closed by City Employees. A charge
payable in advance, shall be made for each opening and closing.
k. .No interment will be permitted in the cemetery without a reenforced
concrete liner or approved type of metal or concrete wall.
1. All graves will be sodded or seeded by the City without charge to
the lot owner when the grave shall have thoroughly settled and have
been made level with the surface of adjoining lawn.
ECTION V MONUMENTS, HEADSTONES, PLANTINGS, ETC.
a. All work and care and improvements of lots shall be done by
employees of the cemetery. No lots or graves shall be defined
by small trees, shrubs, roses, plants, fences, ropinga, railings,
or any other markings which extend above the ground. .All marking
of lot boundaries will be by corner stone set by the cemetery
sexton upon the lines bounding the lots. Corner stones must not
project above the ground and must not be altered or removed.
b. No iron work, wire work, seats, benches, boxes, artificial flowers,
arbers, trellises, tripods, or objects of similar description will
be allowed on lots excepting by permission of the City.
0. In order to secure the best general appearance, all planting not
prohibited above shall be done only in accordance with the estab-
lished plan under direction of the cemetery sexton. The City
reserves the right to exclude or remove from any lot any headstone,
monument, or other structure, trees, plants, or any object what-
soever that may conflict with the regulations of which the City
may consider injurious to the appearance of the grounds. No trees,
plants or flowers growing within any lot shall be removed or trimmed
without the consent of the sexton.
d. The City reserves the right to lay 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 City to secure and promote general
interest of the cemetery and no notice of such intended action
shall be required.
e. All headstones or markers shall have a maximum height of six inches.
All Monuments must be set on line according to the cemetery survey.
All headstones, and markers will be set upon a concrete base to
extend not less than six inches on all four sides.
The installation of all headstones, and markers will be by cemetery
crews only. All foundations must be of concrete compose of Portland
cement, clean sharp sand and crushed rock, in the proportions of one
part cement, three parts of and and five parts of crushed rock.
Foundations fcr head stones and markers must be at least four inches
deep. All foundations must be flush with the ground level.
f. In crematory section all markers must be flush with the ground.
SECTION VI CONDUCT WITHIN THE CEMETERY:
a. Persons with dogs or firearms will not be permitted to enter the
grounds, except that this shall not apply to use of firearms in
any military service.
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Said fund shall be perpetual and irreducible, and shall be used for no other
'purpose than herein specified.
SECTION IV INTERMENT AND DISINTERMENT:
a. All lots to be purchased at the office of the City Treasurer of the
City of Port Angeles. No lots, tracts, or grave space shall be
occupied for burial purposes until the sane has been paid for in
full and the cemetery sexton will permit no burials except upon
production by the applicant applying for permission to bury, a
receipt signed by the City Treasurer showing payment of the schedule
ed price of such lots or tracts so proposed to be utilized.
b. The schedule of prices of all lots, plots, tracts, or parcels of
land in the platted portion of said cemetery property shall be
fixed and adopted by resolution of the City Council and filed in
the office of the City Clerk. Such schedule of prices may be
changed or altered, by like resolutions of the City Council from
time to time, as in,itts judgement mey,be necessary or proper.
No lots, tracts, or grave space 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 shall be
given in advance to the cemetery sexton so as to give the city
a reasonable length of time in order to properly prepare the grave.
d. Lots are sold for the burial of human remains only. Interment,
disinterment or removal will not be permitted on Sunday, Legal
Holidays, or Saturday afternoon excepting in cases of emergency.
Any extra expense brought about by reason of an emergency burial,
disinterment or removal will be additional to the established charge
for any particular lot or tract, or grave space.
e. When an interment is to be made the exact position of the grave must
be designated and this order m ust be given in person, in writing,
or by the funeral director.
f. The interment of more than one body in one grave will not be allowed
except in cases of mother and infant child, twin children, or two
children buried at the same time.
g.
No disinterment will be allowed without the written consent of one
of the following in the order named; the surviving spouse, the
surviving children of the decedent, the surviving parents of the
decedent, the surviving brother(s) or sister(s) of the deoedent.
Where written consent is not obtained, an order by the Superior
Court of Clallam County will be sufficient.
h. On 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 City satisfactory proof of their ownership,
and-all such papers shall remain with the City. Without such proof,
ownership of such lot cannot be recognized by the City. No transfer
of any lot or interest therein will be valid without the consent of
the City first being had and endorsed on such transfer and the same
shall have been endorsed on the books of the City. Any purchaser
or lot owner may permit an interment of one not a member of his
family, but an heir may not give his permission without the unanimous
consent of all the lot owners. No cemetery lot, tract, or grave
space purchased from the City of Port Angeles shall be resold to any
purchaser, firm or corporation other than the City. The City will,
upon written application, return the purchase price of any lot, tract,
or grave space at the price originally charged by the City.
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SECTION VIII REPEAL OF CONFLICTING ORDINANCES:
ATTEST:
Ordinance number 1300 and all other Ordinances in conflict herewith
are hereby repealed.
INTRODUCED AND PASSED FIRST READING AUGUST 6, 1953.
PASSED FINAL READING BY UNANIMOUS VOTE OF THE CITY COUNCIL, August 20,
1953.
APPROVED AND SIGNED BY TEE MAYOR
City Clerk
APPROVED AS TO FORM:
trispul
PUBLISHED:
City Attor
August, 20, 1953.
Mayor