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HomeMy WebLinkAbout1864ORDINANCE NO. //er4 AN ORDINANCE providing for the organization, manage- ment and control, use and disposition acquired for cemetery purposes; 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. 1311 passed the 20th day of August, 1953. 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 de- ceased 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 placement of 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 4'. f. "Cemetery Business" and "Cemetery Purposes" are used interchangeably and mean any and all business and purposes requisite to, necessary for, or incident to, establishing, maintaining, operating, improving, or conducting cemetery property. g. "Lot ", "Plot ", or "Interment Plot" means space in a cemetery used or intended to be used for the inter- ment 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, tracts or parcels of land for burial purposes and any other income received from and • • through the operation of the cemetery, including 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 expendi- tures. c. The cemetery fund hereby created shall be used solely for the paying of all expenditures authorized in such budget for the operation, maintenance and cap- ital improvements of such cemetery including all costs of management and labor as contemplated by such annual budget. SECTION III PERPETUAL CARE FUND: That there is hereby created in the treasury of the City a fund to be designated as the "Cemetery Perpetual Care Fund" into which shall be deposited 50% of the receipts of the sale of lots, tracts or parcels of land sold for burial purposes, 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 invest- ments as directed by the City Council. The earnings of said fund so invested shall be retained in the fund un- til the present cemetery is filled. Thereafter, these earnings shall be used for the perpetual care of the lots and tracts or parcels of land so sold. Said fund shall be perpetual and irreducible, and shall be used for no other purpose than herein specified. The Ocean View Cemetery shall have perpetual care and funds for this purpose shall all be paid from the cemetery fund until such time as the earnings of the cemetery per- petual care fund become available for this purpose as hereinbefore provided. 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 same has been paid for in full and the cemetery sexton will permit no burials ex- cept upon production by the applicant applying for permission to bury, a receipt signed by the City Treasurer showing payment of the scheduled 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 it's judgment may 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 ceme- tery 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 normally take place on week days, but may be permitted on Sunday, legal holidays, or Satur- day afternoon. e. When an interment is to be made the exact posi- tion of the grave must be designated and this order must 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 parents of the decedent, the surviving brother (s) or sister (s) of the decedent. Where written con- sent 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 devisees 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 can- not be recognized by the City. No transfer of any lot or interest therein will be valid with- out 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 inter- ment 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 applica- tion, return the purchase price of any lot, tract or grave space at the price originally charged by the City. i. Funerals while within the grounds shall be under 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. SECTION 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, ropings, 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 beounding the lots. Corner stones must not pro- ject above the ground and must not be altered or removed. b. No iron work, wire work, seats, benches, boxes, arbers, trellises, tripods, or objects of simi- lar description will be allowed on lots except- ing by permission of the City. Artifical flowers will be permitted only from November 1 through April 1. c. In order to secure the best general appearance, all planting not prohibited above shall be done only in accordance with the established plan un- der 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 whatsoever that my conflict with the regulations of which the City may con- sider injurious to the appearance of the grounds. No trees, plants or flowers growing within any lot shall be removed or trimmed without the con- sent of the sexton. d. The City reserves the right to lay out, alter or vacate avenues, walks and roads, to estab- lish 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 not notice of such intended action shall be required. e. All headstones or markers excepting in section "L" shall be flush with the existing ground level. 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. Head- stones or markers in section "L" may extend to a height not to exceed six inches. 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 pro- portions of one part cement, three parts of sand and five parts of crushed rock. Foundations for 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 per- mitted to enter the grounds, except that this shall not apply to use of firearms in any mil- itary service. 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. Auto- mobiles 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 sun- set and sunrise of each day. Any person violat- ing this section shall be guilty of a misdemeanor and shall be published by a fine not to exceed One Hundred Dollars ($100.00) 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 permitted 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 em- ployee 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 re- scinding 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 urned in to the City Clerk's Office. h. All paper, rubbish, dead flowers and floral pieces must be deposited by the person re- sponsible therefor in 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 prohibited. Proper receptacles may be pur- chased 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, re- pair or replace any grave markers or monumental structures erected upon the lots. If such re- pairs or replacements are desired by the lot owner, such repairs and 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. SECTION VIII REPEAL OF CONFLICTING ORDINANCES Ordinance number 1311 and all other Ordinances in conflict herewith are hereby repealed. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held -on the"'2nd day of December , 1975. �. _ ) Attest:. �% st•. -. _:•-■ City Clerk APPP.OVED as form: Pvtl City Attorney ��� Mayor