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HomeMy WebLinkAbout3563 WWW, I ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 2.32 and 2.48 of the Port Angeles Municipal Code as follows. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: - Section 1. Ordinance 1926 and Chapter 2.32 of the Poet Angeles Municipal Code are hereby amended by amending the following sections to read as follows: CHAPTER 2.32 PARK�S, RECREATION, AND PAI zr & BEAUTIFICATION COMMISSION 2.3 2.0 101 - Created. There is hereby created a Parks, R.ecreation—,,tH4 & Beautification Commission, which shall consist of nine members. 2.32,020 - Membership. A. Procedures. 1. Seven members of the Parks, Recreation argil & Beautification Commission shall be appointed by the City Council in accordance: with the criteria set forth in PANIC 2.32.0120.03. 2. Two members of the Parks, Recreation and, & Beautification Commission shaGl be appointed by majority vote of the seven members appointed by the City Council. These two members shall be Port Angeles High School students and residents of Port Angeles. 1 Members may be removed from office for reasons deemed appropriate by the appointing authority, including but not limited to, malfeasance in office or neglect of duties. B. Criteria, Criteria used in selecting members shall include but not be limited to the following: I. Members shall be residents ofthe City. 2. Members shall have displayed an interest in the work of the Commission. 3. Members shall. be selected in accordance with the equal opportunity guidelines., , I'lme Commission shall represent a broad spectrum of the community. 5. Members shall be appointed without regard to political affiliation. . Members shall not be City employees or members of the City CnurIeil. i C. I?,rm s. I full terra of oflice shall be four years except that the term for time high school student members shall be one school year. 2,. The term of office shall start on March Ist of'the year in which the appointment is made, provided that appointments to an unexpired term shall start as designated in the appointment, and provided further that appointments to the high school student positions shall start oil October 1st of the year in which the appointment is made and shall terminate on June 15th the following year. 3. Members of the Commission may be appointed to succeed, themselves. 4. Appointments to fill an unexpired terra shall be only for time remainder of that term, affter,which a re-appointment may be made. 5. Existing members shall fulfill the terms they were appointed to serve.. h. The terms of office for members appointed to unexpired terms shall be designated in time appointment and shall be for the ma:arimu.arn length of terms, not to exceed four years, that result in no more than two, members" terms expiring in the same year. T No person shall be allowed to serve on the atien a Parks Ree � tp�t l m Commission for more than two consecutive four-year terms; provided that this prohibition shall not disqualify any person now serving can the Reefefl-+ ,*-.ff,a' Rem n & f m . r' ific t C arks C mmrrrissiaarr frormm completing the term that he or she has been appointedto serve as of the effective date of"this chapter; and provided further that no high school member shall be allowed to serve on the Reefeation and Parks, Commission for more than two consecutive one-yearschool year terms. . Members shall serve without pay. 2.31040 - ,authority and duties., The Commission shall be responsible to the City Courmcil for its duties and actions. The duties of'the Commission shall include, but not be limited to, the following: A. To give advisory recommendations to the City Council or•u all matters relating to park, recreation, beautification, and all other matters as the City Council may deem appropriate; B. To cooperate rvitlm and advise time, Parks ... rutiom Director on developing and implementing a comprehensive recreation program; � _ _ i 1 C. To cooperate with and advise the Reefeatiafi a Parks Qn r Directo on beautification programs and general appearance of the City; D. To cooperate with and advise the Reerea6en a Parks &_Rggrgalion Director on a comprehensive park development program; the Commission shall have the powc to accept for the City donations for park and recreational purposes and, with the consent of the City Council, to accept real property for park and recreational purposes; provided that title to any real property shall vest in the City; 'ro advise rc i the anno dis, Parks rva(ion E. ew ud t.with the Reefeation ai &i-co Director on the annual budget to h JbZjs. submitted to the City Manager's office; R To cooperate with the Reer-eatit Parks & Re Director in resolving any problems or complaints that arise firorn the various departmental programs and facilities; G "To adopt bylaws, rules, and regulations consistent with the laws of'the State for conducting the meetings of the ReeFeation a Parks Recreation & i n tuautif" Commission, Section 2. Ordinance 1864 and Chapter 2.48 of the Port Angeles Municipal Code are hereby amended by amending the following sections to read as follows: CHAPTER 2.48,- OCEAN VIEW CEMETERY ■ 2.4 ,010 - Definitions. ■ 2.48.0120 - Llots—Purchase procedure, ■ 2.48.030 - .1-ots—Prices. ■ 148,040 - Interment, disinterment—Notification of sexton. ■ 2.48.050 - Interment, disinterment—Permitted when., ■ 2.48.060 - Interinent—Location, designated. • 2,.48.070 - Interment—More than one body in one grave. ■ 2.48�.08�4 - Disinternient—Written consent required. ■ 2,48.090 - Lot—Transfer upon death of owner, 0 2.48.1010- Funeral—Sexton authority, ■ 2.48,1101- Graves—Opening and closing—Charge—Procedure. ■ 2.48.120- Graves—Liner, wall requirements. ■ 2.48.130 - Graves—Sodding. ■ 2.4 .140 - Lots—Boundaries, maintenance, plantings. ■ 148.1510 - Lots—Ornarnentation restricted, • 2.,48,,160 - Lots—Planting regulated. ■ 2,.48.170 - Walks, avenues, roads. ■ 2,48.180 - Headstones, markers—Placement. ■ 2.48,.190 - Headstones, markers—Materials. ■ 2.48.200 - Markers—Crematory section. ■ 2,48.2 1,0- los and firearms, -3- 2.48.220 - Vehicle restrictions. 2.48130 - Advertising, signs, solicitation on cemetery grounds, 2.48,240 - Employees not to receive personal compensation. 2.4&25f1 - 'vandalism specified and prohibited. 2.48,260 - Exceptions to regulations. 2.4 ,270 - Lost and found, 2,48.280 - Littering. ■ 2,,48.2910 - Receptacles for cut flowers. 2.48.0110 - Definitions. A. "Burial"means the placement of human remains in a grave. "ed intefellangeably 13, "Ce Teter business" means s Ulurposes" afe u and mean any and all business and pur-pose, .-I-isit, te, ne essar�, Paf, ar- ifieidew t eft bliShiHg, 1naiHtftiI!iR#, Opt-Fatifig, Fn t-F establishina. maintainirw. oneratina. etery t,*(-) the nla-, gLit of -and itiam m2 -metery fo -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 -an—Itiam A�n 2 D-Vr A�n 2 r human remtind _....... urvatmof�h.q ge ... C. "Creinoted Liuman_rem ains"means huma i Femains after efen n in a ere, atory the end product of cremation, D. "Cr vt" means a sl ace in a mausoleum for the placement of human rernains, E. "Grave"means a space of ground in a eemetefyhKjW=j2Uh used or intended to be used for burial.GeffefaWimeHsieas, are net to exceed nine fiaet by4our4eet-. RE "Human i-emains" or "remains" means the body of a deceased person and includes the body in any stage of decomposition and cremated remains, GY "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. H.G-. "Lot"and- '"0101" OF"Inter-ment plot" means space in a cemetery used or intended to he used for the interment of human remains. 4-"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. 1. "Niche" means as soce in a columbariUM for placement of cremated human remains. JR `W�00 Olvoqe�,'L "I"I"'iVner"Y er- 'Wet means al"i t-1— WhOSe HHFAe ali interment plot staflds efreeord as owtier in the City 44- ee, K. "Otiter burial container" means any container which is buried inthek round for -. the placement of human remains in the burial process. Outer burial containers include but are not limited to Vaults, lawn crypts, and liners. -4- � I 2.4 w020 - Lots—Purchase procedure, f All lots are to be purchased at the Gi+y Ocean View, Cemetery Office. No lots, tracts, or grave space shall be occupied for burial purposes until the same has been paid for in full, The cemetery sexton will permit no burials except upon production of the legal deed ownership by the applicant applying for permission to bury and, if the legal deed owner is not present, then a notarized statement giving permission from the legal deed owner is required from the applicant„ In a family pleat, one right of interment may be used for the 1 owner's interment and one for the owner*s spouse or state registered domestic partner, if" any, Any unoccupied spaces may then be used by the remaining parents and children of the deceased owner, if any, the spouse,or state registered domestic partner of any child of the owner, then to the heirs at law of the owner, in order of death unless ownership has been transferred or otherwise stated in the legal deed owner's will. A cemetery authopit sexton may tale and hold any plot or right of interment conveyed to it, by the plot owner sea that it will be nontransferable. Placement shall be restricted to the person designated in the conveyance. ,4 .030 - Lots—Prices. The schedule of prices of all lots, grayes cr is niclwes plots, tracts, or parcels of land in the platted portion of the cemetery property shall be fixed and adopted by resolution of the City Council and bled in the office of the City Clerk. Such schedule of prices may be changed or altered by life resolutions of the City Council from tirne to time, as in its judgment may be necessary or proper. No lots, graves, crypts, or niches_ t-r e gFaw speee shall be resold to third parties and the le al deed owvner agrees to resell the property, merchandise, and/or services only to the City of bort Angeles at the ori rg uu mal � sale rice or for the amount previouslyaid bythe w.urchaser. se di. ' e. .-f 1,�ss ,. disposal. 2,48.040 _ Interment, disinterment---Notification ofsext,on, When interments or disinterments must be made, notice shall be given ill advance to the cemetery sexton so as to give the City a reasonable length of time in order to properly prepare the grave. °T°he cemetery sexton shall not perform an interment without a burial permit and the cemeter sexton shall not perform a full body disinterment without a burial permit and in the presence of licensed funeral Director. 2.48.050 - Interment, disinterment--Permitted when. Lots are sold for the burial of human remains only. Inten-nent, disinterment, or removal will normally take place ora weekdays, but may be permitted oil weekends and, legal holidaysa at an additional coat. . 2.48.060 Interment .....Location designated. When an interment is to be made, the exact position of the grave muust he designated in writing on, the cemetery map and burial permit and the position located by two cemeter sextons. , 2.4 .0 70 - Interment---l' 'ore than one body in one grave. The interment of more than one body in one grave will not be allowed except in cases of parent and infant child buried at the sanne time, infant twin children, or one rernains together with up to four cremated remains. 2.4&080 - Disintertrrent--- ^'ritten consent required. NO disiaterment will be allowed ',yithotit tile WFitfefl 60H,"Rt Of one Of tile, fOlIONA"ifig in . .. . , , aw - Iuatmautru reaatiains taxa be removed from a lot, grave, crypt, or niche in the cemetery with the consent of the cemetery sexton and the notarized written consent of one of the following in tlae order named: 1, The surviving Spouse or state registered domestic partner. 2. Tile survivin e children of tlae decedent. 2. The surviving parents, of the decedent, 4. The surviving brothers of sisters of the decedent. ttrequired ' ucte obtained,,, ermission a the Superior court of ClallanCoo�ntvvherethe cemetery is situatedas sufficient provided that the permission ion shall not violate the terms of a written contract or the rules and regulations of -Ocean View Cemetea. 'i"w°hen removing a full body, a licensed Funeral Director roust be reek. 2.4&090 - Lot—Transfer upon death of owner. On the death of any owner of lots, graves, crypts, or niches in tlae cemetery, the heirs or J, assigns or devisees of such decedent must, if required, furnish to and file with the cemetery, sexton satisfactory proof of their ownership, and all such papers shall remain with the City. Without suuch 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 -6- i cemeter sexton first being had and endorsed on such transfer, and the same shall have been endorsed on the books of the City. Any purchaser OF lot 6WHe may permit an interment of one riot ar mernber of his family, haat an heir may not give his or her permission without the unanimous consent of all the 14 owners. No emeteFy lot, tr-ae , w f V- eeFporation I City. 2.48,100 - Funeral—Sexton authority. Funerals while within, the grounds shall be under control of the cemetery sexton or his designee at all tarries. sexion or his assistant" 2.48.110 ., Graves—Opening and clositig-----Charge—Procedure. All graves shall be opened and closed by City Parks & l .ecreation employees. .A charge, payable in advance, shall be made for each opening and closing. 2'.48.1 0 -Graves—Li tier, wall requirements. No interment will be permitted in the cemetery without the cemetery sexton's approval of` the outer burial container. Muter burial containers delivered by third parties will be charggd a placement fee. The charge roast be paid in advance by the representative of the deceased and will not be accepted from the delivery,company or other funeral hounes and cemeteries.. 2.48.1 311 - raves ou g TI q f. All graves will be sodded seeded by the q_-City ;Parks & Recreation em to ee without charge to the lot owner when the grave has thoroughly settled and has been made level with the surface of adjoining lawn. 2.48.140 - Lots—Bouurwdaries, maintenance, plantings. All work and care and improvements of lots shall be done by City larks & Recreation employees of theeemet�. No lots or graves shall be defined by sanall trees, shrubs, roses, plants, fences, ropi sro in , railings, or any other markings which extend above the ground. No crypts or niches shall be decorated with items not approved bw the cemetery sexton. All marking ofIet section boundaries will be by cornerstone set by the cemetery, sexton Cornerstones must not project above the ground and must not be altered or removed.. 1 2.48.1,50 - Lots—Ornamentation restricted, t No iron work, wire work., seats, leg st le or, pedestal benches, boxes, arbors, trellises, tripods, or objects of similar description will be allowed on lots e n­of the Cy. These items will be removed for mowing and safety reasons and field at a -7- location for thirty days and then disposed of by the cemetery sexton. Artificial flowers are permitted when.placed in a flower vase set flush with the existing grOUnd level and removed when they become weathered.� 2.48.160 - Lots Planting regulated., In order to secure the best general appearance, all planting not prohibited in section, 2.48.140 shall be done only in accordance with the established plan under direction of the cernetery sexton. The City reserves the right to exclude or remove from any lotgLavc, crypt, or niche any headstone, monument,pjaques ef other strUCttjre,5, trees, plants, or any, object whatsoever that, may conflict with tile regulations or which tile City may consider injurious to the appearance of the grounds.No Ail trees, plants or flowers gro�wing within any lot shall be removed or trimmed by a Citv—Parks & Recreation en1plovcc-.—YA+ht*u4 the eensent 4 the Sexton. 2.48,170 - Walks, avenues, roads. The City reserves the right to lay out new grave lots-alter or vacate avenues, %valks,, and roads7 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 the general interest of the cemetery. No notice of such intended action shall be required. 2.48.180 - Headstones, markers—Placement, Monuments may be placed in all sections of the cemetery with the exception of the urn garden and memorial garden. All monuments must be set on in line according to the cemetery survey. A single, above ground monument,set on a 4 Foot by-8.,foot &ray space, will be no larger than 44-48 inches in length by 2448 inches in height by 49-�28 inches in width, including foundation. A double, above ground monument,set, on two side by side ,4 foot by 8 foot grave spaces, will be no larger than 66-96 inches in length b,y 2"8 inches in height by 4-8-L8 inches in width, including foundation. A maximum of two markers will be allowed on each 4 foot by 8 foot grave space. The marker at the head of the grave may be above ground, but the second marker must be set flush with the existing ground level, Ground level markers must be four inches thick and shall be 110 larger than 48 inches in lenh by 34 inches in width, including foundation, for a single 4 foot bv8foot grave space.-and no larger than 60-96 inches in length by 34 inches in width, including foundation, set on two side by side 4 foot by 8 footgrave spaces. feu double grave spaee. Cement foundations must be 4 inches thick and al-e required on all markers with the execp tion of the urn garden and memorial garden. Markers in the urn garden and memorial garden Gane up to 2 per space) Hitist shall be no larger than 24 inches in I n by 12 inches in width by four inches, thU and will be set flush with the existing ground level. The ceme,te[y sexton may regulate the uniformity, class. and kind of all markers, monuments. and other structures within the cemetery and its subdivisions. 2.48.190 - Headstones, markers---Materials. The installation of all headstones and markers will be by done by.or witnessed by eeffleteff, City Parks & Recreation employees �. only. A Marker Crew Witness Lee for markers set by such _private,parties shall be determined b�y the cemeterV sexton. Any private arty will have to meet the City insurance requirements and cemeter specil'i cations on the border size of the marker and cleanup of area when finished. The privatepLarty will also be required to have the: work signed off by the cemetery sexton to ensure it ineets all cemetery standards, 2.4&200 - Mark-ers—Crernatory section. In the crematory section, all markers must be flush with the ground. 2.48 2 10 - Dogs and firearms. Persons with firearms or dogs. unless a certified service animal, of��, will not be permitted to enter the grounds, except that this shall riot apply to use of firearms in ally military service. 2,.48.220 - Vehicle restrictions. No vehicle other than for cemetery purposes 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 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 is guilty of a misderneanorafld shall, be punishable b fill,e, Ret 10 e)jeeed $1 0() 011 —A within the Gity Jai! not to e!xeeed 30 days of: both Suell fine afld iflipFiseament. 2,48,230 - Advertising, signs, solicitation oil cemetery grounds. Soliciting for monumental or other kinds of work will not be permitted on the cemetery grounds. Signs and advertisernentsof every description are strict]),prohibited in any part of the cemetery. 2,48.,240 - Employees not to receive personal compensation. Lot owners, purchasers, visitors, or other persons are prohibited from giving gratuities to any ernployee for service rendered. Employees aeoeptif-11111g ,same, shall be ......—diate ar -9- i 2.48.2: 0 - Vandalisrn specified and prohibited. Picking flowers, breaking or injuring trees or shrubs, or in any way injuring any monument or headstone is prohibited.. Any person violating this section is guilty of" a misdemeanor,, ,c4ien 2,48 2.48.260 - Exceptions to regulations. The City Council shall have the right to unmake exceptions to the rules set Borth in this chapter when deemed advisable for the best interest of tine property. Such exception shall not be considered as rescinding or wvaiving 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.. 2.48.270 - Lost and found.. Lost and found articles are to be turned in to the w . lug' f=iee-bort Angeles Police Department, 2.48'.28f1 -Littering. All paper, rubbish, dead Bowers and floral pieces roust be sited- loved by the person responsible. f 2.48,290 -Receptacles for cut flowers. l Receptacles for cut flowers must be sunk level with the ground to ur*n�nsuure the I safety of such, articles and to facilitate the cutting of grass froom the graves. Tin cans, glass jars, or boxes arra prohibited. Proper receptacles may be lnurchased and installed from the cemetery sexton at established prices. The "" cemetea sexton reserves the right to remove and dispose of all unapproved receptacles without notice to plot owners. l.'lre City will notbe responsible for anything placed upon graves Which may be lost or nnisplaced.. u"n��e; - et�u+ l-ears-n•�u shall be s The City does not bind itself to maintain, repaif or replae,e --Ye iiiafkei2� f+F -101- i ti, lot Owner, such fepaifs will be made by the C ry ,, i i Section J - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the I � correction of the scrivener's errors clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 — Severability.. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of this Ordinance, or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section. S - Effective Date, This Ordinance, being an exercise of a power specif calk, delegated to the City legislative body, is not subject to re,ferendurnn. This ordinance shall take effect Jan;nary 1, 201.7 after passage and publication of an approved summary thereof consisting;of the tittle. PASSED by the City Council ofthe City ofd Port Angeles at a regular meeting of said Council held on the day of November, 2016. Patrick Downie, Mayor ATTEST: APPROVED f"',D S TO p fennifef Veneklasen, City Clerk mil na sn 1 . f loon, City'"attorney PUBLISHED: %1q0MU(i By Summary f Summary of Ordinance adopted by the Port Angeles City Council on November 15, 2016 Ordinance No. 3562 An ORDINANCE of the City of Port Angeles, Washington, levying regular ad valorem property taxes for collection in the fiscal year 2017, and directing the City Clerk to certify said amount to the Board of Clallam County Commissioners. Ordinance No. 3563 AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 2.32 and 2.48, of the Port Angeles Municipal Code. Ordinance No. 3564 AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 3.70 of the Port Angeles Municipal Code. Ordinance No. 3565 AN ORDINANCE of the City of Port Angeles,Washington amending chapters 12.04, 12.10, 12.12 and repealing Chapter 12.16 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Jennifer Veneklasen City Clerk Published: November 21, 2016