HomeMy WebLinkAbout3444 Ordinance r� •�
ORDINANCE NO. 3444
AN ORDINANCE of the City of Pasco, Washington, providing
for the re-enactment of Ordinance No. 3384, entitled "An Ordinance
Amending Chapter 2.48 of the Pasco Municipal Code Concerning City
View Cemetery and Setting Fees."
WHEREAS, Ordinance No. 3384, entitled "An Ordinance Amending Chapter
2.48 of the Pasco Municipal Code Concerning City View Cemetery And Setting
Fees," was lawfully enacted by the City of Pasco on the 1" day of November, 1999,
and
WHEREAS, on November 7, 2000, Initiative Measure 722 was approved by
the voters of the State of Washington, purporting to declare any tax increase,
including fees or charges, adopted after July 2, 1999 through December 31, 1999, as
null and void and of no effect therefore, putting in question the continued
enforceability of Ordinance No. 3384, and
WHEREAS, Ordinance No. 3384 was adopted to provide regulation and
determination of fees at City View Cemetery, and its continued application is
necessary for the well being of the citizens of the City of Pasco, and
WHEREAS, the constitutionality of Initiative Measure 722 is presently in
the process of judicial review thereby calling into question the effect of this
initiative, and therefore, to affect the continued enforceability of this ordinance,
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That Ordinance No. 3384 entitled "An Ordinance Amending
Chapter 2.48 of the Pasco Municipal Code Concerning City View Cemetery And
Setting Fees," and codified as Chapter 2.48 of the Pasco Municipal Code, entitled
"City View Cemetery," a true and accurate copy of which is attached hereto as
Exhibit No. 1 and incorporated by this reference as if set out in full, is hereby re-
enacted, ratified and confirmed in all respects.
Section 2. This ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
DATED this 27"' day of November, 2000.
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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ORDINANCE NO. 3354
AN ORDINANCE AMENDING CHAPTER 2.48 OF THE PASCO
MUNICIPAL CODE CONCERNING CITY VIEW CEMETERY AND
SETTING FEES.
WHEREAS, the City Council of the City of Pasco, Washington, has
determined certain amendments to the regulations governing City View
Cemetery, including fee increases are warranted; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section I. Chapter 2.48 of the Pasco Municipal Code is hereby
amended as shown by the deletions made by interlineation and additions
shown by underlining as follows:
CHAPTER 2.48
CITY VIEW CEMETERY
Sections:
2.48.010 Cemetery established.
2.48.020 Definitions.
2.48.030 Separate sections for organizations.
2.48.040 City manager responsibilities.
2.48.050 City manager delegation of responsibility.
2.48.055 Conduct of persons within the cemetery.
2.48.060 Floral regulations.
2.48.070 Trees, plants, shrubs and monument r-egulatiens.
2.48.075 Monument regulations.
2.48.080 Certain ornaments prohibited.
2.48.090 Endowment care - General.
2.48.100 Eligibility for endowment care.
2.48.110 Endowment care required on unsold lots.
2.48.120 Endowment care - Records.
2.48.130 Sale of lots - Records.
2.48.135 Transfer or assignments of lots or niches.
2.48.140 Payment for lots and niches.
2.48.145 Buy-backs of lots, niches or services.
2.48. 150 Burial classification.
2.48. 160 Burials - General.
2.48. 170 Burials - Holiday.
2.48. 180 Charges for lots.
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2.48.185 Charges for niches.
2.48. 190 Charges for endowment care - Use of proceeds.
2.48.200 Charges for burials.
2.48.210 Charges for concrete liners and concrete grave boxes.
2.48.220 Charges for concrete markers. (Repealed).
2.48.230 Charges for setting permanent mks monuments.
2.48.240 Charges for permanent vases.
2.48.245 Charges for disinterment.
2.48.250 Liability.
2.48.260 Orders given by telephone.
2.48.270 Errors may be corrected.
2.48.280 Permission to remove remains.
2.48.290 Exceptions.
2.48.300 Care in removal - City not liable for damages.
2.48.010 CEMETERY ESTABLISHED. The tender of the tract of land
dedicated by Franklin Lodge No. 60 Knights of Pythias, known as the City View
Cemetery, is accepted and the same shall hereafter continue to be know as the
City View Cemetery. (Ord. 1323 Sec. 1, 1968.)
2.48.020 DEFINITIONS. (a) LOT" means o of land e b y. u
zua au �.�u v �i
single adult grave or a traet lely nine feet long and three &-oet wide
{ } I BLOCK" and "SECTION" mean and refer to tracts larger than lots
with areas as defined on the official plat of the cemetery.
fc-}& "BURIAL" means the activities associated with opening a lot for the
interment of a deceased person and its subsequent closing.
(c) "INTERMENT" means the disposition of human remains or cremains
by burial.
(d) "LOT" means an area of land occupied by a single adult grave or a
tract approximately nine feet long and three feet wide.
(e) "NICHE' means a space in a columbarium used, or intended to be
used for placement of cremated human remains.
(f! "NICHE BURIAL" means the activities associated with opening a niche
for the placement of the cremated remains of a deceased person and its
subsequent closing.
(g) "URN BURIAL" means the activities associated with opening a lot for
the interment of the cremated remains of a deceased person and its
subsequent closing. (Ord. 1459 Sec. 1, 1971.)
2.48.030 SEPARATE SECTIONS FOR ORGANIZATIONS. The city council
may, from time to time, set apart certain sections of the cemetery for the
exclusive use of any religious or fraternal organizations as it may deem proper
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and expedient, and make such regulations concerning the use and care of
same as may be proper and necessary. (Ord. 1459 Sec. 2, 1971.)
2.48.040 CITY MANAGER RESPONSIBILITIES. The city manager shall be
responsible for the operation of the cemetery. The city manager shall have full
supervision, charge and control of the City View Cemetery, and particularly, all
matters pertaining to the maintaining thereof, burials, setting and placing of all
monuments and markers, the care of lots in the cemetery, and the seeding of
grass in all parts of the cemetery entitled to endowment care. He shall also do
such other things in reference to the cemetery as may be required. He may, in
his discretion, keep the cemetery closed to vehicular traffic at such times as in
his judgment it may be deemed best from the standpoint of the upkeep of the
road and driveways therein. (Ord. 1459 Sec. 3, 1971.)
2.48.050 CITY MANAGER DELEGATION OF RESPONSIBILITY. The city
manager may assign personnel to the cemetery to carry out the provisions in
this chapter. The city manager may appoint a supervisor who may have free
use of the buildings on said cemetery grounds, and he shall receive such
monthly salary as is fixed by budget. (Ord. 1459 Sec. 4, 1971.)
2.48.055 CONDUCT OF PERSONS WITHIN THE CEMETERY. All
persons are prohibited from gathering flowers within the cemetery grounds,
either wild or cultivated, or breaking trees, shrubbery or plants. With the
exception of Cemetely personnel, it shall be unlawful for aLiy person to remove
flowers or any other decoration from any grave, niche or memorial except with
permission of the person who originally place such decoration.
2.48.060 FLORAL REGULATIONS. The city shall have authority to
remove all floral designs, flowers, weeds, trees, shrubs, plants or herbage of
any kind from the cemetery as soon as, in judgment of the management, they
become unsightly, dangerous, detrimental or diseased, or when they do not
conform to the standards maintained. The city shall not be liable for floral
pieces, baskets or frames in which or to which such floral pieces are attached.
The city reserves the right to prevent the removal of any flowers, floral designs,
trees, shrubs or plants, or herbage of any kind, unless it gives its consent. All
flowers not in permanent vases will be removed the first of each week through
the mowing season except Memorial Day weekend. No more than two
containers which have not been approved by the management shall be
permitted on each lot at any time except Memorial Day weekend. All temporary
containers, and floral frames not called for by those lawfully entitled to them
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within five days after removal by the city, may be disposed of by the city in any
manner it sees fit. (Ord. 1459 Sec. 5, 1971.)
2.48.070 TREES, PLANTS, SHRUBS AND MONUMENT REGULATIONS.
No trees, plants or shrubs shall hereafter be set in the cemetery except when
with prior approval and under the immediate supervision of the city.
2.48.075 MONUMENT REGULATIONS. All grave stones and monument
bases shall be of granite, marble, limestone, or other approved stone and shall
be set in a foundation of concrete. No concrete or other similar material shall
be permitted above ground level. All stones and monuments shall be set flush
with the ground in Blocks 4, 5, 12 and 13 and in all sections of the Cemetery
developed after January 1, 2000. Upright monuments will be permitted in all
other blocks. With the exception of multiple _part monuments installed by
authorized vendors no monuments, markers or grave stones shall be placed in
said cemetery except by cemetery personnel. (Ord. 1459 Sec. 6, 1971.)
2.48.080 CERTAIN ORNAMENTS PROHIBITED. The placing of boxes,
shells, toys, metal designs, ornaments, chairs, settees, glass, wood or iron
cases, and similar articles, upon lots and around columbariums shall not be
permitted, and, if so placed, the city may remove the same. (Ord. 1459 Sec. 7,
1971.)
2.48.090 ENDOWMENT CARE - GENERAL. The obligation to be
assumed by the city for endowment care is declared to be the following: To
irrigate the lots, to seed the lots and keep the area green and neatly mown; To
trim and prune the flowers and shrubbery permitted to grow on said lots under
the terms of this chapter; and to fill in and keep the general level of such lots
as they may sink in or cave in. The city shall not be obligated from the revenue
from endowment care to proceed with burials, erect any head or foot stones or
monuments, or replace any flowers or shrubbery which shall die or become
killed through no fault of the city. (Ord. 1459 Sec. 8, 1971.)
2.48.100 ELIGIBILITY FOR ENDOWMENT CARE. All lands included in
and comprising City View Cemetery be and the same are declared eligible for
endowment care by the city. (Ord. 1459 Sec. 9, 971.)
2.48.110 ENDOWMENT CARE REQUIRED ON UNSOLD LOTS AND
NICHES. All unsold lots, niches, blocks, or parts thereof in City View Cemetery
may be and are withdrawn from general sale and the same are reserved for sale
exclusively to purchasers buying same with provision for the endowment care
thereof by the city. (Ord. 1459 Sec. 10, 1971.)
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2.48.120 ENDOWMENT CARE - RECORDS. The city shall keep a book
which shall be well-bound and properly indexed, in which shall, upon the
payment into the City View Cemetery trust fund as herein provided, be kept a
record of the description of such lots, or fractions thereof and niches as are
entitled to endowment care under the provisions of this chapter. (Ord. 1459
Sec. 11, 1971.)
2.48.130 SALE OF LOTS - RECORDS. The city shall keep a complete
record of all lots and niches sold, to whom sold, whether endowment care or
non endowment care is provided, and issue certificates or deeds of sale upon
payment of the price thereof, together with all other charges. The city shall
properly describe the property sold by lot or tract, both in such certificate and
upon the record to be kept, and in case the sale is made to the county or other
corporation, shall require that vouchers be filed for the collection of such
charges and shall prepare such voucher and make collections of the amount
due. (Ord. 1459 Sec. 12, 1971.)
2.48.135 TRANSFER OR ASSIGNMENTS OF LOTS OR NICHES. No
transfer or assignment of any lot or niche, or interest therein, shall be valid
until the consent of the City has been endorsed thereon and the same has been
recorded on the books of the City. The City may refuse to consent to a transfer
or to an assignment as long as there is any indebtedness due to the City from
the record owner.
2.48.140 PAYMENT FOR LOTS AND NICHES. All lots must be paid for
in cash, either at the time the let is seld of sale or before burial; provided,
however, upon application made to the city, lots or niches may be sold on time,
not exceeding twelve months; provided, that the purchaser thereof shall make a
cash down payment of no less than one-third of the total purchase price and
shall give a note therefor, payable to the city, and running for a period of not
more than twelve months, with sureties to be approved by the city. Such note
at the time of sale, and the execution thereof, shall be filed with the city
manager or his designee for collection. Failure to pay the note and the contract
on a regular and consistent basis shall make the total callable. Interest shall
be charged at the rate of one percent per month on all accounts not paid in full
within sixty days of purchase. (Ord. 2420 Sec. 1, 1982; Ord. 2398 Sec. 1, 1982;
Ord. 1459 Sec. 13, 1971.)
2.48.145 BUY-BACKS OF LOTS, NICHES OR SERVICES. At its sole
discretion, the City may choose to repurchase lots, niches or services which
were purchased and not utilized. In the event it so elects, the City shall buy
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back from the purchaser the lot, niche or endowment care fee at the rate of
50% of the original lot, niche and endowment care price and 100% of the
services price previously paid.
2.48. 150 BURIAL CLASSIFICATION. Burials shall be classified as
follows:
Baby: persons under three years of age;
Juvenile: persons from three to ten years of age, inclusive;
Adult: persons over ten years of age;
Urn Lot: cremated remains.
Urn/Grave: cremated remains (Urn burials may be allowed on
individual lots designated for that purpose or in a grave
with one body with the consent of the owner or gLiardian,
-provided proper identification is made of such interments
on one regulation monument).
Niche: cremated remains in columbarium. (Ord. 1459 Sec. 14,
1971.)
2.48.160 BURIALS - GENERAL. All burials will be scheduled to give
cemetery personnel at least one hour to transfer equipment to the subsequent
burial. Saturday or Monday morning burials will be permitted only if
arrangements are made before noon on the previous Friday. In the event a
burial is scheduled on Saturday and other than between eight a.m. and five
p.m., Monday through Friday, a charge of Two Hundred Seventy Five Dollars
($275.00) in addition to all other charges shall be made. (Ord. 3263 Sec. 1,
1997; Ord. 2847 Sec. 1, 1991; Ord. 1914 Sec. 1, 1977; Ord. 1459 Sec. 15,
1971; Ord. 2552 Sec. 17, 1985.)
2.48. 170 BURIALS - HOLIDAY. No interments, disinterments, removals,
cremation or interment service shall be permitted on Sundays, or on any city
recognized holiday; without special written permission of the City and a charge
of Four Hundred Seventy-Five Dollars ($475.00) in addition to all other charges
shall be made.
When any of the aforementioned holidays fall or are legally observed on a
Friday or Monday, burials must be arranged no later than twelve noon on the
last business day preceding the holiday. (Ord. 3263 Sec. 2, 1997; Ord. 1914
Sec. 2, 1977; Ord. 1459 Sec. 16, 1971.)
2.48. 180 CHARGES FOR LOTS. The cost of all lots shall be as follows,
exclusive of endowment care:
Baby ............. $100.00 200.00
Adult 8v Juvenile.. 500.00 550.00
Urn............... 150.00 300.00
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Urn on existing rave 50.00
(Ord. 3263 Sec. 3, 1997; Ord. 2847 Sec. 2, 1991; Ord. 1914 Sec. 3 1977; Ord.
1742 Sec. 1, 1975; Ord. 1459 Sec. 17, 1971; Ord. 2552 Sec. 17, 1985.)
2.48. 185 CHARGES FOR NICHES. The cost of niches shall be as
follows, exclusive of endowment care.
Niche $800.00
2.48.190 CHARGES FOR ENDOWMENT CARE - USE OF PROCEEDS.
The .-.bjee1 use and sour.e of r:ovenue
(a) The charge for endowment care shall be as follows: 30% of the cost of
each lot or niche.
Baby .............
� $ 50-00 A- .lt R; T„ ,Gra 100.00
Urn 50-00
(b) Any and all such sums shall be paid directly to the city and held in
the City View Cemetery trust fund;
(c) The city obligates and binds itself to safely keep the moneys paid to
said fund; to invest the same so as to bring the largest amount of income that
can safely be realized thereon; and to use the income so realized in caring for,
maintaining and beautifying the lots and graves thereon, in the manner herein
specified. (Ord. 3263 Sec. 4, 1997; Ord. 2847 Sec. 3, 1991; Ord. 1914 Sec. 4,
1977; Ord. 1742 Sec. 2, 1975; Ord. 1459 Sec. 18, 1971; Ord. 2552 Sec. 17,
1985.)
2.48.200 CHARGES FOR BURIALS. All lots must be opened and closed
by city personnel, or under the immediate supervision of city personnel. All
burial prices shall include temporary markers which shall be placed by City
personnel immediately following burial. Such marker shall remain the
property of the City. The charges for burials shall be as follows:
Baby ............. $100.00 200.00
Adult & Juvenile... 400.00 450.00
Urn................ 100.00 150.00
Niche 100.00
(Ord. 3263 Sec. 5, 1997; Ord. 2847 Sec. 4, 1991; Ord. 1914 Sec. 5, 1977; Ord.
1742 Sec. 3, 1975; Ord. 1459 Sec. 19, 1971; Ord. 2552 Sec. 17, 1985.)
2.48.210 CHARGES FOR CONCRETE LINERS AND CONCRETE
GRAVE BOXES. A concrete liner, or its equivalent, must be provided at the
time of burial. The city manager, or his designee, will determine what is
equivalent to a concrete grave box, and his determination shall be final.
Concrete liners and concrete grave boxes may be provided by the city. The
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charge for concrete liners and concrete grave boxes shall be as follows, plus
tax:
Baby liners ......................... $ 150.00
Adult & Juvenile liners................ 400.00
Urn.................................... 100.00
(Ord. 3263 Sec. 6, 1997; Ord. 2847 Sec. 5, 1991; Ord. 1914 Sec. 6, 1977; Ord.
1742 Sec. 4, 1975; Ord. 1611 Sec. 1, 1973; Ord. 1459 Sec. 20, 1971; Ord.
2552 Sec. 17, 1985.)
2.48.2207 CHARGES FOR
^y t CONCRETE MARKERS. T�r'^'ediately
�'iJ@ to lour enerete marker'�� laee [ y the city per-son r-f sat
The eharge for- a ...arker- shall b@ Thirty Dellars ($30.00) plus ta-,x, but
owner-ship °ti al remain with the city. Repealed. (Ord. 3263 Sec. 7, 1998; Ord.
1914 Sec 7, 1977; Ord. 1459 Sec. 21, 1971.)
2.48.230 CHARGES FOR SELLING PERMANENT MEMORIA
MONUMENTS. City personnel shall set all permanent monuments.
The charge for mewl monuments settings shall be as follows:
Veterans' gal monument.....$125.00
2' X 1' approximately......125.00
3' X 1' approximately .....150.00
4' X 1' approximately .....165.00
5' X 1' approximately......175.00
U X 1' approximately......200.00
Larger size monument will be charge proportionately. (Ord.
3263 Sec. 8, 1997; Ord. 2847 Sec. 6, 1991; Ord. 1914 Sec. 8, 1977; Ord. 1742
Sec. 5, 1975; Ord. 1459 Sec. 22, 1971; Ord. 2552 Sec. 17, 1985.)
2.48.240 CHARGES FOR PERMANENT VASES. Charges for the setting
of permanent vases as approved by the city shall be Twenty Five Dollars
($25.00) each. (Ord. 3263 Sec. 9, 1997; Ord. 1914 Sec. 9, 1977; Ord. 1459
Sec. 23, 1971.)
2.48.245 CHARGES FOR DISINTERMENT.
Baby............ $200.00
Adult and Juvenile.... 450.00
Urn................. 150.00
Niche.. 50.00
Charges for disinterments do not include removal of liners or vaults.
2.48.250 LIABILITY. The city shall not be liable for lost misplaced or
broken flower vases; for plants, herbage or plantings of any kind; nor for
markers, merner-ials monuments or permanent vases damaged by the elements,
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thieves, vandals or by any other cause beyond its control. (Ord. 1459 Sec. 24,
1971.)
2.48.260 ORDERS GIVEN BY TELEPHONE. The city shall not be held
responsible for any order given by telephone, or for any mistake occurring from
the want of precise and proper instructions as to the particular space, size and
location in a lot, niche or section where interment is desired. (Ord. 1459 Sec.
25, 1971.)
2.48.270 ERRORS MAY BE CORRECTED. The city reserves, and shall
have the right to correct any errors that may be made by it either in making
interments, disinterments or removals, or in the description, transfer or
conveyance of any lot or niche, either by canceling such conveyance and
substituting any conveying in lieu thereof another lot of equal value and similar
location as far as possible, or as may be selected by the city; or in the sole
discretion of the city, by refunding the amount of money paid on account of the
purchase. In the event the error involves the interment of the remains of any
person in such property the city reserves and has the right to remove and
reenter the remains to such other property of equal value and similar location
as may be substituted and conveyed in lieu thereof. The city shall exercise due
care in making any disinterment and removal, but it shall assume no liability
for damage to any casket, burial case, urn or contents thereof incurred in
making the disinterment and removal. (Ord. 1459 Sec. 26, 1971.)
2.48.280 PERMISSION TO REMOVE REMAINS. The remains of a
deceased person may be disinterred from a lot or niche with the consent of the
City and the written consent of one of the following in the order named:
(a) The surviving spouse; or
(b) The surviving children of the decedent; or
(c) The surviving parents of the decedent; or
(d) The surviving brothers and sisters of the decedent.
If the required consent cannot be obtained, permission by_the Superior
Court of Franklin County is sufficient: PROVIDED, that the permission shall
not violate the terms of a written contract or the rules and regulations of the
cemetery.
2.48.290 EXCEPTIONS. Section 2.48.280 does not apply to or prohibit
the removal of any remains from one lot to another within the cemetery or the
removal of remains by the City from a lot or niche for which the purchase price
is pas due and unpaid, to some other suitable place; not do the reapply to the
disinterment of remains upon order of court or coroner.
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2.45.300 CARE IN REMOVAL - C17Y NOT LIABLE FOR DAMAGES. The
Ci shall exercise due care in making a disinterment and removal but it shall
assume not liability for damage to any casket or burial case incurred in making
the disinterment and removal.
Section 2. This ordinance shall take effect five (5) days after passage
and publication.
PASSED by the City Council of the City of Pasco, Washington, at a
regular meeting this 1 st day of November, 1999.
Charles D. Kilbury, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Leland B. Kerr, City Attorney
Deputy City Clerk
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