HomeMy WebLinkAbout09/01/2009 17 Firearms in Tahoma Cemetery; YMC Amendment to 7.04.090BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 44-17
For Meeting of: September 1, 2009
ITEM TITLE: relating to public services; relating to possession of firearms in the Tahoma
Cemetery; and amending Yakima Municipal Code Section 7.04.090 to conform
with and be consistent with the Revised Code of Washington
SUBMITTED BY: Bronson Faul, Assistant City Attomey
CONTACT PERSON/TELEPHONE: Bronson Faul, 575-6033
SUMMARY EXPLANATION: The proposed amendment will make our city code consistent with
state law. The Revised Code of Washington regulates the prohibition on possessing firearms
and this code section is inconsistent with the state law.
Resolution. Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Pass Ordinance
COMMITTEE/BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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AN ORDINANCE
ORDINANCE NO. 2009 -
relating to public services; relating to possession of firearms in the
Tahoma Cemetery; and amending Yakima Municipal Code Section
7.04.090.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Section 7.04.090 of the City of Yakima Municipal Code is hereby amended to read
as s follows:
Following are the rules and regulations, including schedules of fees and charges, applicable
Ito the operation of Tahoma Cemetery:
A. Liner sizes are as follows:
I "Regular" shall mean an outside measurement of approximately thirty-three by eighty-nine
inches.
"5-0" shall mean an outside measurement of approximately twenty-four by seventy-three
Iinches.
I"4-0" shall mean an outside measurement of approximately twenty by sixty inches.
"3-0" shall mean an outside measurement of approximately twenty by forty-seven inches.
i "2-0" means an outside measurement of approximately eighteen by thirty-seven inches.
"Oversize" means an outside measurement of approximately thirty-five by ninety-one inches.
"Extra large" means an outside measurement of approximately forty-three and one-half by
one hundred one inches.
B. Commencing January 10, 2008, the following schedule of fees and charges shall be in
effect and applicable at Tahoma Cemetery. With the exception of funeral homes, all fees and
charges shall be paid in advance for burials.
Cemetery Lot Use Fee
Section A $657.00
Section B 657.00
Section C 657.00
Section D 808.00
Section E (Nonveterans) 747.00
Individual veteran all sections 558.00
Section F 657.00
Section G 657.00
Section H 657.00
Section I 657.00
Section J 657.00
Section K 657.00
Section L 647.00
Section M (Flat marker graves) 779.00
Section M (Upright marker graves) 833.00
City section 657.00
BHF/ORDINANCE Page 1 of 8
Masonic section
I.O.O.F. section
Baby section (Maximum 3-0 liner size)
Section E (Cremains)
Right of 2nd inumment
Above prices include mandatory endowment care fee.
657.00
657.00
272.00
299.00
319.00
Columbarium
Niche $901.00
Right of 2nd inumment 319.00
Above prices include mandatory endowment care fee.
Mausoleum Niches
Niche, marble front (12" x 12") $589.00
Endowment care 91.00
Niche, smallest glass front (18" x 20") 608.00
Endowment care 91.00
Niche, medium glass front (40" x 22") 677.00
Endowment care 179.00
Niche, Targe glass front (46" x 40") 736.00
Endowment care 179.00
Opening and Closing Graves
Regular liner $540.00
Oversized and jumbo liner 629.00
Baby (30 -inch) 180.00
Child (45 -inch) 199.00
Cremains 253.00
Mausoleum crypts 491.00
Niches 226.00
Vault 809.00
Liners
Regular $540.00
Oversized liner 719.00
Extra Targe liner 810.00
Baby (30 -inch) 180.00
Child (45 -inch) 208.00
Cremain um vault 270.00
(plus Washington State sales tax)
BHF/ORDINANCE Page 2 of 8
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Monument Settings
Government marker (Veteran)
Veteran's bronze marker on granite 24" x 36" base
Flat marker, 12" x up to 24"
Flat marker, 12" x 25"-36"
Flat marker, 12" x 37"-48"
Flat marker, 12" x 49"-60"
Flat marker, 12" x 61"-72"
Upright marker, 12" x up to 24"
Upright marker, 12" x 25"-36"
Upright marker, 12" x 37"-48"
Upright marker, 12" x 49"-60"
Upright marker, 12" x 61"-70"
Each additional inch, either way
Niche inscription, up to 30 characters
Niche inscription, each additional character
Niche emblem
Niche photo
, Galvanized vase setting charge (when set w/monument)
$226.00
325.00
235.00
270.00
434.00
596.00
760.00
270.00
360.00
600.00
846.00
1,090.00
22.00
188.00
3.00
63.00
88.00
20.00
Aeon vase setting charge (when set w/monument) 36.00
Galvanized vase 20.00
Aeon vase 73.00
Galvanized vase setting in granite border 167.00
Aeon vase setting in granite border 179.00
Galvanized insert 20.00
Re -set monuments setting fee + $70.00 clean
up charge
12 -inch marker (cremains only) 118.00
16 -inch marker (cremains and baby Tots only) 180.00
Um/marker combination (price does not include mandatory right of 382.00
2nd inumment fee)
(plus Washington State sales tax)
Incidental Charges
Disinterment, adult (does not include opening and closing of new $810.00*
grave if relocation in Tahoma)
Disinterment, baby (does not include opening and closing of new 450.00*
grave if relocation in Tahoma)
BHF/ORDINANCE Page 3 of 8
Disinterment, cremains (does not include opening and closing of 316.00*
new grave if relocation in Tahoma)
* Depending on degree of difficulty, an additional charge of up to $595.00 may be determined
by the parks and recreation manager or appointee.
Quit claim grave use certificate processing fee (to transfer $34.00
ownership of lot)
Historic Register copy 12.00
Saturday overtime a.m. only—Standard 402.00**
Saturday overtime a.m. only—Cremains 270.00***
(No Saturday chapel burials scheduled after 11:00 a.m.)
(No Saturday graveside burials scheduled after 11:30 a.m.)
** Includes up to six staff hours and two staff members for full-size burial.
*** Includes up to six staff hours and one staff member for cremain-size burial.
Weekdays: No indigent burial after 2:00 p.m.
No chapel service after 3:00 p.m.
No graveside service after 3:30 p.m.
An additional overtime charge of sixty-seven dollars per staff hour shall be charged for each
'additional staff hour incurred by the city due to services being required outside normal
!business hours.
C. If the cemetery is provided with verification and documentation that the deceased has
no surviving family members and was receiving one of the following types of public assistance
'at the time of his or her death: aid to families with dependent children, general assistance, and
poverty -related veterans' benefits, the cemetery charges will be fifty percent of the normal
!charge. This fifty percent reduction in price shall not apply to monument setting fees, vases or
;vase setting fees. The cemetery reserves the right to designate the location of all indigent
burials with the exception of burials intended for previously purchased gravesites. Indigent
burials will be allowed Monday through Friday only, unless by special permission of the parks
and recreation manager or appointee.
D. The size of grave liners or vaults in all cases is determined by the funeral director in
charge. Double -deep interments shall only be permitted if arranged prior to 2001. No double -
'deep burials shall be permitted in the baby and cremain section. In addition, no double -deep
!interments shall be permitted if a sectional grave liner is present in either of the adjoining Tots.
All graves shall be numbered with a permanent number and an accurate record kept of the
! name of the decedent and the number of the grave.
E. A maximum of four cremains may be placed .on an occupied full-size lot. This must be
accompanied with the proper notarized authorizations from the lot owner and/or the next of kin.
`A maximum of six cremains may be interred on a full-size unoccupied lot. All cremations
placed on full-size occupied or unoccupied lots are required to pay right of second inumment
!fees. Full-size lots may not be divided and sold as individual cremain lots by private owner for
profit.
F. Persons with dogs shall not be permitted to enter the cemetery grounds. The speed
limit for vehicular traffic within the cemetery is established at fifteen miles per hour. Each
!violation of this subsection shall constitute a civil infraction. The penalty for each infraction
shall be a fine in the amount of one hundred dollars. Speed infractions shall be in accordance
!with city and state laws.
BHF/ORDINANCE Page 4 of 8
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G. Notification and payment for interment or disinterment must be received in the
!cemetery office at least one business day in advance of such interment or disinterment. The
!cemetery can limit the number of services scheduled on any given day and can require
services to be rescheduled if publication of said service was done prior to notification being
received. This is to provide ample time for proper opening and closing and to ensure adequate
parking and privacy for each service.
': H. A burial permit must, in all cases, be filed with the Tahoma Cemetery office before
interment. A death certificate must, in all cases, be filed with the Tahoma Cemetery office
before inumment.
I. Interments or disinterments will not be allowed on Sunday, on a public holiday as
defined in YMC 9.10.060, or on Saturday aftemoon, except in cases of emergency as
!determined by the parks and recreation manager or appointee.
J. The cemetery reserves and shall have the right to correct any errors that may be made
by the cemetery either in making interments, disinterments or in the description, transfer or
!conveyance of any interment property, either by canceling such conveyance and substituting
! and conveying in lieu thereof other interment property selected by Tahoma Cemetery of equal
!value and similar location; or, at the sole discretion of the cemetery, by refunding the amount
I of money paid on account of said purchase. in the event the error shall involve the interment of
?the remains of any person in such property, the cemetery reserves the right to remove and
reinter the remains to such other property of equal value and similar. location as may be
!substituted and conveyed to the purchaser.
i K. All interments must be made in cement liners, cement vaults, cremain vaults or steel
!vaults, with the exception of cremains which rnust be in an um vault purchased from Tahoma
!Cemetery, with the exception of arrangements prepaid prior to 2008. Cement liners shall be
i made according to specifications designated by the parks and recreation manager or
appointee. No grave shall be opened or closed by anyone other than employees of the city of
!Yakima.
L. No tombs shall be erected on top of the ground. No stone or marker shall be placed on
! an occupied gravesite until all cemetery fees are paid in full. No stone or marker shall be
placed at a pre -need gravesite until said gravesite is paid for in full. Foundations for all
monuments and vases shall be built by the city of Yakima only, at the expense of the owner.
All foundations must be three to six inches larger all around than the base of the monument to
I a depth of four to six inches, and said foundation must be flush with the ground level.
Footstones will not be allowed in the cemetery except for footstones presently existing in the
( cemetery. All monuments must be set in line; monuments in the west row of each block must
face west, monuments in the east row of each block must face east according to the cemetery
survey; except on the tracts of irregular shape in which case the parks and recreation manager
I or appointee will determine the setting. All bases for monuments must be made of granite or
!marble. No sandstone or artificial base will be permitted. All markers placed in Section L, in the
Masonic baby plot, and in that part of Section E Tying south of a line drawn from, the southwest
comer of Block 35 to the southeast comer of Block 29, and west of a line drawn from the
I southeast comer of Block 29 to the southeast comer of Block 68, thence west to the southwest
comer of Block 67, thence south to the southwest comer of Block 144, shall be level with the
ground. Markers for single full-size graves will be a maximum of twenty-four inches in length
and twelve inches in width. Double markers for full-size graves will not exceed thirty-six inches
in length and twelve inches in width over two full-size graves. Larger companion markers will
i be allowed only with prior approval by the parks and recreation manager or appointee. Markers
for single cremain graves will be no more than sixteen inches in length and eight inches in
;width. Double markers for cremain graves will not exceed twenty-four inches in length and
!twelve inches in width over two cremain-size graves. No ledger type markers will be allowed in
j any location; provided, that this section shall not apply to ledgers presently existing in the
BHF/ORDINANCE Page 5 of 8
cemetery. All monument setting fees must be paid in full prior to the installation of any
monuments. Care and maintenance of headstones and monuments is the sole responsibility of
,the family of the deceased. Tahoma Cemetery and the city of Yakima are not responsible for
'damage to headstones caused by weather or by the actions of persons not employed by the
city of Yakima.
M. The indiscriminate planting of trees and shrubs in the cemetery is prohibited, and it
shall be the duty of the parks and recreation manager or appointee to remove all landscape
!features determined to be objectionable. If trees or shrubs in any lot become detrimental to
adjacent Tots or avenues in the judgment of the parks and recreation manager or appointee,
!they shall be removed.
N. Coping, fences, posts, and chains, and all wooden structures around lots, blocks or
graves are prohibited; and if any inscription, monument, effigy or other structure which the
parks and recreation manager or appointee deems offensive or improper is placed in or upon
any lot or grave, the name shall be removed upon order of the said parks and recreation
manager or appointee.
O. Funeral designs and floral pieces will be removed to a designated place as soon as the
same become unsightly or interfere with mowing in the judgment of the parks and recreation
manager or appointee. The city is not responsible for damage to or theft of cut flowers, potted
plants, displays or containers. Anyone leaving such articles in the cemetery does so at their
own risk. The placing of balloons, toys, ornaments, settees, and similar articles upon plots shall
not be permitted and if so placed, the cemetery may remove the same.
P. Due to the inconvenience to mowing and grounds maintenance, artificial floral pieces
will not be allowed during the period from April 1st to October 31st, with the exception of
Memorial Weekend.
Q. Receptacles for cut flowers must be sunk level with the ground, thus ensuring the
safety of such articles and facilitating the cutting of the grass from the grave. Tin cans sunk in
the ground are prohibited. Glass containers are prohibited. Receptacles must be approved by
'the parks and recreation manager or appointee.
R. All employees or other people engaged in performing work within the confines .of the
cemetery shall be under the supervision and direction of the parks and recreation manager.
Visitors must not interfere with the performance of duties of any employee or groundskeeper.
S. Lost and found articles are to be turned in to the Tahoma Cemetery site office.
T. All paper and other rubbish must be deposited, by the person responsible therefor, in a
receptacle provided for that purpose.
U. As provided for by this chapter, any owner desiring to transfer or assign a part of his
!tract to another person must have a record of his transfer or assignment noted on the
cemetery records and a copy of the transaction shall be kept in the cemetery office.
V. The parks and recreation manager or appointee is authorized and directed to expel
!from the cemetery any person disturbing its sanctity by boisterous or other improper conduct,
! or who shall violate any of the foregoing rules.
W. (1) Endowment care lots, pre -need arrangements or a combination of both may be
purchased on installment contracts in the form provided by the city of Yakima. Under this plan,
no lot(s), service(s) or monument(s) can be used or placed until property fees, service fees and
'monument setting fees are paid in full.
(2) Contracts will be signed and kept on file in the cemetery office. All contracts will require
a ten percent down payment with an appropriate payment schedule designated. Contracts for
!endowment care lots shall require payment in full within twelve months. A grave use permit to
the endowment care lot(s) will be mailed from the city of Yakima clerk's office to the lot owner
within thirty days of final payment. A combined contract for an endowment care lot and pre-
; need services shall require payment in full within thirty-six months. Any payment that is more
than sixty days past due will be assessed a one percent per month interest penalty on the
BHF/ORDINANCE Page 6 of 8
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unpaid balance. In the event the delinquent account is for a pre -need gravesite, the city may,
i at its option, return the grave to open inventory for the purpose of resale and the purchaser will
!forfeit any moneys paid to that date. Upon default in payment of the balance due for
contracted services, the cemetery may deny further burials in the cemetery until full payment is
I made.
(3) The public works director and parks and recreation manager are hereby authorized to
enter into contracts for the sale of lots, liners, vases, markers and other incidental services. All
;contracts must be approved and signed by the public works director and parks and recreation
manager before acceptance. All contracts will constitute a personal obligation on the part of
!the purchaser(s) and also shall be binding on the purchaser(s)' heirs, successors, and assigns.
(4) No refunds on endowment care, lots or pre -need services will be given. Any property
!abandoned for a period of seven years with no contact from the owner(s), after attempt by
certified mail to contact, shall revert back to the city of Yakima for resale.
(5) Any person that purchases ten or more lots at one time is entitled to a seven percent
discount on the total price of the lots. This discount does not apply to the purchase of
endowment care lots.
X. Section M of the Tahoma Cemetery will have the following maximum marker sizes.
;Single grave upright marker will be no greater than twelve inches wide by twenty-four inches
long and no more than forty-eight inches high. Double upright marker may be no more than
!twelve inches wide, up to fifty-seven inches long and no more than forty-eight inches high.
Single flat markers will be no greater than twelve inches wide and twenty-four inches long and
;will be set flush with the ground. Double flat markers may be no more than twelve inches wide
and up to fifty-seven inches long and will be set flush with the ground. Upright markers will be
allowed only in Block 69; in all blocks north thereof to and including Block 58; in all blocks east
thereof to and including Block 285 and in all blocks northeast thereof to and including Block
1274; for a total of one hundred fifty-six blocks. Flat markers will only be allowed in the upright
i area for the second marker placed on a grave. If right of second inumment is exercised, for up
Ito two additional cremain burials per grave, only one additional flat headstone will be allowed
;per grave. That marker will be placed against the east edge of the existing marker. Each grave
is thirty-six inches by one hundred twenty inches.
Y. -A maximum of two cremains may be placed in a columbarium niche. This must be
!accompanied with the proper notarized authorizations from the niche owner and/or the next of
;kin. The second cremation placed in a niche must pay right of second inumment fees as
'required by Tahoma Cemetery. Columbarium niches may not be divided and sold as individual
niches by private owner.
Z. All inscriptions on the columbarium niches shall be of similar style and size. All
I? inscription fees must be paid in full prior to inscription services being ordered. All inscription
i services will be performed by Tahoma Cemetery staff or their appointees determined by the
parks and recreation manager. Vases will be allowed only at the discretion of the parks and
recreation manager or appointee.
Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
BHF/ORDINANCE Page 7 of 8
ADOPTED BY THE CITY COUNCIL this 1s` day of September, 2009.
David Edler, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
BHF/ORDINANCE Page 8 of 8