Title 68 — Title 68 CEMETERIES, MORGUES, AND HUMAN REMAINS

The county legislative authority must conduct a hearing on the petition not less than twenty nor more than forty days from the date of receipt of the petition from the county auditor. The hearing may be completed on the day set for hearing the petition or it may be adjourned from…

The text of the petition with the names of petitioners omitted and a notice signed by the clerk of the county legislative authority stating the day, hour, and place of the hearing must be published in three consecutive weekly issues of the official newspaper of the county prior t…

At the time and place fixed for the hearing on the petition or at any adjournment thereof, the county legislative authority must hear the petition and receive such evidence as it may deem material in favor of or opposed to the formation of the proposed cemetery district or to the…

(1) After conducting the hearing on the petition, if the county legislative authority determines that the formation of the proposed cemetery district will be conducive to the public welfare and convenience, the county legislative authority must by resolution so declare, otherwise…

Except as otherwise provided in this chapter, the election must insofar as possible be called, noticed, held, conducted, and canvassed in the same manner and by the same officials as provided by law for special elections in the county. The notice of election must: State generally…

Cemetery district elections shall conform with general election laws, except that there shall be no primary to nominate candidates. All persons filing and qualifying shall appear on the general election ballot and the person receiving the largest number of votes for each position…

The ballot for the election shall be in such form as may be convenient but shall present the propositions substantially as follows:". . .(insert county name). . . cemetery district No. . . .(insert number). . .. . .Yes. . . . . .(insert county name). . . cemetery district No. . .…

(1) The returns of the election must be canvassed following the election, but the canvass may be adjourned from time to time to await the receipt of election returns. Upon conclusion of the canvass, the canvassing officials must certify the results to the county legislative autho…

(1) Any person, firm, or corporation having a substantial interest involved, and feeling aggrieved by any finding, determination, or resolution of the county legislative authority under the provisions of this chapter, may appeal within five days after the finding, determination, …

A county legislative authority may, by ordinance or resolution, provide for a ballot proposition to form a cemetery district. When proposed by ordinance or resolution of the county legislative authority, a ballot proposition shall designate the boundaries of the proposed district…

Cemetery districts created under this chapter shall be deemed to be municipal corporations within the purview of the Constitution and laws of the state of Washington. They shall constitute bodies corporate and possess all the usual powers of corporations for public purposes. They…

A cemetery district may jointly operate or provide, cooperate to operate and provide and/or contract for a term of not to exceed five years to provide or have provided public cemetery facilities or services, with any other public or private agency, including out of state public a…

As used in RCW 68.52.192, "public agency" means counties, cities and towns, special districts, or quasi municipal corporations.[ 1987 c 331 s 73; 1963 c 112 s 2. Formerly RCW 68.16.113.]

In addition to other authority that a cemetery district possesses, a cemetery district may provide any public improvement as defined under RCW 39.89.020, but this additional authority is limited to participating in the financing of the public improvements as provided under RCW 39…

The taking and damaging of property or rights therein by any cemetery district to carry out the purposes of its creation, are hereby declared to be for a public use, and any such district shall have and exercise the power of eminent domain to acquire any property or rights therei…

(1) A cemetery district organized under this chapter shall have power to acquire, establish, maintain, manage, improve and operate cemeteries and conduct any and all of the businesses of a cemetery as defined in this title. A cemetery district shall constitute a cemetery authorit…

(1) The affairs of the cemetery district must be managed by a board of cemetery district commissioners composed of three members. The board may provide, by resolution passed by the commissioners, for the payment of compensation to each of its commissioners at a rate of up to nine…

Special elections submitting propositions to the registered voters of the district may be called at any time by resolution of the cemetery commissioners in accordance with RCW 29A.04.321 and 29A.04.330, and shall be called, noticed, held, conducted and canvassed in the same manne…

Each cemetery commissioner, before assuming the duties of his or her office, shall take and subscribe an official oath to faithfully discharge the duties of his or her office, which oath shall be filed in the office of the county auditor.[ 2012 c 117 s 320; 1986 c 167 s 24; 1947 …

The board of cemetery district commissioners shall organize and elect a chair from its number and shall appoint a secretary for such term as the board may determine. The secretary shall keep a record of proceedings of the board and perform such other duties as may be prescribed b…

It shall be the duty of the county treasurer of the county in which any cemetery district is situated to receive and disburse all district revenues and collect all taxes authorized and levied under this chapter. There is hereby created in the office of county treasurer of each co…

Annually, after the county board of equalization has equalized assessments for general tax purposes, the secretary of the district shall prepare a budget of the requirements of the cemetery district fund, certify the same and deliver it to the board of county commissioners in amp…

The county treasurer shall disburse the cemetery district fund upon warrants issued by the county auditor on vouchers approved and signed by a majority of the board of cemetery commissioners and the secretary thereof.[ 1947 c 6 s 22; Rem. Supp. 1947 s 3778-171. Formerly RCW 68.16…

The board of cemetery commissioners shall have no authority to contract indebtedness in any year in excess of the aggregate amount of the currently levied taxes, which annual tax levy for cemetery district purposes shall not exceed eleven and one-quarter cents per thousand dollar…

Cemetery districts may be dissolved by a majority vote of the electors at an election called for that purpose, which shall be conducted in the same manner as provided for special elections, and no further district obligations shall thereafter be incurred, but such dissolution sha…

See chapter 57.90 RCW.

See RCW 68.05.900.

Any territory contiguous to a cemetery district and not within the boundaries of a city or town other than as set forth in RCW 68.52.210 or other cemetery district may be annexed to such cemetery district by petition of ten percent of the registered voters residing within the ter…

A cemetery district organized under chapter 68.52 RCW may merge with another such district lying adjacent thereto, upon such terms and conditions as they agree upon, in the manner hereinafter provided. The district desiring to merge with another district shall hereinafter be call…

To effect such a merger, a petition therefor shall be filed with the board of the merger district by the commissioners of the merging district. The commissioners of the merging district may sign and file the petition upon their own initiative, and they shall file such a petition …

The board of the merger district may, by resolution, reject the petition, or it may concur therein as presented, or it may modify the terms and conditions of the proposed merger, and shall transmit the petition, together with a copy of its resolution thereon to the merging distri…

If the auditor finds that the petition contains the signatures of a sufficient number of qualified electors, he or she shall return it, together with his or her certificate of sufficiency attached thereto, to the board of the merging district. Thereupon such board shall adopt a r…

The board of [the] merging district shall notify the board of the merger district of the results of the election. If three-fifths of the votes cast at the election favor the merger, the respective district boards shall adopt concurrent resolutions, declaring the districts merged,…

If three-fifths of all the qualified electors in the merging district sign the petition to merge, no election on the question of the merger is necessary. In such case, the auditor shall return the petition, together with his or her certificate of sufficiency attached thereto, to …

None of the obligations of the merged districts or of a local improvement district therein shall be affected by the merger and dissolution, and all land liable to be assessed to pay any of such indebtedness shall remain liable to the same extent as if the merger had not been made…

The commissioners of the merging district shall, forthwith upon completion of the merger, transfer, convey, and deliver to the merged district all property and funds of the merging district, together with all interest in and right to collect any assessments theretofore levied.[ 1…

A part of one district may be transferred and merged with an adjacent district whenever such area can be better served by the merged district. To effect such a merger a petition, signed by not less than fifteen percent of the qualified electors residing in the area to be merged, …

If three-fifths of all the qualified electors in the area to be merged sign a petition to merge the districts, no election on the question of the merger is necessary, in which case the auditor shall return the petition, together with his or her certificate of sufficiency attached…

When a part of one cemetery district is transferred to another as provided by RCW 68.54.100 and 68.54.110, said part shall be relieved of all liability for any indebtedness of the district from which it is withdrawn. However, the acquiring district shall pay to the losing distric…

(1) Territory within a cemetery district may be withdrawn from the district in the same manner provided by law for withdrawal of territory from water-sewer districts, as provided by chapter 57.28 RCW, except as provided otherwise in subsections (2) and (3) of this section.(2) If …

See RCW 68.05.900.

Every person is guilty of a gross misdemeanor who unlawfully or without right wilfully does any of the following:(1) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down or removes, any tomb, plot, monument, memorial or marker in a cemetery, or any gate, door, fen…

Any person violating any provision of RCW 68.56.010 is liable, in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his or her unlawful acts. The sum recovered shall be applied in payment for the repair and restoration of the property i…

The provisions of *RCW 68.48.010 do not apply to the removal or unavoidable breakage or injury, by a cemetery authority, of any thing placed in or upon any portion of its cemetery in violation of any of the rules or regulations of the cemetery authority, nor to the removal of any…

Every person, firm, or corporation who is the owner or operator of a cemetery established in violation of *this act is guilty of maintaining a public nuisance, which is a gross misdemeanor.[ 2005 c 365 s 149; 2003 c 53 s 313; 1943 c 247 s 145; Rem. Supp. 1943 s 3778-145. Formerly…

Every person who violates any provision of *this act is guilty of a misdemeanor, and in addition is liable for all costs, expenses, and disbursements paid or incurred by a person prosecuting the case.[ 1943 c 247 s 139; Rem. Supp. 1943 s 3778-139. Formerly RCW 68.48.060.]Notes:*R…

The sexton, superintendent, or other person in charge of a cemetery, and such other persons as the cemetery authority designates have the authority of a police officer for the purpose of maintaining order, enforcing the rules and regulations of the cemetery association, the laws …

The office of any director or officer who acts or permits action contrary to *this act immediately thereupon becomes vacant.[ 1943 c 247 s 132; Rem. Supp. 1943 s 3778-132. Formerly RCW 68.48.090.]Notes:*Reviser's note: For "this act," see note following RCW 68.04.020.

See RCW 68.05.900.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Abandoned cemetery" means a burial ground of the human dead:(a) For which the county assessor can find no record of an owner;(b) Where the last known owner is deceased…