[Ord. 12-1286; Ord. 18-1419]
The purpose of this chapter is to provide regulations controlling the operation of Metro owned and operated Historic Cemeteries and governing the use of these Cemeteries by members of the public in order to protect and preserve the Historic Cemeteries, the Graves and the Remains of those interred therein.
[1]
Editor's Note: Chapter 10.05 was formerly Ch. 10.04, Pioneer Cemetery Properties, and was revised by Ord. 18-1419.
[Ord. 12-1286; Ord. 18-1419]
The Metro Council has determined that it is necessary to adopt this Chapter in order to ensure the long-term stability of Metro's cemetery operations, which will be achieved by Cemeteries being operated as follows:
(a) 
In compliance with applicable state laws;
(b) 
As community assets;
(c) 
In a manner that will maximize public financial benefit and long-term stability; and
(d) 
To protect and preserve their historically significant nature.
All four above objectives are to be considered equally important in the management of Metro's Historic Cemeteries.
[Ord. 12-1286; Ord. 18-1419]
For the purposes of this Chapter, unless the context requires otherwise, the following terms have the meanings given to them below:
AT-NEED
Means at the time of death sale of Graves/plots, services, memorials and materials which are to be delivered immediately or upon delivery to the Cemetery for immediate Interment.
BURIAL
Means the placement of Human Remains in a Grave, in accord with state law and regulations.
BURIAL SERVICES
Means the opening and closing of the Grave in accord with state law and regulations, including excavation and fill, the provision and placement of a concrete liner or vault and any overtime charges that apply.
CERTIFICATE OF INTERMENT RIGHTS or CERTIFICATE
Is a perpetual right to use property for burial purposes. The fee title of the property is without possession of any estate or interest in the land and all rights of ownership therein remain with Metro.
CREMATED REMAINS
Means the remains of a cremated human body after the completion of the cremation process.
CONTRACT OF PURCHASE or CONTRACT
Is an agreement between Metro and the purchaser of Burial Services or an Interment Right to a Grave space, Niche, or Ossuary.
DISINTERMENT
Is the removal of Human Remains from a Grave space as defined in ORS 97.220.
FAMILY PLOT
Means a group of contiguous Graves sold for the purpose of the Interment or Inurnment of related individuals as set forth and governed by ORS 97.560-650.
GRAVE
Means a space of ground in a Cemetery used or intended to be used for Interment or Inurnment.
HUMAN REMAINS or REMAINS
Are the body of a deceased person in any stage of decomposition.
INTERMENT
Is the disposition of Human Remains by entombment or Burial in a place used or intended to be used and dedicated for Cemetery purposes.
INURNMENT
Is the placement of cremated Human Remains by entombment or Burial in a place used or intended to be used and dedicated for Cemetery purposes.
MARKER
Means a flat Grave tablet or headstone placed flush to the ground, identifying a Grave or Graves.
MEMORIAL
Means a nameplate or inscription identifying a crypt or Niche, or any other improvement or permanent structure intended to identify the location of a Grave or Graves, other than a Marker or a Monument.
MONUMENT
Means an upright or vertical headstone or tombstone identifying a Grave or Graves.
NICHE
Means a space in a structure to place cremated Human Remains of one or more persons.
OSSUARY
Means is a communal below-ground depository for cremated Remains.
OUTER BURIAL CONTAINER
Is a concrete or composite material container which is buried in the ground to provide outer protection and into which Human Remains or Cremated Remains are placed for Burial purposes.
PERPETUAL CARE FUND
Is a special account set aside for holding of funds used for the required perpetual maintenance of the Cemetery grounds.
PRENEED
Means the sale and purchase of an Interment Right to a predetermined Grave in advance of use for any person to whom the owner designates for Burial in the predetermined Grave.
[Ord. 12-1286; Ord. 18-1419]
The areas dedicated for Interment purposes by Metro consist of the following properties:
(a) 
Brainard Cemetery located at NE 90th Ave. and NE Glisan St., Portland
(b) 
Columbia Pioneer Cemetery located at NE Sandy Blvd. and NE 99th Ave., Portland
(c) 
Douglass Pioneer Cemetery located at Hensley Road and SE 262nd Avenue, Troutdale
(d) 
Escobar Cemetery located at SW Walters Road and Littlepage Road, Gresham
(e) 
Gresham Pioneer Cemetery located at SW Walters Road, Gresham
(f) 
Grand Army of the Republic Cemetery located at SW Boones Ferry Road and Palatine Road, Portland
(g) 
Jones Cemetery located at SW Hewitt Blvd. and SW Humphrey Blvd., Portland
(h) 
Lone Fir Cemetery located at SE 26st Ave. and SE Stark St., Portland
(i) 
Mt. View-Corbett Cemetery located at Smith Road and Evans Road, Corbett
(j) 
Mt. View-Stark Cemetery located at SE Stark Street and SE 257th Street, Gresham
(k) 
Multnomah Park Cemetery located at SE 82nd Ave. and SE Holgate Blvd., Portland
(l) 
Pleasant Home Cemetery located at Bluff Road and Pleasant Home Road, Gresham
(m) 
Powell Grove Cemetery located at NE Sandy Blvd. and NE 122nd Ave., Portland
(n) 
White Birch Cemetery located at SW Walters Road, Gresham
[Ord. 12-1286; Ord. 18-1419]
(a) 
Metro's Cemeteries are open to the public from 7:00 am to legal sunset. Hours of operation will be posted at each Cemetery.
(b) 
Entering or remaining in a Cemetery outside of normal operating hours without obtaining prior authorization from Metro is a violation subject to Ejectment and Exclusion from the Cemetery as set forth in Metro Code Section 10.02.110.
(c) 
Interments and Inurnments may take place between the hours of 8:00 am and 3:30 pm daily, with the exception of Saturdays, Sundays and legal holidays. Interments and Inurnments may be made outside of these hours at the discretion of the Director, for an additional fee.
[Ord. 12-1286; Ord. 18-1419]
Uses other than Interment, Grave visitation, passive recreation, and historical research are prohibited unless specifically provided by Special Use Permit issued pursuant to Chapter 10.02.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Interment Rights to a Grave may be sold by Metro both in advance (Preneed) or At-Need, by Contract of Purchase. Purchasers must pay the full fee for Interment Rights on the date of sale. Upon payment, Metro will issue the purchaser a Certificate of Interment Rights.
(b) 
Burial Services and goods may be sold At-Need through a Contract of Purchase.
(c) 
Fees and charges for Burial Services and goods must be fully paid before Interment/Inurnment will be permitted. Exceptions may be made at the discretion of the Director.
(d) 
Metro will retain ownership and control of all Graves or Niches sold, subject to the terms of the Certificate of Interment Rights.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Except as set forth in this Section, below, the sale by Metro of a group of Interment Right Certificates is prohibited.
(b) 
A group of contiguous Interment Right Certificates for contiguous Graves may be sold to one family or individual for the purposes of creating a Family Plot.
(c) 
A group of Interment Right Certificates other than a Family Plot may be sold upon the adoption of a resolution by the Metro Council approving an agreement establishing terms, including the rates and terms of resale. A one-time administrative fee set at the discretion of the Chief Operating Officer or designee must be charged in addition to regular fees and rates.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Interment/Inurnment Rights, whether conveyed by the Historic Cemeteries to the recipient by Deed, Certificate or other means, cannot be sold, transferred, bartered, exchanged or assigned (hereafter "Transfer(red)") to any other person or entity without the prior written consent of the Chief Operating Officer or designee, in accordance with Oregon Revised Statutes Chapter 97 and as set forth in Section 10.05.080.
(b) 
If an owner of an Interment Right seeks permission from Metro to Transfer an Interment Right, Metro will have the first right to buy back said Interment Right from the owner for the price paid when the Interment Right was originally sold.
(c) 
No attempted Transfer of an Interment Right will be complete or effective unless it has been approved by Metro and recorded in the Metro Cemetery records.
(d) 
A one-time administrative fee set at the discretion of the Chief Operating Officer or designee must be charged for all Transfers.
(e) 
The above set forth notwithstanding, the Transfer Interment/Inurnment Rights within Family Plots to family members in accord with Oregon Revised Statute Chapter 97 is permitted without fee or other charge.
(f) 
Except as set forth in written agreements entered into by Metro prior to the first effective date of this Section 10.05.100 (January 2, 2013), the sale of Interment Rights by purchasers to third parties for more than the rate charged by Metro on the date of such sale is prohibited.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Unless ordered by the State Medical Examiner or a court having jurisdiction over Metro Cemeteries, Remains interred in a Grave at any Metro Cemetery may be disinterred only upon the written consent of the Chief Operating Officer or designee and the person having the right to control the disposition of said Remains, and in accordance with applicable state law.
(b) 
If Disinterment is needed by Metro and consent of the person having the right to control the disposition of said Remains cannot be obtained or such person cannot be located, the Chief Operating Officer or designee may apply to the Multnomah County Circuit Court for permission to disinter. Said application must be submitted only after notice of application to the Metro Council.
[Ord. 12-1286; Ord. 18-1419]
(a) 
All flowers, funerary decorations and plants on Graves in violation of this section, and/or that conflict with normal grounds maintenance, will be forfeited, removed and disposed without notice.
(b) 
All flowers, funerary easels and decorations placed on a Grave at the time of a funeral and not removed within three (3) weeks after the Interment are subject to removal and disposal by Metro.
(c) 
All flags, flowers and plants placed on Graves on Memorial Day and not removed within three (3) weeks after Memorial Day are subject to removal and disposal by Metro.
(d) 
Artificial flowers and plants are prohibited between March 1st and November 15th of each year, except for a period of three weeks after Memorial Day observance.
(e) 
All flowers, funerary easels and decorations will be subject to removal and disposal by Metro when they become withered, faded or otherwise unsightly, in Metro's sole discretion.
[Ord. 12-1286; Ord. 18-1419]
Personal property, including but not limited to, sacred objects, photographs, toys, clothing, glassware, banners, pin-wheels, chimes, balloons or staked items, left in the Cemetery or placed on or near a Grave is prohibited, except as otherwise permitted in writing by Metro at the discretion of the Director. Said personal property will be forfeited, removed by Metro and disposed without notice or other process.
[Ord. 12-1286; Ord. 18-1419]
Grave improvements other than Metro approved Markers, Monuments and Memorials are prohibited. The placement or installation by any person of temporary or permanent improvements covering, bordering or indicating the boundaries of Graves, including but not limited to posts and fences of any kind, walls, coping or curbs of concrete brick, stone or marble, is prohibited. Memorials and improvements so placed or installed will be deemed forfeited and will be removed by Metro and disposed without notice.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Grave Markers will be limited to no more than two (2) per Grave, and installed within three feet of the head of the Grave. Persons installing a Grave Marker must submit an Installation Authorization Form to Metro depicting and describing the Marker and providing proof that said person is authorized to perform installation by the owner(s) of the Interment Right described on the Certificate of Interment and the person with legal right of disposition of the Remains. Exceptions may be approved by the Director or by Rule.
(b) 
No person may place any permanent Marker made of a material other than natural stone or bronze metal in a Metro Cemetery.
(c) 
No person may place any permanent Marker in a Metro Cemetery unless properly supported with a foundation/collar made of concrete three (3) inches in width, flush with the ground, having no beveled edges. Each foundation/collar must be marked with the Grave, lot and block number of the Cemetery in which it is placed.
(d) 
Markers and Marker bases may not exceed the width of the Grave and may be no larger than the following dimensions:
(1) 
Single Grave 18" x 30"
(2) 
Companion Graves 18" x 60"
(3) 
Memorial or vase block 12" x 12"
(e) 
The installation of any improvement to a Grave other than a Marker is prohibited, unless otherwise approved by the Director.
[Ord. 12-1286; Ord. 18-1419]
(a) 
Monuments and Memorials are generally prohibited, but may be allowed at the discretion of the Director, or as permitted by any Rule.
(b) 
Monuments and Memorials permitted under this section must comply with the requirements for Markers set forth in Section 10.05.180, above, and are subject to an additional fee. The owner(s) of the Interment/Inurnment Right and/or the person with legal right of disposition must enter into an Agreement with Metro providing permission to install the Monument or Memorial and releasing Metro from liability for any and all damage or destruction of the Monument or Memorial that may occur.
[Ord. 12-1286; Ord. 18-1419]
(a) 
The Director may preclude an Interment/Inurnment in a Cemetery based on a determination that the ownership of the right of Interment/Inurnment, the location of the Grave, or the ability to open said Grave without intruding upon nearby occupied Graves is in doubt.
(b) 
When an Interment/Inurnment is precluded by the Director under subsection (a), or if for any other reason an Interment/Inurnment space cannot be opened, Metro may elect to direct Interment/Inurnment of Remains in an available Grave in such location in the Cemetery as is deemed reasonably appropriate and reasonably equivalent in value at the sole discretion of the Director.
(c) 
The Chief Operating Officer or designee may correct any errors made by Metro in the description or transfer of Interment/Inurnment Rights, or by its agents in performing Interments/Inurnments, Disinterment or removals, when determined to be necessary in his/her sole discretion. The Chief Operating Officer or designee may void the erroneous grant of any Interment/Inurnment Certificate and provide a refund of the purchase price, or substitute in lieu thereof an Interment/Inurnment Certificate for a Grave selected by Metro within the same Cemetery of equal value and reasonably similar location if possible. In the event such error involves the Interment/Inurnment of the remains of any person, the Chief Operating Officer or designee may, at his/her sole discretion, elect to disinter said remains in accord with state law and reinter them in another available Grave within the same Cemetery, of equal value and reasonably similar location as may be substituted and conveyed as set forth the above.
[Ord. 12-1286; Ord. 18-1419]
(a) 
The Director will establish rates for the Perpetual Care Fund, sale of Interment/Inurnment Rights for Graves and Niches and set fees and charges for Historic Cemetery goods and services, including Burial and other required or optional services. Said rates, fees and charges will be designed to recover all costs of operating the Cemeteries and may be adjusted from time to time by the Director without notice, to reflect market rates and to ensure the solvency and financial stability of the Cemeteries.
(b) 
Interment/Inurnment Right purchasers must pay the rate, fees and charges on the date of purchase. Except as otherwise set forth in this chapter, no option to purchase rights or other prospective rights to Interment in the Historic Cemeteries may be granted unless approved by resolution of the Metro Council setting forth the terms and conditions of said option or prospective right. Prices, fees and charges for services may vary among Cemeteries, as determined by the Director.
(c) 
The Director may reduce rates, fees and charges for Grave sales and Burial Services in situations of extreme financial hardship or in cases of Wards of the State. All reductions or waivers must be applied by written order setting forth the facts justifying the waiver or exemption.
[Ord. 12-1286; Ord. 18-1419]
Due to the confidentiality and sensitive nature of Cemetery records, Metro will not distribute personal or contact information regarding any Interment/Inurnment Rights performed within the last 50 years from date of inquiry without proof of lineage, except as required by Oregon public records laws.