Chapter 2.50


2.50.010    Title of chapter.

2.50.020    Purpose of chapter.

2.50.030    Cemetery board – Created.

2.50.040    Cemetery board – Power and duties.

2.50.050    Cemetery – Rules and regulations.

2.50.060    Penalties for violation – Section 3-17-1 NMSA.

2.50.070    Transfer of other cemetery to the Village of Cimarron.

2.50.080    Burial plots – Sizes and fees.

2.50.010 Title of chapter.

This chapter shall be known as the Mountain View cemetery ordinance. [Ord. 182 § 1, 1995].

2.50.020 Purpose of chapter.

This chapter is enacted for the following purpose and intent:

A. To effect and accomplish the protection, enhancement and perpetuation of a municipal cemetery that represents and reflects the Village’s culture and social history;

B. To safeguard the Village’s cemetery by a regular system of upkeep; and

C. To foster civic pride in the beauty and remembrance of the deceased residents of the Village of Cimarron. [Ord. 182 § 2, 1995].

2.50.030 Cemetery board – Created.

A. Creation. The governing body of the Village of Cimarron shall be known as the cemetery board unless the governing body sees it necessary to establish a separate board. The board’s responsibility is to administer the provisions of this chapter.

B. Members. If the board is made up of members other than the governing body, the board shall consist of five members appointed by the mayor with the advice and consent of the governing body. The members shall serve for a term of two years, without compensation, and shall qualify for board membership by taking an oath of office to faithfully and impartially discharge the duties of the office.

C. Organization. The board shall meet within 30 days after their appointments and organize by the election of one of its members as chairman. The board shall also elect one of its members as vice-chairman, and one as secretary, each of whom shall serve for one calendar year succeeding his/her election. The board shall adopt regulations governing the time and place of its meetings, shall notify the governing body of the time and place of its meetings, and shall post notice of its meetings in a conspicuous place. All meetings shall be conducted in accordance with open meeting requirements.

D. Removal of Board Members – Filling Vacancies. The governing body may remove a member of the cemetery board at the board’s discretion and shall fill any vacancy as stated in subsection (B) of this section. Removal will be automatic when the member does not attend three consecutive meetings. Such member shall be notified in writing of his/her removal. Thereafter, the governing body will be notified of the vacancy and requested to make a successor appointment. [Ord. 182 § 3, 1995].

2.50.040 Cemetery board – Power and duties.

The board shall be responsible for the cemetery and management of the cemetery; and shall adopt rules and regulations (unless it is a separate board from the governing body, then they shall make recommendations to the governing body) for the operation, management, care and custody of the cemetery.

A. Chairman. The chairman shall conduct meetings, request placement on the governing body’s agenda and appear before the governing body with recommendations.

B. Vice-Chairman. The vice-chairman shall perform the duties of the chairman in his/her absence.

C. Secretary. The secretary shall post all notices of meetings; shall take the official minutes of all meetings and give them to the clerk-administrator for incorporation in the Village records; and shall prepare and answer necessary correspondence which then becomes part of the Village record.

D. In accordance with the New Mexico Procurement Code, any cemetery purchase or employment must be done through the clerk-administrator, following the same guidelines applicable to Village employees. Any purchase exceeding $250.00 must include three written proposals or telephone quotes, be approved by the board if the cemetery board is different from the governing body, and receive final approval from the governing body. [Ord. 182 § 4, 1995].

2.50.050 Cemetery – Rules and regulations.

The following rules and regulations are enacted for the perpetual care of the cemetery:

A. Village Hall must be notified when any work is planned on a gravesite. Notification is not required for cleanup or placing of flowers.

B. For ease in mowing or other work by the Village or a private contractor, no obstacles are to be placed around gravesites. Any obstacles, such as fences, curbing, etc., must be approved by the cemetery board or its designee. If not approved, obstacles will be removed.

C. Wilted flowers, flower stands, etc., must be disposed of 10 days after the burial or they will be removed by a designee of the cemetery board.

D. When plastic flowers become unsightly, and if they are not disposed of by family or friends, they will be removed by a designee of the cemetery board.

E. Only permanent plants requiring little water and approved by the cemetery board or its designee are allowed. Unapproved plants will be removed.

F. The governing body of Cimarron may, in its discretion, create and install a memorial board situated in the cemetery, upon which plaques may be posted by private citizens in memory of the deceased. If such a board is established, plaques shall be obtained and installed through the Cimarron Village Hall. Fees for the plaques, inscriptions and installation shall be determined by the Village.

G. A memorial tree may be planted along the inside perimeter of the fence upon approval of the board or its designee. A standard brass three-inch-by-five-inch plaque may be used for identification on the memorial board.

H. The cemetery board reserves the right to do any maintenance work necessary to keep the cemetery in proper condition.

I. Only human remains may be buried in the Mountain View Cemetery of the Village of Cimarron.

J. Due to maintenance requirements, the cemetery board does not allow crypts or other aboveground receptacles in either section of the cemetery.

K. Since the cemetery is owned by the Village of Cimarron and the Village is a governmental agency it does not make or allow political statements of any kind, written or verbal. No signs, murals, etc., shall be allowed to be erected at the Mountain View Cemetery and no demonstrations or rallies shall be conducted. [Amended during 2014 codification; Ord. 182 § 5, 1995].

2.50.060 Penalties for violation – Section 3-17-1 NMSA.

Penalties for the violation of the rules and regulations of this chapter shall be in accordance with applicable state law, Section 3-17-1 NMSA 1978. [Ord. 182 § 6, 1995].

2.50.070 Transfer of other cemetery to the Village of Cimarron.

A. The governing body of Cimarron may accept and operate, under terms of this chapter, any cemetery within or adjacent to the municipality, received from any person, corporation, or organization owning or having authority to transfer such cemetery to the Village.

B. Any cemetery accepted by the governing board, as provided in this section, shall become a part of the Village of Cimarron and shall be governed as any other municipal cemetery is governed. [Ord. 182 § 7, 1995].

2.50.080 Burial plots – Sizes and fees.

A. The Village of Cimarron shall charge the sum of $200.00 for each single plot. The Village shall execute a deed conveying title to a purchaser. The deed is to be executed by the mayor and attested to by the clerk-administrator, and bear the seal of the municipality for a fee of $10.00.

B. The Village of Cimarron shall charge a sum of $150.00 for opening and closing the gravesite by the Village. If, by religion or tradition, a family prefers to close the grave, reduction of half the amount will be made in the closing bill.

C. The fees set forth in this section shall be subject to modification by subsequent action of the governing body.

D. Purchasers cannot sell their plot or plots without the written approval of the village council. [Amended during 2014 codification; Ord. 182 § 8, 1995].