§ 750-Q — Maintenance fees for pet cemeteries

New York § 750-Q

• Jurisdiction: New York
• Law GBS: General Business
• Art. 35-C: Operation of Pet Cemeteries and Pet Crematoriums

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§ 750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner\nmay charge a permanent maintenance endowment fee for the care of the pet\ncemetery, which if charged, shall be placed by the pet cemetery owner\ninto a permanent maintenance endowment care or similar trust fund.\n 2. In lieu of a permanent maintenance endowment fee, the operator of a\npet cemetery and a pet owner may enter into a contract for care of the\npet cemetery on an annual basis. The pet owner then shall be charged an\nannual maintenance fee which shall be paid in the manner described\nbelow. However, only one contract for annual maintenance shall be\nentered into per gravesite and shall state specifically the amount of\nthe annual maintenance fee to be paid each year. The contract shall also\nstate that failure to pay these annual fees can result in the\ndisinterment of the pet.\n (a) The annual maintenance fee, billed each calendar year shall be\nplaced by the pet cemetery owner in the general account of the pet\ncemetery to be used for pet cemetery operation and maintenance during\nthe succeeding years. For the purposes of this section and section seven\nhundred fifty-r of this article, the term pet cemetery operation and\nmaintenance shall mean all costs incurred to operate and maintain a pet\ncemetery including salaries and bonuses for employees, officers and\ndirectors, but shall not include any fines or penalties imposed by the\nsecretary of state or other agency or court.\n (b) If the annual maintenance fee is not paid within ninety days of\nthe date of which it is due, the pet cemetery owner shall notify the pet\nowner in writing that such fee is due and payable. If such annual\nmaintenance fee is not paid within ninety days of such writing, the\ndisposal rights or rights to continuing care of a pet grave of the pet\nowner shall terminate.\n (c) If the annual maintenance fee is not paid within one hundred\neighty days of the date of which it is due, the disposal rights of a pet\nowner shall then terminate and the pet cemetery owner may at anytime\nthereafter remove such pet and if removed dispose of remains by mass\ncremation or mass burial.\n (d) Nothing in this section shall prevent a pet owner from prepaying\nannual maintenance fees for any number of years in advance.\n