§ 1510 — Cemetery duties

New York § 1510

• Jurisdiction: New York
• Law NPC: Not-for-Profit Corporation
• Art. 15: Public Cemetery Corporations

Text

§ 1510. Cemetery duties.\n (a) Posting and distribution of rules, regulations, charges and\nprices. The rules, regulations, charges, and prices of goods, lots,\nplots or parts thereof shall be suitably printed and shall be\nconspicuously posted by the corporation in each of its offices, if any,\nand conspicuously displayed on any website the corporation maintains or\nthrough which it conducts business. A printed copy of charges and prices\nof goods, lots, plots or parts thereof shall be made available upon\nrequest by any person for up to the actual price of the printing of the\ncopy. For each day in which the corporation fails to post or display the\nrules, regulations, charges and prices the corporation shall be subject\nto a penalty of twenty-five dollars which may be recovered in a civil\naction by the cemetery board. For each instance in which the corporation\nfails to make available a copy of the prices of goods, lots, plots, or\nparts thereof, to a person who requests such copy, the corporation shall\nbe subject to a penalty of twenty-five dollars which may be recovered in\na civil action by the cemetery board. The cemetery board may waive the\npayment of the penalty or any part thereof.\n (b) Surveys and maps of cemetery. (1) Every cemetery corporation, from\ntime to time, as land in its cemetery may be required for burial\npurposes, shall survey and subdivide such lands and make and file in the\noffice of the corporation a map thereof, open to public inspection,\ndelineating the lots or plots, avenues, paths, alleys and walks and\ntheir respective designations; a true copy thereof shall upon its\nwritten request, be filed with the cemetery board. Any unsold lots,\nplots or parts thereof, in which there are no remains, by order of the\ndirectors, may be resurveyed and altered in shape or size, and properly\ndesignated on such map. (2) Every cemetery corporation shall provide\nreasonable access to every lot, plot and grave. This provision shall not\nbe applicable where on September first, nineteen hundred forty-nine such\naccess cannot be provided without the disinterment of a body or bodies.\nA cemetery corporation shall not permit or allow a body to be interred\nhereafter in a path, alley, avenue or walk shown on the cemetery maps or\nactually in existence. Nothing herein contained, however, shall prevent\na cemetery corporation in special cases from enlarging a lot by selling\nto the owner thereof the access space next to such lot, and permitting\ninterments therein, provided reasonable access to such lot and to\nadjoining lots is not thereby eliminated, and provided the approval of\nthe cemetery board shall have first been obtained.\n (c) Record of burials, natural organic reductions or cremations. A\nrecord shall be kept of every burial in the cemetery of a cemetery\ncorporation, showing the date of burial, the name, age, and place of\nbirth of the person buried, when these particulars can be conveniently\nobtained, and the lot, plot, or part thereof, in which such burial was\nmade. A copy of such record, duly certified by the secretary of such\ncorporation, shall be furnished on demand and payment of such fees\ntherefor as are allowed the county clerk for certified copies of\nrecords. Notwithstanding any other provision of this section, all\ncemetery corporations which conduct cremations or natural organic\nreductions shall maintain permanent records of the name of the deceased\nhuman being, the funeral home from which the remains were received, the\nreceipt of delivery of the deceased human remains, the authorizing agent\nfor the cremation or natural organic reduction, and the manner of\ndisposition of the remains. Such records may be reviewed by the division\nof cemeteries at any time.\n (d) When burial not to be refused. No cemetery corporation shall\nrefuse or deny the right of burial and the privileges incidental thereto\nin any lot, plot or part thereof to those otherwise lawfully entitled to\nbe buried therein, for any reason except for the non-payment of\ninterment charges and the purchase price of the lot, plot or part\nthereof, in accordance with the terms of the contract of purchase or\nexcept as provided in subdivision (f) of section fifteen hundred nine of\nthis article.\n (e) Removals. A body interred in a lot in a cemetery owned or operated\nby a corporation incorporated by or under a general or special law may\nbe removed therefrom, with the consent of the corporation, and the\nwritten consent of the owners of the lot, and of the surviving wife,\nhusband, children, if of full age, and parents of the deceased. If the\nconsent of any such person or of the corporation can not be obtained,\npermission by the county court of the county, or by the supreme court in\nthe district, where the cemetery is situated, shall be sufficient.\nNotice of application for such permission must be given, at least eight\ndays prior thereto, personally, or, at least sixteen days prior thereto,\nby mail, to the corporation or to the persons not consenting, and to\nevery other person or corporation on whom service of notice may be\nrequired by the court.\n (f) Expenses of improving vacant lot. Whenever a person having a lot\nin a cemetery shall vacate the same by a removal of all the bodies\ntherefrom, and leave such lot in an unsightly condition for one month,\nthe corporation may grade, cut, fill or otherwise change the surface\nthereof, without reducing the area of the lot. The expense, not\nexceeding ten dollars, shall be chargeable to the lot. If the owners of\nsuch lot, within six months after such expense has been incurred, shall\nnot repay such expense, the corporation may sell the lot at public\nauction upon the cemetery grounds, previous notice of such sale having\nbeen posted at the main entrance of the cemetery, and mailed to the\nowners of such lot at their last-known post office address, at least ten\ndays prior to the day of sale, and shall pay the surplus, if any, on\ndemand to the owners of such lot.\n (g) Removal or correction of dangerous conditions in cemetery lots.\nAny plant life, fencing or embellishment or structure other than a\nmausoleum, monument or mound, in a lot, plot or part thereof which\nbecomes so worn, neglected, broken or deteriorated that its continued\nexistence is a danger to persons or property within the cemetery grounds\nmay be removed, repaired or corrected by the cemetery corporation at its\nown cost and expense, provided it first gives not less than fifteen days\nnotice by registered or certified mail to the last known owner at his\nlast known address to repair or remove such object and the said owner\nshall fail to repair or remove the object within the time provided in\nsaid notice. In the event of such removal, correction or repair by the\ncemetery corporation it shall, within twenty days thereafter, notify the\nlot owner, by registered or certified mail addressed to him at his last\nknown address, of the action taken by the cemetery corporation. Nothing\nherein contained shall be construed to affect, supersede or impair any\ncontract, rule or regulation duly approved by the cemetery board, or\nright or obligation of the cemetery corporation, nor shall it be\nconstrued as placing any legal duty or obligation to exercise any right\nauthorized by this subdivision.\n (h) Repair or notice as to non-dangerous damage or defacement. Except\nas otherwise provided by rule or regulation of the cemetery board\npursuant to subparagraph two-a of paragraph (c) of section fifteen\nhundred four of this article, in the event a lot, plot or part thereof\nis substantially damaged or defaced which does not present a dangerous\ncondition to persons or property, or in the event a mausoleum, monument\nor mound in a lot, plot or part thereof is substantially damaged or\ndefaced, and the correction of such condition is not subject to the\nprovisions of paragraph (g) of this section or section fifteen hundred\nten-a of this article, the cemetery corporation within thirty days of\nthe discovery of this condition may at its own cost and expense repair\nthe damage or defacement, or if it determines not to do so, the\ncorporation shall within such thirty day period notify the owner, his or\nher distributee or the person filing an affidavit with such corporation\npursuant to the provisions of paragraph (e) of section fifteen hundred\ntwelve of this article of such condition at the last address of such\nowner, distributee or person appearing on the books and records of the\ncorporation. The notice shall be sent by first class mail and a\ncertificate of mailing shall be obtained. Nothing herein contained shall\nbe construed as establishing any right of damages not otherwise provided\nby law, rule or contract in any person against the cemetery corporation\nfor failure to repair any condition described or give notice thereof as\nprovided for in this paragraph.\n (i) Record of inscriptions to be filed. Whenever, under any general or\nspecial law, any cemetery is abandoned or is taken for a public use, the\ntown board of the town or the governing body of the city in which such\ncemetery is located, shall cause to be made, at the time of the removal\nof the bodies interred therein, an exact copy of all inscriptions on\neach headstone, monument, slab or marker erected on each lot or plot in\nsuch cemetery and shall cause the same to be duly certified and shall\nfile one copy thereof in the office of the town or city clerk of the\ntown or city in which such cemetery was located and one copy in the\noffice of the state historian and chief of the division of history in\nthe department of education at Albany. In addition to such inscriptions,\nsuch certificate shall state the name and location of the cemetery so\nabandoned or taken for a public use, the cemetery in which each such\nbody was so interred and the disposition of each such headstone,\nmonument, slab or marker.\n (j) Grave markers. No cemetery corporation, which provides for the\nburial of persons of the Jewish faith, shall promulgate any rule or\nregulation prohibiting the use of cement beds as a means of demarcating\na specific grave area. Such cemetery corporations shall provide this\nservice to all persons of the Jewish faith requesting this method of\nmarking a grave when such grave area is provided through the agency of a\nmembership or religious corporation or unincorporated association or\nsociety which provides burial benefits for the members. Subject to the\nrules and regulations promulgated by the cemetery board, such cemetery\ncorporations shall establish the schedule of charges to be assessed for\ninstallation and maintenance of cement beds. The schedule of charges\nshall be filed with and approved by the cemetery board. Such regulation\nmay require the payment of the cost of perpetual care as a condition to\nsuch installation and maintenance. The charges assessed shall be paid by\nthe person requesting the service. The provisions of this paragraph\nshall only be applicable within the counties contained within the first,\nsecond, tenth and eleventh judicial districts as such districts are\narranged pursuant to section one hundred forty of the judiciary law.\n (k) Notice and restoration as to damage and defacement due to\nvandalism. In the event a monument is damaged or defaced by an act of\nvandalism, the cemetery corporation shall, within thirty days of the\ndiscovery of such damage, notify the owner, his distributee or the\nperson filing an affidavit with such corporation pursuant to the\nprovisions of paragraph one of subdivision (e) of section fifteen\nhundred twelve of this article of such damage in the manner provided in\nsubdivision (h) of this section. The cost and expense of such notice may\nbe provided from the fund where such fund exists. If a fund has been\nestablished, the cemetery corporation shall restore the monument with\nmoneys from such fund. If such a fund has not been established or where\nsuch fund is inadequate to restore the monument, the cemetery\ncorporation may restore such monument at its own cost and expense.\nNothing herein contained shall be construed as establishing any right of\ndamages not otherwise provided by law, rule or contract in any person\nagainst the cemetery corporation for failure to restore any monument if\nno monument maintenance fund exists or if such fund is inadequate to\nrestore such monument.\n (l) Removal of monument. No person or organization shall remove a\nmonument without authorization in the form of a court order from a court\nof competent jurisdiction, or without the written authorization of the\nowner of a burial plot, or the lineal descendants of the deceased, if\nsuch owner or lineal descendants are known, and without obtaining\nwritten approval from a duly incorporated cemetery association, which\nassociation shall keep a record of all such written approvals. The\nprovisions of this section shall not prohibit the removal, in accordance\nwith rules and regulations promulgated by the secretary of state, of a\nmonument for the purpose of repair, nonpayment or adding inscriptions as\nauthorized by a cemetery association or as permitted in this article. A\nviolation of any provision of this paragraph shall be punishable by a\nfine not to exceed five hundred dollars.\n (m) Use of construction and demolition debris for burial. No cemetery\ncorporation or religious corporation having charge and control of a\ncemetery which heretofore has been or which hereafter may be used for\nburials, shall use construction and demolition debris, as that term is\ndefined in 6 NYCRR 360-1.2, for the purpose of burying human remains.\n (n) Interment of pet cremated remains. The interment of pet cremated\nremains in a cemetery corporation shall be available to a lot owner only\nin those circumstances where the interment is incidental to the burial\nof human remains and where authorization has been provided in a written\nstatement from the cemetery corporation. The cemetery corporation shall\nprovide a list of approved charges for the interment of such remains.\nAll payments received for interment of such remains shall be deposited\nin the cemetery corporation's permanent maintenance fund. Pet cremated\nremains must be disposed of by placing them in a grave, crypt, or niche.\nNothing in this section shall obligate a cemetery corporation to allow\ninterment of such cremated pet remains where prior approval at the time\nof sale or in advance of need has not been received. The provisions of\nthis section shall not apply to an incorporated or unincorporated\ncemetery operated, supervised or controlled by a religious corporation\nor a lot, plot or part thereof whose record owner is an incorporated or\nunincorporated religious association or society.\n (o) Posting and distribution of the New York state cemetery disclosure\nform. (1) New York state cemetery disclosure forms shall be created by\nthe state cemetery board and shall be posted on the website of the\ndivision of cemeteries in the department of state. Copies of such forms\nshall be suitably printed by the cemetery corporation and conspicuously\ndisplayed in each of its offices, if any, so that all persons visiting\nsuch place may readily see the form and inspect its contents. Physical\ncopies of the forms shall be made available to any person inquiring\nabout cemetery lots, goods, or services. A corporation may offer a\ncustomer the option of receiving the forms through the use of a quick\nresponse (QR) code in lieu of receiving a paper copy.\n (2) The New York state cemetery disclosure forms shall be in the form\nand manner as prescribed by the state cemetery board, shall include the\ncontact information of the New York department of state division of\ncemeteries, and shall contain an explanation of the rights of lot owners\nand family members including, but not be limited to, the following:\n (A) a website address, and a hyperlink in the case of electronic\ncopies, for information about the regulation of cemeteries in New York,\nthe New York department of state division of cemeteries and the state\ncemetery board, and a description of those types of cemeteries that are\nnot regulated by the state cemetery board;\n (B) the process of purchasing and re-selling a burial lot, plot or\npart thereof;\n (C) the right to interment and disposition options;\n (D) inheritance rights of a burial lot, plot or part thereof;\n (E) a listing of reasons that interment may be denied;\n (F) the requirements in regards to the use of outer enclosures;\n (G) the rights of lot owners as members of the cemetery corporation;\n (H) cemeteries' duties regarding charges, prices, rules, and\nregulations;\n (I) the right to make burial arrangements and provide for\nmemorialization; and\n (J) any other information deemed appropriate.\n (3) The state cemetery board may, from time to time, update and amend\nthe New York state cemetery disclosure form as it deems necessary.\n