§ 4146 — Deaths; burial permits; interments in certain cemeteries prohibited

New York § 4146

• Jurisdiction: New York
• Law PBH: Public Health
• Title 4: Registration of Deaths: Burial Permits
• Art. 41: Vital Statistics

Text

§ 4146. Deaths; burial permits; interments in certain cemeteries\nprohibited. 1. Whenever the legislative authority of any municipality\nshall deem that further interments in any cemetery in such municipality\nwould be detrimental to the public health, it may by resolution direct\nits clerk to cause a notice to be served upon the person or corporation\nowning or controlling such cemetery, and to publish said notice once a\nweek for three successive weeks in two papers published in such city,\nstating a time and place not less than thirty days after service and\nfirst publication of such notice, at which any person interested may\nshow cause to the legislative authority why further interments in such\ncemetery should not be prohibited.\n 2. At the time and place specified in such notice the legislative\nauthority of such municipality shall hear all persons desiring to be\nheard, and if upon such hearing it appears that further interments in\nsuch cemetery will be detrimental to public health, it may by resolution\nprohibit further interments therein.\n 3. If such resolution is adopted a certified copy thereof shall be\nfiled with the board of health of the municipality in which the cemetery\nis located, and thereafter permits for interments in such cemetery shall\nnot be issued. The action of the legislative authority in passing such\nresolution may be reviewed within thirty days thereafter under and\npursuant to article seventy-eight of the civil practice act.\n 4. A burial permit issued by any registrar of vital statistics\nauthorizing burial in such cemetery shall be deemed null and void and of\nno legal effect after a copy of the resolution has been filed with the\nboard of health of the municipality.\n