2006 New York Code - Maintenance Fees For Pet Cemeteries.

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