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2020 New York Laws
GBS - General Business
Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums
750-Q - Maintenance Fees for Pet Cemeteries.

Universal Citation: NY Gen Bus L § 750-Q (2020)
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§  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.
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