N.Y. General Business Law § 750-q: 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.