(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.
Structure New York Laws
Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums
750-C - Powers of the Secretary of State.
750-D - Rules and Regulations.
750-F - Licenses; Display; Renewal; Duplicates.
750-H - Denial of License Application and Suspension and Revocation of Licenses.
750-I - Hearing on Charges; Decision.
750-K - Violations and Penalties.
750-L - Official Acts Used as Evidence.
750-M - Dedication of Moneys Derived From Operation of Article.
750-N - Dedication of Real Property for Pet Cemetery Purposes.
750-O - Removal of Dedication.
750-P - Area Requirements for Pet Cemeteries.
750-Q - Maintenance Fees for Pet Cemeteries.
750-R - Endowment Care or Similar Trust Funds.
750-T - Disposal in Compliance With Forms.
750-U - Veterinary and Agricultural Production Exclusions.
750-UU - Small Pet Cemetery Exclusion.