§ 750. Declaration of policy. The legislature hereby finds and declares that the relationships that humans develop with other members of the animal kingdom that are taken into our homes and kept as pets are unique and special. These relationships can enrich our lives and increase our happiness. Even after the death of a pet, […]
§ 750-a. Definitions. As used in this article, unless the context requires otherwise: 1. “Person” means an individual, corporation, company, partnership, municipality, not-for-profit corporation or any other entity whatsoever. 2. “Licensee” means a person as herein defined licensed to engage in the business of operating a pet cemetery or pet crematorium under this article. 3. […]
§ 750-b. License required. On and after July thirty-first, nineteen hundred ninety-three, no person shall engage for a fee in the business of operating a pet cemetery or pet crematorium or hold himself or herself out as being able so to do unless he or she is licensed therefor pursuant to this article. Nothing herein […]
§ 750-c. Powers of the secretary of state. The secretary of state shall inspect periodically all licensed pet cemeteries and pet crematoriums. The cost of such inspection shall not be charged to the pet cemeteries or crematoriums. In addition to the powers and duties elsewhere prescribed in this article, the secretary of state shall have […]
§ 750-d. Rules and regulations. 1. With respect to pet cemeteries and pet crematoriums, the department of state shall have power to adopt such rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the investigation […]
§ 750-e. License; application. 1. Any person desiring a license to engage in the business of operating a pet cemetery or pet crematorium under this article may make application to the secretary of state therefor. The application shall be subscribed by the applicant and affirmed by him or her as true under the penalties of […]
§ 750-f. Licenses; display; renewal; duplicates. 1. All licenses shall be for a period of two years. 2. No license shall be assignable or transferable except as hereinafter provided. 3. A license to conduct the business of operating a pet cemetery or pet crematorium issued to an individual may be assigned or transferred for the […]
§ 750-g. Fees. 1. The fee for a license to engage in the business of operating a pet cemetery or pet crematorium shall be one hundred fifty dollars. For each renewal thereof, the fee shall be one hundred fifty dollars. 2. The fee for issuing a duplicate license in substitution for one lost, destroyed or […]
§ 750-h. Denial of license application and suspension and revocation of licenses. 1. An application for a license under this article may be denied or a license to engage in the business of operating a pet cemetery or pet crematorium may be suspended or revoked, by the secretary of state, for any one or more […]
§ 750-i. Hearing on charges; decision. 1. No license shall be suspended or revoked nor shall any fine or reprimand be imposed until after a hearing had before an officer or employee of the department of state designated for such purpose by the secretary of state, upon notice to the licensee of at least ten […]
§ 750-j. Judicial review. The action of the secretary of state in suspending, revoking or refusing to issue or renew a license, or imposing a fine or reprimand on the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil practice law and rules.
§ 750-k. Violations and penalties. Any person not licensed pursuant to this article who shall directly or indirectly engage in the business of operating a pet cemetery or pet crematorium or hold himself or herself out to the public as being able so to do, or who shall violate any of the provisions of this […]
§ 750-l. Official acts used as evidence. The official acts of the secretary of state, department of state and department of environmental conservation shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in any court or before […]
§ 750-m. Dedication of moneys derived from operation of article. All moneys derived from the operation of this article shall on or before the tenth day of each month be paid into the pet cemetery and pet crematorium inspection and licensing fund established by section ninety-seven-nn of the state finance law.
§ 750-n. Dedication of real property for pet cemetery purposes. 1. The owner of any real property used or to be used for a pet cemetery shall file, or cause to be filed, in the office of the clerk or recorder of the county in which the real property is located, a dedication restricting the […]
§ 750-o. Removal of dedication. Upon the filing of a dedication restricting real property for the operation of a pet cemetery, such dedication may only be amended or removed by order of the supreme court of the county where the pet cemetery is located. Such petition for amendment or removal of dedication shall include written […]
§ 750-p. Area requirements for pet cemeteries. A pet cemetery which commences operations on or after the effective date of this article and which provides for the permanent interment of pets shall consist of not less than five contiguous acres of real property in total area, inclusive of any structures, facilities, or buildings situated thereon […]
§ 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 […]
§ 750-r. Endowment care or similar trust funds. 1. A pet cemetery which commenced operations prior to the effective date of this article shall establish an endowment care or similar trust fund, the balance of which shall not be less then twelve thousand dollars, by January first, nineteen hundred ninety-five. The secretary of state may […]
§ 750-s. Pet disposal forms. 1. Each person who gives to a veterinarian or a pet cemetery owner or pet crematorium owner a pet for disposal shall be provided by such veterinarian or pet cemetery owner or pet crematorium owner with a pet disposal disclosure document, in form approved by the secretary of state, which […]
