[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of certain local laws amending these provisions are included
at the end of this chapter.]
[Adopted 8-27-1991 by L.L. No. 24-1991 (Ch. 239, Art. I,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that recent allegations
regarding the improper disposition of dead pet animals and misleading
and deceptive business practices by a local pet cemetery have highlighted
the potential for animal abuse, consumer fraud and health hazards
in the pet burial field.
B.
This Legislature further finds and determines that pet cemetery activities
are currently inadequately regulated to serve the public interest.
C.
Therefore, the purpose of this article is to establish a comprehensive
program to regulate pet cemetery activities occurring within the County
of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
Any real property or site owned, managed or operated by any
person for the disposal or burial of deceased pets by cremation, grave,
mausoleum, vault, columbarium or other receptacle in exchange for
compensation or consideration.
Any false, falsely disparaging or misleading oral or written
statement, visual description or other representation of any kind,
which has the capacity, tendency or effect of deceiving or misleading
a consumer and is made in connection with the sale, lease, rental
or loan of pet cemetery goods or services; or the offering for sale,
lease, rental or loan of pet cemetery goods or services. Deceptive
pet cemetery trade practices include, but are not limited to:
Representations that:
Pet cemetery goods or services have sponsorship, approval, accessories,
characteristics, ingredients, uses, benefits or quantities that they
do not have;
The seller of pet cemetery services has a sponsorship, approval,
status, affiliation or connection that he or she or it does not have;
Pet cemetery goods are original or new when they are actually
deteriorated, altered, reconditioned, reclaimed or secondhand; or
Pet cemetery goods or services are of a particular standard,
quality, grade, style or model when they are actually of another.
The use, in any oral or written representation regarding pet
cemetery goods or services, of exaggeration, innuendo or ambiguity
as to a material fact.
Failure to state a material fact, if such use or failure deceived
or tends to deceive.
Disparaging the goods, services or business of another pet cemetery
operator or owner by false or misleading representations of material
facts.
Offering pet cemetery goods or services without intent to sell
them.
Offering pet cemetery goods or services without intent to supply
reasonably expectable public demand, unless the offer disclosed the
limitation.
Making false or misleading representations of fact concerning
the reason for, existence of or amounts of price reductions, or the
price in comparison to prices of competitors' or one's own price
at a past or future time for pet cemetery goods or services.
Falsely stating that a pet cemetery transaction provides consumer
rights, remedies or obligations.
Falsely stating that pet cemetery services, goods, replacements
or repairs are needed.
Falsely stating the reasons for offering or supplying pet cemetery
goods or services at sale or discount prices.
The failure by a pet cemetery owner, operator or manager to
provide the precise type, method and manner of pet burial agreed to
with the owner of a pet or substituting a substantially different
type, matter or manner of burial for that agreed to.
Unconscionable trade practices.
The County Office of Consumer Affairs.
[Amended 12-17-2002 by L.L. No. 4-2003]
The Director of the County Office of Consumer Affairs.
[Amended 12-17-2002 by L.L. No. 4-2003]
Any natural person, individual, corporation, unincorporated
association, firm, partnership, joint venture, joint-stock association
or other entity or business organization of any kind.
Any domesticated animal kept for pleasure, not utility, and
normally maintained in or near the household of the owner thereof.
The County Department of Health Services.
The Commissioner of the County Department of Health Services.
Any act or practice involving the sale of pet cemetery goods
or services which unfairly takes advantage of the lack of knowledge,
ability, experience or capacity of the consumer or which results in
a gross disparity between the value received by a consumer and the
price paid by the consumer.
A.
No person shall own, operate or manage a pet cemetery within the
County of Suffolk without first obtaining a license therefor from
the lead agency in accordance with the provisions of this article.
[Amended 12-17-2002 by L.L. No. 4-2003]
B.
Application for license; qualifications; issuance of license.
[Amended 8-27-1996 by L.L. No. 20-1996; 12-17-2002 by L.L. No.
4-2003]
(1)
All applications for licenses shall be submitted, in writing, on
forms furnished by the lead agency and shall be accompanied by a nonrefundable
application fee in the amount of $200. The fee for a license shall
be $200 per annum. It may be renewed biennially for $400. No application
fee shall be imposed on nonprofit or not-for-profit corporations or
organizations.
[Amended 8-5-2008 by L.L. No. 32-2008[1]]
(2)
The license application shall be filed by the actual operator of
a pet cemetery and shall be signed under oath. Where a corporation
is an applicant or a participant in an application, the application
shall be signed under oath by an officer of such corporation.
(3)
All applications shall include the residence address and telephone
number of the individual who subscribes his or her name to the application.
(4)
The lead agency director may require the names and residence addresses
of any employees or officers of the applicant, in addition to any
other information which he or she may deem advisable and proper.
(5)
An individual applicant must be at least 18 years of age and shall
not have been convicted within the three years prior to the date of
application of a crime involving unfair trade practices, extortion,
coercion, bribery, theft, fraud, violence (specifically relating to
business, labor or commerce), sabotage, collusion, restraint of trade,
conspiracy and/or attempts of any said offenses.
(6)
The lead agency director shall investigate such applicant as to good
character before he or she shall issue the applicant a license.
(7)
Applicants shall meet the requirements prescribed by this article
and any other rules or regulations promulgated hereafter by the lead
agency director.
(8)
The lead agency shall issue a license to each applicant who has submitted
satisfactory evidence of his or her qualifications and who has complied
with all of the requirements of this article.
C.
License term, renewal and conditions.
(1)
All licenses shall be issued for a period of two years from the date
of issuance thereof and shall expire on the last day of the 24th month
following such issuance.
(2)
No license issued hereunder shall be assignable or transferable except as hereinafter provided. The application for such transfer or assignment shall be accompanied by the requirements of Subsection B of this section and by proof satisfactory to the lead agency that the requirements herein provided have been complied with. No assignment or transfer shall become effective unless and until the endorsement has been made on the face of the license by the lead agency and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made without payment of any fee.
(a)
A license to conduct the business of operating a pet cemetery
or pet crematorium issued to an individual may be assigned or transferred
to a partnership or corporation for the remainder of the license period
if such individual is a member of such partnership or an officer of
such corporation at the time of such assignment of transfer.
(b)
A license issued to a partnership may be assigned or transferred
to an individual for the remainder of the license period to any one
member of such partnership, provided that he or she obtains the consent
of all of the other members of such partnership.
(c)
A license issued to a corporation may be assigned or transferred
to an individual for the remainder of the license period to any officer
of the corporation, provided that he or she obtains the consent of
all of the other officers of such corporation.
(3)
An application for renewal of a pet cemetery license shall be made
on a form provided by the lead agency, accompanied by the required
fee. Said application shall be filed with the lead agency not less
than 30 days prior to the expiration of the existing license. Failure
to file an application as above shall require the applicant to submit
an application as if it were an original application. An application
shall be filed with the lead agency following revocation of a license.
A license shall expire upon a change of owner or operator, on the
date stipulated by the lead agency, upon revocation, upon death of
the license holder, upon abandonment of the facility or property or
upon surrender to the lead agency.
(4)
Each licensee shall, within 10 business days prior to a change of
address or business name, notify the lead agency, in writing, of such
change.
(5)
No licensee shall authorize or permit the use of his or her license
by or on behalf of any other person.
(6)
Each licensee shall, within seven business days after a change of
address or business name, notify the lead agency, in writing, of such
change.
D.
Fines; suspension or revocation of licenses.
[Amended 12-17-2002 by L.L. No. 4-2003]
(1)
The lead agency director shall have the power to impose a civil fine,
not to exceed $1,000, upon a licensee or to suspend or revoke a license
or to deny an application for the renewal of a license for any one
or more of the following causes:
(a)
Fraud, deceit, misrepresentation or bribery in securing a license.
(b)
The making of any false statement in an application for a license.
(c)
Operation of a pet cemetery without obtaining a license therefor
or having had a valid license suspended or revoked or continued operation
of such pet cemetery under a suspended or revoked license.
(d)
Violation of any other provision of this article or any rule
or regulation promulgated hereunder.
E.
Requirements and restrictions. Any person holding a license under
this article shall comply with the following:
(1)
Any pet cemetery and any of its records required to be maintained
by any municipality or by the secondary agency commissioner pursuant
to any rules or regulations adopted hereunder shall be open to inspection
at any time by the secondary agency commissioner or his or her duly
authorized agents at any reasonable time, including but not limited
to normal business hours. A periodic, unannounced inspection of said
facilities by a professional shall be made to check on any violations
of this article or any regulations issued pursuant to this article
with a written report of said inspection to be sent to the governing
agency.
(2)
Any structure or structures of a pet cemetery shall meet the standards
promulgated by the lead agency for the protection of air, land, water
and groundwater of Suffolk County.
(3)
Any building of a pet cemetery shall be maintained in a sufficient
state of repair to properly dispose of dead pets in a manner that
affords dignity to the dead pet and ensures the public health and
safety.
(4)
Any pet cemetery shall provide appropriate space sufficient for each
pet to be buried individually.
(5)
Any grave of a pet cemetery shall include an area that is of proper
depth, length and width to contain said pet without impinging on another
grave site.
(6)
No more than four pets (separate vaults or containers) shall be buried
in any one site in any pet cemetery.
(7)
At least one approved receptacle for containing trash and litter
shall be provided in any pet cemetery.
(8)
Any pet cemetery shall provide isolation areas for dead pets which
had communicable diseases or were suspected of having such diseases
prior to death.
(9)
Any pet cemetery shall contain proper areas and containers for food
storage to prevent contamination from mold, insects and rodents.
(10)
Animal and food wastes, bedding, debris and other organic wastes
in any pet cemetery shall be disposed of in such a way as to avoid
vermin infestation, odors and disease hazards.
(11)
The bodies of dead pets at any pet cemetery shall be physically
separated and shall be stored and disposed of in such a way as to
avoid disease hazards to other pets or to humans.
(12)
Buildings and grounds at any pet cemetery shall be kept clean,
in good repair and free of trash and debris.
(13)
Every dead pet entering any pet cemetery shall be assigned an
individual number to enable identification of that pet.
(14)
Records shall be kept by the pet cemetery, for at least a five-year
period, of the source from which any pet was obtained, the medical
history of the pet and the eventual disposition of the pet.
(15)
Any pet cemetery shall exist solely for the purpose of properly
disposing of pets. Said pets shall not, under any circumstances, ever
be sold, donated or otherwise delivered to any institution for experimental
purposes or medical research without the written and acknowledged
consent of the pet owner.
(16)
In the event that a pet cemetery is sold or transferred to another
person for purposes other than that of a pet cemetery or is converted
by the owner to a different purpose, then the owner so selling, converting
or transferring such site shall notify the owners of all buried pets,
in writing, at least three months prior to the actual conveyance,
conversion or transfer of said site.
A.
No person shall engage in any deceptive pet cemetery trade practice
or unconscionable pet cemetery trade practice within the County of
Suffolk.
B.
No person owning, operating or managing a pet cemetery within the
County of Suffolk shall remove the dead body of a pet or any part
thereof from a grave, vault, mausoleum, columbarium or other place
or receptacle where the same has been buried or from a place where
the same has been deposited while awaiting burial without authority
of law.
C.
No person owning, operating or managing a pet cemetery within the
County of Suffolk shall obtain, receive or exact or attempt to obtain,
receive or exact a fee or thing of value in addition to the regular
charges or fees required to be paid pursuant to the burial agreement
with the pet cemetery.
D.
Any and all moneys paid to a person who owns, operates or manages
a pet cemetery within the County of Suffolk for a pet funeral or a
pet burial, wherein the personal services to be furnished shall not
be delivered until the death of the animal in question, shall be treated
as trust funds in the possession of such person and shall be deposited
by him or her or it within 10 days after receipt thereof in a special
account maintained exclusively for the deposit of such moneys in a
bank or trust company in which funds may be deposited by a fiduciary
and shall be so held on deposit, together with any interest thereon,
until said personal services have been rendered, and further provided
that:
(1)
The amount of any and all moneys paid under or in connection with
such an agreement, together with interest, if any, accrued thereon
while on deposit as so required shall be repaid on demand at any time
prior to the delivery of the personal property or the rendering of
the personal services.
(2)
Any provision of any such agreement whereby a person who pays money under or in connection therewith waives any provision of Subsection D of this section shall be null and void.
(3)
This subsection shall not apply to the sale of lots or graves by
a pet cemetery.
B.
Any person who or which, having received any moneys under or in connection with an agreement covered by § 370-4D of this article, shall fail to deposit or keep on deposit or to repay any and all such moneys as provided in this section shall be guilty of a Class A misdemeanor punishable by a fine of up to $1,000 and/or a term of imprisonment of up to one year in jail.
C.
A violation of any provision of § 370-4A or of any rule or regulation promulgated thereunder shall also be punishable, upon proof thereof, by the payment of a civil penalty in the sum of not more than $1,000 for each such violation, to be recovered in a civil action. Each day that the violation continues shall be deemed a separate violation.
D.
Whenever any person has engaged in any acts or practices which constitute repeated or persistent violations of § 370-4A of this article or any rule or regulation promulgated hereunder, the County Attorney, upon the request of the lead agency director, may commence an action in the name of the County for a restraining order, temporary or permanent injunction or other equitable relief.
[Amended 12-17-2002 by L.L. No. 4-2003]
[Amended 6-17-2014 by L.L. No. 32-2014]
All moneys received by the lead agency pursuant to the provisions
of this article shall be remitted to the County Comptroller for deposit
in the general fund of the County within 30 days after receipt.
[Amended 12-17-2002 by L.L. No. 4-2003]
The lead agency director, in conjunction with the secondary
agency commissioner, shall issue, promulgate and adopt such rules
and regulations as he or she shall deem necessary and sufficient to
carry out and implement the purposes of this article.
The initial licenses required by § 370-3 of this article shall be applied for within 90 days subsequent to the effective date of this article.
This article shall be null and void on the day that statewide
or nationwide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine, via mere
resolution, whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
[Amended 12-17-2002 by L.L. No. 4-2003]
All records required by the lead agency director and secondary
agency commissioner shall be filed with the lead and secondary agencies
from time to time as required by said director and commissioner.
This article shall apply to all provisions occurring on or after
the effective date of this article.
