As discussed in our last post, the New York State Association of Cemeteries recently published a series of model amendments, reproduced below, to amend a cemetery's rules and regulations to implement the newly passed pet burial law. Please note, however, that these are merely an example, and are not a substitute for cemetery-specific rules and regulations drafted in consultation with counsel.
If you find these regulations to be helpful, please consider becoming a member of the New York State Association of Cemeteries. In addition to providing templates such as the model regulations below, members also have access to resources such as NYSAC volunteers to help you understand and implement the new law. For more information, please visit the NYSAC website at nysac.com.
INTERMENT, ENTOMBMENT, OR INURNMENT OF DOMESTIC PETS
The following rules are adopted in order to implement the change in the law governing not-for -profit public cemeteries which permits a cemetery to authorize the interment of pet cremated remains where such interment is incidental to the burial of human remains.
Section 1. All interments, entombments, and inurnments of cremated domestic pet cremains are subject to these Rules and Regulations and shall also be subject to all the laws, ordinances, or requirements of the State of New York.
Section 2. Interment of cremated domestic pet cremains shall be permitted in ______________ (specific or all) sections subject to the following limitations of ____ pet interments per grave (or as defined in the deed to the lot, plot or part thereof).
Section 3. All interments, entombments, and inurnments of domestic pet cremains must be made at a time and in a manner scheduled and approved solely by the Cemetery and are subject to ___________ (no or additional) charges that are effective on the date of the interment, entombment, or inurnment. Scattering of cremated pets is not permitted in the cemetery.
Section 4. The authorization for interment, entombment or inurnment of a cremated pet will be granted by the cemetery only with the consent of ____________________. Absent the consent of ______________ disputes must be settled as follows _______________________.
Section 5. The Cemetery reserves the right to refuse interment, entombment, or inurnment of a cremated domestic pet, and to refuse to open any burial space for that purpose, except on written application by a lot owner of record prepared on forms provided by the Cemetery and duly approved and filed with the Cemetery. No interment, entombment, or inurnment of a cremated domestic pet shall be permitted in any grave, crypt or niche until all charges for such grave, crypt or niche are fully paid.
Section 6. (Optional language) The Cemetery requires that for every in-ground interment of a domestic pet cremains, the remains must be placed into either a traditional non-sealed concrete urn vault or a child-sized permanent urn, or a plastic temporary urn vault.
(Possible options for memorialization – please be sure to specifically outline what memorialization is permitted or prohibited)
Section 7. The right of memorialization of a cremated pet duly authorized for interment, entombment, or inurnment shall be granted to ____________________. Options for memorialization of cremated domestic pet cremains include:
a.) No memorialization;
b.) Placement of a memorial medallion on the marker, monument, monolith, crypt-front, or niche-front as approved by the cemetery.
c.) A granite or bronze memorial which is NOT the primary monument for a grave or lot and subject to the same privileges and requirements as provided elsewhere in these Rules & Regulations.
Section 8. For each interment, entombment, or inurnment of a domestic pet, the pet’s name, owner’s name, and type of domestic pet, date and location of interment and type of disposition shall be recorded in the Cemetery’s permanent record in a manner appropriate to the cemetery.
Section 9. Disinterment: Authorization for the disinterment of a cremated pet shall be authorized by_____________________.