New York Not-for-Profit Corporation Code § 1509

Cemetery rules and regulations; charges and lot tax assessments
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§ 1509. Cemetery rules and regulations; charges and lot tax assessments.\n  (a) Rules and regulations. The directors of a cemetery corporation\nshall make reasonable rules and regulations for the use, care,\nmanagement and protection of the property of the corporation and of all\nlots, plots and parts thereof; for regulating the dividing marks between\nthe lots, plots and parts thereof; for prohibiting or regulating the\nerection of structures upon such lots, plots or parts thereof; for\npreventing unsightly monuments, effigies and structures within the\ncemetery grounds, and for the removal thereof; for regulating the\nintroduction and care of plants, trees and shrubs within such grounds;\nfor the prevention of the burial in a lot, plot or part thereof, of a\nbody not entitled to burial therein; for regulating or preventing\ndisinterments; for regulating the conduct of persons while within the\ncemetery grounds; for excluding improper persons and preventing improper\nassemblages therein. The directors may prescribe penalties for the\nviolation of any such rule or regulation, not exceeding twenty-five\ndollars for each violation, which shall be recoverable by the\ncorporation in a civil action.\n  (b) Charges for services. The directors of a cemetery corporation\nshall fix and make reasonable charges for any acts and services ordered\nby the owner and rendered by the corporation in connection with the use,\ncare, including perpetual, annual and special care, management and\nprotection of lots, plots and parts thereof. In determining said charges\nthe directors shall consider the propriety and the fair and reasonable\ncost and expense of rendering the services or performing the work for\nwhich such charges are made.\n  (c) Cemetery board approval. (1) A cemetery corporation's rules,\nregulations and original charges shall not become effective unless and\nuntil approved by the cemetery board as hereinafter provided. (2) The\ndirectors of any cemetery corporation, organized on or before August\nthirty-first, nineteen hundred forty-nine, shall file in the office of\nthe cemetery board the name and address of the corporation together with\nits rules, regulations and charges, and a statement showing the basis\nupon which they were made, within ninety days after the time this\nsection as hereby amended takes effect. The directors of any cemetery\ncorporation organized on or after September first, nineteen hundred\nforty-nine, shall file in the office of the cemetery board the name and\naddress of the corporation together with its rules, regulations and\ncharges, and a statement showing the basis on which they were made,\nwithin ninety days after the date of the filing of the certificate of\nincorporation in the department of state. (3) Within six months after\nthe date of such filing, the cemetery board shall make and file in its\noffice an order approving, disapproving or amending such rules,\nregulations and original charges in whole or part. Such rules,\nregulations and charges, if approved with or without amendment, shall\nbecome effective as approved upon the filing of such order by the\ncemetery board in its office. The cemetery board shall notify the\ndirectors of the action taken by it and its reasons therefor by\nregistered mail addressed to the corporation at its principal office. In\nmaking its determination as to the schedule of charges the cemetery\nboard shall consider the propriety and the fair and reasonable cost and\nexpense of rendering the services or performing the work for which such\ncharges are made. In passing upon the rules and regulations, the\ncemetery board shall consider the interests of the members of the\ncorporation and the public interest in the proper maintenance and\noperation of burial grounds. (4) The rules, regulations and charges of\nany cemetery corporation existing on or before August thirty-first,\nnineteen hundred forty-nine, shall remain in effect until the cemetery\nboard files in its offi

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