[Adopted 8-27-1991 by L.L. No. 24-1991 (Ch. 239, Art. I,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
CEMETERY
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.
DECEPTIVE PET CEMETERY TRADE PRACTICES
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:
A.
Representations that:
(1)
Pet cemetery goods or services have sponsorship, approval, accessories,
characteristics, ingredients, uses, benefits or quantities that they
do not have;
(2)
The seller of pet cemetery services has a sponsorship, approval,
status, affiliation or connection that he or she or it does not have;
(3)
Pet cemetery goods are original or new when they are actually
deteriorated, altered, reconditioned, reclaimed or secondhand; or
(4)
Pet cemetery goods or services are of a particular standard,
quality, grade, style or model when they are actually of another.
B.
The use, in any oral or written representation regarding pet
cemetery goods or services, of exaggeration, innuendo or ambiguity
as to a material fact.
C.
Failure to state a material fact, if such use or failure deceived
or tends to deceive.
D.
Disparaging the goods, services or business of another pet cemetery
operator or owner by false or misleading representations of material
facts.
E.
Offering pet cemetery goods or services without intent to sell
them.
F.
Offering pet cemetery goods or services without intent to supply
reasonably expectable public demand, unless the offer disclosed the
limitation.
G.
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.
H.
Falsely stating that a pet cemetery transaction provides consumer
rights, remedies or obligations.
I.
Falsely stating that pet cemetery services, goods, replacements
or repairs are needed.
J.
Falsely stating the reasons for offering or supplying pet cemetery
goods or services at sale or discount prices.
K.
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.
L.
Unconscionable trade practices.
LEAD AGENCY
The County Office of Consumer Affairs.
[Amended 12-17-2002 by L.L. No. 4-2003]
LEAD AGENCY DIRECTOR
The Director of the County Office of Consumer Affairs.
[Amended 12-17-2002 by L.L. No. 4-2003]
PERSON
Any natural person, individual, corporation, unincorporated
association, firm, partnership, joint venture, joint-stock association
or other entity or business organization of any kind.
PET
Any domesticated animal kept for pleasure, not utility, and
normally maintained in or near the household of the owner thereof.
UNCONSCIONABLE PET CEMETERY TRADE PRACTICE
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.
[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.