[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.