Section 4146. Deaths; burial permits; interments in certain cemeteries prohibited  


Latest version.
  • 1. Whenever the legislative authority  of  any  municipality
      shall  deem that further interments in any cemetery in such municipality
      would be detrimental to the public health, it may by  resolution  direct
      its  clerk to cause a notice to be served upon the person or corporation
      owning or controlling such cemetery, and to publish said notice  once  a
      week  for  three  successive weeks in two papers published in such city,
      stating a time and place not less than thirty  days  after  service  and
      first  publication  of  such  notice, at which any person interested may
      show cause to the legislative authority why further interments  in  such
      cemetery should not be prohibited.
        2.  At  the  time  and  place specified in such notice the legislative
      authority of such municipality shall hear all  persons  desiring  to  be
      heard,  and  if  upon such hearing it appears that further interments in
      such cemetery will be detrimental to public health, it may by resolution
      prohibit further interments therein.
        3. If such resolution is adopted a certified  copy  thereof  shall  be
      filed with the board of health of the municipality in which the cemetery
      is located, and thereafter permits for interments in such cemetery shall
      not  be  issued. The action of the legislative authority in passing such
      resolution may be reviewed  within  thirty  days  thereafter  under  and
      pursuant to article seventy-eight of the civil practice act.
        4.  A  burial  permit  issued  by  any  registrar  of vital statistics
      authorizing burial in such cemetery shall be deemed null and void and of
      no legal effect after a copy of the resolution has been filed  with  the
      board of health of the municipality.