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This entry was published on 2014-09-22
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SECTION 4146
Deaths; burial permits; interments in certain cemeteries prohibited
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 4
§ 4146. Deaths; burial permits; interments in certain cemeteries
prohibited. 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.