Bill Text: NY A05617 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the removal of persons from campgrounds by the owner or operator thereof, or his or her agent; establishes the grounds for removal of persons from a campground; provides for the disposition of abandoned property at a campground.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A05617 Detail]
Download: New_York-2013-A05617-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5617 2013-2014 Regular Sessions I N A S S E M B L Y March 4, 2013 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to campgrounds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The real property law is amended by adding a new section 2 233-b to read as follows: 3 S 233-B. CAMPGROUNDS. A. WHENEVER USED IN THIS SECTION: 4 1. "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, INCLUDING BUILDINGS 5 OR OTHER STRUCTURES, WHERE FIVE OR MORE CAMPSITES ARE MADE AVAILABLE FOR 6 USE AS TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR 7 SEASONAL USE. 8 2. "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A CAMPGROUND OR 9 AN AGENT OF SUCH OWNER OR OPERATOR. 10 B. A CAMPGROUND OWNER MAY REMOVE OR CAUSE TO BE REMOVED FROM A CAMP- 11 GROUND ANY PERSON WHO: 12 1. IS NOT A REGISTERED GUEST OR VISITOR OF THE CAMPGROUND; 13 2. REMAINS ON THE CAMPGROUND BEYOND AN AGREED-UPON DEPARTURE TIME AND 14 DATE; 15 3. DEFAULTS IN THE PAYMENT OF ANY LAWFULLY IMPOSED REGISTRATION OR 16 VISITOR FEE OR CHARGE; 17 4. CREATES A DISTURBANCE THAT DENIES OTHER PERSONS THEIR RIGHT TO 18 QUIET ENJOYMENT OF THE CAMPGROUND; 19 5. VIOLATES ANY FEDERAL, STATE OR LOCAL LAW; OR 20 6. VIOLATES ANY OTHER LAWFUL REGULATION PROMULGATED BY THE CAMPGROUND 21 OWNER AND CONTINUES IN VIOLATION FOR MORE THAN TWENTY-FOUR HOURS AFTER 22 THE CAMPGROUND OWNER HAS GIVEN WRITTEN NOTICE OF SUCH VIOLATION AND 23 DIRECTING THAT SUCH PERSON CORRECT OR CEASE VIOLATION OF SUCH RULE OR 24 REGULATION. 25 C. A PERSON WHO REMAINS ON A CAMPGROUND AFTER HAVING BEEN ASKED TO 26 LEAVE BY A CAMPGROUND OWNER FOR VIOLATING ANY OF THE PROVISIONS OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01120-01-3 A. 5617 2 1 SUBDIVISION B OF THIS SECTION SHALL BE GUILTY OF TRESPASS AND MAY BE 2 REMOVED SUMMARILY BY THE CAMPGROUND OWNER OR A LAW ENFORCEMENT OFFICER. 3 D. A PERSON WHO IS REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION C 4 OF THIS SECTION SHALL BE ENTITLED TO A REFUND OF THE UNUSED PORTION OF 5 ANY PREPAID FEES, LESS ANY AMOUNT OTHERWISE OWED TO THE CAMPGROUND OWNER 6 OR DEDUCTED FOR DAMAGES, WHICH UNUSED PORTION OF PREPAID FEES MAY BE 7 PRORATED AT A RATE THAT IS BASED UPON THE DAILY RATE CHARGED BY THE 8 CAMPGROUND OWNER. 9 E. ANY PERSON REMOVED FROM A CAMPGROUND WHO OR WHO OTHERWISE LEAVES 10 PROPERTY ON THE CAMPGROUND WITHOUT THE PERMISSION OF THE CAMPGROUND 11 OWNER UPON THE CONCLUSION OF A CAMPING SEASON SHALL BE PROVIDED WITH A 12 REASONABLE OPPORTUNITY TO RETURN TO THE CAMPGROUND, EITHER PERSONALLY OR 13 THROUGH A PERSON WHO HAS BEEN GIVEN WRITTEN AUTHORITY TO ACT ON BEHALF 14 OF SUCH PERSON, FOR THE PURPOSE OF RECLAIMING SUCH PROPERTY. PROPERTY 15 THAT IS NOT RECLAIMED SHALL BE DEEMED TO HAVE BEEN PLACED IN STORAGE AND 16 MAY BE DISPOSED OF BY THE CAMPGROUND OWNER PURSUANT TO THE TERMS OF 17 ARTICLE NINE OF THE LIEN LAW. A MOTOR VEHICLE SHALL BE DEEMED TO HAVE 18 BEEN STORED BY A BAILEE OF MOTOR VEHICLES PURSUANT TO SECTION ONE 19 HUNDRED EIGHTY-FOUR OF THE LIEN LAW AND OTHER PERSONAL PROPERTY SHALL BE 20 DEEMED TO HAVE BEEN STORED BY THE OWNER OF A SELF SERVICE STORAGE FACIL- 21 ITY PURSUANT TO SECTION ONE HUNDRED EIGHTY-TWO OF THE LIEN LAW. 22 S 2. This act shall take effect immediately.