Bill Text: NY A05617 | 2013-2014 | General Assembly | Introduced

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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

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                           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.