Bill Text: NY A09613 | 2017-2018 | General Assembly | Amended

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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.

Sponsorship: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2018-05-09 - print number 9613a [A09613 Detail]

Download: New_York-2017-A09613-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         9613--A
                   IN ASSEMBLY
                                    January 26, 2018
                                       ___________
        Introduced  by  M.  of  A.  JONES,  D'URSO, RIVERA, LAWRENCE, B. MILLER,
          CROUCH, LAVINE -- Multi-Sponsored by -- M. of A. COOK -- read once and
          referred to the Committee on Judiciary -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        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    § 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 is removed from a campground pursuant to subdivision b
    26  of this section shall be entitled to a refund of the unused  portion  of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00306-03-8
        A. 9613--A                          2
     1  any prepaid fees, less any amount otherwise owed to the campground owner
     2  or  deducted  for  damages,  which unused portion of prepaid fees may be
     3  prorated at a rate that is based upon the  daily  rate  charged  by  the
     4  campground owner.
     5    d. A campground owner may remove property belonging to a person who is
     6  removed from a campground pursuant to subdivision b of this section from
     7  a campsite and such property, whether removed from a campsite or allowed
     8  to  remain  on  a  campsite,  shall be deemed to be placed in storage. A
     9  campground owner shall provide the owner of such  property  thirty  days
    10  written  notice,  by certified mail, return receipt requested, to remove
    11  such property and dispose of such property pursuant to article  nine  of
    12  the lien law in the event the owner fails to remove such property within
    13  the thirty-day period of time.
    14    § 2. This act shall take effect immediately.