Bill Text: NY S01944 | 2019-2020 | 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-12-16 - approval memo.45 [S01944 Detail]

Download: New_York-2019-S01944-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1944--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 17, 2019
                                       ___________

        Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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    3.  "Guest"  means  a  person  who  occupies a campsite pursuant to an
    11  agreement with a term of more than one week.
    12    b. 1. A campground owner  may  request  any  law  enforcement  officer
    13  remove  any guest who willfully denies other guests their right to quiet
    14  enjoyment of the campground, including, but not limited,  to  any  guest
    15  who:
    16    (a) disturbs, threatens or endangers other guests;
    17    (b) is less than twenty-one years of age and possesses alcohol;
    18    (c) possesses illegal drugs;
    19    (d) violates any state or local law; or
    20    (e)  violates  any  other  lawful rule or regulation of the campground
    21  that enhances the safety and quiet enjoyment of its guests and is posted
    22  in a conspicuous  place or made a part of the guest's  occupancy  agree-
    23  ment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03141-03-9
        S. 1944--A                          2

     1    2.  the  right to request a guest to be removed by any law enforcement
     2  officer can only be exercised after the campground owner  or  its  agent
     3  has  provided  the  guest  with  written warning that his or her conduct
     4  shall result in a removal from the campground if it is repeated. In  the
     5  event  that  such  conduct is repeated and the guest fails to vacate the
     6  campground upon being requested to do so, the campground owner may  only
     7  cause the guest to be removed by a law enforcement officer, who may cite
     8  the guest with trespass.
     9    c. A person who is removed from a campground pursuant to subdivision b
    10  of  this  section shall be entitled to a refund of the unused portion of
    11  any prepaid fees, less any amount otherwise owed to the campground owner
    12  or deducted for damages, which unused portion of  prepaid  fees  may  be
    13  prorated  at  a  rate  that  is based upon the daily rate charged by the
    14  campground owner.
    15    d. A campground owner may remove property belonging to a person who is
    16  removed from a campground pursuant to subdivision b of this section from
    17  a campsite and such property, whether removed from a campsite or allowed
    18  to remain on a campsite, shall be deemed to  be  placed  in  storage.  A
    19  campground  owner  shall  provide the owner of such property thirty days
    20  written notice, by certified mail, return receipt requested,  to  remove
    21  such  property  and dispose of such property pursuant to article nine of
    22  the lien law in the event the owner fails to remove such property within
    23  the thirty-day period of time.
    24    § 2. This act shall take effect immediately.