Bill Text: NY S06963 | 2009-2010 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2010-03-01 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06963 Detail]

Download: New_York-2009-S06963-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6963
                                   I N  S E N A T E
                                     March 1, 2010
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       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
   27  SUBDIVISION  B  OF  THIS  SECTION SHALL BE GUILTY OF TRESPASS AND MAY BE
   28  REMOVED SUMMARILY BY THE CAMPGROUND OWNER OR A LAW ENFORCEMENT OFFICER.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11789-01-9
       S. 6963                             2
    1    D. A PERSON WHO IS REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION C
    2  OF THIS SECTION SHALL BE ENTITLED TO A REFUND OF THE UNUSED  PORTION  OF
    3  ANY PREPAID FEES, LESS ANY AMOUNT OTHERWISE OWED TO THE CAMPGROUND OWNER
    4  OR  DEDUCTED  FOR  DAMAGES,  WHICH UNUSED PORTION OF PREPAID FEES MAY BE
    5  PRORATED  AT  A  RATE  THAT  IS BASED UPON THE DAILY RATE CHARGED BY THE
    6  CAMPGROUND OWNER.
    7    E. ANY PERSON REMOVED FROM A CAMPGROUND WHO OR  WHO  OTHERWISE  LEAVES
    8  PROPERTY  ON  THE  CAMPGROUND  WITHOUT  THE PERMISSION OF THE CAMPGROUND
    9  OWNER UPON THE CONCLUSION OF A CAMPING SEASON SHALL BE PROVIDED  WITH  A
   10  REASONABLE OPPORTUNITY TO RETURN TO THE CAMPGROUND, EITHER PERSONALLY OR
   11  THROUGH  A  PERSON WHO HAS BEEN GIVEN WRITTEN AUTHORITY TO ACT ON BEHALF
   12  OF SUCH PERSON, FOR THE PURPOSE OF RECLAIMING  SUCH  PROPERTY.  PROPERTY
   13  THAT IS NOT RECLAIMED SHALL BE DEEMED TO HAVE BEEN PLACED IN STORAGE AND
   14  MAY  BE  DISPOSED  OF  BY  THE CAMPGROUND OWNER PURSUANT TO THE TERMS OF
   15  ARTICLE NINE OF THE LIEN LAW. A MOTOR VEHICLE SHALL BE  DEEMED  TO  HAVE
   16  BEEN  STORED  BY  A  BAILEE  OF  MOTOR  VEHICLES PURSUANT TO SECTION ONE
   17  HUNDRED EIGHTY-FOUR OF THE LIEN LAW AND OTHER PERSONAL PROPERTY SHALL BE
   18  DEEMED TO HAVE BEEN STORED BY THE OWNER OF A SELF SERVICE STORAGE FACIL-
   19  ITY PURSUANT TO SECTION ONE HUNDRED EIGHTY-TWO OF THE LIEN LAW.
   20    S 2. This act shall take effect immediately.