S06963 Summary:

BILL NOS06963
 
SAME ASSAME AS A08267
 
SPONSORVALESKY
 
COSPNSRNOZZOLIO
 
MLTSPNSR
 
Add S233-b, RP L
 
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.
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S06963 Actions:

BILL NOS06963
 
03/01/2010REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
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S06963 Floor Votes:

There are no votes for this bill in this legislative session.
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S06963 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6963
 
                    IN SENATE
 
                                      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    § 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    § 2. This act shall take effect immediately.
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