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.
STATE OF NEW YORK
________________________________________________________________________
1317--A
Cal. No. 189
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- recommitted
to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, passed by Senate and delivered to
the Assembly, recalled, vote reconsidered, restored to third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00306-02-8
S. 1317--A 2
1 6. violates any other lawful regulation promulgated by the campground
2 owner and continues in violation for more than twenty-four hours after
3 the campground owner has given written notice of such violation and
4 directing that such person correct or cease violation of such rule or
5 regulation.
6 c. A person who is removed from a campground pursuant to subdivision b
7 of this section shall be entitled to a refund of the unused portion of
8 any prepaid fees, less any amount otherwise owed to the campground owner
9 or deducted for damages, which unused portion of prepaid fees may be
10 prorated at a rate that is based upon the daily rate charged by the
11 campground owner.
12 d. A campground owner may remove property belonging to a person who is
13 removed from a campground pursuant to subdivision b of this section from
14 a campsite and such property, whether removed from a campsite or allowed
15 to remain on a campsite, shall be deemed to be placed in storage. A
16 campground owner shall provide the owner of such property thirty days
17 written notice, by certified mail, return receipt requested, to remove
18 such property and dispose of such property pursuant to article nine of
19 the lien law in the event the owner fails to remove such property within
20 the thirty-day period of time.
21 § 2. This act shall take effect immediately.
