Bill Text: NY A01569 | 2019-2020 | General Assembly | Amended

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: (Engrossed) 2019-06-19 - RETURNED TO ASSEMBLY [A01569 Detail]

Download: New_York-2019-A01569-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 15, 2019

        Introduced  by  M.  of A. JONES, FAHY, LAVINE, RIVERA, D'URSO, LAWRENCE,
          B. MILLER, CROUCH, NORRIS -- Multi-Sponsored by -- M. of  A.  COOK  --
          read  once  and referred to the Committee on Judiciary -- reported and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1569--A                          2

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