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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2019-12-16 - approval memo.45 [A01569 Detail]

Download: New_York-2019-A01569-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1569
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of A. JONES, FAHY, LAVINE, RIVERA, D'URSO, LAWRENCE,
          B. MILLER, CROUCH -- Multi-Sponsored by -- M. of A. COOK -- read  once
          and referred to the Committee on Judiciary
        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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03141-01-9
        A. 1569                             2
     1    c. A person who is removed from a campground pursuant to subdivision b
     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    d. A campground owner may remove property belonging to a person who is
     8  removed from a campground pursuant to subdivision b of this section from
     9  a campsite and such property, whether removed from a campsite or allowed
    10  to remain on a campsite, shall be deemed to  be  placed  in  storage.  A
    11  campground  owner  shall  provide the owner of such property thirty days
    12  written notice, by certified mail, return receipt requested,  to  remove
    13  such  property  and dispose of such property pursuant to article nine of
    14  the lien law in the event the owner fails to remove such property within
    15  the thirty-day period of time.
    16    § 2. This act shall take effect immediately.