Bill Text: NY S01317 | 2017-2018 | General Assembly | Amended

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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: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S01317 Detail]

Download: New_York-2017-S01317-Amended.html

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                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.