Bill Text: NY S01360 | 2013-2014 | General Assembly | Introduced

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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: (Engrossed - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S01360 Detail]

Download: New_York-2013-S01360-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1360
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. LITTLE, HASSELL-THOMPSON, MAZIARZ, NOZZOLIO -- read
         twice and ordered printed, and when printed to  be  committed  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    S 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.
                                                                  LBD01120-01-3
       S. 1360                             2
    1    C.  A  PERSON  WHO  REMAINS ON A CAMPGROUND AFTER HAVING BEEN ASKED TO
    2  LEAVE BY A CAMPGROUND OWNER FOR  VIOLATING  ANY  OF  THE  PROVISIONS  OF
    3  SUBDIVISION  B  OF  THIS  SECTION SHALL BE GUILTY OF TRESPASS AND MAY BE
    4  REMOVED SUMMARILY BY THE CAMPGROUND OWNER OR A LAW ENFORCEMENT OFFICER.
    5    D. A PERSON WHO IS REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION C
    6  OF  THIS  SECTION SHALL BE ENTITLED TO A REFUND OF THE UNUSED PORTION OF
    7  ANY PREPAID FEES, LESS ANY AMOUNT OTHERWISE OWED TO THE CAMPGROUND OWNER
    8  OR DEDUCTED FOR DAMAGES, WHICH UNUSED PORTION OF  PREPAID  FEES  MAY  BE
    9  PRORATED  AT  A  RATE  THAT  IS BASED UPON THE DAILY RATE CHARGED BY THE
   10  CAMPGROUND OWNER.
   11    E. ANY PERSON REMOVED FROM A CAMPGROUND WHO OR  WHO  OTHERWISE  LEAVES
   12  PROPERTY  ON  THE  CAMPGROUND  WITHOUT  THE PERMISSION OF THE CAMPGROUND
   13  OWNER UPON THE CONCLUSION OF A CAMPING SEASON SHALL BE PROVIDED  WITH  A
   14  REASONABLE OPPORTUNITY TO RETURN TO THE CAMPGROUND, EITHER PERSONALLY OR
   15  THROUGH  A  PERSON WHO HAS BEEN GIVEN WRITTEN AUTHORITY TO ACT ON BEHALF
   16  OF SUCH PERSON, FOR THE PURPOSE OF RECLAIMING  SUCH  PROPERTY.  PROPERTY
   17  THAT IS NOT RECLAIMED SHALL BE DEEMED TO HAVE BEEN PLACED IN STORAGE AND
   18  MAY  BE  DISPOSED  OF  BY  THE CAMPGROUND OWNER PURSUANT TO THE TERMS OF
   19  ARTICLE NINE OF THE LIEN LAW. A MOTOR VEHICLE SHALL BE  DEEMED  TO  HAVE
   20  BEEN  STORED  BY  A  BAILEE  OF  MOTOR  VEHICLES PURSUANT TO SECTION ONE
   21  HUNDRED EIGHTY-FOUR OF THE LIEN LAW AND OTHER PERSONAL PROPERTY SHALL BE
   22  DEEMED TO HAVE BEEN STORED BY THE OWNER OF A SELF SERVICE STORAGE FACIL-
   23  ITY PURSUANT TO SECTION ONE HUNDRED EIGHTY-TWO OF THE LIEN LAW.
   24    S 2. This act shall take effect immediately.