S1360-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1360-2013 Memo

BILL NUMBER:S1360

TITLE OF BILL:
An act
to amend the real property law, in relation to campgrounds

PURPOSE:
Provides for the removal of persons from campgrounds by the owner or
operator thereof, or his or her agent.

SUMMARY OF PROVISIONS:
Adds a new section, 233-b to the Real Property Law, which seeks to
define campgrounds and a campground owner and to provide for the
removal of persons from a campground who, among other things, create
a disturbance or otherwise violate lawful regulations promulgated by
the campground owner, Also provides for the return of pre-paid fees
and the disposal of property belonging of persons who are removed
from a campground or abandon property on a campground.

JUSTIFICATION:
There is no direct law dealing with the removal of guests from
campgrounds. As a result, many courts attempt to create a
landlord-tenant relationship, where it should be a licensor-licensee
relationship. Worse yet, other courts have also considered
campgrounds to be mobile home parks, which are subject-for good
reason- to extremely protracted eviction proceedings. There is also
no clear and effective way to dispose of property that is left behind
by a camper who is either removed from a campground or abandons
property on a campground. This bill seeks to address these issues.

LEGISLATIVE HISTORY:
2011-12 S. 4024 Passed Senate; A. 5561 Referred to judiciary

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:
This act shall take effect immediately.

S1360-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1360
 2013-2014 Regular Sessions
 I N  SENATE
 (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:

 

Section 1. The real property law is amended by adding  a  new  section
 233-b to read as follows:

 

S 233-B. CAMPGROUNDS. A. WHENEVER USED IN THIS SECTION:

 1. "CAMPGROUND" MEANS ANY PARCEL OR TRACT OF LAND, INCLUDING BUILDINGS
 OR OTHER STRUCTURES, WHERE FIVE OR MORE CAMPSITES ARE MADE AVAILABLE FOR
 USE  AS  TEMPORARY  LIVING QUARTERS FOR RECREATIONAL, CAMPING, TRAVEL OR
 SEASONAL USE.
 2. "CAMPGROUND OWNER" MEANS THE OWNER OR OPERATOR OF A  CAMPGROUND  OR
 AN AGENT OF SUCH OWNER OR OPERATOR.
 B.  A  CAMPGROUND OWNER MAY REMOVE OR CAUSE TO BE REMOVED FROM A CAMP
 GROUND ANY PERSON WHO:

 1. IS NOT A REGISTERED GUEST OR VISITOR OF THE CAMPGROUND;
 2. REMAINS ON THE CAMPGROUND BEYOND AN AGREED-UPON DEPARTURE TIME  AND
 DATE;
 3.  DEFAULTS  IN  THE  PAYMENT OF ANY LAWFULLY IMPOSED REGISTRATION OR
 VISITOR FEE OR CHARGE;
 4. CREATES A DISTURBANCE THAT DENIES  OTHER  PERSONS  THEIR  RIGHT  TO
 QUIET ENJOYMENT OF THE CAMPGROUND;
 5. VIOLATES ANY FEDERAL, STATE OR LOCAL LAW; OR
 6.  VIOLATES ANY OTHER LAWFUL REGULATION PROMULGATED BY THE CAMPGROUND
 OWNER AND CONTINUES IN VIOLATION FOR MORE THAN TWENTY-FOUR  HOURS  AFTER
 THE  CAMPGROUND  OWNER  HAS  GIVEN  WRITTEN NOTICE OF SUCH VIOLATION AND
 DIRECTING THAT SUCH PERSON CORRECT OR CEASE VIOLATION OF  SUCH  RULE  OR
 REGULATION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01120-01-3
 
       S. 1360                             2
 C.  A  PERSON  WHO  REMAINS ON A CAMPGROUND AFTER HAVING BEEN ASKED TO
 LEAVE BY A CAMPGROUND OWNER FOR  VIOLATING  ANY  OF  THE  PROVISIONS  OF
 SUBDIVISION  B  OF  THIS  SECTION SHALL BE GUILTY OF TRESPASS AND MAY BE
 REMOVED SUMMARILY BY THE CAMPGROUND OWNER OR A LAW ENFORCEMENT OFFICER.
 D. A PERSON WHO IS REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION C
 OF  THIS  SECTION SHALL BE ENTITLED TO A REFUND OF THE UNUSED PORTION OF
 ANY PREPAID FEES, LESS ANY AMOUNT OTHERWISE OWED TO THE CAMPGROUND OWNER
 OR DEDUCTED FOR DAMAGES, WHICH UNUSED PORTION OF  PREPAID  FEES  MAY  BE
 PRORATED  AT  A  RATE  THAT  IS BASED UPON THE DAILY RATE CHARGED BY THE
 CAMPGROUND OWNER.
 E. ANY PERSON REMOVED FROM A CAMPGROUND WHO OR  WHO  OTHERWISE  LEAVES
 PROPERTY  ON  THE  CAMPGROUND  WITHOUT  THE PERMISSION OF THE CAMPGROUND
 OWNER UPON THE CONCLUSION OF A CAMPING SEASON SHALL BE PROVIDED  WITH  A
 REASONABLE OPPORTUNITY TO RETURN TO THE CAMPGROUND, EITHER PERSONALLY OR
 THROUGH  A  PERSON WHO HAS BEEN GIVEN WRITTEN AUTHORITY TO ACT ON BEHALF
 OF SUCH PERSON, FOR THE PURPOSE OF RECLAIMING  SUCH  PROPERTY.  PROPERTY
 THAT IS NOT RECLAIMED SHALL BE DEEMED TO HAVE BEEN PLACED IN STORAGE AND
 MAY  BE  DISPOSED  OF  BY  THE CAMPGROUND OWNER PURSUANT TO THE TERMS OF
 ARTICLE NINE OF THE LIEN LAW. A MOTOR VEHICLE SHALL BE  DEEMED  TO  HAVE
 BEEN  STORED  BY  A  BAILEE  OF  MOTOR  VEHICLES PURSUANT TO SECTION ONE
 HUNDRED EIGHTY-FOUR OF THE LIEN LAW AND OTHER PERSONAL PROPERTY SHALL BE
 DEEMED TO HAVE BEEN STORED BY THE OWNER OF A SELF SERVICE STORAGE FACIL
 ITY PURSUANT TO SECTION ONE HUNDRED EIGHTY-TWO OF THE LIEN LAW.
 

S 2. This act shall take effect immediately.

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