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.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Huntley
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: 2009-10: A.8267; Referred to Judiciary
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4024 2011-2012 Regular Sessions IN SENATE March 14, 2011 ___________Introduced by Sens. LITTLE, MAZIARZ -- 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. C. A PERSON WHO REMAINS ON A CAMPGROUND AFTER HAVING BEEN ASKED TO LEAVE BY A CAMPGROUND OWNER FOR VIOLATING ANY OF THE PROVISIONS OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09119-01-1 S. 4024 2
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.