senate Bill S4024

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Mar / 2011
    • REFERRED TO JUDICIARY
  • 17 / May / 2011
    • 1ST REPORT CAL.740
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • PASSED SENATE
  • 13 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 18 / Jan / 2012
    • 1ST REPORT CAL.39
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / Jan / 2012
    • PASSED SENATE
  • 30 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5561
Versions:
S4024
Legislative Cycle:
2011-2012
Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง233-b, RP L
Versions Introduced in 2009-2010 Legislative Cycle:
S6963, A8267

Sponsor Memo

BILL NUMBER:S4024

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4024

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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 OF

 EXPLANATION--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.

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