S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1569--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of A. JONES, FAHY, LAVINE, RIVERA, D'URSO, LAWRENCE,
   B. MILLER, CROUCH, NORRIS -- Multi-Sponsored by -- M. of  A.  COOK  --
   read  once  and referred to the Committee on Judiciary -- reported and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
   § 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.
   3. "GUEST" MEANS A PERSON WHO  OCCUPIES  A  CAMPSITE  PURSUANT  TO  AN
 AGREEMENT WITH A TERM OF MORE THAN ONE WEEK.
   B.  1.  A  CAMPGROUND  OWNER  MAY  REQUEST ANY LAW ENFORCEMENT OFFICER
 REMOVE ANY GUEST WHO WILLFULLY DENIES OTHER GUESTS THEIR RIGHT TO  QUIET
 ENJOYMENT  OF  THE  CAMPGROUND, INCLUDING, BUT NOT LIMITED, TO ANY GUEST
 WHO:
   (A) DISTURBS, THREATENS OR ENDANGERS OTHER GUESTS;
   (B) IS LESS THAN TWENTY-ONE YEARS OF AGE AND POSSESSES ALCOHOL;
   (C) POSSESSES ILLEGAL DRUGS;
   (D) VIOLATES ANY STATE OR LOCAL LAW; OR
   (E) VIOLATES ANY OTHER LAWFUL RULE OR  REGULATION  OF  THE  CAMPGROUND
 THAT ENHANCES THE SAFETY AND QUIET ENJOYMENT OF ITS GUESTS AND IS POSTED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03141-02-9
              

 A. 1569--A                          2
 
 IN  A CONSPICUOUS   PLACE OR MADE A PART OF THE GUEST'S OCCUPANCY AGREE-
 MENT.
   2.  THE  RIGHT TO REQUEST A GUEST TO BE REMOVED BY ANY LAW ENFORCEMENT
 OFFICER CAN ONLY BE EXERCISED AFTER THE CAMPGROUND OWNER  OR  ITS  AGENT
 HAS  PROVIDED  THE  GUEST  WITH  WRITTEN WARNING THAT HIS OR HER CONDUCT
 SHALL RESULT IN A REMOVAL FROM THE CAMPGROUND IF IT IS REPEATED. IN  THE
 EVENT  THAT  SUCH  CONDUCT IS REPEATED AND THE GUEST FAILS TO VACATE THE
 CAMPGROUND UPON BEING REQUESTED TO DO SO, THE CAMPGROUND OWNER MAY  ONLY
 CAUSE THE GUEST TO BE REMOVED BY A LAW ENFORCEMENT OFFICER, WHO MAY CITE
 THE GUEST WITH TRESPASS.
   C. A PERSON WHO IS REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION B
 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.
   D. A CAMPGROUND OWNER MAY REMOVE PROPERTY BELONGING TO A PERSON WHO IS
 REMOVED FROM A CAMPGROUND PURSUANT TO SUBDIVISION B OF THIS SECTION FROM
 A CAMPSITE AND SUCH PROPERTY, WHETHER REMOVED FROM A CAMPSITE OR ALLOWED
 TO REMAIN ON A CAMPSITE, SHALL BE DEEMED TO  BE  PLACED  IN  STORAGE.  A
 CAMPGROUND  OWNER  SHALL  PROVIDE THE OWNER OF SUCH PROPERTY THIRTY DAYS
 WRITTEN NOTICE, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,  TO  REMOVE
 SUCH  PROPERTY  AND DISPOSE OF SUCH PROPERTY PURSUANT TO ARTICLE NINE OF
 THE LIEN LAW IN THE EVENT THE OWNER FAILS TO REMOVE SUCH PROPERTY WITHIN
 THE THIRTY-DAY PERIOD OF TIME.
   § 2. This act shall take effect immediately.