senate Bill S1360

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
Jun 11, 2013 referred to judiciary
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1176
committee discharged and committed to rules
Jan 09, 2013 referred to judiciary

Votes

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Co-Sponsors

S1360 - Bill Details

See Assembly Version of this Bill:
A5617
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Add ยง233-b, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4024, A5561
2009-2010: S6963, A8267

S1360 - Bill Texts

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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 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.

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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:

  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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