S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1317
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  LITTLE -- 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:
   § 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.
              

                                                            LBD00306-01-7

 S. 1317                             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.
   § 2. This act shall take effect immediately.