S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1944--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2019
                                ___________
 
 Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
 IN A CONSPICUOUS  PLACE OR MADE A PART OF THE GUEST'S  OCCUPANCY  AGREE-
 MENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03141-03-9
              

 S. 1944--A                          2
 
   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.