Legislation
SECTION 233-B*2
Campgrounds
Real Property (RPP) CHAPTER 50, ARTICLE 7
* § 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. For purposes of this section, campgrounds shall not
include land owned by the state of New York.
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
agreement.
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.
* NB There are 2 § 233-b's
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. For purposes of this section, campgrounds shall not
include land owned by the state of New York.
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
agreement.
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.
* NB There are 2 § 233-b's