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S1944Senate2019-2020 SessionSame asA1569

Let Campgrounds Evict Troublemakers

Official title

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

Sponsor Betty LittleSD-45Affects Legal
Status
Senate Floor Calendar
Impact
4/10
Low
Outcome
Companion signed

Bill progress

Signed via A1569

What's happening

This bill allows campground owners to have disruptive guests removed by law enforcement after a written warning and outlines procedures for refunds and property removal.

Why it matters

  1. Creates a clear legal process for removing disruptive or dangerous guests from campgrounds. , which may help owners maintain a safer and more enjoyable environment for all visitors.

  2. Establishes due process protections for guests. by requiring a written warning before removal, ensuring that guests have notice and an opportunity to change their behavior before law enforcement is involved.

  3. Guarantees partial refunds for removed guests. , so individuals who are asked to leave are not financially penalized beyond their actual usage, which could be important for fairness and consumer rights.

  4. Outlines procedures for handling and reclaiming property left behind after removal. , including a required 30-day notice and reference to existing lien laws, thereby reducing the risk of disputes over lost or abandoned property.

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Who cares

Headline styles

Let Campgrounds Evict Troublemakers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Betty Little

Senator · Senate District 45

No co-sponsors yet.

History

  1. Substituted by A1569A
  2. Ordered to third reading cal.1754
  3. Committee discharged and committed to rules
  4. Print number 1944a
  5. Amend and recommit to judiciary
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1569Assembly

Let Owners Remove Campers

Signed by Governor · Sponsor Billy Jones

Impact 5 · ModerateSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1944--A

2019-2020 Regular Sessions

IN SENATE

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 Assembly, 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 agreement.

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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property law, in relation to campgrounds

Purpose

Provides for the removal of disruptive guests from campgrounds.

Summary of provisions

Adds a new section, 233-b, to the real property law, which provides (1) for the removal of disruptive guests from campgrounds by law enforcement officials, (2) refunds of fees paid by guests removed from campgrounds, which is based upon the campground's daily rate, and (3) the removal of property belonging to evicted guests from campsites and the disposal of such property if unclaimed.

Justification

There is no effective way to remove long-term (greater than one week) disruptive guests from a campground. Under current law, it is necessary to commence eviction proceedings against such guests, which can take a matter of weeks, if not months. In the meantime, these guests often repeat their disruptive behavior, which prevents other guests from enjoying their camping experiences. This bill provides for the removal of disruptive guests who repeat their disruptive behavior by a law enforcement officer, who may cite them with trespass. It also provides these guests with a fair refund of their prepaid camping fees and a means to reclaim their property and to dispose of property that is left behind.

Legislative history

2018: Died in Judiciary committees of both houses 2015-16: Passed in Senate; died in Assembly Judiciary 2013-14: Passed in Senate; Died in Assembly Judiciary 2011-12: Passed in Senate; Died in Assembly Judiciary

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.