Download this document in MS Word format
BILL AS PASSED HOUSE AND SENATE 2007-2008

AutoFill Template

H.709

AN ACT RELATING TO CAMPGROUNDS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 4452 is amended to read:

§ 4452.  EXCLUSIONS

Unless created to avoid the application of this chapter, this chapter does not apply to any of the following:

(1)  occupancy Occupancy at a public or private institution, operated for the purpose of providing medical, geriatric, educational, counseling, religious or similar service;.

(2)  occupancy Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;.

(3)  occupancy Occupancy by a member of a fraternal, social or religious organization in the portion of a building operated for the benefit of the organization;.

(4)  transient Transient occupancy in a hotel, motel or lodgings during the time the occupancy is subject to a tax levied under chapter 225 of Title 32;.

(5)  occupancy Occupancy by the owner of a condominium unit or the holder of a proprietary lease in a cooperative;.

(6)  rental Rental of a mobile home lot governed by chapter 153 of Title 10.

(7)  Transient residence in a campground, which for the purposes of this chapter means any property used for seasonal or short-term vacation or recreational purposes on which are located cabins, tents, or lean-tos or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, and van campers.

Sec. 2.  10 V.S.A. §6204(f) is added to read:

(f)  This chapter shall not apply to the rental or use of campsites occupied for vacation or recreational purposes by camping units, such as: tents, yurts, tepees, lean-tos, camping cabins, and recreational vehicles, including motor homes, folding camping trailers, conventional travel trailers, fifth wheel travel trailers, truck campers, van campers, and conversion vehicles designed and used for travel, recreation, and camping.

Sec. 3.  Chapter 138.  Campgrounds is added to Title 9, to read as follows:

Chapter 138.  CAMPGROUNDS

§4470.  CAMPGROUNDS; REMOVAL

(a)  Definition.  A recreational campground or camping park is property where transient residence is offered or provided for seasonal or short-term vacation or recreational purposes on which may be located cabins, tents, or lean-tos or campsites designed for temporary set-up of portable or mobile camping, recreational, or travel dwelling units including tents, campers, and recreational vehicles such as motor homes, travel trailers, truck campers, and van campers.

(b)  An owner, operator, or agent of a recreational campground or camping park may remove or cause to be removed from a recreational campground or camping park any person who does any of the following:

(1)  refuses to pay registration or fees;

(2)  violates any municipal or state law; or

(3)  violates the published or posted rules of the recreational campground or camping park, which may include a rule that requires campers to respect the peace and quiet enjoyment of other campers and the owner, operator, or agent.

(c)  A person who refuses to immediately leave the property after he or she has been told to do so by the owner, operator, or agent shall be in violation of 13 V.S.A. § 3705(a) and may be prosecuted for unlawful trespass.  If any conduct involves the use of a motor vehicle, the person may be prosecuted for any applicable violation of Title 23.  For the purposes of this section, the property on which a campground or camping park is located shall be considered open to the free flow and circulation of traffic.  The person may be removed from the premises by a law enforcement officer on request of the owner, operator, or agent.

(d)  The owner, operator, or agent shall employ reasonable means to protect any personal property left at a campground or camping park by a person who has left or has been removed.  A reasonable storage fee which is published or posted may be charged for any personal property left at the campground or camping park.  If the owner does not take possession of the personal property within six months of the date the property has been left at the campground, the owner, operator or agent may dispose of it in a commercially reasonable manner and then pay to the owner the sale proceeds less any storage and sales fees incurred.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us