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A06429 Summary:

A06429 Actions:

A06429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6429
 
SPONSOR: Magee

 
TITLE OF BILL:
 
An act to amend the penal law, in relation to posting private property
 
 
PURPOSE:
 
To provide a more cost-effective and long lasting alternative to tradi-
tional "posted" signs as a means of demarcating one's property.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends subdivision 5 of section 140.00 of the penal law, as
amended by chapter 698 of the laws of 1979, in order to include a
provision allowing property owners to demarcate property lines through
the use of purple paint as an alternative to displaying posted signs.
 
Section 2 states that the department of agriculture shall establish a
public information campaign in order to distribute information on this
new alternative and its requirements.
 
Section 3 states the effective date.
 
 
EXISTING LAW:
 
Currently, under New York State's Environmental Conservation law
11-2111, in order to demarcate one's property, a sign shall be posted on
each side of the protected area and on each side of each corner of the
protected area, provided the corner can be reasonably ascertained. This
sign must include either the word "posted" or a written warning against
entry for specific purposes without the owner's consent, as well as the
name and address of the property owner.
 
 
JUSTIFICATION:
 
This bill would allow property owners to place purple paint markings on
trees as an alternative to the current method of defining one's property
through posted signs. The reasoning behind the existing law's provisions
is rational, as most people would initially assume that the best way of
conveying any sort of message is through the posting of a sign.  Howev-
er, as time has passed, it is clear to see that this conventional method
comes with some faults, which this legislation seeks to amend. The prime
defect of this technique of delineating property lines is a sign's abil-
ity to be tampered with and/or removed completely. Trespassers can easi-
ly vandalize these posted signs in a way which would free them of any
accountability for unlawfully laying foot on another's property, most
commonly in instances of hunting.  Aside from the physical and timely
demands of maintaining these signs, one must also consider the economic
demands. The constant repair and/or reinstallation of these signs and
fences adds an extra, and burdensome, expense to property owners. Under
this bill, this shortcoming of the standard posted sign is ultimately
eliminated, or at the very least, dramatically lessens the likelihood of
such obstruction occur ring.
 
In other states which have enacted similar legislation such as Illinois,
Missouri, Arkansas and Texas, one can see this reduction of occurrences
in action. In addition to this, a number of other states such as North
Carolina, Maine, Florida, Idaho, Montana, Arizona and Kansas also have
in place similar statutes with the slight difference in the use of
color. However, researchers on the subject advocate the specific use of
the color purple as it stands out in a natural setting, is not already
used in the forestry industry and it is a hue that is recognizable for
colorblind individuals.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None to the state.
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law in order to provide an appropriate window of
time for the public to become familiar with this new method of demarca-
tion.

A06429 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6429
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2017
                                       ___________
 
        Introduced  by M. of A. MAGEE -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to posting private property
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  5  of  section  140.00  of the penal law, as
     2  amended by chapter 698 of the laws  of  1979,  is  amended  to  read  as
     3  follows:
     4    5.  "Enter  or  remain  unlawfully."  (a)  A person "enters or remains
     5  unlawfully" in or upon premises when he is not licensed or privileged to
     6  do so. A person who, regardless of his intent, enters or remains  in  or
     7  upon  premises  which  are  at  the time open to the public does so with
     8  license and privilege unless he defies a lawful order not  to  enter  or
     9  remain,  personally communicated to him by the owner of such premises or
    10  other authorized person. A license or privilege to enter or remain in  a
    11  building  which  is  only  partly open to the public is not a license or
    12  privilege to enter or remain in that part of the building which  is  not
    13  open  to  the public. A person who enters or remains upon unimproved and
    14  apparently unused land, which is neither fenced nor  otherwise  enclosed
    15  in  a  manner  designed  to  exclude intruders, does so with license and
    16  privilege unless notice against trespass is personally  communicated  to
    17  him by the owner of such land or other authorized person, or unless such
    18  notice  is given by posting in a conspicuous manner. A person who enters
    19  or remains in or about a school building without written permission from
    20  someone authorized to issue such  permission  or  without  a  legitimate
    21  reason  which  includes a relationship involving custody of or responsi-
    22  bility for a pupil or student enrolled in the school or without  legiti-
    23  mate  business or a purpose relating to the operation of the school does
    24  so without license and privilege.
    25    (b) An owner or lessee of any real property may post such property  by
    26  placing identifying purple marks on trees or posts around the area to be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09281-02-7
        A. 6429                             2
 
     1  posted. Each purple mark shall be: (i) a vertical line of at least eight
     2  inches  in length and the bottom of the mark shall be no less than three
     3  feet nor more than five feet high. Such marks shall be  placed  no  more
     4  than  one  hundred feet apart and shall be readily visible to any person
     5  approaching the property; or (ii) a post capped or otherwise  marked  on
     6  at  least its top two inches. The bottom of the cap or mark shall be not
     7  less than three feet but not more than five feet six inches high.  Posts
     8  so  marked shall be placed not more than thirty-six feet apart and shall
     9  be readily visible to any person  approaching  the  property.  Prior  to
    10  applying  a  cap  or  mark  which  is visible from both sides of a fence
    11  shared by different property owners  or  lessees,  all  such  owners  or
    12  lessees shall concur in the decision to post their own property. Nothing
    13  in  this subdivision shall be construed to authorize the owner or lessee
    14  of any real property to place any purple marks on any tree or post or to
    15  install any post or fence if doing so would violate any applicable  law,
    16  rule,   ordinance,  order,  covenant,  bylaw,  declaration,  regulation,
    17  restriction, contract, or instrument.
    18    § 2. The department of agriculture and markets shall conduct a  public
    19  information campaign concerning the provisions of this act. Such depart-
    20  ment  may  prepare a brochure or disseminate the information through the
    21  agency website. Such information  shall  include  the  requirements  set
    22  forth  in  paragraph (b) of subdivision 5 of section 140.00 of the penal
    23  law, including information regarding the size requirements of the  mark-
    24  ings as well as the manner in which the markings shall be displayed.
    25    § 3. This act shall take effect on the one hundred twentieth day after
    26  it shall have become a law.