|SAME AS||SAME AS S03994|
|Amd §140.00, Pen L|
|Permits owners of private property to post such property to prevent trespass by painting purple markings on trees or markers.|
|03/07/2017||referred to codes|
|01/03/2018||referred to codes|
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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.
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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. LBD09281-02-7A. 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.