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A03661 Summary:

BILL NOA03661
 
SAME ASSAME AS S01168
 
SPONSORManktelow
 
COSPNSRGiglio JM, Sayegh, Miller, Smullen, Angelino, Hawley, DeStefano, Gallahan
 
MLTSPNSR
 
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.
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A03661 Actions:

BILL NOA03661
 
02/03/2023referred to codes
01/03/2024referred to codes
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A03661 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3661
 
SPONSOR: Manktelow
  TITLE OF BILL: An act to amend the penal law, in relation to posting private property   PURPOSE OR GENERAL IDEA OF BILL: 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.   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. However, 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 add 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 occurring. 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.   PRIOR LEGISLATIVE HISTORY: 2020-21: referred to codes 2021-22: held for consideration in coded   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   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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A03661 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3661
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2023
                                       ___________
 
        Introduced by M. of A. MANKTELOW, J. M. GIGLIO, SAYEGH, MILLER, SMULLEN,
          ANGELINO, HAWLEY, DeSTEFANO -- 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03523-01-3

        A. 3661                             2
 
     1    (b)  An owner or lessee of any real property may post such property by
     2  placing identifying purple marks on trees or posts around the area to be
     3  posted. Each purple mark shall be: (i) a vertical line of at least eight
     4  inches in length and the bottom of the mark shall be no less than  three
     5  feet  nor  more  than five feet high. Such marks shall be placed no more
     6  than one hundred feet apart and shall be readily visible to  any  person
     7  approaching  the  property; or (ii) a post capped or otherwise marked on
     8  at least its top two inches. The bottom of the cap or mark shall be  not
     9  less  than three feet but not more than five feet six inches high. Posts
    10  so marked shall be placed not more than thirty-six feet apart and  shall
    11  be  readily  visible  to  any  person approaching the property. Prior to
    12  applying a cap or mark which is visible  from  both  sides  of  a  fence
    13  shared  by  different  property  owners  or  lessees, all such owners or
    14  lessees shall concur in the decision to post their own property. Nothing
    15  in this subdivision shall be construed to authorize the owner or  lessee
    16  of any real property to place any purple marks on any tree or post or to
    17  install  any post or fence if doing so would violate any applicable law,
    18  rule,  ordinance,  order,  covenant,  bylaw,  declaration,   regulation,
    19  restriction, contract, or instrument.
    20    §  2. The department of agriculture and markets shall conduct a public
    21  information campaign concerning the provisions of this act. Such depart-
    22  ment may prepare a brochure or disseminate the information  through  the
    23  agency  website.  Such  information  shall  include the requirements set
    24  forth in paragraph (b) of subdivision 5 of section 140.00 of  the  penal
    25  law,  including information regarding the size requirements of the mark-
    26  ings as well as the manner in which the markings shall be displayed.
    27    § 3. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.
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