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.
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.