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S01168 Summary:

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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S01168 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                    IN SENATE
                                    January 10, 2023
        Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
          printed to be committed 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.

        S. 1168                             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.
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