S T A T E O F N E W Y O R K
________________________________________________________________________
3994
2017-2018 Regular Sessions
I N S E N A T E
February 1, 2017
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Introduced by Sen. SEWARD -- 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:
Section 1. Subdivision 5 of section 140.00 of the penal law, as
amended by chapter 698 of the laws of 1979, is amended to read as
follows:
5. "Enter or remain unlawfully." (A) A person "enters or remains
unlawfully" in or upon premises when he is not licensed or privileged to
do so. A person who, regardless of his intent, enters or remains in or
upon premises which are at the time open to the public does so with
license and privilege unless he defies a lawful order not to enter or
remain, personally communicated to him by the owner of such premises or
other authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license or
privilege to enter or remain in that part of the building which is not
open to the public. A person who enters or remains upon unimproved and
apparently unused land, which is neither fenced nor otherwise enclosed
in a manner designed to exclude intruders, does so with license and
privilege unless notice against trespass is personally communicated to
him by the owner of such land or other authorized person, or unless such
notice is given by posting in a conspicuous manner. A person who enters
or remains in or about a school building without written permission from
someone authorized to issue such permission or without a legitimate
reason which includes a relationship involving custody of or responsi-
bility for a pupil or student enrolled in the school or without legiti-
mate business or a purpose relating to the operation of the school does
so without license and privilege.
(B) AN OWNER OR LESSEE OF ANY REAL PROPERTY MAY POST SUCH PROPERTY BY
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
S. 3994 2
POSTED. EACH PURPLE MARK SHALL BE: (I) A VERTICAL LINE OF AT LEAST EIGHT
INCHES IN LENGTH AND THE BOTTOM OF THE MARK SHALL BE NO LESS THAN THREE
FEET NOR MORE THAN FIVE FEET HIGH. SUCH MARKS SHALL BE PLACED NO MORE
THAN ONE HUNDRED FEET APART AND SHALL BE READILY VISIBLE TO ANY PERSON
APPROACHING THE PROPERTY; OR (II) A POST CAPPED OR OTHERWISE MARKED ON
AT LEAST ITS TOP TWO INCHES. THE BOTTOM OF THE CAP OR MARK SHALL BE NOT
LESS THAN THREE FEET BUT NOT MORE THAN FIVE FEET SIX INCHES HIGH. POSTS
SO MARKED SHALL BE PLACED NOT MORE THAN THIRTY-SIX FEET APART AND SHALL
BE READILY VISIBLE TO ANY PERSON APPROACHING THE PROPERTY. PRIOR TO
APPLYING A CAP OR MARK WHICH IS VISIBLE FROM BOTH SIDES OF A FENCE
SHARED BY DIFFERENT PROPERTY OWNERS OR LESSEES, ALL SUCH OWNERS OR
LESSEES SHALL CONCUR IN THE DECISION TO POST THEIR OWN PROPERTY. NOTHING
IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE THE OWNER OR LESSEE
OF ANY REAL PROPERTY TO PLACE ANY PURPLE MARKS ON ANY TREE OR POST OR TO
INSTALL ANY POST OR FENCE IF DOING SO WOULD VIOLATE ANY APPLICABLE LAW,
RULE, ORDINANCE, ORDER, COVENANT, BYLAW, DECLARATION, REGULATION,
RESTRICTION, CONTRACT, OR INSTRUMENT.
§ 2. The department of agriculture and markets shall conduct a public
information campaign concerning the provisions of this act. Such depart-
ment may prepare a brochure or disseminate the information through the
agency website. Such information shall include the requirements set
forth in paragraph (b) of subdivision 5 of section 140.00 of the penal
law, including information regarding the size requirements of the mark-
ings as well as the manner in which the markings shall be displayed.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.
This proposed bill is fundamentally flawed. The use of paint color with nothing more falls short of the essential need for notice in making an activity some sort of violation. An explicit sign or other "No Trespassing" notice at the boundary of the area intended to be protected must be the minimum requirement to invoke such legal protections or penalties. It is a reasonable responsibility for the property owner and strikes the appropriate balance of rights and responsibilities. Purple paint may be easier for the property owner, but more is necessary to invoke statutory protections.