S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3661
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03523-01-3
 A. 3661                             2
              

 
   (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
 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.