The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4716
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  --  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.
   (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.

                                                            LBD08482-01-1

 A. 4716                             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.