Landowners
have a new option for posting properties.
Photo Credit: North
Carolina Criminal Law
|
Landowners
who post their properties now have the option of using purple paint rather than
signs to alert others that lands are private and trespassing isn’t permitted.
House Bill
1772, which was signed into law by Gov. Tom Wolf in November and took effect
this week.
The bill
adds language to the section of state law dealing with criminal trespass. Under
the law, a person is considered a “defiant trespasser” – which carries enhanced
penalties – if he or she enters or remains in any place where notice against
trespassing is given by actual communication, lawful posting or fencing.
House Bill
1772 makes the use of purple paint on trees or posts a lawful posting method in
all but Allegheny and Philadelphia counties. Vertical purple lines must be at
least 8 inches long and 1 inch wide. The bottom of the mark must not be less
than 3 feet or more than 5 feet from the ground. And painted marks must not be
more than 100 feet apart.
Now that the
“purple paint law” is effective, hunters should know they might encounter
purple markings on trees and that these marks are meant to define the boundary
of an adjoining private property that’s posted against trespassing. The new law
also authorizes unarmed persons to go onto private property for the sole
purpose of retrieving a hunting dog.
In
Pennsylvania, defiant trespass is a third-degree misdemeanor punishable by up
to a year in jail and $2,500 in fines. And if trespassing occurs while hunting,
additional game-law violations – and additional penalties – also might apply. A
recent legislative act has provided the Game Commission the authority to
investigate trespassing complaints and enforce trespassing violations as a
primary offense, even if game-law violations aren’t alleged and the agency will
enforce trespassing aggressively.
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