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Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Includes the protrusion of personal property, plants and trees, and water from hoses and sprinklers onto another person's premises within the violation of trespass
In Assembly Committee · Codes · Sponsor Michael G. Miller
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3951
Title of bill
An act to amend the penal law, in relation to trespass
Purpose
Correlates to neighbors acting in good faith and upholding the cleanliness of a neighboring property. Defines protrusion of property and what constitutes it.
Summary of provisions
Section 1 amends Article 140 of the Penal law , entitled Burglary and Related Offenses.
Section 2 specifies the active date.
Justification
The value of a neighboring home, or neighborhood, can be affected by the detrimental effects of a neighbor or multiple residents in the community who fail to clean up external factors knowingly disturbing their adjacent neighbor or the community as a whole. For example, the owner of an oak tree can knowingly have a branch resting on an adjacent neighbor's home, whereby endangering and putting in peril the adjacent neighbor's foundation. This can also apply to the weight of a tree branch on a neighbor's fence. The perceived result of a break or crack within the fence caused by the neighbor's negligence to have the tree branch removed will cause physical harm to a neighboring property.
Included in this bill are bushes, shrubs and other plant life, which can certainly do as much harm to a neighboring property should the owner of the plant life in question fail to rectify the problem. In addition, spraying water from a hose, sprinkler or other device in or among the premises of another will be constituted as trespassing for the act of negligence and carelessness warrants a nominal fine. The goal of the bill is for neighbors to resolve differences civilly without the need of governmental interference.
Legislative history
New bill.
Fiscal implications
None.
Effective date
The first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.