What's happening
This bill allows property owners to mark their land with purple paint to legally post no-trespassing notices and requires a public information campaign about the new marking rules.
Why it matters
Simplifies posting requirements. By allowing property owners to use purple paint marks instead of traditional "No Trespassing" signs, the bill lowers the barrier for landowners to clearly mark their property and assert their rights, especially in rural or wooded areas where signs are easily damaged or removed.
Legal clarity for trespassing. The bill makes it clear that these purple markings carry the same legal weight as a posted sign, meaning anyone ignoring them can be prosecuted for trespassing, potentially reducing disputes about whether someone was aware they were on private land.
Uniform guidelines prevent abuse. The law specifies the size, placement, and visibility requirements for the purple marks, and it prohibits marking in ways that would violate other laws or property agreements, balancing property rights with neighbor relations and community standards.
Public awareness to avoid confusion. By mandating a public information campaign, the bill aims to educate both property owners and the general public about the meaning of the purple marks, reducing the risk of accidental trespassing and ensuring fair enforcement.
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Who cares
Headline styles
Mark Property With Purple Paint
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Allow Purple Marks for Posting
In Assembly Committee · Codes · Sponsor Brian Manktelow
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4248
2019-2020 Regular Sessions
IN SENATE
March 5, 2019
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 Assembly, 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 responsibility for a pupil or student enrolled in the school or without legitimate 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.
LBD09556-01-9
S. 4248 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 department 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 markings 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to posting private property
Purpose
To provide a more cost-effective and long lasting alternative to tradi- tional "posted" signs as a means of demarcating one's property.
Summary of provisions
Section 1 amends subdivision 5 of section 140.00 of the penal law, as amended by chapter 698 of the laws of 1979, in order to include a provision allowing property owners to demarcate property lines through the use of purple paint as an alternative to displaying posted signs.
Section 2 states that the department of agriculture shall establish a public information campaign in order to distribute information on this new alternative and its requirements.
Section 3 states the effective date.
Existing law
Currently, under New York State's Environmental Conservation law § 11-2111, in order to demarcate one's property, a sign shall be posted on each side of the protected area and on each side of each corner of the protected area, provided the corner can be reasonably ascertained. This sign must include either the word "posted" or a written warning against entry for specific purposes without the owner's consent, as well as the name and address of the property owner.
Justification
This bill would allow property owners to place purple paint markings on trees as an alternative to the current method of defining one's property through posted signs. The reasoning behind the existing law's provisions is rational, as most people would initially assume that the best way of conveying any sort of message is through the posting of a sign. However, as time has passed, it is clear to see that this conventional method comes with some faults, which this legislation seeks to amend. The prime defect of this technique of delineating property lines is a sign's abil- ity to be tampered with and/or removed completely. Trespassers can easi- ly vandalize these posted signs in a way which would free them of any accountability for unlawfully laying foot on another's property, most commonly in instances of hunting. Aside from the physical and timely demands of maintaining these signs, one must also consider the economic demands. The constant repair and/or reinstallation of these signs and fences adds an extra, and burdensome, expense to property owners. Under this bill, this shortcoming of the standard posted sign is ultimately eliminated, or at the very least, dramatically lessens the likelihood of such obstruction occur ring.
In other states which have enacted similar legislation such as Illinois, Missouri, Arkansas and Texas, one can see this reduction of occurrences in action. In addition to this, a number of other states such as North Carolina, Maine, Florida, Idaho, Montana, Arizona and Kansas also have in place similar statutes with the slight difference in the use of color. However, researchers on the subject advocate the specific use of the color purple as it stands out in a natural setting, is not already used in the forestry industry and it is a hue that is recognizable for colorblind individuals.
Legislative history
S. 3994 of 2017-2018, (codes).
Fiscal implications
None to the state.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become a law in order to provide an appropriate window of time for the public to become familiar with this new method of demarca- tion.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.