The new law,
Senate Bill 1914, was signed by the governor on Aug. 22 and took
effect immediately. While the new law gives Illinois landowners or
lessees the option of marking their property with a series of
defined purple paint markings on trees or posts, additional notice
is still required through 2012. Until Jan. 1, 2013, landowners using
purple marks must continue to issue a "no trespassing" notice,
either by oral or written notice to individuals or by posting
appropriate signage at the main entrance to the property in
question.
Provisions of the new law require that the purple paint marks
used to designate "no trespassing" notice must be either:
- A vertical line of at least 8 inches in length. The bottom
of the mark shall be between 3 feet and 5 feet high. Each mark
shall be no more than 100 feet from another such mark and be
readily visible to any person approaching the property.
Or:
- A post capped or otherwise marked on at least its top 2
inches. The bottom of the cap or mark shall be between 3 feet
and 5 feet, 6 inches high. Posts so marked shall be no more than
36 feet apart and be readily visible to any person approaching
the property. Prior to applying a cap or mark that is visible
from both sides of a fence shared by different property owners
or lessees, all such owners or lessees must agree to the
decision to post their own property.
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Trespassing on property marked for "no trespassing" is a Class B
misdemeanor except in certain circumstances. The trespassing
constitutes a Class A misdemeanor when a person trespasses using a
motor vehicle if the marked area is an orchard, an enclosed area
containing livestock, a barn or other agricultural building
containing livestock, or a field that is used or capable of being
used for growing crops.
No landowner or lessee is authorized to post purple marks if
doing so would violate any applicable law, rule, ordinance, order,
covenant, bylaw, declaration, regulation, restriction, contract or
other instrument.
The law on purple markings does not apply to real property
located in a municipality of over 2,000,000 inhabitants.
For more details on the new law, visit
http://www.dnr.illinois.gov/hunting/
Pages/PublicAct97-0477.aspx.
[Text from
news release from the
Illinois Government News
Network]
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