PURPLE PAINT LAW ( SB1914 )

05/11/2011 8:56 PM | Anonymous
Summary: This bill would allow landowners to mark their boundaries with stripes of purple paint in lieu of fencing or "No Trespassing" signs.  Not only would this be less expensive and easier, but trees would not be damaged from nails holding signs.  The purple stripes would be a legal warning to anyone that trespassing is not allowed.

Description:

The current version of this bill provides -

1) Landowners can still use “No Trespassing” signs

2) As an alternative to signs, landowners can mark trees or posts to indicate their property boundaries

3) Trees are marked with a vertical line at least 8 inches long and between 3 and 5 feet off the ground with no more than 100 feet between marked trees (the side of the tree facing away from the property is marked)

4) Posts are marked by painting the top two inches which must be between 3 and 5 feet off the ground with no more than 36 feet between posts

5) Landowners must obtain agreement of their neighbors if using this post method, because the post’s painted top is visible from both sides of the boundary (neighbor’s agreement is not needed if marking trees)

5) Landowners using purple paint must also post a sign indicating their use of this method at the main entrance to their property

6) Marking property boundaries with purple paint constitutes a valid warning against trespassing and those violating such marked boundaries can be prosecuted

6) The Departments of Agriculture and Natural Resources are charged with educating the public about provisions of the law, when passed, including preparing a brochure describing the requirements.

Notes:

There is no standard set for this paint in the law, but I would assume the IDNR will issue standards similar to those in use in Missouri and Arkansas where the law has been successfully implemented.  In those states, one can purchase the applicable purple paint in a hardware store.

A few state senators’ objections to the bill will lead to an amendment being added in the House that makes the law applicable only in rural areas.  How the House will define rural areas is unclear at this time. 

IFA Position

The IFA board favors this legislation because, as has been found in other states with a similar law, signs can be removed by trespassers, while the painted markings are difficult to erase.  Also, the purple paint is cheaper and easier to use than signs.  Lastly, unless you have fence posts, nailing signs to trees is not recommended and painting the bark does far less damage.

Comments

  • 05/11/2011 5:02 PM | Anonymous
    Status

    This bill has passed the Illinois Senate and has moved to the House where it is being sponsored by Representative Dan Reitz.
  • 07/16/2011 7:24 PM | Anonymous
    This bill was amended by the House and passed. It now goes back to the Senate for confirmation of the amendments
  • 07/16/2011 7:25 PM | Anonymous
    The Senate has confirmed the House amendments, so the bill goes to the governor for his signature.
  • 08/30/2011 10:24 AM | Anonymous
    The governor signed the law on August 22nd. Here is the accompanying press release:

    SPRINGFIELD, IL – A new law signed by Governor Pat Quinn allows Illinois landowners or lessees the option of using purple paint markings on trees or posts on their property as a “no trespassing” notice. The “Purple Paint Law” is designed as an alternative which Illinois landowners can use to protect their property from trespassing.

    The new law – Senate Bill 1914 – was signed by Governor Quinn on Aug. 22 and took effect immediately.

    While the new “Purple Paint 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 January 1, 2013 those 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:

    1. 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

    2. 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.

    Trespassing on property marked for “no trespassing” is a Class B misdemeanor, except 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. Such trespassing constitutes a Class A misdemeanor.

    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 new “Purple Paint Law” does not apply to real property located in a municipality of over 2,000,000 inhabitants.

    For more details on the new law, please visit http://www.dnr.illinois.gov/hunting/Pages/PublicAct97-0477.aspx
  • 04/24/2012 8:13 AM | Anonymous
    This bill was passed by the legislature and signed into law by the governor in August, 2011.
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