S.B. 238

1

PRIVATE PROPERTY POSTING
2 REQUIREMENTS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Leonard M. Blackham
6 AN ACT RELATING TO FISH AND GAME; AMENDING THE DEFINITION OF "PROPERLY
7 POSTED."
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 23-20-14, as last amended by Chapters 63 and 211, Laws of Utah 1995
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 23-20-14 is amended to read:
13 23-20-14. Definitions -- Posted property -- Hunting by permission -- Entry on private
14 land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers
15 -- Promotion of respect for private property.
16 (1) As used in this section:
17 (a) "Division" means the Division of Wildlife Resources.
18 (b) "Permission" means written authorization from the owner or person in charge to enter
19 upon private land that is properly posted, and must include:
20 (i) the signature of the owner or person in charge;
21 (ii) the name of the person being given permission;
22 (iii) the appropriate dates; and
23 (iv) a general description of the property.
24 (c) "Properly posted" means that "No Trespassing" signs or a minimum of 100 square
25 inches of bright yellow, bright orange, or fluorescent paint are displayed at all corners, fishing
26 streams crossing property lines, roads, gates, and rights-of-way entering the land. If metal fence
27 posts are used, the entire exterior side must be painted.

28 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may not:
29 (i) without the permission of the owner or person in charge, enter upon privately owned
30 and properly posted land of any other person, firm, or corporation;
31 (ii) refuse to immediately leave the private land if requested to do so by the owner or
32 person in charge; or
33 (iii) obstruct any entrance or exit to private property.
34 (b) "Hunting by permission cards" will be provided to landowners by the division upon
35 request.
36 (c) A person may not post:
37 (i) private property he does not own or legally control; or
38 (ii) land that is open to the public as provided by Section 23-21-4 .
39 (3) (a) A person convicted of violating any provision of Subsection (2) may have his
40 license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of
41 the violation, revoked by a hearing officer.
42 (b) A hearing officer may construe any subsequent conviction which occurs within a
43 five-year period as a flagrant violation and may prohibit the person from obtaining a new license,
44 tag, certificate of registration, or permit for a period of up to five years.
45 (4) Subsection (2)(a) does not apply to peace or conservation officers in the performance
46 of their duties.
47 (5) (a) The division shall provide information regarding owners' rights and sportsmen's
48 duties:
49 (i) to anyone holding licenses, certificates of registration, tags, or permits to take wildlife;
50 and
51 (ii) by using the public media and other sources.
52 (b) The restrictions in this section relating to trespassing shall be stated in all hunting and
53 fishing proclamations issued by the Wildlife Board.
54 (6) Any person who violates any provision of Subsection (2) is guilty of a class B
55 misdemeanor.

Legislative Review Note
as of 2-9-99 6:21 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel