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H.B. 86 Enrolled
7 LONG TITLE
8 General Description:
9 This bill makes it a class B misdemeanor for a person to take wildlife or engage in
10 wildlife activities on private land if the person has notice to not enter or remain on the
12 Highlighted Provisions:
13 This bill:
14 . modifies the definition of "properly posted";
15 . makes it a class B misdemeanor for a person to take wildlife or engage in wildlife
16 activities on private land if the person has notice to not enter or remain on the land;
18 . makes technical changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 23-20-14, as last amended by Laws of Utah 2011, Chapter 297
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 23-20-14 is amended to read:
29 23-20-14. Definitions -- Posted property -- Hunting by permission -- Entry on
30 private land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable
31 to officers -- Promotion of respect for private property.
32 (1) As used in this section:
33 (a) "Cultivated land" means land [
34 (i) land whose soil is loosened or broken up for the raising of crops;
35 (ii) land used for the raising of crops; or
36 (iii) pasturage which is artificially irrigated.
37 (b) "Division" means the Division of Wildlife Resources.
38 (c) "Permission" means written authorization from the owner or person in charge to
39 enter upon private land that is either cultivated or properly posted, and shall include:
40 (i) the signature of the owner or person in charge;
41 (ii) the name of the person being given permission;
42 (iii) the appropriate dates; and
43 (iv) a general description of the property.
44 (d) "Properly posted" means that [
47 (i) at all corners, fishing streams crossing property lines, roads, gates, and
48 rights-of-way entering the land[
50 (ii) in a manner that would reasonably be expected to be seen by a person in the area.
51 (2) (a) While taking wildlife or engaging in wildlife related activities, a person may
53 (i) without [
54 owned land that is cultivated or properly posted;
57 (ii) enter or remain on privately owned land if the person has notice to not enter or
58 remain on the privately owned land; or
59 (iii) obstruct any entrance or exit to private property.
60 (b) A person has notice to not enter or remain on privately owned land if:
61 (i) the person is directed to not enter or remain on the land by:
62 (A) the owner of the land;
63 (B) the owner's employee; or
64 (C) a person with apparent authority to act for the owner; or
65 (ii) the land is fenced or otherwise enclosed in a manner that a reasonable person
66 would recognize as intended to exclude intruders.
70 (i) private property the person does not own or legally control; or
71 (ii) land that is open to the public as provided by Section 23-21-4 .
72 (3) (a) A person convicted of violating [
73 the person's license, tag, certificate of registration, or permit, relating to the activity engaged in
74 at the time of the violation, revoked by a hearing officer.
75 (b) A hearing officer may construe any subsequent conviction which occurs within a
76 five-year period as a flagrant violation and may prohibit the person from obtaining a new
77 license, tag, certificate of registration, or permit for a period of up to five years.
78 (4) Subsection (2)(a) does not apply to peace or conservation officers in the
79 performance of their duties.
80 (5) (a) The division shall provide information regarding owners' rights and sportsmen's
82 (i) to anyone holding licenses, certificates of registration, tags, or permits to take
83 wildlife; and
84 (ii) by using the public media and other sources.
85 (b) The restrictions in this section relating to trespassing shall be stated in all hunting
86 and fishing proclamations issued by the Wildlife Board.
87 (6) [
88 a class B misdemeanor.
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