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H.B. 41
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TRESPASS ACROSS CULTIVATED LAND
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Craig W. Buttars
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AN ACT RELATING TO WILDLIFE RESOURCES; h [
PROHIBITING TRESPASSING WHILE
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HUNTING ON CULTIVATED LAND
]
AMENDING THE POSTING REQUIREMENT FOR ENTRY UPON
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PRIVATE LAND WHILE HUNTING OR FISHING
h .
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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23-20-14, as last amended by Chapter 201, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
23-20-14
is amended to read:
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23-20-14. Definitions -- Posted property -- Hunting by permission -- Entry on private
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land while hunting or fishing -- Violations -- Penalty -- Prohibitions inapplicable to officers
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-- Promotion of respect for private property.
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(1) As used in this section:
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(a) "Division" means the Division of Wildlife Resources.
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(b) "Cultivated land" means h
LAND WHICH IS READILY IDENTIFIABLE AS
h :
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(i) land whose soil is loosened or broken up for the raising of crops;
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(ii) land used for the raising of crops; or
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(iii) pasturage which is artificially irrigated.
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[(b)] (c) "Permission" means written authorization from the owner or person in charge to
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enter upon private land that is either cultivated or properly posted, and must include:
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(i) the signature of the owner or person in charge;
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(ii) the name of the person being given permission;
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(iii) the appropriate dates; and
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(iv) a general description of the property.
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[(c)] (d) "Properly posted" means that "No Trespassing" signs or a minimum of 100 square
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inches of bright yellow, bright orange, or fluorescent paint are displayed at all corners, fishing
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streams crossing property lines, roads, gates, and rights-of-way entering the land. If metal fence
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posts are used, the entire exterior side must be painted.
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(2) (a) While taking wildlife or engaging in wildlife related activities, a person may not:
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(i) without the permission of the owner or person in charge, enter upon privately owned
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[and properly posted] land [of any other person, firm, or corporation] that is cultivated or properly
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posted;
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(ii) refuse to immediately leave the private land if requested to do so by the owner or
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person in charge; or
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(iii) obstruct any entrance or exit to private property.
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(b) "Hunting by permission cards" will be provided to landowners by the division upon
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request.
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(c) A person may not post:
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(i) private property he does not own or legally control; or
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(ii) land that is open to the public as provided by Section
23-21-4
.
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(3) (a) A person convicted of violating any provision of Subsection (2) may have his
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license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of
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the violation, revoked by a hearing officer.
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(b) A hearing officer may construe any subsequent conviction which occurs within a
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five-year period as a flagrant violation and may prohibit the person from obtaining a new license,
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tag, certificate of registration, or permit for a period of up to five years.
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(4) Subsection (2)(a) does not apply to peace or conservation officers in the performance
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of their duties.
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(5) (a) The division shall provide information regarding owners' rights and sportsmen's
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duties:
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(i) to anyone holding licenses, certificates of registration, tags, or permits to take wildlife;
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and
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(ii) by using the public media and other sources.
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(b) The restrictions in this section relating to trespassing shall be stated in all hunting and
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fishing proclamations issued by the Wildlife Board.
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(6) Any person who violates any provision of Subsection (2) is guilty of a class B
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misdemeanor.
Legislative Review Note
as of 12-28-99 4:25 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.