Introduced Version
Senate Bill 446 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 446
(By Senator Caldwell)
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[Introduced February 4, 2004; referred to the Committee on
Natural Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §20-2-8 of the code of West Virginia,
1931, as amended; and to amend and reenact §61-3B-3
of said
code, all relating to prohibiting spiking, nailing, stapling
or otherwise fastening signs or placards to trees to provide
notice not to trespass or not to hunt, fish or trap; and
providing in lieu of the use of signs or placards that certain
colors of paint be used on trees as a color code to
communicate no trespassing or no hunting, fishing or trapping.
Be it enacted by the Legislature of West Virginia:
That §20-2-8
of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that §61-3B-3
of said code be amended
and reenacted, all to read as follows:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-8. Posting unenclosed lands; hunting, etc, on posted land.
The owner, lessee or other person entitled to possession of
unenclosed lands may have erected and maintained signs or placards legibly printed, easily discernible, conspicuously posted and
reasonably spaced, so as to indicate the territory in which
hunting, trapping or fishing is prohibited: Provided, That no
person may erect or maintain any sign or placard which is spiked,
nailed, stapled or otherwise fastened to a tree. A person entitled
to possession of unenclosed lands, however, may use orange colored
paint, as a color-coded designation, to mark trees for the purpose
of conspicuously conveying a prohibition against hunting, trapping
or fishing on the unenclosed land.
Any person who enters upon the unenclosed lands of another
which have been lawfully posted, for the purpose of hunting,
trapping or fishing, shall be guilty of a misdemeanor. The
officers charged with the enforcement of the provisions of this
chapter shall have the duty to enforce the provisions of this
section if requested to do so by such owner, lessee, person or
agent, but not otherwise.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 3B. TRESPASS.
§61-3B-3. Trespass on property other than structure or
conveyance.
(a) Any person who knowingly and without being authorized,
licensed or invited, enters or remains on any property, other than
a structure or conveyance, as to which notice against entering or
remaining is either given by actual communication to such person or
by posting, fencing or cultivation, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars. In the event notice is given by posting,
the posting of any sign or placard may not include spiking,
nailing, stapling or otherwise fastening the sign or placard to a
tree. A person entitled to possession of unenclosed lands,
however, may use red colored paint, as a color-coded designation,
to mark trees for the purpose of conspicuously conveying a
prohibition against entering on the unenclosed land.
(b) If the offender defies an order to leave, personally
communicated to him or her by the owner, tenant or agent of such
owner or tenant, or if the offender opens any door, fence or gate,
and thereby exposes animals, crops or other property to waste,
destruction or freedom, or causes any damage to property by such
trespassing on property other than a structure or conveyance, he or
she shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one hundred dollars nor more than five
hundred dollars or imprisoned in the county jail for a period not
to exceed six months, or both such fine and imprisonment.
(c) If the offender is armed with a firearm or other dangerous
weapon with the unlawful and felonious intent to do bodily injury
to a human being during his or her commission of the offense of
trespass on property other than a structure or conveyance, such
offender shall, notwithstanding the provisions of section one,
article seven, chapter sixty-one of this code, be guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county jail for a term not to exceed six months, or fined not more
than one hundred dollars, or both such fine and imprisonment.
(d) Notwithstanding and in addition to any other penalties
provided by law, any person who performs or causes damage to
property in the course of a willful trespass shall be liable to the
property owner in the amount of twice the amount of such damage:
Provided, That the provisions of this article shall not apply in a
labor dispute.
NOTE: The purpose of this bill is to
prohibit spiking,
nailing, stapling or otherwise fastening signs or placards to trees
to provide notice not to trespass or not to hunt, fish or trap.
The bill provides in substitution of the use of signs or placards,
that certain colors of paint may be used on trees as a color code
to communicate no trespassing or no hunting, fishing or trapping.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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