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DOES ANYONE KNOW THE PROPER LAWS BEHIND PUTTIN UP POSTED SIGNS HERE IN PA? distance? hanging (flat on boards or jst staped to trees) thanks
 

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some here will tell you the signs just have to inform the people that they are not welcome on your property. If you really want to know about "legal" signs contact the local magistrate in the area of your property and get the magistrates opinion. They sometimes find convienant ways of "disposing" of an arrest without finding someone guilty.
 

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I was talking to a retired police chief friend of mine and he said he believes there is case law on such. I asked if he could get it for me.
It doesn't matter what the DJ's opinion is, if they want to find you not guilty they will etc....they don't have to provide an explaination.
I am trying to find the law regarding such, I will post as soon as I do. It is Title 18 PA CRIMES CODE Section 3503, there are several subsections.
 

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you don't have to have your land posted to get someone for trust passing....if you catch them on your land you can have them worned by the police the second time you catch them is a fine up to $500.00.the signs are just a worning to the person.if you don't owne the land your requried to get permission before entering.
 

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one-and-done said:
you don't have to have your land posted to get someone for trust passing....if you catch them on your land you can have them worned by the police the second time you catch them is a fine up to $500.00.the signs are just a worning to the person.if you don't owne the land your requried to get permission before entering.
BINGO

Signs do not need to be signed... they dont even have to be put up.....everyone who owns a property be it a postage stamp size or 1,000 acres or more...it is Private Property and others have to have permission to be on it...

Signs are just a warning....but they do not need to be there!
 

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§ 3503. Criminal trespass.
(a) Buildings and occupied structures.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he:
(i) enters, gains entry by subterfuge or
surreptitiously remains in any building or occupied
structure or separately secured or occupied portion
thereof; or
(ii) breaks into any building or occupied structure
or separately secured or occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the
third degree, and an offense under paragraph (1)(ii) is a
felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking,
intimidation, unauthorized opening of locks, or through
an opening not designed for human access.
(b) Defiant trespasser.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place as to which notice against trespass is given by:
(i) actual communication to the actor;
(ii) posting in a manner prescribed by law or
reasonably likely to come to the attention of intruders;
(iii) fencing or other enclosure manifestly designed
to exclude intruders;
(iv) notices posted in a manner prescribed by law or
reasonably likely to come to the person's attention at
each entrance of school grounds that visitors are
prohibited without authorization from a designated
school, center or program official; or
(v) an actual communication to the actor to leave
school grounds as communicated by a school, center or
program official, employee or agent or a law enforcement
officer.
(2) Except as provided in paragraph (1)(v), an offense
under this subsection constitutes a misdemeanor of the third
degree if the offender defies an order to leave personally
communicated to him by the owner of the premises or other
authorized person. An offense under paragraph (1)(v)
constitutes a misdemeanor of the first degree. Otherwise it
is a summary offense.
(b.1) Simple trespasser.--
(1) A person commits an offense if, knowing that he is
not licensed or privileged to do so, he enters or remains in
any place for the purpose of:
(i) threatening or terrorizing the owner or occupant
of the premises;
(ii) starting or causing to be started any fire upon
the premises; or
(iii) defacing or damaging the premises.
(2) An offense under this subsection constitutes a
summary offense.
(b.2) Agricultural trespasser.--
(1) A person commits an offense if knowing that he is
not licensed or privileged to do so he:
(i) enters or remains on any agricultural or other
open lands when such lands are posted in a manner
prescribed by law or reasonably likely to come to the
person's attention or are fenced or enclosed in a manner
manifestly designed to exclude trespassers or to confine
domestic animals; or
(ii) enters or remains on any agricultural or other
open lands and defies an order not to enter or to leave
that has been personally communicated to him by the owner
of the lands or other authorized person.
(2) An offense under this subsection shall be graded as
follows:
(i) An offense under paragraph (1)(i) constitutes a
misdemeanor of the third degree and is punishable by
imprisonment for a term of not more than one year and a
fine of not less than $250.
(ii) An offense under paragraph (1)(ii) constitutes
a misdemeanor of the second degree and is punishable by
imprisonment for a term of not more than two years and a
fine of not less than $500 nor more than $5,000.
(3) For the purposes of this subsection, the phrase
"agricultural or other open lands" shall mean any land on
which agricultural activity or farming as defined in section
3309 (relating to agricultural vandalism) is conducted or any
land populated by forest trees of any size and capable of
producing timber or other wood products or any other land in
an agricultural security area as defined in the act of June
30, 1981 (P.L.128, No.43), known as the Agricultural Area
Security Law, or any area zoned for agricultural use.
(c) Defenses.--It is a defense to prosecution under this
section that:
(1) a building or occupied structure involved in an
offense under subsection (a) of this section was abandoned;
(2) the premises were at the time open to members of the
public and the actor complied with all lawful conditions
imposed on access to or remaining in the premises; or
(3) the actor reasonably believed that the owner of the
premises, or other person empowered to license access
thereto, would have licensed him to enter or remain.
(d) Definition.--As used in this section, the term "school
grounds" means any building of or grounds of any elementary or
secondary publicly funded educational institution, any
elementary or secondary private school licensed by the
Department of Education, any elementary or secondary parochial
school, any certified day-care center or any licensed preschool
program.
(June 23, 1978, P.L.497, No.76, eff. 60 days; Oct. 27, 1995,
P.L.334, No.53, eff. 60 days; Dec. 3, 1998, P.L.933, No.121,
eff. imd.; Oct. 2, 2002, P.L.806, No.116, eff. imd.)
 

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I also believe a LEGAL document to the violator stating they are not permitted on the land must be sent to them.
Like we have said numerous time on here PA is the most LAME state in terms of trespassing....a year or two of cracking down would do alot of good.....WV, NY, MD one caught trespassing is arrested on the spot, come to think of it this would be an excellent job for PA sheriffs since they aren't allowed to do much of anything due to 'the law'.
 

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Its just absolutely amazes me how people from Pennsylvania believe that private property is only private if it is posted! I really want to understand how this particular belief has become so entrench in the minds of the average Pennsylvania hunter. It has almost become laughable how some will argue that they are permitted to trespass unless you have spend countless hours and expense to outline your property line with a yellow dotted line with the words “Posted” clearly printed on it. This goes hand in hand with the belief that utility right of ways such as power lines and gas lines are public property. Were in the world did this stuff get its start ??? Really, I want to know !

Ok … I feel better now.

Timber
 

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yep....ALL land is PRIVATE, unless posted PUBLIC ...
 

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I talked to a coworker about this just this morning. He swears that one of the instructors at his sons HTE course told the kids that if someone posts his property "no hunting" then the owner himself isn't allowed to hunt there. I told him that is completely false. He also was one of those guys who thought that if posted signs aren't "signed", then they don't have to be honored. I gave him the facts, and he genuinly(sp) seemed amazed. He's also a little better educated on how things really work.
 

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quackmaster4 said:
I talked to a coworker about this just this morning. He swears that one of the instructors at his sons HTE course told the kids that if someone posts his property "no hunting" then the owner himself isn't allowed to hunt there. I told him that is completely false. He also was one of those guys who thought that if posted signs aren't "signed", then they don't have to be honored. I gave him the facts, and he genuinly(sp) seemed amazed. He's also a little better educated on how things really work.
This is retarded. No offense. If it's your property you can do anything you want within the law.
 

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timberghostacres said:
Its just absolutely amazes me how people from Pennsylvania believe that private property is only private if it is posted! I really want to understand how this particular belief has become so entrench in the minds of the average Pennsylvania hunter. It has almost become laughable how some will argue that they are permitted to trespass unless you have spend countless hours and expense to outline your property line with a yellow dotted line with the words “Posted” clearly printed on it. This goes hand in hand with the belief that utility right of ways such as power lines and gas lines are public property. Were in the world did this stuff get its start ??? Really, I want to know !

Ok … I feel better now.

Timber
Amen. I don't get it either.
 

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Had new owners come down and put posted signs on our property last year. Ripped them off and threw them on their side. We don't own more than 3.5 acres,But if they come down and try that again this year.There will be problems. We don't hunt out back anyway,so what we will do is put feeders up and call the PGC and have him come down and inform the new neighbors they won't be hunting their property this year.
 

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private property does not need signs on it.... you are tresspassing regardless if you do not have permission
 

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speedstick said:
Had new owners come down and put posted signs on our property last year. Ripped them off and threw them on their side. We don't own more than 3.5 acres,But if they come down and try that again this year.There will be problems. We don't hunt out back anyway,so what we will do is put feeders up and call the PGC and have him come down and inform the new neighbors they won't be hunting their property this year.
will not work for you if the neighbors hunts and you put up a feeder so he can't.i been down that road..... i had some land i hunted and had a stand about 20 yards of the property line. the other owner didn't want me killing the deer so they places a x/mas reath on the fence and ran a extention cord for like 400 yards from there barn and everytime i got in my stand they would plug it in and it would start playing jingle bells. then a few days later the other owner pulled a shot gun on me since i wouldn't leave so i called the cops and they called pgc in. like 5 days after that i came back in and there was a feeder there filled with corn i called the wardon that came out a few days before that and he came and told me to go ahead and hunt he new what the deal was and i ended up killing a 152in 10 point that week.
 

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What I posted is law from Title 18 PA CRIMES CODE.....regardless of what is said on here it is the law...obviously people haven't read my earlier post......I'm not defending posted property nor am I defending trespassers......it is what it is!
 

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I realize this is a little off the Trespass topic post, but it still deals with law issues.

As you say, it is THE law. However, one thing that I have noticed about a few of the guys (not all!) on here(HPA)... they tend to pick and choose which laws they want to follow. And, I am not just talking about this Trespass section of Title 18 but also about the Game Law, Forestry, Fish and Boat, the Vehicle Code and all the Regs , also.

Heck- in a posting in the Archery Forum some guys were ranting about killing snakes that they come across in the field, even after someone cited a section of Fish and Boat Code that makes it illegal to do so. Their main justification seemed to be - that they hate snakes. They don't care that it is illegal. They don't care that it is environmentally and ecologically unsound. Another post had guys justifying the illegal use of dogs to trail archery wounded deer. Yet another had a guy not only justifying illegal dual state residency, but trying to teach a newbie how to do the same thing!?!? And, some people wonder why I am concerned... LOL

Ok... got that out of my system... sigh

In getting back to posting Trespass signs, IMHO, I think that some of everyone's observations are right and the law is a fickle thing. Anything can affect it: the trespasser(may cut a deal), the LEO(may lose the case), the Judge(may cut a break), the newspaper that prints the names of the defendants(may not print it), etc.

So, go ahead Dayton_Boy13: Post those signs high. Post em low. Post yellow ones. Post white ones. Sign em. Don't sign em. Patrol your land. Get someone else to patrol it. Get the local Judge's opinion. Get the LEO's opinion.

None of that matters one bit if the land owner doesn't do something more! You have to find the trespassers. You have to catch them. You have to prosecute them. And, win or lose, the word WILL get around and your problems should decrease. Does this make sense?

I know that the original question had to do with requirements for proper posting... but, other than my lil ramble, my comments seem on point to me. And, even though I've only been posting on here a short time I can't think of a better group of guys to hangout, share and argue with. Thank you.
 

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sdwlucas said:
What I posted is law from Title 18 PA CRIMES CODE.....regardless of what is said on here it is the law...obviously people haven't read my earlier post......I'm not defending posted property nor am I defending trespassers......it is what it is!
Didn't Bill Cower make that line famous . . . It is what it is.
 
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