“Purple paint” law intended to discourage trespassing

Illinois landowners or lessees can mark trees or posts on their property with purple paint as a “no trespassing” notice.

The “Purple Paint Law”  – Senate Bill 1914 – was signed by Gov. Pat Quinn Aug. 22 and took effect immediately.

Until Jan. 1, 2013 landowners using purple marks must continue to issue a “no trespassing” notice either by oral or written notice to individuals or by posting appropriate signs.

Provisions of the new law require that the purple paint marks used to designate “no trespassing” notice must be either:

1. A vertical line of at least eight inches long. The bottom of the mark shall be between three to five feet high. Each mark shall be no more than 100 feet from another such mark and be readily visible to any person approaching the property.

Or

2. A post capped or otherwise marked on at least its top 2 inches. The bottom of the cap or mark shall be between three and five feet, 6 inches high. Posts should be no more than 36 feet apart and be readily visible to any person approaching the property. Prior to applying a cap or mark that is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees must agree to the decision to post their own property.

Trespassing definition
Trespassing on property marked for “no trespassing” is a Class B misdemeanor, except when a person trespasses using a motor vehicle if the marked area is an orchard; an enclosed area containing livestock; a barn or other agricultural building containing livestock; or a field that is used or capable of being used for growing crops. Such trespassing constitutes a Class A misdemeanor. 

No landowner or lessee is authorized to post purple marks if doing so would violate any applicable law, rule, ordinance, order, covenant, bylaw, declaration, regulation, restriction, contract, or other instrument.

The new “Purple Paint Law” does not apply to real property located in a municipality of over 2,000,000 inhabitants.

Visit http://www.dnr.illinois.gov/hunting/Pages/PublicAct97-0477.aspx