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Trespassing Clarification
- Thread starter DMason135
- Start date
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LdiJ
Senior Member
I would think that it would. I think that you may be getting conflicting answers from law enforcement because the law does not get that specific.
PayrollHRGuy
Senior Member
Trespass in the first degree--penalty.
569.140. 1. A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
2. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner reasonably likely to come to the attention of intruders.
3. The offense of trespass in the first degree is a class B misdemeanor.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Streams and rivers, no civil liability for adjoining landowners, when, 258.200
Posting of property against trespassers,purple paint used to mark streets and posts, requirements.
569.145. In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(1) A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than one hundred feet apart and shall be readily visible to any person approaching the property; or
(2) A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than thirty-six feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
Posting in such a manner shall be found to be reasonably likely to come to the attention of intruders for the purposes of section 569.140.
(L. 1993 S.B. 84, A.L. 2009 S.B. 398, A.L. 2014 S.B. 491)
Effective 1-01-17
Trespass in the second degree--penalty.
569.150. 1. A person commits trespass in the second degree if he or she enters unlawfully upon real property of another. This is an offense of absolute liability.
2. Trespass in the second degree is an infraction.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Streams and rivers, no civil liability for adjoining landowners, when, 258.200
569.140. 1. A person commits the offense of trespass in the first degree if he or she knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.
2. A person does not commit the offense of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner reasonably likely to come to the attention of intruders.
3. The offense of trespass in the first degree is a class B misdemeanor.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Streams and rivers, no civil liability for adjoining landowners, when, 258.200
Posting of property against trespassers,purple paint used to mark streets and posts, requirements.
569.145. In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:
(1) A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than one hundred feet apart and shall be readily visible to any person approaching the property; or
(2) A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than thirty-six feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.
Posting in such a manner shall be found to be reasonably likely to come to the attention of intruders for the purposes of section 569.140.
(L. 1993 S.B. 84, A.L. 2009 S.B. 398, A.L. 2014 S.B. 491)
Effective 1-01-17
Trespass in the second degree--penalty.
569.150. 1. A person commits trespass in the second degree if he or she enters unlawfully upon real property of another. This is an offense of absolute liability.
2. Trespass in the second degree is an infraction.
(L. 1977 S.B. 60, A.L. 2014 S.B. 491)
Effective 1-01-17
CROSS REFERENCE:
Streams and rivers, no civil liability for adjoining landowners, when, 258.200
LdiJ
Senior Member
See, that is exactly what I was talking about. The law is very specific about some things, but it does not give one the exact words to post. Therefore, a do not enter sign could be construed to be proper notice.
Zigner
Senior Member, Non-Attorney
Why does it matter? If you are the one posting the sign, why not just post one that says "No Trespassing" or even both - "KEEP OUT! NO TRESPASSING!"
Because a lady in the neighborhood came into my fence and got nipped by a Chihuahua when she reached down to pet him; 8 days later she went to the hospital to get the scratch checked out and animal control is all over me, I'm trying to find out if she was legally I'm trying to find out if she was legally trespassing
Zigner
Senior Member, Non-Attorney
What was the lady doing?
She occasionally walks down the road and throws food into everyones yard, I've told her not to but not a whole lot i can do about it. This time i guess she decided to come knock on the door, before she ever got there she reached down to pet one of the barking dogs and got nipped. I'm not worried about animal control so much; This is a strange lady and I'm not sure how to go about preventing further issues, can't do a restraining order obviously.
FlyingRon
Senior Member
"DO NOT ENTER" sounds more like a traffic control sign than something to forestall pedestrian trespassing. I wouldn't want to base my entire defense on this.
However, the fact you verbally told her to stay away and stop throwing food to the dogs is more likely a better defense.
However, the fact you verbally told her to stay away and stop throwing food to the dogs is more likely a better defense.
Zigner
Senior Member, Non-Attorney
I read it that he's told her not to throw food to the animals, not that he's told her to stay away...
Ohiogal
Queen Bee
Not if it is only one on ONE entrance and the people are trespassing by entering from a walk in the woods for instance -- rather than coming in through the front gate. Hence NO TRESPASSING signs should be at every border on several different points.
LdiJ
Senior Member
Oh yeah, I do agree with that. I had it pictured in my mind that his entire yard, both front and back, was fenced with one entrance, but there obviously could be more.