Bill Text: MI SB0789 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Recreation: other; purple paint marks designating a no trespassing area; allow. Amends secs. 73102, 73104 & 73105 of 1994 PA 451 (MCL 324.73102 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-11 - Referred To Committee On Natural Resources [SB0789 Detail]
Download: Michigan-2019-SB0789-Introduced.html
SENATE BILL NO. 789
February 11, 2020, Introduced by Senator
VANDERWALL and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 73102, 73104, and 73105 (MCL 324.73102, 324.73104, and 324.73105), section 73102 as amended by 1998 PA 546 and sections 73104 and 73105 as added by 1995 PA 58.
the people of the state of michigan enact:
Sec. 73102. (1) Except as provided in subsection (4), (3), a person shall not enter or remain upon the property of another person , other than farm property or a wooded area connected to farm property, to engage in any a recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent, if either any of the following circumstances exists: exist:
(a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.
(b) The property is posted in a conspicuous manner against entry . by 1 of the following means:
(i) By posting signs. The minimum letter height on the posting signs a posted sign shall be 1 inch. Each posting A posted sign shall be not less than 50 square inches. , and the The signs shall be spaced to enable a person an individual to observe not less than 1 sign at any point of entry upon the property.
(ii) By placing purple paint marks on trees or posts around the property.
(c) (2) Except as provided in subsection (4), a person shall not enter or remain upon The property is farm property or a wooded area connected to farm property. for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted.
(2) (3) On fenced or posted property or farm property, a A fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon fenced or posted property or farm property within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner.
(3) (4) A person An individual other than a person an individual possessing a firearm may, unless previously prohibited in writing or orally by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person individual shall not remain on the property beyond the reasonable time necessary to retrieve the dog. In an action under section 73109 or 73110, the burden of showing that the property owner or his or her lessee or agent previously prohibited entry under this subsection is on the plaintiff or prosecuting attorney, respectively.
(4) (5) Consent to enter or remain upon the property of another person pursuant to under this section may be given orally or in writing. The consent may establish conditions for entering or remaining upon that property. Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner or his or her lessee or agent requires all persons entering or remaining upon the property to have written consent, the presence of the person on the property without written consent is prima facie evidence of unlawful entry.
Sec. 73104. A person shall not remove, deface, or destroy a sign or poster that has been posted, pursuant to or a purple paint mark that has been placed on a tree or post, under this part.
Sec. 73105. A person shall not post a sign, or place a purple paint mark on a tree or post, on property owned by another person or enclose the property of another person to prohibit hunting, fishing, trapping, or other recreational activities on that property without the written permission of the owner of that property or his or her lessee or agent.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
