Includes the protrusion of personal property, plants and trees, and water from hoses and sprinklers onto another person's premises within the violation of trespass.
TITLE OF BILL: An act to amend the penal law, in relation to trespass
PURPOSE: Correlates to neighbors acting in good faith and upholding the cleanliness of a neighboring property. Defines protrusion of property and what constitutes it.
SUMMARY OF PROVISIONS: Section 1 amends Section 140.05 of the Penal law, entitled Burglary and Related Offenses.
Section 2 specifies the active date.
JUSTIFICATION: The value of a neighboring home, or neighborhood, can be affected by the detrimental effects of a neighbor or multiple residents in the community who fail to clean up external factors knowingly disturbing their adjacent neighbor' or the community as a whole. For example, the owner of an oak tree can knowingly have a branch resting on an adjacent neighbor's home, whereby endangering and putting in peril the adjacent neighbor's foundation. This can also apply to the weight of a tree branch on a neighbor's fence. The perceived result of a break or crack within the fence caused by the neighbor's negligence to have the tree branch removed will cause physical harm to a neighboring property.
Included in this bill are bushes, shrubs and other plant life, which can certainly do as much harm to a neighboring property should the owner of the plant life in question fail to rectify the problem. In addition, spraying water from a hose, sprinkler or other device in or among the premises of another will be constituted as trespassing for the act of negligence and carelessness warrants a nominal fine. The goal of the bill is for neighbors to resolve differences civilly without the need of governmental interference.
LEGISLATIVE HISTORY: 2012: S. 3951 - Referred to Codes
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3395 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to trespass THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 140.05 of the penal law, as amended by chapter 307 of the laws of 1971, is amended to read as follows: S 140.05. Trespass. A person is guilty of trespass when he knowingly: A. enters or remains unlawfully in or upon premises; OR B. PERMITS THE PROTRUSION OF: I. PERSONAL PROPERTY; II. A TREE, BUSH, SHRUB OR OTHER PLANTLIFE; OR III. WATER FROM A HOSE, SPRINKLER OR OTHER DEVICE IN OR UPON THE PREM- ISES OF ANOTHER. Trespass is a violation. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01065-01-3