The Senate Judiciary recently heard testimony in support of a proposed change to Ohio’s criminal trespass laws. The “purple paint law” proposed by Sen. Bill Coley (R-Liberty Twp.) allows landowners to use purple paint to alert potential trespassers of property boundary lines. The purple paint would serve the same purpose as a “No Trespassing” sign by indicating that a person does not have permission to enter the property.
“It is often difficult for landowners, particularly owners who have large pieces of real estate, to maintain and replace their ‘No Trespassing’ signs on a regular basis,” Coley said. “This legislation amends Ohio’s criminal trespass law to allow purple paint to be a warning sign for trespassers.”
Ohio’s criminal trespass law establishes misdemeanor penalties for persons who knowingly or recklessly enter or remain on land of another without authorization from the landowner. The law allows a landowner to notify a potential intruder that access is prohibited in several ways: by actual communication, by fencing designed to restrict access, or by signage or posting in a manner reasonably calculated to come to the attention of potential intruders.
The proposed bill would clarify that “posting in a manner reasonably calculated to come to the attention of potential intruders” would include placing identifying purple paint marks on trees or posts around the property. The purple marks would have to be readily visible vertical lines at least eight inches long, with the bottom of the mark being at least three feet but no more than five feet from the base of the tree or post and no more than 25 yards from the next paint mark.
The mid-March committee hearing is the first for the bill. If the legislation eventually passes through the House and Senate, Ohio would join a dozen other states around the country in allowing purple paint to mark property boundary lines for trespassing purposes. Similar laws exist in West Virginia, Kansas, Arizona, Montana, Arkansas, Idaho, Florida, Maine, North Carolina, Missouri, Illinois and Texas.
Follow the proposed purple paint law, SB 76, here.