dholly
Platinum Member
If you are uneasy about direct confrontation with trespassers or are dealing with repeat violators, you may want to involve your local law enforcement officers, assuming they are available. Our experience is that many trespassers, when kindly asked to leave by the landowner (gun toting or not) continue their inconsiderate ways, but will respect property lines rather quickly when the local law becomes involved and threaten incarceration and fines.
During hunting season we also utilized NYS DEC Environmental Conservation Officers in conjunction with local police. ECO's are the persons in the field responsible for the enforcement of the environmental laws and [hunting] regulations of New York and for the detection and investigation of suspected violations. The 300 ECO's and Investigators in NYS work out of their homes and patrol an area in most cases about the size the county in which they are located (I believe your county is served by NYS DEC Region 8 Avon Office 585-226-6706).
When the ECO's are on patrol you may contact them through DEC dispatch by dialing 1-877-457-5680 and follow the menu which allows you to talk to a dispatcher or leave a message on the officers voice mail. If you are unable to contact an officer to report a serious on-going crime, call the nearest police department immediately. The New York State Police and some local law enforcement agencies are able to contact Environmental Conservation Officers via their police radios.
When a violation is observed, the DEC recommends:
* Keep a distance from the violator.
* Do not approach or attempt to confront the suspects.
They may be dangerous, could destroy evidence or simply evade the officers if forewarned. Write everything down. Make notes on what the trespassers, poachers or polluters are doing. Unless you are properly trained and prepared to use deadly force, leaving the enforcement actions to the LEO's seems advisable. You just never know when someone will go Postal and you certainly don't want it to happen when they are armed, intoxicated, a combo of both, etc.
With regard to Posting your property properly, the posting of signs is a tool found in the Environmental Conservation Law that landowners can use to make their wishes plainly known to those who seek to use their land. However, you must follow the landowner requirements. The posting law specifies the maximum distance between signs (660 ft.), the minimum size of the signs (11 inches square) and the area covered by the printing (80 sq. inches). The signs should be placed close enough together to be seen and at a height that is easily visible. Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained. Posted signs must have the name and address of the person authorized to post the property.
In NYS, there is no requirement that signs be "seen" and, in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up. To be legally posted, the law simply requires it to be posted with signs and checked once a year by the person posting it. Even if the signs are torn down or fall off due to deterioration, it doesn't matter, legally it is still posted.
Additionally, The New York State Penal Law makes it an offense to enter any land without permission unless it is apparently unimproved and unused. The general trespassing on improved lands clause written in the Penal Law says "Improved Lands" are any lands that have been altered in such a way by man so that they are not "wild." This can be (but is not limited to) mowing of grass/brush hogging, farming (i.e. plowing fields and growing crops), re-grading, etc. Therefore, if possible, clearing a few trees or brush hogging along your property lines might be advisable as well.
During hunting season we also utilized NYS DEC Environmental Conservation Officers in conjunction with local police. ECO's are the persons in the field responsible for the enforcement of the environmental laws and [hunting] regulations of New York and for the detection and investigation of suspected violations. The 300 ECO's and Investigators in NYS work out of their homes and patrol an area in most cases about the size the county in which they are located (I believe your county is served by NYS DEC Region 8 Avon Office 585-226-6706).
When the ECO's are on patrol you may contact them through DEC dispatch by dialing 1-877-457-5680 and follow the menu which allows you to talk to a dispatcher or leave a message on the officers voice mail. If you are unable to contact an officer to report a serious on-going crime, call the nearest police department immediately. The New York State Police and some local law enforcement agencies are able to contact Environmental Conservation Officers via their police radios.
When a violation is observed, the DEC recommends:
* Keep a distance from the violator.
* Do not approach or attempt to confront the suspects.
They may be dangerous, could destroy evidence or simply evade the officers if forewarned. Write everything down. Make notes on what the trespassers, poachers or polluters are doing. Unless you are properly trained and prepared to use deadly force, leaving the enforcement actions to the LEO's seems advisable. You just never know when someone will go Postal and you certainly don't want it to happen when they are armed, intoxicated, a combo of both, etc.
With regard to Posting your property properly, the posting of signs is a tool found in the Environmental Conservation Law that landowners can use to make their wishes plainly known to those who seek to use their land. However, you must follow the landowner requirements. The posting law specifies the maximum distance between signs (660 ft.), the minimum size of the signs (11 inches square) and the area covered by the printing (80 sq. inches). The signs should be placed close enough together to be seen and at a height that is easily visible. Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained. Posted signs must have the name and address of the person authorized to post the property.
In NYS, there is no requirement that signs be "seen" and, in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up. To be legally posted, the law simply requires it to be posted with signs and checked once a year by the person posting it. Even if the signs are torn down or fall off due to deterioration, it doesn't matter, legally it is still posted.
Additionally, The New York State Penal Law makes it an offense to enter any land without permission unless it is apparently unimproved and unused. The general trespassing on improved lands clause written in the Penal Law says "Improved Lands" are any lands that have been altered in such a way by man so that they are not "wild." This can be (but is not limited to) mowing of grass/brush hogging, farming (i.e. plowing fields and growing crops), re-grading, etc. Therefore, if possible, clearing a few trees or brush hogging along your property lines might be advisable as well.
) the wife was cleaning her atv up. & I scared the bajebers out of her as she wasn't looking for someone walking up behind her lol. she was very appoligetic and said she / they had only gotten them that day. I never saw them have them before so I figured it was a new toy. we spoke for a good 30 min and I gave them permision to ride on the trails when it wasn't muddy/messy and that they had to help maintain them. only those 2 no others which she & he readly agreed to. they are good people and the atvs will help keep some of the weeds down on the trails too boot. also it should keep some of the deer scared out that have been tearing the heck out of my trees /forums/images/graemlins/mad.gif though this years ice storms have made it worse as what was once pretty nice trails are now nearly inpossable to pass though on. out of 6 or 8 spots to get into the woods only 2 can be passed by atv & only 1 by tractor. /forums/images/graemlins/frown.gif