PRINTER'S NO. 1837
No. 1567 Session of 1989
INTRODUCED BY RUDY, MORRIS, NOYE, COLAIZZO, ARGALL, WOZNIAK,
CORRIGAN, HECKLER, TIGUE, FAIRCHILD, BARLEY, MELIO, TRELLO,
FARGO, HASAY, D. F. CLARK, ROBINSON, SCHEETZ, KASUNIC,
SERAFINI, B. SMITH, E. Z. TAYLOR, JOHNSON, FLICK AND BUNT,
MAY 30, 1989
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 30, 1989
AN ACT
1 Encouraging landowners to make their land and water resources
2 available to public recreation by limiting a landowner's
3 liability for injuries to persons on his property;
4 establishing a recreational trespass enforcement procedure;
5 and making repeals.
6 TABLE OF CONTENTS
7 Section 1. Short title.
8 Section 2. Definitions.
9 Section 3. Duty.
10 Section 4. Liability limited.
11 Section 5. Liability retained.
12 Section 6. Recreational trespass defined.
13 Section 7. Prohibited acts.
14 Section 8. Penalty.
15 Section 9. Enforcement procedure.
16 Section 10. Restitution.
17 Section 11. Punitive damages.
1 Section 12. Arrest without a warrant.
2 Section 13. Repeat violations.
3 Section 14. Failure to pay.
4 Section 15. Repeals.
5 Section 16. Effective date.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Private Lands
10 and Public Recreation Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Charge." An admission fee for permission to go upon the
16 land. The term does not include the sharing of game, fish or
17 other products of recreational use; benefits to or arising from
18 the recreational use; contributions in kind, services or cash
19 made to the sound conservation of the land; amounts paid as
20 fees, rents or purchase money or amounts otherwise paid to or
21 received by any governmental agency; or sums paid by private
22 individuals or associations where the aggregate of such sums for
23 comparable purposes does not exceed $1,000 per calendar year.
24 "Land." All real property, land and water and all
25 structures, fixtures, equipment and machinery thereon.
26 "Owner." An individual, legal entity or governmental agency
27 that has any ownership or security interest whatever or lease or
28 right of possession in land.
29 "Recreational trespass." Remaining on land for a
30 recreational use after being asked to leave by the owner, or the
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1 entry on land for a recreational use without the express or
2 implied consent of the owner.
3 "Recreational use." An activity undertaken for exercise,
4 education, relaxation or pleasure on land owned by another.
5 Section 3. Duty.
6 Except as provided in this act, an owner of land owes no duty
7 of care to anyone to keep his land safe for recreational use or
8 to give any general or specific warning respecting any natural
9 or artificial condition, structure, personal property or
10 activity thereon.
11 Section 4. Liability limited.
12 Except as provided in this act, an owner of land who directly
13 or indirectly invites or permits any person to enter his land
14 for recreational use, without charge, whether or not the land is
15 posted, does not thereby:
16 (1) Extend any assurance that the premises are safe for
17 any purpose.
18 (2) Confer upon such person the status of an invitee or
19 any other status requiring of the owner a duty of special or
20 reasonable care.
21 (3) Assume responsibility for or incur liability for any
22 injury to such person or property caused by any natural or
23 artificial condition, structure or personal property on the
24 premises.
25 (4) Assume responsibility for any damage or injury to
26 any other person or property caused by an act or omission of
27 such person.
28 Section 5. Liability retained.
29 Nothing in this act shall be construed to create liability,
30 but this act does not limit liability which would otherwise be
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1 incurred by those who use the land of others, or by owners of
2 land for:
3 (1) Malicious, but not mere negligent, failure to guard
4 or warn against an ultrahazardous condition, structure,
5 personal property or activity actually known to such owners
6 to be dangerous.
7 (2) Injury suffered by a person who has paid a charge
8 for entry to the land.
9 (3) Injury suffered by a child of not more than 12 years
10 of age on land in an urban or residential setting, if
11 liability would otherwise be imposed under the doctrine of
12 attractive nuisance.
13 Section 6. Recreational trespass defined.
14 It shall be prima facie evidence that a person is on land for
15 a recreational use if that person is on the land of another
16 without other explanation. The absence of posting shall not by
17 itself be sufficient to imply consent, but consent may be
18 implied if land is not posted and there are other indications of
19 consent, such as continuous and notorious acquiescence in public
20 recreational use of a similar kind. It shall be the obligation
21 of the recreational user to establish implied consent as an
22 affirmative defense. Consent shall not be implied if the land is
23 posted. For land to be posted, notice prohibiting all or special
24 kinds of trespass must be conspicuously placed so as to afford
25 reasonable opportunity for a conscientious person to detect it.
26 Proper posting may be established by evidence commensurate with
27 the circumstances. However, in any case, proof that posters are
28 placed at least once every 400 feet around the perimeter of the
29 land in question, or at least once for every 20 acres of land in
30 question, shall constitute prima facie evidence that such land
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1 is conspicuously posted; and proof that such notice has been
2 duly posted in a form likely to withstand the elements within
3 six months prior to the entry complained of shall constitute
4 prima facie evidence of posting.
5 Section 7. Prohibited acts.
6 The following acts are prohibited:
7 (1) Recreational trespass.
8 (2) The destruction or removal of any property of the
9 owner or vandalism of any sort while engaged in recreational
10 use of the land of another.
11 (3) Littering while engaged in recreational use of the
12 land of another.
13 (4) Failure to leave any gates, doors, fences,
14 roadblocks and obstacles or signs in the condition in which
15 they were found, while engaged in the recreational use of the
16 land of another.
17 Section 8. Penalty.
18 In addition to other penalties and remedies that may be
19 applicable, the penalty for violation of section 7 shall consist
20 of a civil forfeiture of not more than $100 plus costs and taxes
21 that may be applicable. A violation of each paragraph of section
22 7 shall be a separate offense. The maximum penalty permitted
23 hereunder shall be levied if the defendant fails either to pay
24 or honor any deposit specified in a citation or to appear to
25 contest a citation at the date, time and place specified in the
26 citation.
27 Section 9. Enforcement procedure.
28 Any local or State law enforcement officer may issue a
29 citation to a person believed with probable cause to have
30 violated section 7. The following procedures with respect
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1 thereto shall apply:
2 (1) The citation shall provide for the following:
3 (i) The name and address and hunting or fishing or
4 other recreational activity license number, if any, and
5 the date of birth of the alleged violator.
6 (ii) The name of the issuing law enforcement officer
7 and the name and address of his department.
8 (iii) The violations alleged to have been committed
9 by the defendant, with specific reference to the
10 paragraphs of section 7 involved and a brief description
11 of the activities alleged to be in violation.
12 (iv) The amount of the penalty or forfeiture payable
13 under section 8, together with costs and taxes that may
14 be applicable.
15 (v) A date, time and place for the defendant to
16 appear in court and notice to appear.
17 (vi) Provisions for a deposit and stipulation by the
18 defendant in lieu of a court appearance.
19 (vii) Notice that if the defendant makes a deposit
20 and signs the stipulation, or makes a deposit and fails
21 to appear in court at the time specified in the citation,
22 the defendant will be deemed to have tendered a plea of
23 no contest and submitted to a forfeiture in the amount of
24 the deposit.
25 (viii) Notice that if the defendant neither makes a
26 deposit nor appears in court at the time fixed in the
27 citation, the court may issue a summons or an arrest
28 warrant.
29 (ix) Any other pertinent information.
30 (2) (i) If a person is cited, such person may deposit,
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1 any time up to the date specified in the citation for
2 court appearance, the amount of money the enforcing
3 officer directs by mailing such deposit and a copy of the
4 citation to the office of the clerk of courts in the
5 county where the offense occurred, or by going to the
6 office of the clerk of courts.
7 (ii) The person receiving the deposit shall prepare
8 a receipt showing the purpose for which the deposit is
9 made, stating that the defendant may inquire at the
10 office of the clerk of courts regarding the disposition
11 of the deposit and notifying the defendant that if he
12 fails to appear in court at thee time fixed in the
13 citation, he will be deemed to have tendered a plea of no
14 contest and submitted to a forfeiture not to exceed the
15 amount of the deposit which the court may accept. The
16 receipt shall be delivered to the defendant in person or
17 by mail. If the defendant pays by check, such check shall
18 be considered a receipt.
19 (iii) The amount of the deposit shall be determined
20 in accordance with a deposit schedule which the judges of
21 each county respectively shall establish. The judges may,
22 from time to time, revise the schedule. In addition to
23 the basic amount determined according to the schedule,
24 the deposit shall include court costs and taxes if
25 applicable.
26 (3) (i) If a person is cited, such person may make a
27 deposit and stipulation of no contest and submit them in
28 the same manner as the deposit in paragraph (2). Such
29 deposit and stipulation of no contest may be made at any
30 time prior to the court appearance date. By signing the
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1 stipulation, the defendant is deemed to have tendered a
2 plea of no contest and submitted to a forfeiture plus
3 costs not to exceed the amount of the deposit. The
4 procedures respecting such deposit shall be as described
5 in paragraph (2).
6 (ii) The defendant may, within ten days after
7 signing the stipulation or at the time of the court
8 appearance date, move the court for relief from the
9 effects of the stipulation.
10 (4) The citation issued may serve as the initial
11 pleading and, notwithstanding any other provisions of the
12 statutes, shall be deemed adequate process to give the
13 appropriate court jurisdiction over the defendant upon the
14 filing of the citation with such court.
15 (5) The procedures to be followed before and at trial
16 and thereafter shall be as prescribed by law.
17 Section 10. Restitution.
18 A court to which any forfeiture or deposit is paid hereunder
19 may apply all or part of that amount paid over to the owner of
20 the land in question, if it concludes that justice would thereby
21 be served, as recompense to such owner for damages or attorney
22 fees or inconvenience suffered due to the violations of this act
23 that gave rise to the forfeiture or deposit. Such restitutionary
24 payment shall not prejudice or affect any other civil action
25 which such owner may have for such damages or inconvenience.
26 Section 11. Punitive damages.
27 A violation of section 7 shall be grounds for a civil action
28 in tort by the owner in question. It shall be proper in such an
29 action for reasonable punitive damages to be awarded.
30 Section 12. Arrest without a warrant.
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1 (a) Authority to arrest.--Any local or State law enforcement
2 officer may arrest a person without a warrant when the officer
3 has probable cause to believe that the person is committing or
4 has committed a violation of this act and:
5 (1) The person refuses to accept a citation or to make a
6 deposit.
7 (2) The person refuses to identify himself
8 satisfactorily or the officer has reasonable grounds to
9 believe that the person is supplying false identification.
10 (3) Arrest is necessary to prevent imminent bodily harm
11 to the enforcing officer or to another.
12 (b) Arraignment.--In all cases the officer shall bring the
13 person arrested before a judge without unnecessary delay.
14 Section 13. Repeat violations.
15 The maximum penalty assessable for any violation of this act
16 shall be doubled if the defendant has within one year prior to
17 such violation been convicted of or pleaded guilty or no contest
18 to a charge of any violation of this act.
19 Section 14. Failure to pay.
20 The maximum penalty assessable for any violation of this act
21 shall be multiplied ten times if the defendant has within three
22 years prior to such violation failed either to pay or honor any
23 deposit specified in a citation or to appear as specified to
24 contest a citation issued pursuant to this act.
25 Section 15. Repeals.
26 (a) Absolute.--The act of February 2, 1966 (1965 P.L.1860,
27 No.586), entitled "An act encouraging landowners to make land
28 and water areas available to the public for recreational
29 purposes by limiting liability in connection therewith, and
30 repealing certain acts," is repealed.
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1 (b) Inconsistent.--All other acts or parts of acts are
2 repealed insofar as they are inconsistent with this act.
3 Section 16. Effective date.
4 This act shall take effect in 90 days.
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