PRINTER'S NO. 512
No. 453 Session of 1991
INTRODUCED BY RUDY, STAIRS, HERSHEY, D. R. WRIGHT, NOYE, NAILOR,
NICKOL, ARGALL, OLASZ, PRESTON, B. SMITH, E. Z. TAYLOR,
KASUNIC, SCHEETZ, CAPPABIANCA, SEMMEL, JAMES, SERAFINI,
BATTISTO, STURLA, BELARDI, FARGO, PESCI, JOSEPHS, ANGSTADT,
CARONE, STABACK, STEIGHNER, GEIST, BARLEY, TIGUE, HECKLER,
TRELLO, JAROLIN, JOHNSON, BUSH, BILLOW, G. SNYDER, HALUSKA,
BELFANTI, HANNA AND SCHULER, MARCH 11, 1991
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MARCH 11, 1991
AN ACT
1 Reenacting and amending the act of February 2, 1966 (1965
2 P.L.1860, No.586), entitled "An act encouraging landowners to
3 make land and water areas available to the public for
4 recreational purposes by limiting liability in connection
5 therewith, and repealing certain acts," further providing for
6 the liability of a landowner and for the duty of a landowner;
7 providing for recreational trespass; providing for damages
8 for recreational trespass; and imposing penalties.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title and sections 1, 2, 3, 4, 5, 6 and 7 of
12 the act of February 2, 1966 (1965 P.L.1860, No.586), entitled
13 "An act encouraging landowners to make land and water areas
14 available to the public for recreational purposes by limiting
15 liability in connection therewith, and repealing certain acts,"
16 are reenacted and amended to read:
17 AN ACT
18 Encouraging landowners to make land and water areas available to
1 the public for recreational purposes by limiting liability in
2 connection therewith[,]; providing for recreational trespass
3 and for damages and penalties for recreational trespass; and
4 repealing certain acts.
5 Section 1. The purpose of this act is to encourage owners of
6 land to make land and water areas available to the public for
7 recreational purposes by limiting their liability toward persons
8 entering thereon for such purposes.
9 Section 2. As used in this act:
10 [(1) "Land" means land, roads, water, watercourses, private
11 ways and buildings, structures and machinery or equipment when
12 attached to the realty.
13 (2) "Owner" means the possessor of a fee interest, a tenant,
14 lessee, occupant or person in control of the premises.
15 (3) "Recreational purpose" includes, but is not limited to,
16 any of the following, or any combination thereof: hunting,
17 fishing, swimming, boating, camping, picnicking, hiking,
18 pleasure driving, nature study, water skiing, water sports and
19 viewing or enjoying historical, archaeological, scenic, or
20 scientific sites.
21 (4) "Charge" means the admission price or fee asked in
22 return for invitation or permission to enter or go upon the
23 land.]
24 "Actual cost of maintaining the land for recreational use"
25 means sums actually expended by an owner to maintain land for
26 recreational use, including, but not limited to, erection and
27 maintenance of wildlife habitat, payment of insurance premiums,
28 the cost of making repairs to personal property damaged by
29 recreational users, and other expenses reasonably related to the
30 foregoing.
19910H0453B0512 - 2 -
1 "Charge" means an admission fee for permission to go upon the
2 land. The term does not include the sharing of game, fish or
3 other products of recreational use; benefits to or arising from
4 the recreational use; contributions in kind, services or cash
5 made to the sound conservation of the land; amounts paid as
6 fees, rents or purchase money or amounts otherwise paid to or
7 received by any governmental agency; or sums paid by private
8 individuals or associations where the aggregate of such sums for
9 comparable purposes does not exceed the actual cost of
10 maintaining the land for recreational use calculated on a
11 calendar year basis.
12 "Land" means all real property, land and water and all
13 structures, fixtures, equipment and machinery thereon.
14 "Malicious" means intentional and wrongful, with an intent to
15 inflict injury.
16 "Owner" means an individual, legal entity or governmental
17 agency that has any ownership or security interest whatever or
18 lease or right of possession in land.
19 "Recreational trespass" means remaining on land for a
20 recreational use after being asked to leave by the owner, or the
21 entry on land for a recreational use without the express or
22 implied consent of the owner.
23 "Recreational use" means an activity undertaken for exercise,
24 education, relaxation or pleasure on land owned by another.
25 Section 3. [Except as specifically recognized or provided in
26 section 6 of this act, an owner of land owes no duty of care to
27 keep the premises safe for entry or use by others for
28 recreational purposes, or to give any warning of a dangerous
29 condition, use, structure, or activity on such premises to
30 persons entering for such purposes.] Except as provided in this
19910H0453B0512 - 3 -
1 act, an owner of land owes no duty of care to anyone to keep his
2 land safe for recreational use, to inspect his land for actual
3 or potential dangerous conditions or to give any general or
4 specific warning respecting any natural or artificial condition,
5 structure, personal property or activity thereon.
6 Section 4. Except as [specifically recognized by or provided
7 in section 6 of] provided in this act, an owner of land who
8 either directly or indirectly invites or permits without charge
9 any person to [use such property for recreational purposes]
10 enter his property for recreational use does not thereby:
11 (1) Extend any assurance that the premises are safe for any
12 purpose.
13 (2) Confer upon such person the legal status of an invitee
14 or [licensee to whom a duty of care is owed.] the status of an
15 invitee or any other status requiring of the owner a duty of
16 special or reasonable care.
17 (3) Assume responsibility for or incur liability for any
18 injury to such person or property caused by any natural or
19 artificial condition, structure or personal property, including
20 domestic animals, on the premises.
21 [(3)] (4) Assume responsibility for [or incur liability for
22 any injury to] any damage or injury to other persons or property
23 caused by an act of omission of such persons.
24 Section 5. Unless otherwise agreed in writing, the
25 provisions of sections 3 and 4 of this act shall be deemed
26 applicable to the duties and liability of an owner of land
27 leased to the State or any subdivision thereof for recreational
28 purposes.
29 Section 6. Nothing in this act limits in any way any
30 liability which otherwise exists:
19910H0453B0512 - 4 -
1 (1) For [wilful or] malicious failure to guard or warn
2 against a dangerous condition, use, structure, or activity.
3 (2) For injury suffered in any case where the owner of land
4 charges the person or persons who enter or go on the land for
5 the recreational use thereof, except that in the case of land
6 leased to the State or a subdivision thereof, any consideration
7 received by the owner for such lease shall not be deemed a
8 charge within the meaning of its section.
9 (3) Injury suffered by a child of not more than 12 years of
10 age on land in an urban or residential setting, if liability
11 would otherwise be imposed under the doctrine of attractive
12 nuisance.
13 Section 7. Nothing in this act shall be construed to:
14 (1) Create a duty of care or ground of liability for injury
15 to persons or property.
16 (2) Relieve any person using the land of another for
17 recreational purposes from any obligation which he may have in
18 the absence of this act to exercise care in his use of such land
19 and in his activities thereon, or from the legal consequences of
20 failure to employ such care.
21 Section 2. The act is amended by adding sections to read:
22 Section 7.1. It shall be prima facie evidence that a person
23 is on land for a recreational use if that person is on the land
24 of another without other explanation. The absence of posting
25 shall not by itself be sufficient to imply consent, but consent
26 may be implied if land is not posted and there are other
27 indications of consent, such as continuous and notorious
28 acquiescence in public recreational use of a similar kind. It
29 shall be the obligation of the recreational user to establish
30 implied consent as an affirmative defense. Consent shall not be
19910H0453B0512 - 5 -
1 implied if the land is posted. For land to be posted, notice
2 prohibiting all or special kinds of trespass must be
3 conspicuously placed so as to afford reasonable opportunity for
4 a conscientious person to detect it. Proper posting may be
5 established by evidence commensurate with the circumstances.
6 However, in any case, proof that posters are placed at least
7 once every 400 feet around the perimeter of the land in
8 question, or at least once for every 20 acres of land in
9 question, shall constitute prima facie evidence that such land
10 is conspicuously posted; and proof that such notice has been
11 duly posted in a form likely to withstand the elements within
12 six months prior to the entry complained of shall constitute
13 prima facie evidence of posting.
14 Section 7.2. The following acts are prohibited:
15 (1) Recreational trespass.
16 (2) The destruction or removal of any property of the owner
17 or vandalism of any sort while engaged in recreational use of
18 the land of another.
19 (3) Littering while engaged in recreational use of the land
20 of another.
21 (4) Failure to leave any gates, doors, fences, roadblocks
22 and obstacles or signs in the condition in which they were
23 found, while engaged in the recreational use of the land of
24 another.
25 Section 7.3. In addition to other penalties and remedies
26 that may be applicable, the penalty for violation of section 7.2
27 shall consist of a civil forfeiture of not more than $100 plus
28 costs and taxes that may be applicable. A violation of each
29 paragraph of section 7.2 shall be a separate offense. The
30 maximum penalty permitted hereunder shall be levied if the
19910H0453B0512 - 6 -
1 defendant fails either to pay or honor any deposit specified in
2 a citation or to appear to contest a citation at the date, time
3 and place specified in the citation. Nothing in this act shall
4 be construed to preclude a prosecution under 18 Pa.C.S.
5 (relating to crimes and offenses).
6 Section 7.4. Any local or State law enforcement officer may
7 issue a citation to a person believed with probable cause to
8 have violated section 7.2. The following procedures with respect
9 thereto shall apply:
10 (1) The citation shall provide for the following:
11 (i) The name and address and hunting or fishing or other
12 recreational activity license number, if any, and the date of
13 birth of the alleged violator.
14 (ii) The name of the issuing law enforcement officer and the
15 name and address of his department.
16 (iii) The violations alleged to have been committed by the
17 defendant, with specific reference to the paragraphs of section
18 7.2 involved and a brief description of the activities alleged
19 to be in violation.
20 (iv) The amount of the penalty or forfeiture payable under
21 section 7.3, together with costs and taxes that may be
22 applicable.
23 (v) A date, time and place for the defendant to appear in
24 court and notice to appear.
25 (vi) Provisions for a deposit and stipulation by the
26 defendant in lieu of a court appearance.
27 (vii) Notice that if the defendant makes a deposit and signs
28 the stipulation, or makes a deposit and fails to appear in court
29 at the time specified in the citation, the defendant will be
30 deemed to have tendered a plea of no contest and submitted to a
19910H0453B0512 - 7 -
1 forfeiture in the amount of the deposit.
2 (viii) Notice that if the defendant neither makes a deposit
3 nor appears in court at the time fixed in the citation, the
4 court may issue a summons or an arrest warrant.
5 (ix) Any other pertinent information.
6 (2) (i) If a person is cited, such person may deposit, any
7 time up to the date specified in the citation for court
8 appearance, the amount of money the enforcing officer directs by
9 mailing such deposit and a copy of the citation to the office of
10 the clerk of courts in the county where the offense occurred, or
11 by going to the office of the clerk of courts.
12 (ii) The person receiving the deposit shall prepare a
13 receipt showing the purpose for which the deposit is made,
14 stating that the defendant may inquire at the office of the
15 clerk of courts regarding the disposition of the deposit and
16 notifying the defendant that if he fails to appear in court at
17 the time fixed in the citation, he will be deemed to have
18 tendered a plea of no contest and submitted to a forfeiture not
19 to exceed the amount of the deposit which the court may accept.
20 The receipt shall be delivered to the defendant in person or by
21 mail. If the defendant pays by check, such check shall be
22 considered a receipt.
23 (iii) The amount of the deposit shall be determined in
24 accordance with a deposit schedule which the judges of each
25 county respectively shall establish. The judges may, from time
26 to time, revise the schedule. In addition to the basic amount
27 determined according to the schedule, the deposit shall include
28 court costs and taxes if applicable.
29 (3) (i) If a person is cited, such person may make a
30 deposit and stipulation of no contest and submit them in the
19910H0453B0512 - 8 -
1 same manner as the deposit in paragraph (2). Such deposit and
2 stipulation of no contest may be made at any time prior to the
3 court appearance date. By signing the stipulation, the defendant
4 is deemed to have tendered a plea of no contest and submitted to
5 a forfeiture plus costs not to exceed the amount of the deposit.
6 The procedures respecting such deposit shall be as described in
7 paragraph (2).
8 (ii) The defendant may, within ten days after signing the
9 stipulation or at the time of the court appearance date, move
10 the court for relief from the effects of the stipulation.
11 (4) The citation issued may serve as the initial pleading
12 and, notwithstanding any other provisions of the statutes, shall
13 be deemed adequate process to give the appropriate court
14 jurisdiction over the defendant upon the filing of the citation
15 with such court.
16 (5) The procedures to be followed before and at trial and
17 thereafter shall be as prescribed by law.
18 Section 7.5. A court to which any forfeiture or deposit is
19 paid hereunder may apply all or part of that amount paid over to
20 the owner of the land in question, if it concludes that justice
21 would thereby be served, as recompense to such owner for damages
22 or attorney fees or inconvenience suffered due to the violations
23 of this act that gave rise to the forfeiture or deposit. Such
24 restitutionary payment shall not prejudice or affect any other
25 civil action which such owner may have for such damages or
26 inconvenience.
27 Section 7.6. A violation of section 7.2 shall be grounds for
28 a civil action in tort by the owner in question. It shall be
29 proper in such an action for reasonable punitive damages to be
30 awarded.
19910H0453B0512 - 9 -
1 Section 7.7. (a) Any local or State law enforcement officer
2 may arrest a person without a warrant when the officer has
3 probable cause to believe that the person is committing or has
4 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 satisfactorily or
8 the officer has reasonable grounds to believe that the person is
9 supplying false identification.
10 (3) Arrest is necessary to prevent imminent bodily harm to
11 the enforcing officer or to another.
12 (b) In all cases the officer shall bring the person arrested
13 before a judge without unnecessary delay.
14 Section 7.8. The maximum penalty assessable for any
15 violation of this act shall be doubled if the defendant has
16 within one year prior to such violation been convicted of or
17 pleaded guilty or no contest to a charge of any violation of
18 this act.
19 Section 7.9. The maximum penalty assessable for any
20 violation of this act shall be multiplied ten times if the
21 defendant has within three years prior to such violation failed
22 either to pay or honor any deposit specified in a citation or to
23 appear as specified to contest a citation issued pursuant to
24 this act.
25 Section 3. Sections 8 and 9 of the act are reenacted to
26 read:
27 Section 8. The act of September 27, 1961 (P.L.1696),
28 entitled "An act limiting the liability of landowners of
29 agriculture lands or woodlands for personal injuries suffered by
30 any person while hunting or fishing upon the landowner's
19910H0453B0512 - 10 -
1 property," is repealed.
2 All other acts or parts of acts are repealed in so far as
3 inconsistent herewith.
4 Section 9. This act shall take effect immediately.
5 Section 4. This act shall take effect in 60 days.
A23L42WMB/19910H0453B0512 - 11 -