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House Engrossed
G&F; private lands; trespassing |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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CHAPTER 104
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HOUSE BILL 2246 |
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AN ACT
amending sections 17-303 and 17-304, Arizona Revised Statutes; relating to the taking and handling of wildlife.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 17-303, Arizona Revised Statutes, is amended to read:
17-303. Taking or driving wildlife from closed areas or while trespassing
It is unlawful for any person: ,
1. Except by commission order, to enter upon on a game refuge or other area that is closed to hunting, trapping or fishing and take, drive or attempt to drive wildlife from such areas an area.
2. Without authorization from the landowner or lessee of private land, to take wildlife if section 17-304, subsection D, paragraph 1 or 2 applies.
Sec. 2. Section 17-304, Arizona Revised Statutes, is amended to read:
17-304. Prohibition by landowner on hunting, fishing, trapping or guiding; trespassing; posting; requirements
A. Landowners or lessees of private land who desire to prohibit hunting, fishing, or trapping or guiding on their lands without their written permission shall post such lands closed to hunting, fishing, or trapping or guiding using notices or signboards.
B. State or federal lands, including those under lease, may not be posted except by consent of the commission.
C. The notices or signboards shall meet all of the following criteria:
1. Be not less than at least eight inches by eleven inches with plainly legible wording in capital and bold-faced lettering at least one inch high.
2. Contain the words "no trespassing", "no hunting", "no trapping", or "no fishing" or "no guiding" either as a single phrase or in any combination.
3. Be conspicuously placed on a structure or post at least four feet above ground level at all points of vehicular access, at all property or fence corners and at intervals of not more than one-quarter mile along the property boundary, except that a post with one hundred square inches or more of orange paint may serve as the interval notices between property or fence corners and points of vehicular access. The orange paint shall be clearly visible and shall cover the entire aboveground surface of the post facing outward and on both lateral sides from the closed area.
D. The entry of any person for the taking of wildlife shall is not be grounds for an action for criminal trespassing pursuant to section 13-1502 unless either:
1. The land has been posted pursuant to this section and the notices and signboards also contain the words "no trespassing".
2. The person knowingly remains unlawfully on any real property after a reasonable request to leave by a law enforcement officer acting at the request of the owner, the owner or any other person having lawful control over the property or the person knowingly disregards reasonable notice prohibiting entry to any real property.
APPROVED BY THE GOVERNOR MARCH 24, 2021.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 24, 2021.