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11-2111 - Posting; Service of Notice.

NY Env Cons L § 11-2111 (2019) (N/A)
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1. An area protected pursuant to this title and title nineteen of this article shall be posted with signs not less than eleven inches by eleven inches, bearing a conspicuous statement as described in subdivision 2 of this section which shall cover a space of not less than eighty square inches. Such signs shall be posted not more than six hundred sixty feet apart, close to and along the boundaries of the area protected. At least one sign shall be posted on each side of the protected area and on each side of each corner of the protected area, provided the corner can be reasonably ascertained. Illegible or torn-down signs shall be replaced at least once a year. Replacement of notices on state game refuges shall be made in March, July, August or September.

2. Signs shall bear the name and address of the owner, lawful occupant, or other person or organization authorized to post the protected area. Signs shall bear a conspicuous statement which shall either (a) consist of the word "posted", or (b) warn against entry for specified purposes or all purposes without the consent of the person or organization authorized to post the protected area. A statement consisting of the word "Posted" shall have the effect of a warning against all such acts. The department may by regulation authorize additional contents of such signs, including but not limited to symbols indicating the acts which are prohibited.

3. Signs to prohibit the taking of fish may be posted by the department up to one thousand feet from a fishway or dam erected by the state in public waters, and shall read substantially: "All persons are prohibited by law from fishing in this stream between this point and the fishway (or dam)."

4. Personal service upon any person, in the name of the owner, lawful occupant, or other person or organization authorized to post signs as provided in this section, of a notice in writing containing a description of the premises and a warning provided by this section for a posted sign, shall, after the service, have the same effect with respect to the person served as if the premises described in the notice were posted with such warning as provided in this section.

5. Private lands constituting the bed, banks and shores of waters stocked with fish by the department, with the consent of the owner of such lands, shall not be posted against public fishing within five years from the date of such stocking, except where an alternate arrangement has been agreed to in writing by the department. Owner shall mean, for purposes of this subdivision, the owner, lawful occupant, or other person or organization having authority to post such lands.

6. The provisions of this section shall not apply to the posting or erection of notices identifying a restricted area pursuant to section 11-0321.

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11-2111 - Posting; Service of Notice.