Utah Code 23A-5-317. Posted property — Hunting by permission — Entry on private land while hunting or fishing — Violations — Penalty — Prohibitions inapplicable to officers
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(1) As used in this section:
Terms Used In Utah Code 23A-5-317
- Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
- Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
- Take: means to:
(54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or(54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101- Wildlife: means :
(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101- Wildlife Board: means the board created in Section
23A-2-301 . See Utah Code 23A-1-101(1)(a) “Cultivated land” means land that is readily identifiable as:(1)(a)(i) land whose soil is loosened or broken up for the raising of crops;(1)(a)(ii) land used for the raising of crops; or(1)(a)(iii) pasturage which is artificially irrigated.(1)(b) “Permission” means documented authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and shall include:(1)(b)(i) the signature of the owner or person in charge;(1)(b)(ii) the name of the person being given permission;(1)(b)(iii) the appropriate dates; and(1)(b)(iv) a general description of the property.(1)(c) “Properly posted” means that signs prohibiting trespass or bright yellow, bright orange, or fluorescent paint are clearly displayed:(1)(c)(i) at the corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land; or(1)(c)(ii) in a manner that would reasonably be expected to be seen by a person in the area.(2)(2)(a) While taking wildlife or engaging in wildlife related activities, a person may not:(2)(a)(i) without permission, enter upon privately owned land that is cultivated or properly posted;(2)(a)(ii) enter or remain on privately owned land if the person has notice to not enter or remain on the privately owned land; or(2)(a)(iii) obstruct an entrance or exit to private property.(2)(b) A person has notice to not enter or remain on privately owned land if:(2)(b)(i) the person is directed to not enter or remain on the land by:(2)(b)(i)(A) the owner of the land;(2)(b)(i)(B) the owner’s employee; or(2)(b)(i)(C) a person with apparent authority to act for the owner; or(2)(b)(ii) the land is fenced or otherwise enclosed in a manner that a reasonable person would recognize as intended to exclude intruders.(2)(c) The division shall provide “hunting by permission cards” to a landowner upon the landowner’s request.(2)(d) A person may not post:(2)(d)(i) private property the person does not own or legally control; or(2)(d)(ii) land that is open to the public as provided by Section23A-6-402 .(3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in Section23A-5-301 and liable for the civil damages described in Subsection (7).(4)(4)(a) A person convicted of violating Subsection (2)(a) may have the person’s license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer.(4)(b) A hearing officer may construe a subsequent conviction that occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years.(5) Subsection (2)(a) does not apply to peace or conservation officers in the performance of their duties.(6)(6)(a) The division shall provide information regarding owners’ rights and duties:(6)(a)(i) to anyone holding a license, certificate of registration, tag, or permit to take wildlife; and(6)(a)(ii) by using the public media and other sources.(6)(b) The Wildlife Board shall state restrictions in this section relating to trespassing in the hunting and fishing proclamations issued by the Wildlife Board.(7) In addition to an order for restitution under Section77-38b-205 , a person who commits a violation of Subsection (2)(a) or (d) may also be liable for:(7)(a) the greater of:(7)(a)(i) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2)(a) or (d); or(7)(a)(ii) $500; and(7)(b) reasonable attorney fees not to exceed $250, and court costs.(8) Civil damages under Subsection (7) may be collected in a separate action by the property owner or the property owner’s assignee.