Driving across Missouri, whether on the interstate, a highway, a blacktop or even a gravel road there seems to be purple paint on a lot of fence posts, and even trees.
What does that mean? During its 1993 legislative session, the Missouri Legislature enacted a Statute pertaining to trespassing. The Purple Paint Statute (RSMO 569.145), provides for Missouri landowners an alternative means of posting their property. Just like using no trespassing, no entry or keep out signs. According to Wayne Prewitt, Agriculture Business Specialist it means “KEEP OUT.”
Prewitt continued by saying landowners can still use "No Trespassing" signs, however the Purple Paint Statute allows landowners to mark trees or posts with purple paint as a warning to would-be trespassers. Just like a No Trespassing" sign or actual communication to individuals that no trespassing is allowed, the purple paint marks are considered to be adequate notice to the public that no trespassing is allowed on the property. According to Prewitt, the Statute provides that any person trespassing onto property marked by purple paint can be found guilty of a first-degree trespassing charge. Any unauthorized entry onto property marked with the purple paint marks is considered a trespass.
The Statue allows for the charge of first-degree trespassing which is a Class B Misdemeanor, with potential punishment of a maximum $500 fine and/or a maximum of six months in jail. Prewitt continued by saying, if someone wants to mark their property with purple paint in accordance with the Statue there are a few things that need to be understood.
Under Missouri's law:
•Any owner or lessee of property can post property with the purple paint marks.
•Purple paint marks must be placed on either trees or posts
•The Statute does not specifically say anything about buildings, grain bins or other structures.
•Vertical paint lines must be at least eight inches long (the Statute does not mention a maximum length).
•The bottom edge of each paint mark must be between three feet and five feet off the ground.
•Paint marks must be readily visible to any person approaching the property.
•Purple paint marks cannot be more than 100 ft. apart.
Prewitt finished by saying, all landowners or lessee need to be aware of the importance of the length and placement of the purple paint.
The Statues are very clear and specify the minimum requirements to be considered valid. These do not include purple plastic wrap, paper or anything else, it specifies paint.
The key is to make sure the marks are clearly visible and we all need to understand that over time they may fade or become more difficult to see, so they may need to be painted regularly. It is the responsibility of the landowner or lessee to make sure they are clearly visible.
For more information, contact or visit your local Extension Center or exten sion.missouri.edu.
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