New Jersey § 4:17-2

§ 4:17-2.

a. Except as provided otherwise pursuant to subsection b. of this section, any person who trespasses upon the agricultural or horticultural lands of another is

liable to a civil penalty of not less than $100.00 . b. In addition to any other applicable fines, penalties, or restitution that may be

assessed pursuant to section 3 of P.L.1983, c. 522 ( C.2C:18-6 ) or any other law, any person who knowingly or recklessly operates a motorized vehicle

or rides horseback upon the lands of another without obtaining and in possession of

the written permission of the owner, occupant, lessee, or licensee thereof, or damages

or injures any tangible property, including, but not limited to, any fence, building,

feedstocks, crops, live trees, or any domestic animals, located on the lands of another

shall be liable to: (1) a civil penalty of not less than $1,000; and (2) the owner, occupant, lessee, or licensee of the lands for any reasonable and necessary

expenses, including reasonable attorney fees, incurred by the owner, occupant, lessee,

or licensee to ensure that the lands are restored to their condition prior to commission

of the offense. The court shall make a finding of the amount of expenses incurred and damages sustained

and order the defendant to pay as appropriate. c. Any civil penalty imposed pursuant to subsection a. or b. of this section shall

be collected in a civil action by a summary proceeding under the “Penalty Enforcement

Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). The Superior Court and the municipal court shall have jurisdiction to enforce the

“Penalty Enforcement Law of 1999.” If the violation is of a continuing nature, each day during which it continues shall

constitute an additional, separate and distinct offense. d. Nothing in this article shall relieve owners of agricultural or horticultural lands

from the obligation to provide conspicuous posting prohibiting trespass on the waters

or banks along or around any waters listed for stocking with fish in the current fish

code adopted pursuant to section 32 of P.L.1948, c. 448 ( C.13:1B-30 ) before a trespass violation may be found. e. As used in this article , “ agricultural or horticultural lands ” means lands devoted to the production for sale of plants and animals useful to man,

encompassing plowed or tilled fields, standing crops or their residues, cranberry

bogs and appurtenant dams, dikes, canals, ditches and pump houses, including impoundments,

man-made reservoirs and the adjacent shorelines thereto, orchards, nurseries and lands

with a maintained fence for the purpose of restraining domestic livestock. “ Agricultural or horticultural lands ” shall also include lands in agricultural use, as defined in section 3 of P.L.1983,

c. 32 ( C.4:1C-13 ) where public notice prohibiting trespass is given by actual communication to the

actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude

intruders.