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433.871 Definitions.
As used in this chapter, the following words shall have the meanings stated unless the
context requires otherwise:
(1) "Cave" means any naturally occurring void, cavity, recess, or system of
interconnecting passages beneath the surface of the earth containing a black zone
including natural subterranean water and drainage systems, but not including any
mine, tunnel, aqueduct, or other man-made excavation, which is large enough to
permit a person to enter. The term "cave" includes or is synonymous with "cavern."
(2) "Commercial cave" means any cave utilized by the owner for the purposes of
exhibition to the general public, whether as a profit or nonprofit enterprise, wherein
a fee for entry is collected.
(3) "Gate" means any structure or device situated so as to limit or prohibit access or
entry to any cave.
(4) "Person" or "persons" means any individual, partnership, firm, association, trust, or
corporation or other legal entity.
(5) "Owner" means a person who owns title to land wherein a cave is located, including
a person who owns title to a leasehold estate in the land and specifically including
the Commonwealth and any of its agencies, departments, boards, bureaus,
commissions, or authorities as well as counties, municipalities and other political
subdivisions of the Commonwealth.
(6) "Speleothem" means a natural mineral formation or deposit occurring in a cave.
This shall include or be synonymous with, but not restricted to stalagmite, stalactite,
helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw,
drapery, bacon, cave pearl, popcorn, coral, rimstone dam, column, palette,
flowstone, et cetera.
(7) "Speleogen" means an erosional feature of the cave boundary and includes or is
synonymous with, but not limited to anastomoses, scallops, rills, flutes,
spongework, boxwork, and pendants.
(8) "Material" means all or any part of any archaeological, paleontological, biological,
or historical item including, but not limited to, any petroglyph, pictograph, basketry,
human remains, tool, beads, pottery, projectile point, remains of historical mining
activity or any other occupation, found in any cave.
(9) "Cave life" means any life form which normally occurs in, uses, visits, or inhabits
any cave or subterranean water system, excepting those animals and species covered
by any of the game laws of the Commonwealth of Kentucky.
(10) "Troglobitic" means or refers to any form of cave life specifically adapted to the
cave environment and which carries out its entire life cycle in the cave.
(11) "Troglophilic" means or refers to any form of cave life which, although lacking
specific biological adaptations necessary for permanent residence in any cave,
carries out at least a portion of its life cycle in the cave.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 168, sec. 1, effective July 15, 1988.
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