2012 Kentucky Revised Statutes CHAPTER 433 OFFENSES AGAINST PROPERTY BY FORCE 433.873 Wrongful disturbance or damage to cave surfaces or material found therein.
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433.873 Wrongful disturbance or damage to cave surfaces or material found
therein.
(1)
(2)
It shall be unlawful for any person, without the express, prior, written permission of
the owner, to willfully and knowingly:
(a) Break, break off, crack, carve upon, write, burn, or otherwise mark upon,
remove, or in any manner destroy, disturb, deface, mar or harm the surfaces of
any cave or any material which may be found therein, notwithstanding
whether such material is attached or broken, including speleothems,
speleogens, and sedimentary deposits. The provisions of this section shall not
prohibit minimal disturbance for scientific exploration.
(b) Break, force, tamper with or otherwise disturb a door, lock, gate, or other
obstruction designed to control or prevent access to any cave, even though
entrance thereto may not be gained.
(c) Place any gate or other obstruction which may restrict the movement of air or
animals through such device.
(d) Deface, tamper with or remove a sign stating that a cave is posted or citing
provisions of this chapter.
(e) Excavate, remove, destroy, injure, deface, or in any other manner disturb any
burial grounds, historic or prehistoric resources, archaeological or
paleontological site or any part thereof, including fossils, bones, relics,
inscriptions, saltpeter workings, remains of historical human activity, or any
other such features which may be found in any cave, except those caves
owned by the Commonwealth or designated as Commonwealth archaeological
sites or zones, and which are subject to the provisions of KRS 164.705 to
164.735.
The entering or remaining in a cave which has not been posted by the owner shall
not by itself constitute a violation of this section.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 168, sec. 2, effective July 15, 1988.
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