2013 Kentucky Revised Statutes CHAPTER 237 - FIREARMS AND DESTRUCTIVE DEVICES 237.210 Effect of changed conditions on nuisance actions involving shooting ranges -- Standing to sue -- Limitation of liability -- Prohibition against retroactive application of laws.
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237.210 Effect of changed conditions on nuisance actions involving shooting
ranges -- Standing to sue -- Limitation of liability -- Prohibition against
retroactive application of laws.
(1)
(2)
(3)
No shooting range shall be or shall become a nuisance, either public or private,
solely as a result of changed conditions in or around the locality of the range if
the range has been in operation for one (1) year since the date on which it
commenced operation as a shooting range. Subsequent physical expansion of
the range or expansion of the types of firearms in use at the range shall not
establish a new date of commencement of operations for purposes of this
section unless the change triples the amount of the noise produced by the
shooting range. The increase in the noise level at the shooting range shall be
measured by an independent testing agency or a unit of government and shall
compare the highest noise levels during any one (1) month during which the
range is in full operation with a subsequent month in which the range is in full
operation and conducting a comparable level of shooting activities. Only a
person who lives adjacent to the shooting range shall have standing to bring an
action under this section.
No shooting range or unit of government or person owning, operating, or using
a shooting range for the shooting of firearms shall be subject to any action for
civil or criminal liability, damages, abatement, or injunctive relief resulting from
or relating to noise generated by the operation of the range if the range
remains in compliance with noise control or nuisance abatement administrative
regulations, statutes, or ordinances applicable to the range on the date on
which it commenced operation.
No administrative regulations, statutes, or ordinances relating to noise control,
noise pollution, or noise abatement adopted or enacted by a unit of
government shall be applied retroactively to prohibit conduct at a shooting
range, which conduct was lawful and being engaged in prior to the adoption or
enactment of the administrative regulations, statutes, or ordinances.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 8, sec. 2, effective July 15, 1998.
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