2013 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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