2014 Kentucky Revised Statutes CHAPTER 77 - AIR POLLUTION CONTROL 77.170 Stricter local regulation not preempted -- Local ordinances not superseded -- Exceptions.
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77.170 Stricter local regulation not preempted -- Local ordinances not
superseded -- Exceptions.
(1)
(2)
(3)
Except for subsection (3) of this section, the General Assembly does not, by
the provisions of this chapter, intend to occupy the field except for requiring a
county air pollution control board to exempt from the requirements of a vehicle
exhaust testing program vehicles registered to military personnel on active duty
whose duty station is outside of a county. Except for subsection (3) of this
section, the provisions of this chapter do not prohibit the enactment or
enforcement of any local ordinance stricter than the provisions of KRS 77.150
to 77.180 and stricter than the rules and regulations adopted pursuant to KRS
77.180 to 77.240, which local ordinance prohibits, regulates, or controls air
pollution.
Except for subsection (3) of this section, and except for requiring a county air
pollution control board to exempt from the requirements of a vehicle exhaust
testing program vehicles registered to military personnel on active duty whose
duty station is outside of a county, the provisions of this chapter do not
supersede any such local ordinance. If it should be held that the provisions of
this chapter supersede the provisions of any local ordinance, such suspension
shall not bar the prosecution or punishment of any violation of such ordinance
which violation was committed when such ordinance, was in full force and
effect.
Local ordinances prohibiting, regulating, or controlling emissions from mobile
sources of air pollutants shall prohibit emissions of, regulate, or control only
mobile sources of air pollutants regulated under the state program established
in accordance with KRS 224.20-710 to 224.20-765.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 136, sec. 2, effective July 14, 2000; and
ch. 226, sec. 7, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 420,
sec. 13, effective July 15, 1994. -- Created 1952 Ky. Acts ch. 53, secs. 39
and 40, effective March 14, 1952.
Legislative Research Commission Note (7/14/200). This section was amended
by 2000 Ky. Acts chs. 136 and 226, which do not appear to be in conflict and
have been codified together.
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