149.401 City or county ordinance banning open burning during fire hazard

156 words·~1 min read·/ky/149-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

periods.

(1)Without limiting the general authority granted to a county by KRS 67.083 and the

general authority granted to a city by KRS 82.082, a city or county may enact an

ordinance banning all open burning during periods of extraordinary forest fire

hazard or fire occurrence. Such ordinance may authorize the implementation of

such a ban by executive order of the chief executive officer upon notice by the

Division of Forestry that a period of extraordinary forest fire hazard or fire

occurrence exists.

(2)Any ordinance promulgated by a city or county pursuant to subsection

(1)of this

section may establish penalties for violation of the ordinance not to exceed the

penalties set forth in KRS 149.990(2).

(3)Any ordinance promulgated by a city or county pursuant to subsection

(1)of this

section may be enforced by the promulgating body, or by the cabinet, and referred

to the appropriate county or Commonwealth attorney for prosecution.