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Code · Kentucky · Kentucky Revised Statutes

237.210 Effect of changed conditions on nuisance actions involving shooting ranges

334 words·~2 min read·/ky/237-210

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

-- Standing to sue -- Limitation of liability -- Prohibition against retroactive
application of laws.
(1)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.
(2)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.
(3)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.
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