433.873 Wrongful disturbance or damage to cave surfaces or material found

261 words·~1 min read·/ky/433-873

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

therein.

(1)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.

(2)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.