65.147 Limitations on enforcement of unlawful camping law prohibited -- Civil

234 words·~1 min read·/ky/65-147

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

action by Attorney General.

(1)A government official or governmental body shall not adopt or enforce any policy

under which it directly or indirectly prohibits or discourages the enforcement of any

law, order, or ordinance prohibiting unlawful camping as set forth in KRS 511.110.

(2)A government official or governmental body shall not directly or indirectly prohibit

or discourage a peace officer or prosecuting attorney who is employed by or

otherwise under its direction or control from enforcing any law, order, or ordinance

prohibiting unlawful camping as set forth in KRS 511.110.

(3)This section shall not be interpreted or construed to:

(a)Prohibit a policy that encourages diversion programs or offering of services in

lieu of citation or arrest;

(b)Prohibit or otherwise interfere with general orders or decisions that involve

resource allocation or prioritization made by a governmental official or

governmental body;

(c)Create any cause of action; or

(d)Permit a peace officer to disobey an instruction, order, or command from an

officer or official within his or her chain of command.

(4)The Attorney General may bring a civil action in any court of competent

jurisdiction against any government official or governmental body to enjoin it from

violating this section.

(5)The Attorney General may recover reasonable expenses incurred in any civil action

brought under this section, including court costs, reasonable attorney's fees,

investigative costs, witness fees, and deposition costs.