77.170 Stricter local regulation not preempted -- Local ordinances not superseded -

260 words·~1 min read·/ky/77-170

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

- Exceptions.

(1)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.

(2)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.

(3)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.