77.170 Stricter local regulation not preempted -- Local ordinances not superseded -- Exceptions. - Kentucky Statutes

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Page 1 of 1 77.170 Stricter local regulation not preempted -- Local ordinances not superseded - - Exceptions.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. Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 136, sec. 2, effective July 14, 2000; and ch. 226, sec. 7, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 420, sec. 13, effective
July 15, 1994. -- Created 1952 Ky. Acts ch. 53, secs. 39 and 40, effective March 14,
1952. Legislative Research Commission Note (7/14/200). This section was amended by 2000 Ky. Acts chs. 136 and 226, which do not appear to be in conflict and have been
codified together.