As used in this
chapter, the following words shall have the meanings stated unless the context
requires otherwise:
(1)
"Cave" means any naturally occurring void, cavity, recess, or system
of interconnecting passages beneath the surface of the earth containing a
black zone including natural subterranean water and drainage systems, but not
including any mine, tunnel, aqueduct, or other man-made excavation, which is
large enough to permit a person to enter. The term "cave" includes
or is synonymous with "cavern."
(2)
"Commercial cave" means any cave utilized by the owner for the
purposes of exhibition to the general public, whether as a profit or nonprofit
enterprise, wherein a fee for entry is collected.
(3)
"Gate" means any structure or device situated so as to limit or
prohibit access or entry to any cave.
(4)
"Person" or "persons" means any individual, partnership,
firm, association, trust, or corporation or other legal entity.
(5)
"Owner" means a person who owns title to land wherein a cave is
located, including a person who owns title to a leasehold estate in the land
and specifically including the Commonwealth and any of its agencies,
departments, boards, bureaus, commissions, or authorities as well as counties,
municipalities and other political subdivisions of the Commonwealth.
(6) "Speleothem"
means a natural mineral formation or deposit occurring in a cave. This shall
include or be synonymous with, but not restricted to stalagmite, stalactite,
helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda
straw, drapery, bacon, cave pearl, popcorn, coral, rimstone dam, column,
palette, flowstone, et cetera.
(7) "Speleogen"
means an erosional feature of the cave boundary and includes or is synonymous
with, but not limited to anastomoses, scallops, rills, flutes, spongework,
boxwork, and pendants.
(8)
"Material" means all or any part of any archaeological,
paleontological, biological, or historical item including, but not limited to,
any petroglyph, pictograph, basketry, human remains, tool, beads, pottery,
projectile point, remains of historical mining activity or any other
occupation, found in any cave.
(9) "Cave
life" means any life form which normally occurs in, uses, visits, or
inhabits any cave or subterranean water system, excepting those animals and
species covered by any of the game laws of the Commonwealth of Kentucky.
(10) "Troglobitic"
means or refers to any form of cave life specifically adapted to the cave
environment and which carries out its entire life cycle in the cave.
(11) "Troglophilic"
means or refers to any form of cave life which, although lacking specific
biological adaptations necessary for permanent residence in any cave, carries
out at least a portion of its life cycle in the cave.
(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.
433.875
Unlawful dumping, disposal or burning within cave.
It shall be
unlawful to store, dump, litter, dispose of or otherwise place any refuse,
garbage, dead animals, sewage, toxic substances harmful to cave life or
humans, or to store other such similar materials in any quantity in any cave.
It shall also be unlawful to burn within a cave any material which produces
any smoke or gas which is harmful to any naturally occurring organisms in the
cave, except acetylene gas produced by carbide lamps.
433.877
Unlawful removal or disturbance of naturally occurring organisms in cave.
(1) It shall be
unlawful to remove, kill, harm, or otherwise disturb any naturally occurring
organism found within any cave, except for safety or health reasons.
Scientific collecting permits may be obtained from the state nongame
biologist.
(2) It shall
also be unlawful to collect any form of troglobitic or troglophilic cave life
for commercial sale, whether or not a profit is gained by such sale.
(1) In addition
to the written permission of the owner required by KRS 433.873(1), a person
shall also obtain a permit from the state archaeologist prior to excavating or
removing any archaeological, paleontological, prehistoric or historic feature
of any cave. The state archaeologist shall issue a permit to excavate or
remove such a feature if he finds that it is in the best interest of the
Commonwealth and that the applicant meets the criteria of this section and is
an historic, scientific or educational institution, professional archaeologist
or amateur who is qualified and recognized in the areas of field
investigations or archaeology. The permit shall be issued for a period of two
(2) years and may be renewed upon expiration. The permit shall not be
transferable; however, the provisions of this section shall not preclude any
person from working under the direct supervision of the permittee.
(2) All field
investigations, explorations or recovery operations undertaken under this
section shall be carried out under the general supervision of the state
archaeologist and the Kentucky Heritage Council and in a manner to ensure that
the maximum amount of historic, scientific, archaeologic, and educational
information may be recovered and preserved in addition to the physical
recovery of objects.
(3) A person
applying for a permit pursuant to this section shall:
(a) Have
knowledge of archaeology, paleontology or history as qualified in subsection
(1) of this section;
(b) Provide a
detailed statement to the state archaeologist giving the reasons and
objectives for excavation or removal and the benefits expected to be obtained
from the contemplated work;
(c) Provide data
and results of any completed excavation, study, or collection at the first of
each calendar year;
(d) Obtain the
prior written permission of the owner if the site of the proposed excavation
is on privately owned land; and
(e) Carry the
permit while exercising the privileges granted.
It shall be
unlawful for any person to sell or offer for sale any speleothems in this
Commonwealth, export them for sale outside the Commonwealth, or import
speleothems into the Commonwealth for sale.
433.883
Cave owner or his agent not to be held liable.
(1) Neither the
owner of a cave nor his authorized agents acting within the scope of their
authority shall be liable for injuries sustained by any person using the cave
for recreational or scientific purposes if no charge has been made for the use
of the cave, notwithstanding that an inquiry may have been made as to the
experience or expertise of the person or persons seeking consent.
(2) Nothing in
this section shall be construed to constitute a waiver of the sovereign
immunity of the Commonwealth or any of its boards, departments, bureaus or
agencies.