Kentucky Statutes 149.405 – Entry in forest lands during drought — Emergency proclamation — Notice
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(1) It shall be unlawful, when the forest lands, brush lands and fields in this state or any part thereof have become so dry or parched as to create an extraordinary fire hazard endangering lives and property, for any person, except the owner, tenant or owner’s authorized agent, persons regularly engaged in cutting, processing, or moving forest products, persons engaged in constructing, maintaining, and operating utility or pipeline rights-of-way, or persons on official duty, to enter or travel in any state, county, municipal or private forest lands, brush lands, fields or idle or abandoned lands in the area so affected except on public highways or well defined private roads.
(2) When such an emergency is found to exist by the secretary for energy and environment, the Governor may proclaim such a condition to exist in the Commonwealth or any described part thereof. The provisions of subsection (1) shall be effective only during the time such proclamation is in force and only in the area where such emergency is declared to exist.
(3) The Secretary of State shall cause notice of such proclamation or any amendments or rescission thereof to be published in a newspaper or newspapers of general circulation in the area affected.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 161, effective July 15, 2010. — Amended
1974 Ky. Acts ch. 74, Art. III, sec. 13(3). — Created 1964 Ky. Acts ch. 158, sec. 10.
(2) When such an emergency is found to exist by the secretary for energy and environment, the Governor may proclaim such a condition to exist in the Commonwealth or any described part thereof. The provisions of subsection (1) shall be effective only during the time such proclamation is in force and only in the area where such emergency is declared to exist.
Terms Used In Kentucky Statutes 149.405
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) The Secretary of State shall cause notice of such proclamation or any amendments or rescission thereof to be published in a newspaper or newspapers of general circulation in the area affected.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 161, effective July 15, 2010. — Amended
1974 Ky. Acts ch. 74, Art. III, sec. 13(3). — Created 1964 Ky. Acts ch. 158, sec. 10.