<br><br> <br>Page 1 of 1 <br>77.170 Stricter local regulation not preempted -- Local ordinances not superseded -<br>- Exceptions. <br>(1) Except for subsection (3) of this section, the General Assembly does not, by the <br>provisions of this chapter, intend to occupy the field except for requiring a county <br>air pollution control board to exempt from the requirements of a vehicle exhaust <br>testing program vehicles registered to military personnel on active duty whose duty <br>station is outside of a county. Except for subsection (3) of this section, the <br>provisions of this chapter do not prohibit the enactment or enforcement of any local <br>ordinance stricter than the provisions of KRS 77.150 to 77.180 and stricter than the <br>rules and regulations adopted pursuant to KRS 77.180 to 77.240, which local <br>ordinance prohibits, regulates, or controls air pollution. <br>(2) Except for subsection (3) of this section, and except for requiring a county air <br>pollution control board to exempt from the requirements of a vehicle exhaust testing <br>program vehicles registered to military personnel on active duty whose duty station <br>is outside of a county, the provisions of this chapter do not supersede any such local <br>ordinance. If it should be held that the provisions of this chapter supersede the <br>provisions of any local ordinance, such suspension shall not bar the prosecution or <br>punishment of any violation of such ordinance which violation was committed <br>when such ordinance, was in full force and effect. <br>(3) Local ordinances prohibiting, regulating, or controlling emissions from mobile <br>sources of air pollutants shall prohibit emissions of, regulate, or control only mobile <br>sources of air pollutants regulated under the state program established in accordance <br>with KRS 224.20-710 to 224.20-765. <br>Effective: July 14, 2000 <br>History: Amended 2000 Ky. Acts ch. 136, sec. 2, effective July 14, 2000; and ch. 226, <br>sec. 7, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 420, sec. 13, effective <br>July 15, 1994. -- Created 1952 Ky. Acts ch. 53, secs. 39 and 40, effective March 14, <br>1952. <br>Legislative Research Commission Note (7/14/200). This section was amended by 2000 <br>Ky. Acts chs. 136 and 226, which do not appear to be in conflict and have been <br>codified together. <br><br>