149.401 City or county ordinance banning open burning during fire hazard periods.

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149.401 City or county ordinance banning open burning during fire hazard periods. (1) Without limiting the general authority granted to a county by KRS 67.083 and the general authority granted to a city by KRS 82.082, a city or county may enact an <br>ordinance banning all open burning during periods of extraordinary forest fire <br>hazard or fire occurrence. Such ordinance may authorize the implementation of <br>such a ban by executive order of the chief executive officer upon notice by the <br>division of forestry that a period of extraordinary forest fire hazard or fire <br>occurrence exists. (2) Any ordinance promulgated by a city or county pursuant to subsection (1) of this section may establish penalties for violation of the ordinance not to exceed the <br>penalties set forth in KRS 149.990(2). (3) Any ordinance promulgated by a city or county pursuant to subsection (1) of this section may be enforced by the promulgating body, or by the cabinet, and referred <br>to the appropriate county or Commonwealth attorney for prosecution. Effective: July 15, 1986 <br>History: Created 1986 Ky. Acts ch. 17, sec. 1, effective July 15, 1986.