KRS 237.210: Effect of changed conditions on nuisance actions involving shooting ranges

-- Standing to sue -- Limitation of liability -- Prohibition against retroactive

application of laws.

(1) No shooting range shall be or shall become a nuisance, either public o r private,

solely as a result of changed conditions in or around the locality of the range if the

range has been in operation for one (1) year since the date on which it commenced

operation as a shooting range. Subsequent physical expansion of the range or

expansion of the types of firearms in use at the range shall not establish a new date

of commencement of operations for purposes of this section unless the change

triples the amount of the noise produced by the shooting range. The increase in the

noise le vel at the shooting range shall be measured by an independent testing

agency or a unit of government and shall compare the highest noise levels during

any one (1) month during which the range is in full operation with a subsequent

month in which the range is in full operation and conducting a comparable level of

shooting activities. Only a person who lives adjacent to the shooting range shall

have standing to bring an action under this section.

(2) No shooting range or unit of government or person owning, o perating, or using a

shooting range for the shooting of firearms shall be subject to any action for civil or

criminal liability, damages, abatement, or injunctive relief resulting from or relating

to noise generated by the operation of the range if the ran ge remains in compliance

with noise control or nuisance abatement administrative regulations, statutes, or

ordinances applicable to the range on the date on which it commenced operation.

(3) No administrative regulations, statutes, or ordinances relating to noise control, noise

pollution, or noise abatement adopted or enacted by a unit of government shall be

applied retroactively to prohibit conduct at a shooting range, which conduct was

lawful and being engaged in prior to the adoption or enactment of the administrative

regulations, statutes, or ordinances.