15-20-601. Legislative findings and policy.
The General Assembly hereby finds that caves are uncommon geologic phenomena, and that the minerals deposited therein may be rare and occur in unique forms of great beauty, which are irreplaceable if destroyed. Also irreplaceable are the cultural resources in caves, which are of great scientific and value. It is further found that the organisms, which live in caves, are unusual and of limited numbers; that many are rare and endangered species; and that caves a natural conduit for groundwater flow and are highly subject to water pollution. Thus having far- reaching effects transcending man-made property boundaries. It is therefore declares to be the policy of the state of Arkansas and the intent of this subchapter to protect these unique natural and cultural
Resources. History. Acts 1989, No.523, 1.
15-20-602.Definitions.
As used in this subchapter:
(1) (A) "Cave," means any naturally formed cavity beneath the surface of the earth, which is enterable by man by a natural entrance into the bedrock. For the purposes of this subchapter, "cave" also includes any rock shelter formed by an over hanging bluff whenever the bluff is undercut by at least twenty feet (‘20’);
(B) "Cave" does not include any mine or other human excavation;
(2) "Cave life" means any life–form normally found in a cave or subterranean water system;
(3) "Cold" water solution means solution processes occurring below seventy degrees Fahrenheit (70)
(4) "Archeological site" means physical evidence of human activity which is fifty (50) years old or older;
(5) "Owner" means any person, or the State of Arkansas and of its agencies, departments, boards, commissions, and other political subdivisions, holding any possessory estate in any cave and any as agent of such person or governmental entity;
(6) "Sinkhole" means any impression of the surface or the earth due to solution or collapse of material below the surface; and
(7) (A) " Speleothem" means any minerals deposit form within a cave, including, but not limited to, stalactites, stalagmites, and all other forms of minerals precipitated from cold water solution;
(B) "Speleothem" does not include cementation of sediments by calcium salts. History. Acts 1989, No.523, 2.
15-20-603. Vandalism-Penalties.
(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly:
(1) Break, carve mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner;
(2) Remove from the cave any material protected by this subchapter;
(3) Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained;
(4) Excavate, deface any sign stating the cave is posted or citing provisions of this subchapter;
(5) Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site, which may be found in any cave.
(b) 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. Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating recreational use of private lands. Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or to place small isolated marks where necessary to recover a location critical to a measure marks where necessary to recover to a location critical to a measurement or study.
(c) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. History. Acts 1989,No.523, 3.
15-20-604.Pollution-Penalties.
(a) It shall be unlawful for any person to knowingly store, dump, litter dispose of or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans, in any cave or sinkhole.
(b) It shall be unlawful to burn within a cave or sinkhole any material, which produces any smoke or gas, which is harmful to any organism naturally occurring in the cave.
(c) This section shall not prohibit the operation within a cave of any source of flame capable of being carried in the hand or attached to a person, provide that the heat and exhaust of such device is not directed onto any cave life or used as prohibit in 15-20-603(a).
(d) This section shall not be interpreted to prohibit or regulate any agricultural or silvacultural practice whatever, nor to prohibit or regulate the charging of a fee for admission to cave.
(e) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. History. Acts 1989, no 523, 4.
15-20-605. Cave conservation.
Any cave owner may, at the owner’s discretion and with the consent of the Arkansas Natural Heritage Commission, enter into an agreement with the Arkansas Natural Heritage Commission for the purpose of applying conservation measures to the owner’s cave.
History. Acts 1989, No.523, 5.
15-20-606. Liability of owners limited.
Neither the owner of a cave nor his employees or agents acting within the scope of their authority shall be liable for injuries sustained by any person using the cave. This section is supplemental to any other limitation of landowner may be in effect. History. Acts 1989, 6.
15-20-607. Enforcement
In addition to the enforcement of this subchapter by criminal process, an owner may apply to chancery court of any county in which he has reasonable case to believe conduct prohibited by this subchapter is occurring or about to occur for a temporary or permanent injunction restraining any person from such conduct shall have jurisdiction to grant all proper relief without requiring the owner to post during pendency of the action. History. Acts1989, No.523, 7.
NOTE: A Class A Misdemeanor is a fine of $500.00 or less.