Public Act 0847 98TH GENERAL ASSEMBLY |
Public Act 098-0847 |
SB3290 Enrolled | LRB098 17806 HEP 52929 b |
|
|
AN ACT concerning civil law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Premises Liability Act is amended by |
changing Section 4.1 as follows:
|
(740 ILCS 130/4.1)
|
Sec. 4.1. Off-road riding facilities; liability.
|
(a) As used in this Section, "off-road riding
facility" |
means:
|
(1) an area of land, consisting of a closed course, |
designed for
use of off-highway vehicles in events such as, |
but not limited to, dirt track,
short track, flat track, |
speedway, drag racing, grand prix, hare scrambles,
hill
|
climb, ice racing, observed trails, mud and snow scrambles, |
tractor pulls,
sled pulls, truck pulls, mud runs, or other |
contests of a side-by-side nature
in
a
sporting event for |
practice, instruction, testing, or competition of
|
off-highway
vehicles; or
|
(2) a thoroughfare or track across land or snow used |
for
off-highway motorcycles or all-terrain vehicles.
|
(b) An owner or operator of an off-road riding facility in |
existence on
January 1, 2002 is immune from any criminal |
liability arising out of or as a
consequence of noise or sound |
|
emissions resulting from the normal use of
the off-road riding |
facility.
An owner or operator of a off-road
riding facility is |
not subject to any
action for public or private nuisance or |
trespass, and no court in this State
may enjoin the use or |
operation of a off-road riding facility
on the basis of noise |
or sound emissions resulting from the
normal use of the |
off-road riding facility.
|
(c) An owner or operator of a off-road riding facility |
placed in operation
after January 1, 2002 is immune from any |
criminal liability and is not subject
to
any action for public |
or private nuisance or trespass arising out of or as a
|
consequence of noise or sound emissions resulting from the |
normal use of
the off-road riding facility, if the off-road |
riding facility conforms to any
one of
the following |
requirements:
|
(1) All areas from which an off-road vehicle may be |
properly operated
are at least 1,000 feet from any occupied |
permanent dwelling on
adjacent property at the time the |
facility was placed into operation.
|
(2) The off-road riding facility is situated on land |
otherwise subject to
land use zoning, and the off-road |
riding facility was not prohibited by
the zoning authority |
at the time the facility was placed into operation.
|
(3) The off-road riding facility is operated by a |
governmental
entity or
the off-road riding facility was the |
recipient of grants
under the Recreational Trails of |
|
Illinois Act.
|
(d) The civil immunity in subsection (c) does not apply if |
there is
willful or wanton misconduct outside the normal use of |
the off-road riding
facility.
|
(Source: P.A. 92-857, eff. 1-1-03.)
|