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625 ILCS 40/5-1
(625 ILCS 40/5-1) (from Ch. 95 1/2, par. 605-1)
Sec. 5-1.
Operation Generally.
It is unlawful for any person to drive
or operate any snowmobile in the following ways:
A. At a rate of speed too fast for conditions and the fact that the
speed of the snowmobile does not exceed the applicable maximum speed
limit allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person or vehicle
or object within legal requirements and the duty of all persons to use
due care.
B. In a careless, reckless, or negligent manner.
C. (Blank)
D. At any time without at least one lighted headlamp and one lighted
tail lamp on the snowmobile.
E. Within any nature preserve.
F. On the tracks or right of way of an operating railroad.
G. In any tree nursery or planting in a manner which damages or
destroys growing stock, or creates a substantial risk thereto.
H. On private property, without the written or verbal consent of the
owner or lessee thereof. Any person operating a snowmobile upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if requested to do
so by the landowner shall promptly remove the snowmobile from the premises.
I. Notwithstanding any other law to the contrary, an owner, lessee,
or occupant of premises owes no duty of care to keep
the premises safe for entry or use by others for snowmobiling, or to
give warning of any condition, use, structure or activity
on such premises. This subsection does not apply where permission to
snowmobile is given for a valuable consideration other than to this
State, any political subdivision or municipality thereof, or any landowner
who is paid with funds from the Snowmobile Trail Establishment Fund. In
the case of land leased to the State or a subdivision thereof, any
consideration received is not valuable consideration within the meaning of
this section. Nothing in this section limits in any way liability which
otherwise exists for willful or malicious failure to guard or warn against
a dangerous condition, use, structure, or activity.
J. Notwithstanding any other law to the contrary, an owner, lessee
or occupant of premises who gives permission to
another to snowmobile upon such premises does not thereby extend any
assurance that the premises are safe for such purpose, or assume
responsibility for or incur liability for any injury to person or
property caused by any act or omission of persons to whom the
permission to snowmobile is granted.
This subsection shall not apply where permission to snowmobile is given
for a valuable consideration other than to this State, any political
subdivision or municipality thereof, or any landowner who is paid with funds
from the Snowmobile Trail Establishment Fund. In the case of land leased
to the State or a subdivision thereof, any consideration received is not
valuable consideration within the meaning of this section. Nothing in this
section limits in any way liability which otherwise exists for willful or
malicious failure to guard or warn against a dangerous condition, use,
structure, or activity.
K. On the frozen surface of public waters of this State within 100
feet of a person, including a skater not in or upon a
snowmobile; within
100 feet of a person engaged in fishing, except at the minimum speed
required to maintain forward movement of the snowmobile; on an area
which has been cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
L. Within 100 feet of a dwelling between midnight and 6 a.m. at a
speed greater than the minimum required to maintain forward movement of
the snowmobile. This provision would not apply on private property
where verbal or written consent of the owner or lessee has been granted
to snowmobile upon such private property or frozen waters of this State.
M. Notwithstanding any other law to the contrary, any owner, lessee
or occupant of premises or any person or association
who, with the permission of the owner of the premises, places, maintains
or displays a sign, signal, marking or device to give warning of any unsafe
condition on the premises for snowmobiling shall not be liable for any personal
injuries allegedly caused by his or her acts or omissions in providing such
warning unless the alleged misconduct was willful or malicious. This
subsection shall not apply where the owner, occupant or lessee of the
premises grants express permission for snowmobiling in exchange for
valuable consideration. However, this subsection will apply where such
consideration is given to such owner, occupant or lessee by the State or
one of its political subdivisions.
N. Notwithstanding any other law or Section of this Act to the
contrary, the State and any political subdivision or municipality thereof
owes no duty of care to keep the premises safe for entry or use by others
for snowmobiling or to guard against or give warnings of any condition,
use, structure or activity on property in which the State and any political
subdivision or municipality thereof has any interest.
(Source: P.A. 89-55, eff. 1-1-96.)
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