Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 130/4.1

(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 use of
the off-road riding facility.
An owner or operator of an 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 an off-road riding facility
on the basis of noise or sound emissions resulting from the
 use of the off-road riding facility.

(c) An owner or operator of an 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 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. 98-847, eff. 1-1-15; 99-642, eff. 7-28-16.)