State of Illinois
92^nd General Assembly
Legislation

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92_SB2155enr

 
SB2155 Enrolled                                LRB9213467DHmg

 1        AN ACT in relation to civil liabilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Premises  Liability  Act  is amended by
 5    adding Section 4.1 as follows:

 6        (740 ILCS 130/4.1 new)
 7        Sec. 4.1.  Off-road riding facilities; liability.
 8        (a)  As used in this Section, "off-road riding  facility"
 9    means:
10             (1)  an area of land, consisting of a closed course,
11        designed  for  use of off-highway vehicles in events such
12        as, but not limited to, dirt  track,  short  track,  flat
13        track, speedway, drag racing, grand prix, hare scrambles,
14        hill  climb,  ice  racing,  observed trails, mud and snow
15        scrambles, tractor pulls, sled pulls,  truck  pulls,  mud
16        runs,  or  other  contests  of a side-by-side nature in a
17        sporting event for  practice,  instruction,  testing,  or
18        competition of off-highway vehicles; or
19             (2)  a  thoroughfare  or  track  across land or snow
20        used for off-highway motorcycles or all-terrain vehicles.
21        (b)  An owner or operator of an off-road riding  facility
22    in  existence  on January 1, 2002 is immune from any criminal
23    liability arising out of or as  a  consequence  of  noise  or
24    sound emissions resulting from the normal use of the off-road
25    riding  facility.   An owner or operator of a off-road riding
26    facility is not subject to any action for public  or  private
27    nuisance  or  trespass, and no court in this State may enjoin
28    the use or operation of a off-road  riding  facility  on  the
29    basis  of  noise or sound emissions resulting from the normal
30    use of the off-road riding facility.
31        (c)  An owner or operator of a off-road  riding  facility
 
SB2155 Enrolled            -2-                 LRB9213467DHmg
 1    placed  in operation after January 1, 2002 is immune from any
 2    criminal liability and is  not  subject  to  any  action  for
 3    public or private nuisance or trespass arising out of or as a
 4    consequence  of  noise  or sound emissions resulting from the
 5    normal use of the off-road riding facility, if  the  off-road
 6    riding   facility  conforms  to  any  one  of  the  following
 7    requirements:
 8             (1)  All areas from which an off-road vehicle may be
 9        properly operated  are  at  least  1,000  feet  from  any
10        occupied  permanent  dwelling on adjacent property at the
11        time the facility was placed into operation.
12             (2)  The off-road riding  facility  is  situated  on
13        land  otherwise  subject  to    land  use zoning, and the
14        off-road riding facility was not prohibited by the zoning
15        authority at  the  time  the  facility  was  placed  into
16        operation.
17             (3)  The  off-road  riding facility is operated by a
18        governmental entity or the off-road riding  facility  was
19        the  recipient of grants under the Recreational Trails of
20        Illinois Act.
21        (d)  The civil immunity in subsection (c) does not  apply
22    if  there  is willful or wanton misconduct outside the normal
23    use of the off-road riding facility.

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