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| Public Act 098-0847 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Premises Liability Act is amended by | ||||
changing Section 4.1 as follows:
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(740 ILCS 130/4.1)
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Sec. 4.1. Off-road riding facilities; liability.
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(a) As used in this Section, "off-road riding
facility" | ||||
means:
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(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
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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
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off-highway
vehicles; or
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(2) a thoroughfare or track across land or snow used | ||||
for
off-highway motorcycles or all-terrain vehicles.
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(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.
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(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
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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:
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(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.
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(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.
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(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.
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(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.
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(Source: P.A. 92-857, eff. 1-1-03.)
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