Illinois General Assembly - Full Text of Public Act 098-0847

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Public Act 098-0847

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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.)

Effective Date: 1/1/2015

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