SB3290 EnrolledLRB098 17806 HEP 52929 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Premises Liability Act is amended by
5changing Section 4.1 as follows:
 
6    (740 ILCS 130/4.1)
7    Sec. 4.1. Off-road riding facilities; liability.
8    (a) As used in this Section, "off-road riding facility"
9means:
10        (1) an area of land, consisting of a closed course,
11    designed for use of off-highway vehicles in events such as,
12    but not limited to, dirt track, short track, flat track,
13    speedway, drag racing, grand prix, hare scrambles, hill
14    climb, ice racing, observed trails, mud and snow scrambles,
15    tractor pulls, sled pulls, truck pulls, mud runs, or other
16    contests of a side-by-side nature in a sporting event for
17    practice, instruction, testing, or competition of
18    off-highway vehicles; or
19        (2) a thoroughfare or track across land or snow used
20    for off-highway motorcycles or all-terrain vehicles.
21    (b) An owner or operator of an off-road riding facility in
22existence on January 1, 2002 is immune from any criminal
23liability arising out of or as a consequence of noise or sound

 

 

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1emissions resulting from the normal use of the off-road riding
2facility. An owner or operator of a off-road riding facility is
3not subject to any action for public or private nuisance or
4trespass, and no court in this State may enjoin the use or
5operation of a off-road riding facility on the basis of noise
6or sound emissions resulting from the normal use of the
7off-road riding facility.
8    (c) An owner or operator of a off-road riding facility
9placed in operation after January 1, 2002 is immune from any
10criminal liability and is not subject to any action for public
11or private nuisance or trespass arising out of or as a
12consequence of noise or sound emissions resulting from the
13normal use of the off-road riding facility, if the off-road
14riding facility conforms to any one of the following
15requirements:
16        (1) All areas from which an off-road vehicle may be
17    properly operated are at least 1,000 feet from any occupied
18    permanent dwelling on adjacent property at the time the
19    facility was placed into operation.
20        (2) The off-road riding facility is situated on land
21    otherwise subject to land use zoning, and the off-road
22    riding facility was not prohibited by the zoning authority
23    at the time the facility was placed into operation.
24        (3) The off-road riding facility is operated by a
25    governmental entity or the off-road riding facility was the
26    recipient of grants under the Recreational Trails of

 

 

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1    Illinois Act.
2    (d) The civil immunity in subsection (c) does not apply if
3there is willful or wanton misconduct outside the normal use of
4the off-road riding facility.
5(Source: P.A. 92-857, eff. 1-1-03.)