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Public Act 92-0857
SB2155 Enrolled LRB9213467DHmg
AN ACT in relation to civil liabilities.
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
adding Section 4.1 as follows:
(740 ILCS 130/4.1 new)
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.
Passed in the General Assembly May 30, 2002.
Governor Amendatory Veto August 23, 2002.
Amendatory Veto overriden December 03, 2002.
Effective January 01, 2003.
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