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92nd General Assembly

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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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