State of Illinois
92^nd General Assembly
Legislation

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92_SB2155

 
                                               LRB9213467DHmg

 1        AN ACT in relation to civil liabilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Premises  Liability  Act  is amended by
 5    adding Section 4.1 as follows:

 6        (740 ILCS 130/4.1 new)
 7        Sec. 4.1.  Off-road riding facilities; liability.
 8        (a)  As used in this Section, "off-road riding  facility"
 9    means:
10             (1)  an area of land, consisting of a closed course,
11        designed  for  use of off-highway vehicles in events such
12        as but not limited  to  dirt  track,  short  track,  flat
13        track, speedway, drag racing, grand prix, hare scrambles,
14        hill  climb,  ice  racing,  observed trails, mud and snow
15        scrambles, tractor pulls, sled pulls,  truck  pulls,  mud
16        runs,  or  other  contests  of a side by side nature in a
17        sporting event for  practice,  instruction,  testing,  or
18        competition of off-highway vehicles; or
19             (2)  a  thoroughfare  or  track  across land or snow
20        used for or all-terrain vehicles.
21        (b)  An owner or operator of an off-road riding  facility
22    in  existence  on January 1, 2002 is immune from any criminal
23    liability arising out of or as  a  consequence  of  noise  or
24    sound emissions resulting from the normal use of the off-road
25    riding  facility.   An owner or operator of a off-road riding
26    facility is not subject to any action for public  or  private
27    nuisance  or  trespass, and no court in this State may enjoin
28    the use or operation of a off-road  riding  facility  on  the
29    basis  of  noise or sound emissions resulting from the normal
30    use of the off-road riding facility.
31        (c)  An owner or operator of a off-road  riding  facility
 
                            -2-                LRB9213467DHmg
 1    placed in operation after January 1, 2002, is immune from any
 2    criminal  liability  and  is  not  subject  to any action for
 3    public or private nuisance or trespass arising out of or as a
 4    consequence of noise or sound emissions  resulting  from  the
 5    normal  use  of the off-road riding facility, if the off-road
 6    riding  facility  conforms  to  any  one  of  the   following
 7    requirements:
 8             (1)  All areas from which an off-road vehicle may be
 9        properly  operated  are  at  least  1,000  feet  from any
10        occupied permanent dwelling on adjacent property  at  the
11        time the facility was placed into operation.
12             (2)  The  off-road  riding  facility  is situated on
13        land otherwise subject to    land  use  zoning,  and  the
14        off-road riding facility was not prohibited by the zoning
15        authority  at  the  time  the  facility  was  placed into
16        operation.
17             (3)  The off-road riding facility is operated  by  a
18        governmental  entity  or is licensed by the Department of
19        Natural Resources.

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