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92_SB2155enr SB2155 Enrolled 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 off-highway motorcycles 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 SB2155 Enrolled -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 the off-road riding facility was 19 the recipient of grants under the Recreational Trails of 20 Illinois Act. 21 (d) The civil immunity in subsection (c) does not apply 22 if there is willful or wanton misconduct outside the normal 23 use of the off-road riding facility.
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