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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Premises Liability Act is amended by | ||||||
| 5 | changing Section 4.1 as follows:
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| 6 | (740 ILCS 130/4.1)
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| 7 | Sec. 4.1. Off-road riding facilities; liability.
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| 8 | (a) As used in this Section, "off-road riding
facility" | ||||||
| 9 | means:
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| 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
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| 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
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| 18 | off-highway
vehicles; or
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| 19 | (2) a thoroughfare or track across land or snow used | ||||||
| 20 | for
off-highway motorcycles or all-terrain vehicles.
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| 21 | (b) An owner or operator of an off-road riding facility in | ||||||
| 22 | existence on
January 1, 2002 is immune from any criminal | ||||||
| 23 | liability arising out of or as a
consequence of noise or sound | ||||||
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| 1 | emissions resulting from the normal use of
the off-road riding | ||||||
| 2 | facility.
An owner or operator of a off-road
riding facility is | ||||||
| 3 | not subject to any
action for public or private nuisance or | ||||||
| 4 | trespass, and no court in this State
may enjoin the use or | ||||||
| 5 | operation of a off-road riding facility
on the basis of noise | ||||||
| 6 | or sound emissions resulting from the
normal use of the | ||||||
| 7 | off-road riding facility.
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| 8 | (c) An owner or operator of a off-road riding facility | ||||||
| 9 | placed in operation
after January 1, 2002 is immune from any | ||||||
| 10 | criminal liability and is not subject
to
any action for public | ||||||
| 11 | or private nuisance or trespass arising out of or as a
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| 12 | consequence of noise or sound emissions resulting from the | ||||||
| 13 | normal use of
the off-road riding facility, if the off-road | ||||||
| 14 | riding facility conforms to any
one of
the following | ||||||
| 15 | requirements:
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| 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.
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| 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.
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| 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.
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| 2 | (d) The civil immunity in subsection (c) does not apply if | ||||||
| 3 | there is
willful or wanton misconduct outside the normal use of | ||||||
| 4 | the off-road riding
facility.
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| 5 | (Source: P.A. 92-857, eff. 1-1-03.)
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