SB 8 AM: "An Act relating to the noise levels of airports and sport shooting facilities."
00SENATE BILL NO. 8 am 01 "An Act relating to the noise levels of airports and sport shooting facilities." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 34 is amended by adding a new chapter to read: 04 Chapter 75. Noise Levels of Sport Shooting 05 Facilities and Private Airport Facilities. 06 Sec. 34.75.010. Limitation on actions arising from noise level. (a) 07 Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or municipal law, 08 except (b) of this section and except as may be otherwise provided by federal law, a 09 person may not bring a civil or criminal action against a person who operates or uses 10 a sport shooting facility or a private airport facility if the action arises out of the noise 11 level resulting from the normal operation or use of the facility and if the facility 12 (1) was established or began operation before any noise control law 13 applied to the facility; or 14 (2) complies with the noise control laws that applied to the facility
01 when the facility was established or began operation. 02 (b) The prohibition in (a) of this section does not apply to an action that arises 03 out of 04 (1) a contract; 05 (2) a personal injury suffered by a person while on the premises of the 06 facility; or 07 (3) a substantial change in the use of the facility. 08 (c) Except as may be otherwise provided by federal law, even if otherwise 09 allowed by (a) and (b) of this section, a person may not bring a nuisance action for 10 noise level against a facility located in the vicinity of the person's property if the 11 facility was established before the person acquired the property, unless the facility 12 substantially changes the use of the facility after the person acquires the property. 13 Sec. 34.75.020. Time limitation on nuisance actions. Except as may 14 otherwise be provided by federal law, a person may not bring a nuisance action 15 otherwise allowed under this chapter for the level of noise against a facility unless the 16 action is brought within five years after the facility is established or begins operation 17 or, if the action is brought after a substantial change in the use of the facility, within 18 three years after the substantial change. In this section, "established" includes 19 resuming shooting activity at a sport shooting facility if there has not been shooting 20 activity at the facility for three or more years, or resuming airport activity at a private 21 airport facility if there has not been airport activity at the facility for three or more 22 years. 23 Sec. 34.75.030. State and municipal regulation. (a) Notwithstanding 24 AS 02.15.020 and AS 02.25.020, the state or a municipality may not regulate the 25 outdoor level of noise at a facility if the facility is exempt from a criminal or civil 26 action under AS 34.75.010(a). 27 (b) Except as otherwise provided in this chapter, a municipality may regulate 28 the noise level produced by a facility. 29 Sec. 34.75.040. Construction and meaning of "substantial change in the 30 use." In this chapter, the phrase "substantial change in the use" shall be strictly construed to maximize the immunit 31 from civil and criminal actions provided under
01 AS 34.75.010 - AS 34.75.020 for sport shooting facilities and private airport facilities. 02 In this chapter, "substantial change in the use" does not include a mere increase in the 03 frequency of flights or the number of shots. 04 Sec. 34.75.090. Definitions. In this chapter, unless the context indicates 05 otherwise, 06 (1) "airport facility" means an area of land or water that is used or 07 intended for use for the landing and takeoff of aircraft, including appurtenant areas that 08 are used or intended for use as airport buildings or rights-of-way; in this paragraph, 09 "aircraft" includes fixed-wing and rotor aircraft; 10 (2) "facility" means a sport shooting facility or a private airport facility; 11 (3) "law" means a state statute or regulation or an ordinance of a 12 municipality; 13 (4) "person" includes the state, a state agency, and a municipality; 14 (5) "private" means an airport that is privately owned and operated; 15 airports owned, operated, or leased by the state, a municipality, or a political 16 subdivision of the state or a local government are considered public airports; 17 (6) "sport shooting facility" means real property operated for the use 18 of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or similar 19 activity related to sport shooting. 20 * Sec. 2. AS 34.75.010, enacted by sec. 1 of this Act, does not prohibit 21 (1) the bringing of civil actions for causes of action that accrue before the 22 effective date of this Act; or 23 (2) the prosecution of criminal actions for activity that occurs before the 24 effective date of this Act.