Sec. 34.75.010. Limitation on actions arising from noise level.

241 words·~1 min read·/ak/title-34/chapter-75/34-75-010

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Notwithstanding AS 09.45.230 , AS 11.61.110 , and any other state or municipal law, except

(b)of this section and except as may be otherwise provided by federal law, a person may not bring a civil or criminal action against a person who operates or uses a sport shooting facility or a private airport facility if the action arises out of the noise level resulting from the normal operation or use of the facility and if the facility

(1)was established or began operation before any noise control law applied to the facility; or

(2)complies with the noise control laws that applied to the facility when the facility was established or began operation.

(b)The prohibition in

(a)of this section does not apply to an action that arises out of

(1)a contract;

(2)a personal injury suffered by a person while on the premises of the facility; or

(3)a substantial change in the use of the facility.

(c)Except as may be otherwise provided by federal law, even if otherwise allowed by

(a)and

(b)of this section, a person may not bring a nuisance action for noise level against a facility located in the vicinity of the person's property if the facility was established before the person acquired the property, unless the facility substantially changes the use of the facility after the person acquires the property.