(a) Notwithstanding Alaska Stat. § 09.45.230, Alaska Stat. § 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

Terms Used In Alaska Statutes 34.75.010

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Contract: A legal written agreement that becomes binding when signed.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(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.