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Ely
Ely, Counselor at Law
Category: Legal
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I live in an unincorparated residential Illinois subdivision,

Resolved Question:

I live in an unincorparated residential Illinois subdivision, our homes are on 150 ft lots
so they are close, my neighbor shoots any thing that moves, birds, squirrels at will on
his lot and the timberland that borders his lot on the back side , which is owned by
Mid American energy. Is it legal for him to do this
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry to hear this.

Essentially, this falls to the question of whether or not this is: (1) animal cruelty, and/or (2) reckless endangerment.

ANIMAL CRUELTY
Under 510 ILCS 70/3.01, no person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal. Notice that this states ANY animal and not just their animals. It is understandable to shoot unwanted animals that may ruin the property, but every animal is taking it over the top a bit.

Arguably, this may be seen as "cruelly treat." Of course, whether or not this fits the definition is for the Court to decide, but even if not, the police non-emergency line may be called even for this itself - the police should investigate (it is the district attorney who decides whether or not to file charges) and simply being talked to by officers may end his actions.

RECKLESS ENDANGERMENT
Under 720 ILCS 5/12-5, this may also be reckless endangerment:

A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that:
(1) cause bodily harm to or endanger the safety of

another person; or
(2) cause great bodily harm or permanent disability

or disfigurement to another person.
(b) Sentence.
Reckless conduct under subdivision (a)(1) is a Class A misdemeanor. Reckless conduct under subdivision (a)(2) is a Class 4 felony.

Since they are shooting guns every which way, this may be reckless endangerment, and this in itself may be even more actionable than animal cruelty.

Finally, there is the possibility of pursuing them civilly for NUISANCE if their guns are not allowing you to reasonably enjoy your property. Please let me know if you are interested in hearing about this as well.

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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