A. There shall be a rebuttable presumption that the following acts are for the purpose of feeding deer.
1. The placement of one-half cubic foot or more of grain, fruit, vegetables, nuts, hay, salt, mineral or other edible material, either on the ground or at a height of less than five feet above the ground.
2. The placement of grain, fruit, vegetables, nuts, hay, salt, mineral or other edible material in an aggregate quantity of greater than one-half cubic foot in a drop feeder, automatic feeder or similar device regardless of the height of the grain, fruit or vegetable material.
B. It shall be an affirmative defense to any prosecution hereunder that the placement of grain, mineral, fruit, plant, salt, vegetable, or other material in an aggregate quantity of greater than one-half cubic foot or more was placed not less than five feet above the ground and was not accessible to deer, or that the unnatural food source was placed in good faith for the purpose of feeding domestic livestock or pets by or at the request of a person owning or having responsibility for such domestic livestock or pets, or that the unnatural food source was placed in good faith for a purpose other than attracting deer or other wildlife and that the attraction of deer is only an incidental result. (Ord. 636 (part), 2006)