(A) It is a defense to prosecution under § 131.03 above that a person discharges a shotgun, air rifle or pistol, or BB gun upon a tract of ten acres or more under one ownership, with the effective consent of the owner(s) and any tenant(s) residing thereon, and more than 100 feet from a residence or occupied building or developed area, provided that the firearm is not discharged in a manner as would reasonably be expected to cause any projectile to cross the boundary of the tract onto other premises.
(B) It is a defense to prosecution under § 131.03 above that a person discharging a center fire or rim fire rifle of any caliber upon a tract of 50 acres or more under one ownership, with the effective consent of the owner(s) and any tenant(s) residing thereon, and more than 300 feet from a residence or occupied building located on another property, or developed area, provided that the rifle is not discharged in a manner as would reasonably be expected to cause any projectile to cross the boundary of the tract onto other premises.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPED AREA. Any predominantly residential area, either a platted subdivision or group of residences which are built and developed in close proximity to each other or on tracts of land of less than five acres per residence.
EFFECTIVE CONSENT. The consent of a person authorized to act, or whom the shooter reasonably believed was so authorized.
ONE OWNERSHIP. An un-subdivided parcel, which may be owned by a person, corporation or other entity, or by a combination thereof, or tenant in common.
(Ord. 08-353, passed 6-17-2008) Penalty, see § 131.99