Spotlighting during the night is only allowed in the unincorporated areas of the county under the following conditions.
(A) Permit required. The person desiring to spotlight must obtain a written permit to do the same from the county through its designated representatives at the County Sheriff’s office. Said permit shall be effective for a period of six months.
(B) Notification required. The person obtaining a permit must notify the County Sheriff’s office by telephone or other means of his or her intent to spotlight and the proposed location of the spotlighting at least one hour and not more than 24 hours prior to engaging in spotlighting.
(C) Distance to structures. Spotlighting is not allowed within 600 feet of a house, dwelling or any other building, or any other structure where a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen or stockyard, except as provided under division (E) below.
(D) Private land; permission required. A person desiring to spotlight on private land must have the written permit referred to in division (A) above and also written permission of the landowner or his or her agent referring specifically to the date and time spotlighting is to be allowed on said land. The person spotlighting on private land must have said writing on his or her person when spotlighting on said private land.
(E) Exceptions. This subchapter does not prohibit any person who is lawfully acting to protect his or her crops or domestic animals from predation by those animals from spotlighting, nor does it prohibit an animal damage control agent acting in his or her official capacity under a memorandum of agreement with the state’s Division of Wildlife. Nor does this subchapter apply to agents specifically hired to protect crops or domestic animals from predation. This subchapter does not prohibit a peace officer or conservation officer acting in the line of duty from spotlighting.
(F) Persons under 15 years. A person 15 years of age or younger must be accompanied by his or her parent or legal guardian, or other responsible person 21 years of age or older. ACCOMPANIED means at a distance within which visual and verbal communication is maintained for the purpose of advising and assisting.
(Prior Code, § 5-9-3) (Ord. 185, passed 5-6-1998) Penalty, see § 91.99