§ 58-183. Enforcement procedure.  


Latest version.
  • (a)

    When the health officer has reason to believe that a habitable structure is being used by bats to roost, the health officer shall give to the owner of the structure a written warning of a potential violation of this article. Notice shall be given as required by V.T.C.A., Texas Health and Safety Code, § 342.006.

    (b)

    A person responsible for maintaining the structure where bats are roosting who fails to take necessary measures to exclude the bats from the structure within 15 days of receipt of the notice shall be guilty of a misdemeanor and may be fined up to $2,000.00.

    (c)

    It is a defense to prosecution under this section that the person has, within 15 days of receiving the notice set out in subsection (a) of this section, attempted in good faith to take reasonable measures, and is continuing to take additional reasonable measures, to exclude the bats from the structure.

(Ord. No. O-51-10, § I, 9-27-2010)