Section 5.1.
/Preamble
Article 5.1.1.
Publication
5.1.1.1.
In accordance with Clause 4.4.2.3. the Rules and Regulations adopted by the Directors shall be considered published when posted in the Community Clubhouse.
Article 5.1.2.
Responsibility
5.1.2.1.
The responsibility for the adherence to the Rules and Regulations as well as for the conduct and behavior of accompanied and/or invited guests shall fully rest with the host member. Guests using Club facilities must be accompanied by a host member. Any person not in the company of a host member shall be regarded as a trespasser. Members who rent their properties shall be responsible for their tenants' conduct, behavior and adherence to the Club Bylaws.
5.1.2.2.
The Board does not have a duty to take enforcement action if it determines that, under the fact and circumstances presented:
1. LISECC’s legal position does not justify taking any or further enforcement action;
2.The restriction or rule being enforced is, or is likely to be construed as, inconsistent with law;
3. Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources;
or
4. It is not in LISECC’s best interests to pursue an enforcement action.
5.1.2.3.
The Board’s decision to not pursue enforcement under one set of circumstances does not prevent the Board from taking enforcement action under another set of circumstances, but the Board may not be arbitrary or capricious in taking enforcement action.
Article 5.1.3.
Animals
5.1.3.1.
(A.) Scenic Estates follows all state and county ordinances concerning Animal Control. LEASH LAW: Dogs that are off-premises (that is, off the owner’s immediate premises) are to be under control by means of a leash, as stipulated by Whatcom County Code Chapter 6.04.040.A. VACCINATION: State of Washington WAS246-100-197(3) mandates that, “An owner of a dog, cat, or ferret shall have it vaccinated and revaccinated against rabies following veterinary and USDA-licensed rabies vaccine manufacturer instructions”. DOG LICENSING: Whatcom County Code 6.04.050 states: “It is unlawful to keep or harbor a dog over seven months of age anywhere in the unincorporated areas of Whatcom Count unless a dog license has been procured for the animal from the county or the county’s authorized agent or agency”.
(B.) For health and safety reasons, only service animals (as defined by Americans with Disabilities Act) are allowed inside the Clubhouse or on the Clubhouse steps and deck area.
(C.) Animals in the Marina area, including the asphalt, the grassy areas, the beach and the boat ramps, and boat launch areas must be on leash and under control. Animal feces must be bagged and properly disposed of.
(D.) Pets are prohibited in the Sanitary Control Area, which includes the swim lake, the lake beach area, the picnic or barbeque area, in or around the Cabana, they playground area, or in the asphalt parking area or driveway near the treatment plant and Cabana area. Individuals are further asked to refrain from walking their pets along the lakeside portions of Dogwood Terrace, Rosewood Terrace, and Carol Lane, as these roads are part of the Sanitary Control Area.
5.1.3.2.
Each LISE member household is limited to keeping no more than two dogs, two cats, two birds, and two female chickens. Following reproduction, the young must be removed from LISE lot premises within 8 weeks of age. No animals may be raised for commercial purposes. If a household wishes to maintain more animals than this regulation stipulates, the owner must petition the Board for a waiver of this mandate. Be advised that there is no guarantee of waiver.
5.1.3.3.
Animals shall not be permitted to chase wildlife at any time anywhere. Animal owners are fully responsible for the behavior of their animals, which includes the actions and noise of their animals. All animals which are permitted to run free in violation of county ordinances will be reported to the Whatcom County Enforcement Agent for action. All animals which are permitted to run free in violation of these Bylaws on Club owned property will be reported to the County Enforcement Agent and to the Board of Directors for action.
