ANIMAL CONTROL REGULATIONS as of January 13, 1993 I INTENT 1.1 Enforcement of Declaration. It is the intent of the Board of Directors in adopting this Regulation to provide methods to enforce the provisions contained in the Genesee Declaration of Covenants, Conditions and Restrictions, as amended (the "Declaration"), that animal owners keep their animals under immediate control at all times and that such animals not be permitted to roam at will. II DEFINITIONS As used in the Regulation, the following words shall have the following meanings: 2.1 Harbor: the owner or occupant of any lot or residence to which an animal customarily returns daily for food and care is conclusively presumed to be harboring such animal within the meaning of the Regulation. 2.2 Member: a Member of the Foundation, as defined in the Declaration. 2.3 Property: the real property subject to the Declaration, except within the boundaries of residences and appurtenant structures (such as dog runs) which have been approved by the Genesee Architectural Review Committee. III VIOLATIONS 3.1 Control Requirements. A Member violates this Regulation if any animal which is owner controlled, kept or harbored by such Member or such Member's tenant (or by the minor child, guest, agent, contractor or subcontract of such Members or such Member's tenant) is not under immediate control while on the Property. 3.2 Invisible Electrical Fences. If an animal is confined within the boundaries of a Member's lot by use of an "invisible electrical fence" or similar device from time to time, whether or not such animal is deemed to be "under immediate control" while within such fence for the purposes of this Regulation shall be determined by the specific circumstances involved, including, but not necessarily limited to, the following: a) the effectiveness of such fence in confining such animal; b) the number and nature of any complaints relating to such animal; c) the proximity of such fence to lots of other Members, open space, public streets or private devices; d) the behavior of such animal while within such fence; e) The effect or potential effect of such animal on other domestic animals in the vicinity; f) The effect of such animal on wildlife in the vicinity; and/or g) The amount of time that such animal is customarily left unattended within such fence. 3.3 Tag Requirement. A Member violates the Regulations if such Member or such Member's minor child owns, controls, keeps or harbors an animal which is not wearing a tag bearing such animal's owner's name and telephone number while on the Property. 3.4 First Sighting. A resident will receive one warning prior to any fines being levied. The warning letter will remind them of the need for animal control in Genesee and will include a copy of the animal control regulations. In addition, the Foundation staff will have a copy of the rules available to give the residents when loose dogs are returned to them. 3.5 Resident Sighting. Fines will not be levied on the basis of a resident complaint unless a Member of the Foundation Staff or Jeffco Animal Control also observes the violation; however, the Covenants Coordinator will send a polite sighting letter to the owner reminding that owners of the animal control policy. This letter will go on file and if another resident compliant is received by the office, a phone call will follow. 3.6 Second and Subsequent Sighting. The second and subsequent observations by a Foundation staff member of a violation of the animal control regulations (after one warning letter has been sent) will result in a fine. IV FINE SCHEDULE; IMPOUNDING 4.1 Amount of Fines. The following fine schedule for violations of the Regulation by a Member is hereby adopted: Number of Violations Within Any 12-month Period Amount of Fine If Paid Within 30 Days of Notice Amount of FineIf Not Paid Within 30 Days of Notice First $25.00 $ 50.00 Second & Additional $50.00 $100.00 4.2 Delinquent Fines. Fines which are not paid within 60 days of notice shall be subject to the same penalties and interest charges as delinquent assessments and shall be collectible in the same manner as delinquent assessments. 4.3 Notice of Fines. Notice of fine shall be deemed to have been received by a Member for the purposes of this Regulation when a written statement of such fine is (i) personally delivered to such Member, (ii) placed in or adjacent to such Member's mailbox, or (iii) deposited in the United States mail, postage prepaid, addressed to such Member at such Member's address as shown in the record of the Foundation. 4.4 Impounding. The Foundation may impound animals not under immediate control while on the Property to be delivered to the Jefferson County Animal Shelter or other facility maintained by Jefferson County for the impounding of stray animals. 4.5 Jefferson County. The Foundation may cause animals not under immediate control while on the Property to be delivered to the Jefferson County Animal Shelter or other facility maintained by Jefferson County for the impounding of stray animals. 4.6 Other Foundation Rights. The rights and remedies of the Foundation and the fine schedule set forth in this Regulation (i) shall not preclude the Foundation from exercising any other rights available to it under the Declaration or the Foundation's Bylaws (e.g., bringing an action for injunction, or suspending the violating Member's rights to the use and enjoyment of the facilities controlled by the Foundation), and (ii) shall be in additional to any fines, impound fees or other sanctions which may be imposed by Jefferson County or the Jefferson County Animal Shelter or other facility maintained by Jefferson County. V MISCELLANEOUS PROVISIONS 5.1 Disposition of Fines. All fines and other amounts collected by the Foundation in connection with this Regulation shall be paid into the general fund of the Foundation. 5.2 Notice of Regulation. Copies of this Regulation shall be posted at the Vista Clubhouse and the Foothills Clubhouse. Copies of this Regulation shall also be available to Members at the Foundation Office, without charge. 5.3 Severability. Should any portion of this Regulation be determined by any court of competent jurisdiction to be invalid, such determination shall not affect, impair or invalidate the balance of this Regulation. 5.4 Enforcement. The management of the Foundation shall enforce the provision of this Regulation pursuant to the directions of the Board of Directors. 5.5 Appeal Process. An appeal may be made in writing to the Board of Directors who will rule on the protest of any resident who believes that an animal fine is improperly or unfairly imposed. The running of the 30-day period referred to in Section 4.1 shall not be suspended during any such protest; however, if such protest results in the lowering or waiving of such fine after the applicable fine was paid, the Foundation shall promptly refund the appropriate amount to the applicable Member. 5.6 Previous Regulation. Effective January 13, 1993, this Regulation shall supersede the existing Genesee Animal Control Regulation which was adopted April 17, 1985 and amended September 17, 1986, July 1, 1989, February 22, 1992, and June 1, 1990 by the Board of Directors. 5.7 Effective Date. The effective date of this Regulation shall be January 13, 1993.