1. Purpose
1.1. This Rule A.3 is drafted in accordance with Article IV, Section 3(f) of the Amended and Restated General Declaration of Covenants and Restrictions of the Big Canoe Property Owners Association (POA) and the Big Canoe Company as may be amended.
1.2. This Rule A.3 establishes the rules and controls applicable to vehicle operation within Big Canoe by Property Owners, Tenants and their Guests.
1.3. Corresponding rules and controls applicable to vehicle and work equipment operation by contractor, delivery, and service personnel are contained in Rule B.4.
1.4. Vehicle parking restrictions are covered in the applicable provisions of Rule A.7.
2. Traffic Rules
2.1. All vehicles on Big Canoe roads must travel no faster than conditions safely permit, and no faster than the posted speed limit.
2.2. Vehicles must remain on right side of the road at all times.
2.3. On one-way roads vehicles are strictly prohibited from traveling in the direction opposite to that designated.
2.4. Passing of another moving vehicle is strictly prohibited.
2.5. Vehicles must come to a complete stop at all “Stop” signs.
2.6. In the absence of any “Stop” sign, vehicles entering a through street from a side street must yield to traffic on the through street.
2.7. Vehicles entering any intersection other than those covered by 2.5 and 2.6 above must proceed slowly and yield to traffic entering the intersection from their right.
2.8. Vehicles must not be driven recklessly so as to endanger the life or property of others.
2.9. Vehicular traffic must yield the right-of-way to pedestrian traffic at all times.
2.10. All traffic and vehicle control signs posted under the authority of the Property Owners Association must be obeyed.
2.11. Illegally entering the Big Canoe community through any of its entrance gates, assisting in unauthorized entry or transferring a pass or transponder to another vehicle or person is prohibited.
2.12. All drivers and passengers inside all vehicles must wear safety belts while the vehicle is in operation
2.13. All drivers and passengers under the age of 18 must ride inside the passenger compartment of the vehicle and be properly secured by a seat belt.
3. Vehicle Restrictions
3.1. Certain motorized vehicles are strictly prohibited from being operated by Property Owners, Tenants and Guests anywhere within Big Canoe. This list includes, but is not limited to, motorcycles, motor scooters, motorized bicycles, motorized trail bikes, and all-terrain vehicles.
3.2. Golf carts are prohibited from operating on any roads of Big Canoe except as specifically marked for golf cart travel or crossing. All-terrain vehicles used by Big Canoe employees must have their lights flashing while traveling on Big Canoe roads.
3.3. Low-speed Vehicles (LSV’s) and Personal Transportation Vehicles (PTV’s) as defined in
Georgia Code O.C.G.A. 40-1-1 are prohibited from operating anywhere within currently
covenanted Big Canoe as of March 30, 2023 continuing through May 23, 2023, at which time
this prohibition will be reviewed. LSV tag #’s already owned by a Big Canoe Property Owner as
of March 30, 2023 may continue to travel on Big Canoe roads if registered with Public Safety
prior to April 14, 2023.
3.4. Single body vehicles with a maximum width of more than eight (8) feet (including load), and/or a maximum length of more than thirty-six (36) feet (including load), shall not be permitted to enter Big Canoe unless escorted by another vehicle equipped with flashing yellow lights. The Property Owner who is responsible for the vehicle is also responsible for escort arrangements during all travel within Big Canoe.
3.5. Truck trailer combinations may exceed thirty-six (36) feet in maximum length (including load) as long as the trailer does not exceed thirty-six (36) feet. If this length is exceeded, or if either unit exceeds eight (8) feet in maximum width, the above escort arrangement provision applies.
3.6. No double trailers are permitted.
4. Vehicle Registration and Insurance
4.1. All vehicles operated within Big Canoe must display a valid license tag and must have proper insurance as required by the State in which the license tag was issued.
4.2. Public Safety reserves the right to review proof of current insurance.
5. Vehicle Condition
5.1. All vehicles operating within Big Canoe shall be in good repair with all major systems functioning properly. Brakes and drive train shall be capable of traversing the terrain with no risk to the operator or to other traffic or property. Exhaust systems deemed excessively loud per A.16 Noise Control are prohibited. Proof of condition may be required.
5.2. All vehicles shall have properly working lights including taillights, stoplights, and front and back turn indicators.
5.3. All trailers shall have properly working lights including taillights, stoplights, and turn indicators.
5.4. Vehicle must be free of excessive debris.
6. Operator Requirements
6.1. Operators must hold a valid operator’s license appropriate for their type of vehicle and must be able to produce this license when requested to do so by Big Canoe Public Safety.
7. Enforcement
7.1. Big Canoe Public Safety will enforce these rules using all reasonable means at their disposal, including the use of radar, laser, video and other devices.
7.2. Violations of the above Rules and Regulations by Property Owners, Tenants and Guests will subject the Property Owner, Tenants and Guests to sanctions in accordance with Section 8 following.
7.3. Minor offenses may result in a verbal or written warning.
8. Sanctions
8.1. All vehicles
8.1.a. First offense 11 to 15 MPH over limit $50; Second and future offenses $100
8.1.b. First offense 16 to 20 MPH over limit $75; Second and future offenses $150
8.1.c. First offense 21+ MPH over limit $100; Second and future offenses $200
8.2. Reckless driving is defined as driving any vehicle in reckless disregard for the safety of persons or property. Penalties for reckless driving can result in a fine of $100 for the first offense, $200 for the second offense and $500 for any further offenses. Reckless driving citations may be issued at the sole and absolute discretion of Public Safety and the Association if a driver has been involved in or caused an accident, or is witnessed, by Public Safety, crossing the center line whether a painted center line exists or not. Posted speed limits are set for ideal conditions. Big Canoe Public Safety may issue citations for “driving too fast for conditions” at any speed given prevailing conditions which include but not limited to:
8.2.a. weather
8.2.b. condition of road
8.2.c. time of day
8.2.d. condition of operator
8.2.e. operator distractions (including but not limited to cell phones and other electronic devices)
8.2.f. presence of other vehicles or pedestrians
8.3. Violations of the above rules and regulations contained in this Rule A.3 by Property Owners, Tenants and Guests will subject the Property Owner to sanctions in accordance with Rule A.1 General Enforcement Procedures.
9. Drones
The Federal Aviation Administration (the “FAA”) regulates the flight of unmanned aircraft. As
used herein, a drone is any aircraft without a human pilot on-board, including unmanned aircraft
systems (“UAS”) or unmanned aerial vehicles (“UAV”), with or without video capabilities. The flight is controlled either autonomously by onboard computers or via remote control by an individual.
The use of drones in Big Canoe requires compliance with all applicable federal and local laws,
as amended from time to time, including but not limited to, the FAA Model aircraft Rules,
specifically the FAA Modernization and Reform Act of 2012, and FAA’s drone registration
requirements, begun in December 2015, and in accordance with the Academy of Model
Aeronautics (“AMA”) safety code, as amended from time to time. The following limitations also
apply:
9.1. Drones must be operated during daylight hours and may not produce noise that is annoying to others.
9.2. The owner/operator of a Drone is responsible for any damage or injury caused by the drone. The Property Owner is also responsible for damage or injury caused by the Property Owner, Tenants or Guests while operating the drone.
9.3. If a drone is flown with video capabilities (i.e. first-person video – “FPV”) it must comply with AMA’s FPV Rules (AMA Document #550), as amended from time to time.
9.4. Drones may not be used for following or photographing residents or guests, and may not collect or transmit images of people, structures or vehicles where a reasonable expectation of privacy exists, without the written permission of the landowner and or person/people being photographed.
9.5. Drones operated in violation of the law, or in a manner significantly inconsistent with this policy may be confiscated and turned over to the FAA or other appropriate authority. The POA will not be responsible for inadvertent damage to a drone that occurs as a result of confiscation, transport or storage.
9.6. Recreational Drones must be for hobby or recreational purposes only and must weigh less than 0.55 pounds which is the amount currently requiring FAA registration.
9.7. Commercial Drones
9.7.a. Commercial drone operations are not permitted in Big Canoe, with the exception of residential home inspectors utilizing drones to inspect and photograph the exterior of homes for their clients, professional photographers capturing images of homes for sale, and with specific daily approval, professional drone operators capturing images of special events in Big Canoe on behalf of the event organizer. Said authorization must be obtained from the General Manager or Director of Public Safety
or his/her designee.
9.7.b. Commercial operators must have liability insurance coverage for drone operations of at least $1,000,000.
