POA
RULES FOR 2005
Violation of
these rules may result in the forfeiture of your POA card. All
statements of POA Policy are available for inspection in the
office. required documents for building are available at the
office. A valid POA card is required for use of Common
Properties and Facilities.
Additional
identification, (other than a POA card which shall be readily
Available) that contains a photo (such as a driver’s license or
student identification card) may be required.
The POA is not
responsible for adults and/or minors using the common areas or
facilities. Property Owners are financially responsible for
their family members and guests.
Any persons
other than those specified using the lake or other facilities of
Heritage Lake will be considered trespassers and may be subject to
prosecution.
ACTIVITIES
CENTER, SWIMMING POOL, BEACH AND PICNIC AREA RULES.
Refer
to policy regarding guests and private parties.
Activities
Center Rules
1.
Facilities are for the
use of the members and their guests on a first-come-first-serve
basis.
2.
Members are
responsible for their guests.
3.
Repairs required due
to misuse of property will be charged to the property owner
responsible.
4.
No one under 12 years
of age may use the facilities unless accompanied and supervised by a
parent or guardian. The
parent/guardian may designate a responsible person (in writing) as
their substitute. The
attendant has the final say. The
parental permission form will be provided by the POA.
5.
No pets are allowed in
the Activities Center.
6.
No wet clothing is
allowed in the Activities Center except in changing rooms.
7.
Association property
is not to be removed from the building without authorization from
the manager.
8.
Bicycles and motorized
vehicles are to be ridden on roadways only, or legally parked.
9.
No glass beverage
containers are allowed inside or outside the Activities Center
(upstairs deck and patio included.)
10.
No smoking in the
Activities Center or swimming pool during regular open hours except
in designated areas.
11.
No alcohol in or
around the Activities Center or swimming pool during regular open
hours with NO EXCEPTIONS.
Pool
Table, Table Tennis, and Other Activities Center Sporting Equipment
1.
POA card is required
for use.
2.
No one under 12 years
of age may use the facilities unless accompanied and supervised by a
parent or guardian. The
parent/guardian may designate a responsible person (in writing) as
their substitute. The
attendant has the final say. The
parental permission form will be provided by the POA.
No one under 12 years of age may play pool unless accompanied
by a parent or adult guardian.
3.
Only one game is to be
played when others are waiting.
4.
Only one set of tennis
is to be played when others are waiting.
5.
Damage or repairs
required due to misuse will be charged to the property owner
responsible.
Swimming
Pool Rules
1.
No one under 12 years
of age may use the swimming pool unless accompanied and supervised
by a parent or guardian. The
parent/guardian may designate a responsible person, at least 14
years of age (in writing), as their substitute.
Each child under 12 years of age, not supervised by an adult,
will be required to pass a basic swim test.
The lifeguard has the final say.
The parental permission form will be provided by the POA.
2.
No playing on the
ladders.
3.
No running or rough
play in the pool area or restrooms.
4.
No street shoes are to
be worn in the pool area.
5.
No glass beverage
containers are allowed in the pool area or patio.
6.
No food, beverages or
gum are allowed in the pool area.
7.
No pets are allowed in
the pool area.
8.
No one may enter the
pool with open cuts or sores, skin diseases, or with bandages or
tape on their person.
9.
No street clothes are
to be worn in the swimming pool.
10.
Guests must be
accompanied by a POA member in good standing or must be registered
by the POA member for a maximum of 7 days after which registration
must be renewed. (See above #1.)
11.
Maximum number of
swimmers allowed in the pool at any given time during normal open
hours is to be 100. Private
parties are limited to 150 when the pool is “closed.”
12.
During open-swimming
periods, inflatable objects permitted in the pool will be limited to
a reasonable size, i.e., a child’s life preserver.
13.
In all cases the
decision of the lifeguard will be final regarding any objects in the
pool.
14.
No disposable diapers
are to be worn in the pools.
15.
No diving is allowed.
Beaches
1.
No animals are allowed
on the beaches or in public swimming areas.
2.
Bicycles and motorized
vehicles are to be ridden on roadways only, or left legally parked.
3.
No food, glass
beverage containers, or cans are allowed on the beaches. Those wishing to eat or drink should use the picnic areas.
4.
No fires are permitted
on the beach areas except in the designated area at Lincoln Park.
5.
Restrooms are open May
1, through November 1, weather permitting.
6.
No camping is allowed
on the beaches.
7.
No littering on the
beaches.
8.
No disposable diapers
are to be worn swimming.
9.
No washing of any
clothing in lake or beach areas.
10.
Swimmers please
note — no lifeguards
are on duty at beaches.
11.
Beaches are open from
sunrise to sunset or as otherwise posted.
Picnic
Areas
1.
No littering in the
picnic areas.
2.
Cooking may be done
only on your own grill or those provided.
Starting of any other fire is prohibited except in the
designated area at Lincoln Park.
3.
No glass beverage
containers are allowed in the picnic areas.
4.
No animals are allowed
in picnic and playground areas.
5.
Picnic tables should
be vacated when not actually being used for eating.
6.
No camping is
permitted.
7.
Picnic tables are not
to be removed from picnic area.
8.
Bicycles and motorized
vehicles are to be ridden on roadways only, or left legally parked.
LAKE
RULES FOR HERITAGE LAKE
SECTION
A. ELIGIBILITY
1.
All members of the
Heritage Lake Property Owners’ Association in good standing with
current assessments paid and GUESTS IN THEIR ACCOMPANIMENT are
eligible to use Heritage Lake and operate watercraft.
In addition, any child, stepchild, ward or foster child under
the age of twenty-five living in the home of the property owner or
living on campus as a full-time student, is considered to be an
eligible member, not subject to the purchase of any additional
memberships or permits related to use of lake facilities.
Included also is any person domiciled and residing in the
property owner’s home as a dependent member of the immediate
family.
2.
Persons also eligible
for watercraft operating licenses include
emancipated child, sibling, son-in-law (current), daughter-in-law
(current), father-in-law (current), mother-in-law (current), parent,
grandparent, and grandchild. Where
applicable a step relationship also applies.
The property owner shall register eligible person(s) through
the purchase of watercraft operating licenses.
3.
Accompaniment is
defined as:
a.
On the same boat or being towed by the same boat as the
guest.
b.
On the same personal watercraft as the guest.
c.
On a second personal watercraft riding with the guest on a personal
watercraft (within 200’).
d.
On a second powerboat and your guest on a personal watercraft
(within
200’).
4.
Procedures for
watercraft operating licenses:
a.
The property owner shall register eligible person(s) through the
purchase
of a watercraft operating license.
Registration must be done at the POA
Office.
Property owner shall pre-register
eligible person(s) (by name) as
defined
in Section A.2., wherein the applicant is required to pass a written
test on
Heritage Lake Rules. With this permit on (in) the boat
and the
person properly registered, the boat may be operated by that person
without
the presence of the property owner.
b.
Seasonal License - at the cost of $169 for the first license
issued and $50 for each
additional license.
c.
Short Term License– to be issued for up to ten (10) consecutive
days at
a
cost of $50. The
short-term license will be limited to one per
person per season.
d.
The property owner must show current POA card and driver’s
license.
e. All
registrants shall be required to verify by signature that they have
received a
copy of the current Lake Rules and that
they accept full
responsibility to read and comply.
f. Watercraft
operator must have the license in the boat at all
times.
g. Misuse
of a watercraft operating license includes, but is not limited to:
(1).
The transfer to any other person.
(2).
Failure to have the license in the boat.
The Security Officer will
consider this to be a Second Written Violation (see Section M.4.b.).
The Lake Manager will notify the
property owner that lake privileges
are suspended for all boats
owned for a period of 8 days for
the
offense.
(3) .
On the second offense the privileges would be suspended for a
period of 15 days and the license would be invalidated
and must be
surrendered. The
property owner may pay for
and secure another
seasonal license at a cost of
$50 after the 15-day suspension.
(4). Operation
of a watercraft by any unauthorized person
without a
watercraft operating license will be considered appealable,
and
will result in the following penalties and suspensions:
a. A violation
not involving personal injury and/or property
damage by an unauthorized person with out
watercraft
operating license will result in a fine of $250 and
a
suspension of all lake privileges for a period of one month.
Violation of the suspension will result in a doubling of
the
fine and suspension.
b.
A violation involving personal injury and/or property damage
by any unauthorized person without a watercraft-operating
license will result in a fine of $500 and a suspension of all
lake privileges for a period of one month.
Violation of the
suspension will result in a doubling of the fine and
suspension.
(5).
Violations and applicable penalties will be charged to
the property owner.
(6)
Procedures for appeals do apply.
(7).
No verbal warning will be given to unauthorized persons without a
watercraft-operating license.
5.
Guest Operation of
Paddleboat, Canoe or Kayak: A
guest may operate a non-motorized watercraft in the area between the
shoreline and the 75’ buoy as well as in any areas designated as
no-wake zones. The
guest operator must have permission and the permit from the property
owner and the property owner must be available for verification.
SECTION
B. WATERCRAFT REGISTRATION
1.
All watercraft
operated on Heritage Lake must be the personal property of a member
of the Heritage Lake Property Owners’ Association, Inc.
2.
Watercraft
registration stickers are the property of the POA and remain as such
after the registration fee is paid.
3.
Definitions:
a. Watercraft:
Includes all motorized craft and normally non-motorized
craft.
b. Powercraft:
Any water device with a motor is considered a
powercraft. A personal
watercraft (Jet Skis, Waverunners, etc.) is
considered a powercraft and shall obey all rules and limits
of operation as
listed
for powercraft. For the
purpose of registration,
snowmobiles shall
be
considered a powercraft.
c. Non-Motorized
Watercraft. Includes
any watercraft powered only by
electric trolling motor or any watercraft that does not fit the
definition of a
powercraft. Iceboats
are considered non-motorized watercraft.
d. Non-Permitted Watercraft.
Houseboats, air boats, under watercraft,
any
watercraft with bathroom and/or galley facilities (other than a gas
or
charcoal grill) with through the hull drains or holding tanks,
unmanned tow powercraft, personalized watercraft as tow powercraft,
and powercraft with over the transom exhaust are not permitted.
Absolutely no disposing
of port-o-potty contents into the lake.
4.
All watercraft must be
properly registered.
a.
All registrants shall be required to verify by signature that
they
have
received and read a copy of the current Lake
Rules, that they
accept full responsibility to comply with same and accept
liability
for any damages caused
by registrant’s boat (see section F).
b.
Only the current annual registration sticker shall be displayed
on the
watercraft. All prior stickers shall be removed or covered by current
year’s sticker.
5.
Procedures for Boat
Registration: (At Marina)
a.
The Property Owner must show a current membership
card, driver’s
license, and proof of boat ownership. All Powercraft owners
must
show a certificate of title,
state registration card, current excise tax
receipt or the certificate of insurance showing the VIN number in
the
property owner’s name. Non-motorized
watercraft registration does
not
require proof of ownership.
b.
Procedure for Titling Watercraft:
Call your local auto license
branch, request an application for title
only (not registration) and
any special instructions. After
you receive, fill out, and
return the application, your title should arrive within three weeks.
c.
Property owner must pay a registration fee for each watercraft
to be
operated within the development.
d.
All stickers must be applied to powercraft at the time
of registration as
per
section B.5. (Only
current sticker may be
displayed). This means
all powercraft
must be presented for
registration.
e.
Any one lot may be represented on the Lake at any one time
by a
maximum
of two powercrafts. An
additional powercraft may be
operated by any one lot during non-holiday
weekdays only. These
permits
will be issued at the time of powercraft registration.
f.
Non-motorized watercraft need not be presented at the time of
registration.
g.
When a POA member trades watercraft ownership in
the same
year they may transfer the sticker for a fee of $10.00 and the
old
watercraft sticker must be turned
in at the time of the change.
6.
a.
A properly registered watercraft must display the annual sticker
on both sides of the bow and 3” numbers of contrasting color
indicating property owner’s Heritage Lake address
also on both sides of the craft near the stern (i.e. Victory Hill, Lot 299—VH299; Mill Springs, Lot 130—MS130).
For personal watercraft, the Heritage Lake address shall be
on the front cowling on both sides where it will
be clearly visible during normal operation.
b.
All boat trailers must display a trailer sticker.
It will be issued at the time
of boat
registration. It is to
be placed 12” behind the
trailer hitch on the
right
side. NO trailer will
be allowed to park on common
areas without a current year
trailer sticker.
7.
No watercraft shall
display an annual sticker until lot numbers are on the boat.
8.
Misuse of a watercraft
registration sticker includes but is not limited to the placing of a
non-motorized sticker on a powercraft or the transfer of a sticker
to any other watercraft which will
result in the suspension of the watercraft registration and boating
privileges for that offender’s property, including any secondary owners, for 30 days and a $250 fine.
9.
It shall be the
responsibility of the watercraft owner to remove the
Heritage Lake registration sticker if the craft is sold.
SECTION C. WATERCRAFT AND
EQUIPMENT
1.
All watercraft being
operated from sunset to sunrise must display adequate lights, as
follows:
a.
Forward (bow) lights: a
fixed, red light for the left (port) side
and a fixed,
green
light for right (starboard) side.
These lights must be lit when
watercraft is underway.
b.
Rear (stern) light: a fixed, bright white light to throw
light in a full circle (360
degrees). This light is
intended to be lit hen
watercraft is underway, adrift,
or at
anchor. Pontoons may
display a light on the forward edge of the
canopy
showing 180 degrees forward and a light on the after edge of the
canopy
showing 180 degrees astern.
c.
NOTE: Operators
of small craft without navigational lights must use a
hand
lantern or a large flashlight to shine continuously.
2.
On all powercraft, the
motor shall be equipped with a stock factory muffler
and exhaust system that ports below the
waterline i.e., outboard motors or be equipped
with a stock factory muffler and exhaust system that channels
through the transom as to muffle or suppress the sound of the
exhaust and to prevent excessive or unusual noise at all times.
The Board reserves the right to remove powercraft with
excessive noise. The
Board reserves the right to determine what is excessive noise.
3.
All watercraft are
required to be equipped with at least one easily accessible life
preserver, life jacket, or buoyant vest, for each person on board,
of a make or type currently approved by the U.S. Coast Guard.
All watercraft 16’ or over must also be equipped with one
throwable device. The
throwable device may be a seat cushion.
It is recommended that a line be attached for rescue
purposes.
SECTION
D. WATERCRAFT OPERATION
Lake
Security is directed to emphasize the strict enforcement of ALL
items listed below. Infractions
will be dealt with as per Section M.
1.
The governing Indiana
State Laws shall apply in any case not addressed by Heritage Lake
Rules.
2.
Upon display of a red
flag by Lake Security all traffic within sight must stop immediately
until the emergency condition has passed and red flag is lowered.
3.
No person shall
operate a watercraft in a reckless or unsafe manner.
4.
No person under the
age of sixteen (fifteen if s/he passes a boating skills and
seamanship course) may operate a powercraft with a horsepower rating
in excess of ten (10) horsepower unless accompanied by a qualified
adult eighteen (18) years or older who is on board the powercraft.
5.
On the small fishing
ponds, gasoline powered craft are forbidden; small electric trolling
motors may be used.
6.
During the period
between sunset and sunrise (as officially published) no watercraft
shall:
a. Operate at a speed
greater than idle speed
b. Tow any object except
a disabled watercraft.
c.
Create a wake that is disruptive to persons, watercraft or
property.
7. During times of high water, the entire lake will be
at idle only as
determined by POA Manager or
Lake Security.
8.
All traffic in excess of idle speed (including both powercraft
and
person(s) in tow) shall not operate closer to shore than 100
feet. Fast moving
traffic must remain a reasonable
distance from non-motorized, idling, or anchored watercraft.
9.
No watercraft shall
circle any other watercraft within 100 feet, except at idle speed.
10.
No watercraft shall
follow in the wake of any other watercraft closer than 100 feet or
anyone being towed closer than 200 feet.
11.
No person shall
operate any watercraft while under the influence
of alcohol or drugs.
a. Lake Security is
authorized to call the Sheriff Department for
assistance if anyone is suspected to be under the influence
of alcohol or drugs. Operation of a watercraft while
under the influence will be considered an appealable violation, and
will result in the following penalties and suspensions:
(1)
Operation of a watercraft while under the influence not
involving
personal injury and/or property damage will result in a fine of $250
and a suspension of all lake privileges for a period of one month.
(2)
Operation of a watercraft while under the influence involving
personal
injury and/or property damage will result in a fine of $500 and a
suspension of all privileges for
a period of one month. Violation
of the
suspension will result in a doubling of the fine and suspension.
12.
No person shall
operate any watercraft in a tight circular course except in
designated areas.
13.
No person shall
operate any watercraft in a designated swimming area.
14.
No watercraft racing.
15.
No person shall
operate any powercraft so as to approach or pass another watercraft
in such a manner or at such a rate of speed as to create a
hazardous wake or wash.
16.
Occupants of all
powercraft traveling in excess of idle speed shall be within the
passenger areas of the powercraft.
No one shall ride the pontoons, sit over the bow, ride the
gunwales, or lie on sundecks with a flush design to the gunwales.
17.
No watercraft shall
contain more than the rated safe occupant load of the craft.
18.
When two watercraft
are approaching head on or nearly so, each watercraft shall bear to
the right.
19.
When two watercraft
are approaching each other obliquely or at right angles, the
watercraft on the left shall yield the right of way.
20.
A watercraft may
overtake and pass another watercraft on either side if space permits
and the maneuver can be done safely, but the watercraft overtaken
shall have the right of way.
21.
All watercraft outside
the 100’ buoy must operate in a counter clockwise
direction, keeping near the right hand (starboard) shore except
when picking up a downed skier or tuber.
22.
Non-motorized
watercraft (sailboats, rowboats, raft, etc.) have the right of
way over powered watercraft.
SECTION
E. ZONES AND REGULATORY MARKERS
1.
Anchoring to, moving,
removing, tampering with or damaging any official buoys, markers,
slalom course buoys, or any swimming posts, buoys, rope or markers
is forbidden.
2.
Idle speed (No
wake—No wash) must
be maintained within fifty (50) feet of designated swimming buoy
lines.
3.
Idle speed (No
wake—No wash) must be maintained within 100 feet of all
shorelines, in all coves (except Clubhouse Cove), and all other
areas designated by buoys.
4.
The buoy placement
shall be at the discretion of the Manager and a Buoy Placement
Committee appointed by the Board.
5.
The area within 50’
of the spillway and/or spillway tubes is off limits to everyone and
everything in or on the water.
INLAND
WATER TRAFFIC SIGNALS
NOTE:
Special marked buoys are used to indicate danger and controlled
areas and to convey information and must be obeyed by all watercraft
and swimmers.
CONTROLLED
AREA:
This symbol
indicates the regulation that exists
in an area i.e.
idle speed.

INFORMATIONAL:
This
symbol will be used to mark information
i.e. l00’
limit.
BOATS KEEP
OUT:
This symbol will be used to mark the
limits of
bathing areas
and areas of potential danger
DANGER:
For shallow areas or obstructions.
When buoy located near
shore, DO NOT PASS BETWEEN BUOY AND SHORE.
STAY CLEAR!
SECTION
F. ACCIDENTS AND/OR DAMAGE
1.
The operator and/or
owner of a watercraft is responsible for any damage caused by the
operation of his/her watercraft or his/her watercraft’s wake or
wash.
2.
The operator and/or
owner of any watercraft involved in an accident or causing property
damage of $200 or more, personal injury, or death must
report the incident to Lake Security immediately.
SECTION
G. WATER SKIING
1.
Definitions:
The terms “water skiing,” “water skier,” and
“skier” include all persons in tow and include the towing of
water sleds, inner-tubes, or similar objects.
2.
No towline shall be
longer than 75 feet in length.
3.
Personalized
watercraft (Jet Skis, Waverunners and other similar powercraft) are
not permitted as tow powercraft.
4.
Water skiing is
allowed in designated skiing areas as approved by the Board of
Directors.
5.
A minimum of two
persons (one operator and one observer) is required in a watercraft
towing skiers. The
minimum age of an observer in a watercraft towing a skier shall be
six (6) years old.
6.
Anyone being towed by
a watercraft shall properly wear a Coast Guard approved life
preserver.
7.
Kite skiing,
para-sailing and similar activities are not permitted.
8.
Picking up a skier
shall always be done parallel to shore, with the closest shoreline
to the powercraft’s right, and the powercraft shall continue
parallel to the shore until it is safe to turn.
9.
Skiers shall not
take off perpendicular to shore or cross the lake at an angle.
10.
Beginning skiers are
encouraged to take off at the ends of the lake out of heavy traffic.
11.
All Powercraft
towing skiers, inner-tubes, sleds or any other device must
prominently display an orange warning flag WHEN, BUT ONLY WHEN THE
SKIER IS DOWN. The
minimum size of such flags shall be 16”X16”. Flags shall be available at the Marina or POA Office.
12.
All powercraft towing
a skier(s) shall return to down skier(s) by slowing the powercraft
to an idle (no wake—no wash) while maintaining the same course the
powercraft was on prior to the time that the skier(s) went down.
After reaching idle speed, the powercraft shall turn and
motor directly to the down skier(s).
This also applies to inner-tubes, kneeboards, etc.
When two or more skiers are being towed and one or more
skiers fall, all remaining skiers shall return to the area directly
behind the boat and cease being towed.
The powercraft shall return in the manner described above.
This also applies to inner-tubes, kneeboards, etc.
13.
Any ski slalom course
must be approved by the HLPOA Board of Directors.
14.
All traffic in excess
of idle speed (including boat and person(s) in tow) shall not
operate closer to shore than 100 feet.
SECTION
H. FISHING
(The following
rules apply to the small fishing lake and ponds, as well as to the
main Heritage Lake):
1.
Only members and
their guests are permitted to fish.
2.
No fishing in the
marked swimming/beach areas at any time and not within 50 feet of
the marked areas anytime there are swimmers present.
3.
Fishing is permitted
throughout the year, and no license is required.
4.
Limitation per person
on the quantity and size of fish, is as follows:
a. Bluegill:
Daily limit in possession—25 fish per person or 75 fish per
boat
daily.
b. Channel
Catfish—Daily limit in possession—4 fish, minimum 15 inches.
c. Black & White Crappie—Daily limit in
possession—10 fish, minimum
size is 8
inches.
d. Largemouth
Bass—Daily limit in possession—2 fish between 12
inches
and 14 inches and 1 fish, minimum size 22 inches.
e. Smallmouth Bass—Catch and release only.
f.
Sunfish/Warmouth– No limit.
g.
Walleye-Catch and release only.
h.
White Bass (Silver or Striped Bass)-Daily limit in
possession-3 fish
under
17”.
5.
Lake Security is
empowered to check fish in possession for compliance with published
rules. All violations will result in a fine consisting
of a flat $50 and an additional $10 per fish in excess of the limit
as defined in H.4. Infractions will also be handled as follows:
FIRST
VIOLATION:
Will be accompanied by a copy of lake rules.
A fish in possession
in excess of the above limits will be released or confiscated.
The fine shall be fifty dollars ($50) and an additional ten
dollars ($10) per fish in excess of the limit as defined in H.4.
Property owner will be notified in writing.
SECOND
VIOLATION:
Will be accompanied by a copy of lake rules. All
fish in possession will be released or confiscated.
Lake privileges of violating member(s) will be suspended for
a period of eight (8) days
and the fine shall be fifty dollars ($50) and an additional ten
dollars ($10) per fish in excess of the limit as defined in H.4.
Property owner will be notified in writing.
THIRD
AND SUBSEQUENT VIOLATIONS:
Will be accompanied by a copy of the lake rules.
All fish in possession will be released or confiscated. All property owners privileges will be suspended for a period
of fifteen (15) days and the fine shall be fifty dollars ($50) and
an additional ten dollars ($10) per fish in excess of the limit as
defined in H.4. The
property owner will have the right to reinstate their privileges
after the fifteen (15) days suspension period by paying the fine and
passing a written test on the Heritage Lake Rules.
Property owners will be notified in writing.
6.
Commercial fishing is
prohibited.
7.
Placing fish in
Heritage Lake for stocking purposes is prohibited without the
consent of the Heritage Lake Property Owners’ Association’s,
Board of Directors.
8.
The use of leeches, gizzard
shad, goldfish, or carp as bait is prohibited.
9.
The use of seines,
traps, gigs, firearms, explosives, shocking devices, set lines,
arrows, spear guns, or other similar devices is prohibited, except
that the use of gigs or bow and arrows for the taking of carp only
is permitted. Netting
of gizzard shad is permitted with the approval of the Lake Manager.
10.
Holes cut in the ice
for fishing shall be no larger than eigh