Can I, or Cant I??

[Dasseldig]

Can I, or Can't I??

It shall be unlawful for any person to:
1. Injure, destroy, or remove any tree, flow
er, shrub, plant, rock, soil or mineral in
a park.

 

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[Mzjavert]

I say yes. As long as you replace your plug and dirt, you are not damaging anything.

 

[Tom_in_CA]

It shall be unlawful for any person to:
1. Injure, destroy, or remove any tree, flow
er, shrub, plant, rock, soil or mineral in
a park.

Do you mean "can I or can't I remove trees, flowers, shrubs, rocks" ,etc...? The answer is no, as the law you quoted already tells you.

But if you meant: "Can I metal detect". Sure. I see nothing there in your quote that says "no metal detecting". Just leave the area exactly as you found it, and presto: you haven't alterED or removED anything, now have you?

Might someone come up and debate the semantics of that? (the temporary evil process of extraction d/t you "moved" a grass blade)? SURE! Avoid such lookie-lous and gripers, and go at low traffic times. If this bothers you, then ...... hunt private property or choose another hobby. Because I can gaurantee you: such verbage exists at every single park. And sure, if you ask enough people "does this apply to me?", you can always find someone to say "yes it does". If you find someone to say "it's ok, as long as you cover your holes", I gaurantee that if you came in the the next day, and asked a different city person, you'd get another answer entirely.

 

[Dasseldig]

It doesn't bother me, Just want to get as much info as possible in case of a run in with a know-it-all.. I do go at off times also.

 

[Sandman]

Listen to Tom!!! Try not to draw undo attention to yourself and try not to cut plugs when the grass is dry or only make a 3 sided plug and place any dirt on a plastic cloth for placing it back in the hole. I usually just use a screw driver to pop the coin out of the ground since my pinpoint does dime size points with a Sunray inline probe. Anything deeper in the grass, it stays there for a newbie to get the ticket for destroying park property.

 

[AU Seeker]

While Tom is correct in saying it doesn't say anything about metal detecting, I would be prepared to be confronted by a Park Ranger if one sees you metal detecting, this is just from my own experiences in similar situations.

If you got the posted "rules/regulations" from the park's website, look to see if they have a search function and if they do search for "metal detecting and or digging" and see if anything comes up, I have found that even though it may not mention a certain activity in their general rules section you may find that they don't allow digging and consider it to be a part of the "destroy" wording in their regulations of what is not allowed.

I have found that in today's times many Park Rangers are of the "extreme environmentally minded" group of people that believe that humans shouldn't be able have access to the wilds where animals should be the ruling class and they don't want you to even walk on "their" land/paths even though the park is a public park and belongs to all of us!!!

 

[Tom_in_CA]

While Tom is correct in saying it doesn't say anything about metal detecting, I would be prepared to be confronted by a Park Ranger if one sees you metal detecting, this is just from my own experiences in similar situations.

If you got the posted "rules/regulations" from the park's website, look to see if they have a search function and if they do search for "metal detecting and or digging" and see if anything comes up, ......

au-seeker, thanx for chiming in. In my reply to the OP, I did warn that someone/anyone could indeed come up to debate the semantics of wordings. Yes, I have said in many posts that *just* because there's no *specifics* saying "no metal detectors", that anyone can still gripe, and tell you you're falling afould of the dreaded "alterations" and "digging" type clauses. Heck, why stop there? They can say you and I are falling afoul of the "taking", "removing" "collecting", and "harvesting" clauses as well! (which were put in places eons ago to prevent someone from thinking he could help himself to the swing sets, tan-bark, roses, etc..., but could, if you asked enough people, be applied to singular coins, pulltabs, etc...).

My answer to that is, that if someone does as you say, and expands his research to include search queeries like "dig", or "destroy", that you will indeed find verbage in EVERY city, EVERYWHERE, all parks that forbids such things. I mean, did you really think any park was going to say "sure! go ahead and 'destroy' the park" doh But think about it au-seeker: all such verbage inherently infers the end-result. Does it not? So if you leave the area with no trace of your presence, then technically you have not destroyED anything, now have you? Even the term "dig" has an implicit connotation of the end result of "holes".

Now as I said to the OP, might someone come up and debate you on those semantics? Yes, it could happen. But if you plan ahead of time that your hobby is automatically equivalent to such terms (eg.: "metal detecting = destruction") and determine that such wording precludes you from detecting therefore, then give it up. Because I assure you, all public property has rules that forbid "destruction". Thus I do not consider those terms to be a necessary equivalent to metal detecting.

I wish there were a way to ensure that everyone loved us, and rolled out the red-carpet for us. I wish all archies loved us. I wish there were neon signs saying "damage and destruction and taking welcome here". But alas, that's not going to happen. It's a fact that not everyone is going to "love us and our hobby". It's kinda like nose-picking: Not technically "illegal", but ........ we all still use a little discretion on our timing, right? But if you ask enough people "can I pick my nose?" Someone will certainly tell you "no".

 

[AU Seeker]

Tom,

I do agree with you, but I personally like to know all I can about site before going there and detecting, prospecting, etc. I don't like confrontation and I like even less not being prepared for a confrontation should it occur, so I tend to do a lot of research and leave no stone unturned before going to an area, I would rather have the upperhand in any confrontation with anyone that is "in charge", I always carry any info/rules/regulations printed out to support my being there and within the rules/regulations posted.

 

[Jason in Enid]

Almost every county and city has that same language on their books. It is to prevent people from digging up the bushes to take home, taking apart equipment, or attempting to open a pit mine in the park. Tom is correct, unless there is also something that bans the use of metal detectors you should be good to go.