City Code... What do you think?

[dtctrblue]

This is the only code relevant to metal detecting in my area. Do you guys think I can still detect under this code? If so, how will I use it to defend myself?

20-206 No 4 No person or agency shall make an excavations by tool, equipment, blasting, or other means, nor shall any person construct or erect any building or structure of whatever kind, either permanent or temporary, or run or string any public utilities into, upon, across, or over any park or recreation lands, unless authorized by permit or easement.

Thanks in advance!

 

Amazon Forum Fav 👍

Agony and Death on a Gold Rush Steamer: The Disastrous Sinking of the Side-Wheeler Yankee Blade - Grab it through Amazon!

[jeff of pa]

You Protect yourself By asking Permission to Detect,

and Not Bringing up what you just posted here.

Chances are, That dosn't directly include detecting & what

the authorities are not aware of can't hurt you.

Jeff

 

[stoney56]

Ordinance is loosely worded and probably refers more to gas and phone co..
My best advise is if in doubt-ask them.

 

[wmas1960]

I agree that the intention is probably regarding the running of utilities through a park or someone coming in and erecting some sort of structure, like a fishing hut or party tent, concert grandstand or stage... in a park or on a beach etc. However, as loosly as it might be worded, to catch all possible issues, it has one key phrase that applies. "unless authorized by permit".

To me, that means, without bringing up the statute as you presented here. Simply go to whomever is of authority and get Permssion, (PERMIT) for your pourpose. Present your intent and show, if required, your tecnique for locating your finds and assurances that you won't do any harm.

I wouldn't raise the issue of the statute as, A.) it may not specifically apply to your situation or intentions and B.) it might confuse the situation making someone say NO, right off the bat. Some bureaucrats and government employees don't take risks very easy. They don't think independantly or make decisions, unless their decision is supported by policy or law. They rely heavilly on such things as policies or Statutes and if you present that to them, they might, even if irrelevant to your situation, try to apply it to you. If you get someone experienced you might be OK in that they will know that another ordinance applies to you. But, get someone with less experience and you might have trouble. That person might make you put up bond, fill out forms, or pay for permits.... Go before a city council or zoning or village board... By remaining vague, someone without experience will have to seek the guidance of someone of more experience. Not slamming government workers here. I just know from days working as a legal assistant, going to the county clerk to file a court document or to the sheriff to have a summons served or an eviction executed... Or going to the recorder of deeds or court clerks to get copies of files... they wouldn't do anything unless everything was done exactly to policy and written instructions or authorizations from someone higher then them.

The other option is to go ahead and do your business and plead ignorance if stopped. Say you thought that since it was a public park, and that you were only cutting little slits in the turf... Ask who to get permission from and Then go and get permission if demanded. If you are digging proper plugs, poking around with a probe or cutting a slit in the ground with a knife and pulling out a coin with your fingers, That might or might not qualify as "Excavation". If nobody notices that you were ever there, or you haven't left any holes or damaged any grass, aren't digging in flower beds..., and your activity isn't an obvious "Excavation", nobody may care. On the other hand, Pull up with a Ditchwitch and a truck load of building materials..., without a permit, and you might have a problem.

 

[gregl01]

I would take a minute to call the local parks and rec office. Thats all I did and haven't even been looked at. I think a law like this refers to more serious digging than we do!!!
HH
Greg

 

[Vrent]

calling parks and rec is not a bad idea even calling the police or better yet going to see them and bring your trowel most people thin king diggin big shovel show them the trowel and they laugh if you have a town hall stop in there and see who is around

 

[mvSWAT]

I think the city officials could use the vague terminology of the city code against you if they wanted to. By having permission from a ranger, officer or park supervisor you are better protected and less likely to get any flack. Happy Hunting. Dan

 

[hollowpointred]

calling the parks department is a good idea but writing or e-mailing is an even better one. that way you either get permission or get turned down in writing. something you can show a cop if asked.

 

[diggit 65]

some of your local parks will give you a permit to detect, they usualy are a one year permit ,just ask the most they can do is tell you no CYA cover your ass!

DIGGIT 65 8)

 

[JW]

If you read the definintion of excavation and the specifics of getting a permit, you will find that you are allowed to move certain ammounts of dirt without a permit.

Otherwise everyone would would have to get a permit to garden? A little overkill if you think it out logically.

Check to make sure you are not digging on Federal or Historically protected land, private property or protected environments(habitats) and you should be cool.