HELLO, I AM KING OF THE PARK. WHAT ARE YOU DOING HERE?

[soar697877]

I think they ought to Ban all Drinking of alcohol next.....

Ya' know, because there are so many DUI's, and people get crazy while consuming
alcohol & all it does no good for the body,blah blah...

Since there are more than a few drinkers that exhibit bad behavior, lets ban it for everyone !!! Let the Prohibition commence !!!!!!!!

 

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[bomber]

ban drinking?BAN DRINKING?stop the insanity

 

[soar697877]

Simply speaking, we are slowly but suredly facing the loss of our favorite pastimes....
your civil liberties are not as they once were, and no one is doing a damn thing about it.

 

[soar697877]

Here is the actual weblink to the state law that my city uses to say no MDers allowed
at any of the public parks. Some of you have asked to see the law they are quoting.


http://www.state.tn.us/tccy/tnchild/39/39-14-408.htm

 

[soar697877]

This additional link below shows the TVA, and how they allow MDing on TVA land, and they
actually have some very well thought out common sense rules about the MDing that you are able to do. Why can't the city park people use the same rules?



http://www.tva.gov/river/recreation/metaldetect.htm

 

[JRich98150]

<<I will let ya'll know if I decide to file an official complaint and possible suit against the park dept for deprivation of my civil liberties.>>

You know, this is point as I see it. In the days when everyone is crying discrimination and file lawsuits for less I can't understand why these restricting laws are allowed to exist without being challenged. The holes unfilled theory is in my mind completely bogus. I believe most of us in this hobby go out of our way to fill holes that are not ours, clean trash up that isn't ours both in the ground and on it as well as take these places we hunt close to our heart. I don't think most folks that are in the position to enforce these restrictive laws care to do so and actually take a interest in a non-legal way in our hobby.
I know it's hard to do but perhaps we should attempt to organize and lobby for our rights to pursue our choosen hobby. Next person in here to find a large chest full of gold and doesn't need the cash please hire us a lobbyist. This guilt by association should not be allowed to exist. If guilt by association is the reason to restrict or prohibit our hobby how come they don't arrest a whole gang when some of their members do their weekly drive by shooting? Can we come up with some sort of e-mail campaign or something? Lots of historic sites will never be excavated, researched or even respected but a subdivision or hotel, motel or even parking lot will be perfectly acceptable. Maybe we should all join the teamsters. The older I get the more insane things become.

JRich

 

[soar697877]

And to think I spent the last 20 years in the US Army as an Infantry NCO busting my ass
to protect our civil liberties/freedoms here in the USA, too....or so I thought?

Now I am 50% VA disabled due to 4 ruptured discs in my back, loss of hearing in one ear,
I have 4 stainless pins in my right ankle, bad knees, and daily pain to show for it,,,along with local hypocrits telling me I cannot "dig" even in the seperate area of the park that they have put huge sand pits, made just for kids to dig, they even installed two sit on digging toys for kids to use to dig....but not ok for anyone else? Just stupid.

 

[midnightcaller]

Simply speaking, we are slowly but suredly facing the loss of our favorite pastimes....
your civil liberties are not as they once were, and no one is doing a damn thing about it.

Where is the FMDAC in all of this? aren't they supposed to stand up for are rights?

 

[diggummup]

They cannot prove damage or vandalism if you stick to the sand or woodchips.I don't care what they are telling you or what state law they have quoted you. Carry a camera and take pictures before and after.That's my 2 cents.
As I stated previously,I obtained permission to hunt in Cookeville city parks a few years ago (3) and I wasn't approached by anyone while I was there. I hunted in several while I was there.

 

[soar697877]

We called the Clarksville, TN mayor's office today, and a lady there (not the mayor)
confirmed that there is NO MDing allowed in any of the public park areas in the city,
to include the sand/pebble/woodchip areas. She stated it was because if we MD guys
dug a hole, (even in the sand) and someone tripped due to that hole, it would open them up for liabilty....


We said thank you & hung up. Then we scratched our heads & wondered where all the
smart people of this world went?!

Tell me if I am wrong here guys, but wouldn't the other activities that people do also
open them up to liability Why wouldn't they just put up signs that say use parks at your own risk? DUH...

 

[midnightcaller]

Tell me if I am wrong here guys, but wouldn't the other activities that people do also
open them up to liability Why wouldn't they just put up signs that say use parks at your own risk? DUH...


That's because the courts have allowed lawsuites to go through the system. Nobody has to take personal responsibility for their actions any more. they get hurt do something thye just take it court

 

[soar697877]

Hey everyone, please feel free to call my parks & rec dept to ask them how their emailed statement to me makes any sense at all?:



> "The children are not guilty of vandalism, as stated in the law it is
> says "without the owner's consent" it is known the playground will have
> this type of activity in the ground cover.
>
> The athletics are under the same premise, the city knows these teams
> will be using the facilities and any damage is the result of play, not a
> specific activity."

They say Metal Detecting is outlawed because it is a "specific activity"?
Last type I checked I thought football,softball,baseball,track,kite flying,
basketball,frisbee throwing, picnicing, sack races, and various other forms of "play"
were also "specific activities"?

 

[JRich98150]

<<We called the Clarksville, TN mayor's office today, and a lady there (not the mayor)
confirmed that there is NO MDing allowed in any of the public park areas in the city,
to include the sand/pebble/woodchip areas. She stated it was because if we MD guys
dug a hole, (even in the sand) and someone tripped due to that hole, it would open them up for liabilty....>>

Keep going to the park and when you find a construction area or some other hole ...... Be careful not to trip or have an accident and should that unfortunately happen sue their pants off and buy the dagone park with the settlement. Any idiot can trip over anything in a park. Someone on a bicycle could slip and fall while taking a bike ride through the park. Their position in is entirely rediculous if that is their reason to discriminate against your choice of a hobby. Good Lord, how do we manage to keep getting these types into a official position? We need to figure out a way to bring on a class action lawsuit against this line of thinking. How would the old gold and silver fields ever have been found if Americans did not have a right to dig anywhere.

 

[soar697877]

Im with you Jrich. I emailed the National Metal detectors association and gave them the link to this thread to look at. Maybe they can help us with power in numbers, and the current contacts they have in place. I can only hope.

 

[Stormtrooper154]

Has anyone asked to see this law on paper? In order for something to be illegal, there actually has to be a law against it. And yes, you can request to see it. As for the threat of being arrested, I don't know about other states, but here if you request the officers supervisor to be present, they can go no further until the supervisor arrives.

Paul

  Agreed.

[/quote]

Disagree...

You may ask to see a supervisor, but an officer has no obligation to contact one on your request.  Can you imagine how long it would take to make an arrest if all the thugs and criminals wanted to see a supervisor before they were arrested for car jacking, etc!  The arresting officer will place you into custody, then you can file a complaint with the supervisor after you are released from custody.

However, you do have the right to know what crime you are being charged with. It is on you to research that law on your own time. Thats what lawyers get paid the big buck for! To research the laws and try to get you off of said charge!

 

[Stormtrooper154]

I would also challenge your law on this case.  They have to prove criminal intention in order for a DA to prosecute for the charges filed against you.  IMHO, You are not in the park to randomly dig holes all over their property in order to cause property damage and/or injury.  You are there to recover metal object in the ground. While doing that you are carfully removing a plug from the ground to recover the item, after recovery you carfully fill the plug back into the ground to before recovery condition so no damage is done.  By you refilling the plug to pre-recovery condition, any good lawyer could prove there was no criminal intent to commit the crime that you have shared with us.

The "vandalism" law was not made, nor was its intended use for recreational hobbies such as ours. They are using it out of context in order to enforce their "Policies" against us, not laws. Park rules are a lot different then laws. If there was a specific law against us using a MD in a public park, (example..Unlawful use of a Metal Detection device on public property), then it would have to be voted in by the people of your state, county, or city. At that time, you can protest such a law and hopefully block it from passing.

 

[soar697877]

Very intelligent response, and I am in total agreement,,,,I just
wish the deputy director of the Clarksville, TN parks & recreation dept
saw it the same way. I would hope no cop in this city/county to include the park rangers would even try to further enforce this crap...but you see, I am stuck, because of my circumstances.

I need it to be outright LEGAL,period as I cannot take any chances at all in getting any form of criminal citation, you know what I mean?...

 

[DFX-SE Gregg]

Has anyone asked to see this law on paper? In order for something to be illegal, there actually has to be a law against it. And yes, you can request to see it. As for the threat of being arrested, I don't know about other states, but here if you request the officers supervisor to be present, they can go no further until the supervisor arrives.

Paul

Paul hate to disagree with you also...but storm trooper is 100% right...Me being a police officer....you can ask for whatever you want...but if I am locking you up...you go directly to jail and do your complaining behind bars...sorry!

Oh but as far as this issue goes...it might be a good idea for the person hunting to talk to a couple of the regular officers that work the hunted area...If possible explain it would be nice to have a card or use their name to avoid an altercation... Also not sure where all you people are hunting...but how about moving to another location if one is causing trouble....I have so many spots....for you that do not have a lot of places to hunt I feel bad. The park employees usually see I am really good at pinpointing and extra careful to cover my holes. The only conversation I ever have is about what I have found! ....good luck!

 

[soar697877]

I have gotten no response yet from FMDAC

Hopefully I will, or maybe they can post something in this forum even, that would be nice.

 

[soar697877]

Here is a few pictures of a local city park, so ya'll can visualize why I think the Park Dept Deputy Director here in Clarksville, TN is pushing it with the "vandalism" threat to MD even in park areas with sand,woodchips,etc....yall be the judge.