Legal or Illegal?

[Jwilson534]

So I live in a town that is a historical district and the town is actually listed on the historical website. I'm wondering would that make the entire town illegal to detect since it's listed as a historical district? There is a cop in our town that I was told metal detects and he says it's legal to detect the grassy areas between the road and sidewalks because that is owned by the city. Anyone have any thoughts about this?

 

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[Mackaydon]

Ask your city attorney.
Don......

 

[Jwilson534]

Ask your city attorney.
Don......

Ok, that was the problem I was having I wasn't sure we're to look or who to ask. Thanks.

 

[Goldfleks]

be neat and respectful and you wont have issues wherever you go.

 

[vpnavy]

Jwilson534 - Just about all towns now have websites. I would find the site and download the ordinances and do a search on MD. Not knowing the town you are talking about - here is a good starting place: Ohio Laws, Bans and Permits

 

[Jwilson534]

Jwilson534 - Just about all towns now have websites. I would find the site and download the ordinances and do a search on MD. Not knowing the town you are talking about - here is a good starting place: Ohio Laws, Bans and Permits

Yes I've looked at our towns website and they have nothing listed. And thanks for the link but I've looked at it already and my county is not on there.

 

[Jason in Enid]

Can we please make this answer as a GIANT sticky post?! This is almost a weekly question.

 

[relicmeister]

I know what Tom in ca will say about asking.

 

[Goldfleks]

"Puts on her best Tom in CA Voice"

AHEM... Taps mic...

So Jilson534 as soon as you go around asking people at the city if it's ok to metal detect, when people have been detecting there for 20 years without any issue... Pretty soon the people at the city start to wonder if it is OK to detect. And pretty soon they start thinking it's not ok to detect because with enough people asking...

 

[TommyB]

I would detect where the Cop friend told you. He IS a cop. If someone else confronts you, tell them that that's where law enforcement says was OK.
Too many questions could ruin it for everyone.

 

[Tom_in_CA]

Ask your city attorney.
Don......

Ok Don, and tell us what that "city attorney" will base his answer on? He will base it on actual "law" right ? In other words, if he said "no you can't", he would be able to POINT to something that actually says that , right ? As opposed to his mere "whim", right ?

Then in that case, why can't the O.P. simply look up the laws for himself ? They're no secret after all, eh ? Because the problem with asking a desk-bound city person, is that all-too-often they just take the "safe/easy answer" out, and just say "no". Because of some ancillary verbiage (alter / disturb / take/ remove / cultural heritage, etc...) that they *think* applies to your "pressing question". When in fact, the topic probably never crossed their mind before. And that others (like a cop no less) have no problems md'ing.

I've seen this happen, where someone fetches a "no", at parks where ....quite frankly ... it was never a problem.

As for the OP's question: I too lived in a city for awhile (Pacific Grove, CA) where it has a "historic district" (all the old-town district buildings and houses have plaques on them, etc....). And I detected there all the time, no problem. A homeowner / private property owner can do whatever the heck he wants with his own property. If he elects to allow someone to m.d. in his yard, that's his business.

So unless the O.P. sees something in Muni. code that actually specifically says "no md'ing", fine then, it's not prohibited. Don't over-think things. Don't swat hornet's nests

 

[Jwilson534]

Ok Don, and tell us what that "city attorney" will base his answer on? He will base it on actual "law" right ? In other words, if he said "no you can't", he would be able to POINT to something that actually says that , right ? As opposed to his mere "whim", right ?

Then in that case, why can't the O.P. simply look up the laws for himself ? They're no secret after all, eh ? Because the problem with asking a desk-bound city person, is that all-too-often they just take the "safe/easy answer" out, and just say "no". Because of some ancillary verbiage (alter / disturb / take/ remove / cultural heritage, etc...) that they *think* applies to your "pressing question". When in fact, the topic probably never crossed their mind before. And that others (like a cop no less) have no problems md'ing.

I've seen this happen, where someone fetches a "no", at parks where ....quite frankly ... it was never a problem.

As for the OP's question: I too lived in a city for awhile (Pacific Grove, CA) where it has a "historic district" (all the old-town district buildings and houses have plaques on them, etc....). And I detected there all the time, no problem. A homeowner / private property owner can do whatever the heck he wants with his own property. If he elects to allow someone to m.d. in his yard, that's his business.

So unless the O.P. sees something in Muni. code that actually specifically says "no md'ing", fine then, it's not prohibited. Don't over-think things. Don't swat hornet's nests

Yep I'm just going to go for it and if they ask me to leave I will.

 

[cudamark]

Public property......never ask......just look it up yourself to see if there are no prohibitions. Private property.....always ask.

 

[foiler]

everyoneshouldthinklikethatcopnofear

 

[TerryC]

It is my opinion that the agency that declared the area as an historical place is the key. The city? State? Feds? Is it incorporated city property, state land, national forest? Lots of questions with differing laws. Most of the posts here (including mine) are only opinions. Do your research before digging! TTC

 

[Goldfleks]

So far every motorcycle cop and city cop has drove right past me when I've been detecting the curb strips and other green belts near the roads. Pretty sure they really don't care and only get involved when someone calls in a complaint. I'm sure cops don't have quota's for handing out citations for metal detectors.

 

[PullTabSlayer]

Most areas have Info for metal detecting rules online.
I recently checked rules for St. Louis County parks.
Metal detecting is permitted, but you cant dig!
Specifically states you can use a probe no larger than 1/4" as long as your probing doesn't damage plants.
In other words they say no you cant metal detect the park while saying yes you can.

 

[Tom_in_CA]

.... I recently checked rules for St. Louis County parks. Metal detecting is permitted, but you cant dig!....

Haha, well gee, I wonder what put this "front and center" for someone, way-back-when, to introduce this wording to their city codes ? You can *maybe* get around this by playing semantics and probing and prying out your targets (but it risks scratching coins).

With a screwdriver and a lot of determination, I can make some PRETTY DEEP slits, to fish out my targets And semantics debate is, that technically this doesn't constitute "digging", if you're not bringing dirt to the surface. If you're doing this at night, when no one's around to gripe, then you'd never be subject to the debate of semantics in the first place. After all, the mere act of detecting itself is not dis-allowed. Presto. Problem solved.

 

[ivan salis]

I would think with land owner ok that one could hunt any private land ...now public areas might be different due to its "historical nature" status ...

 

[Carolina Tom]

Do not ask. Just help yourself, and be neat and polite.

Good luck!