Recieving permission, a mixed blessing.

Sheldius

Hero Member
Mar 15, 2007
751
6
Bronx, NY
Detector(s) used
Garrett Master Hunter CX Plus, Minelab E-trac, Bounty Hunter Pioneer 505
Primary Interest:
All Treasure Hunting
I was checking to see if Winterville, a town in Athens-Clarke county had any local laws about MDing. I already have permission to detect any ACC parks. Got a reply back from Winterville - "You can metal detect. You just can't dig."

What do I do with that? ??? Wonder if "playing" in the bark chips counts. Probably won't risk it.
 

I know its hard but if you are allowed to use the metal detector I would say go for it. There is still a bunch of stuff out there to be found. I hit nice areas where I can't dig. I detect, and when I get a signal I pull out my pin pointer and if my pin pointer locates it then its mine to collect. Its a nice change from digging all the time. I will say though there are times that I hit a great signal and its 4"...man is it tempting but I don't do it.
 

I got the same answer from a local state park.

I think it was enacted during the "I smoked it but did not inhale" administration.
 

txkickergirl said:
I know its hard but if you are allowed to use the metal detector I would say go for it. There is still a bunch of stuff out there to be found. I hit nice areas where I can't dig. I detect, and when I get a signal I pull out my pin pointer and if my pin pointer locates it then its mine to collect. Its a nice change from digging all the time. I will say though there are times that I hit a great signal and its 4"...man is it tempting but I don't do it.

Thanks, I was actually thinking of doing that. I WON'T take a digging tool with me, just so there is no mistakes. In the bark I think scuffing and moving things with my hands would be fair. Will still have to stay away from the deep signals.
 

take a small spoon or something that will allow you to just shift through the surface dirt. If my pin pointer hits on it then I know its either right on the ground, in the grass or just barely underneath the dirt. You can use your hands but make sure to wear gloves, ants, stickers, glass etc. Thats why I say take something small to just move the dirt or grass around a little.

Good luck. I just got banned from digging in my front yard. Hubby came home and caught me and was not happy when I showed him my quarter and 4 pennies I had found (i found it all in less than 10min.) He said the back yard is all mine but stay out of the front :( I wasn't even digging anything over 3" and it was nice because I found no trash just change and a bolt(which by the way he had looked for himself awhile back because it goes to the mower) Oh well guess I will just have to go somewhere else. LOL
 

This may be an opportunity to learn to pop coins. I don't think they would consider it digging.

Daryl
 

They are taunting you I am telling you!!!! :o

Anyways, that's kind of dumb being able to detect and not able to dig.

I would think popping a coin would be considered digging. If not are there any good threads on the forums to learn about coin popping?
 

Thanks BioProfessor
 

Sheldius said:
I was checking to see if Winterville, a town in Athens-Clarke county had any local laws about MDing. I already have permission to detect any ACC parks. Got a reply back from Winterville - "You can metal detect. You just can't dig."

What do I do with that? ??? Wonder if "playing" in the bark chips counts. Probably won't risk it.

Thats hilarius.

Technically you can get around this semantic clause by drilling or plugging which is not digging.
 

It says that YOU can detect but YOU can't dig. All you have to do is have your partner do the digging! ;D ;D
 

I wouldn't use the "technicality" that drilling or plugging isn't digging. "semantic" arguments very rarely work in court. I'd be willing to bet that if the law says there is no "digging", then digging is defined somewhere, very specifically. Find the definition. If there isn't one in the statue, the judge can pull out the good 'ol Websters dictionary and read the definition. (I've seen them do it before on the bench)... and here's what you'll hear:

dig1 /dɪg/ Pronunciation Key - Show Spelled Pronunciation[dig] Pronunciation Key - Show IPA Pronunciation verb, dug or (Archaic) digged, dig·ging, noun
–verb (used without object) 1. to break up, turn over, or remove earth, sand, etc., as with a shovel, spade, bulldozer, or claw; make an excavation.
2. to make one's way or work by or as by removing or turning over material: to dig through the files.
–verb (used with object) 3. to break up, turn over, or loosen (earth, sand, etc.), as with a shovel, spade, or bulldozer (often fol. by up).
4. to form or excavate (a hole, tunnel, etc.) by removing material.
5. to unearth, obtain, or remove by digging (often fol. by up or out).
6. to find or discover by effort or search.
7. to poke, thrust, or force (usually fol. by in or into): He dug his heel into the ground.

About 2 seconds after the judge reads it... expect him/her to ask you if you think cutting a plug doesn't fall under the definition

steve
 

spez401 said:
I wouldn't use the "technicality" that drilling or plugging isn't digging. "semantic" arguments very rarely work in court. I'd be willing to bet that if the law says there is no "digging", then digging is defined somewhere, very specifically. Find the definition. If there isn't one in the statue, the judge can pull out the good 'ol Websters dictionary and read the definition.

To be honest, I'm not sure there is a statue. I was emailing a city official and I'm just going to trust with what he said. He didn't cite any legal code. I don't want to make a big stink (or legal case).

I'll respect their wishes and not dig. Pushing some bark chips around, I think I can chance that. I really like that the schools even have signs saying it is a public ACC park after school hours.

Also, the finds haven't been that great, so I'll probably only hit this a last resort and not more than once a year.

Thanks for all the input.

HH.
 

I have a "trust but verify" policy. And, if you do push the issue, you always run the risk of just pissing off the officials and get denied permission completely... even if you're in the right. You can probably find out if there is a statute fairly easily. If your town has a website, see if they have a "municipal ordinance" section... and do a quick search. Or, do a quick google search with your state, and a couple keywords on metal detection... you'll be surprised what you can find.

If you don't have any luck, drop me an email and I'll see if i can find it quick for you. I have access to about 30 states' laws through my law office.

steve
 

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