Run off for the 1st time near San Diego

[Nugs Bunny]

I cannot find any rules or regulations pertaining to metal detecting in Poway Municipal Code, there are sections concerning "digging" but it was written for construction.

There are restrictions regarding San Diego County parks, nothing on metal detecting, however one is restricted from digging or excavating.

I have not searched the California Code so I have no information there.

I recommend finding out who owns the park and what authority it's under.

If it's a Poway City park, there is no written restriction I can find ONLINE in any of the rules or regulations. If it's public property and it's not restricted by written law they have no "legal basis" to restrict LEGAL activities.

Here is what I was able to "dig" up!

American Legal Publishing - Online Library
SEC. 41.129. AIRCRAFT.

No person shall bring, assemble, take off, land or use any aircraft or any other device capable of carrying a person in the air, including a hot air balloon, hang glider, kite or motorized craft in any County park without written authorization from the Parks Department.

(Amended by Ord. No. 9890 (N.S.), effective 10-26-07)

See what you have caused with your careless operation of that hovercraft Kemper?!?!

American Legal Publishing - Online Library
SEC. 41.101. PURPOSE.

The County owns, leases and manages a diverse collection of properties that include areas for active and passive recreational use, community and recreation centers, open space areas, ecological reserves, monuments, landmark sites and other sites of historical interest. The County Department of Parks and Recreation (Parks Department) manages and/or supervises the management of these properties and as necessary, maintains and protects the properties for the public benefit. The purpose of this chapter is to provide regulations for the safe and orderly use of properties for which the Parks Department is responsible to maximize the public benefit while safeguarding valuable resources for future generations.

(Added by Ord. No. 9890 (N.S.), effective 10-26-07)

American Legal Publishing - Online Library
SEC. 41.102. DEFINITIONS.

The following definitions shall apply to this chapter:

(a) "Animal" means any living thing that is a member of the animal kingdom, other than a human being.

(b) "County park" means any park, community center, recreation facility, sports complex, open space preserve, ecological reserve, landmark site or monument site owned, leased or managed by the County.

(e) "Ecological reserve" means land or water areas the State establishes and the County manages, that are to be preserved in a natural condition for the benefit of the public to observe native flora and fauna and for scientific study or research.

(g) "Historical site" means an object, building or structure that has historical or cultural significance.

(h) "Landmark site" means a place that has historical or cultural significance.

(j) "Monument site" means a place where something has been erected in memory of a person or event.

(k) "Open space preserve" means land that contains sensitive natural biological and cultural resources and may allow limited passive recreational activities depending on the sensitivity of the resources involved.

(o) "Vehicle" has the same meaning as the term "vehicle" in California Vehicle Code section 670.

(p) "Water body" means any lake, river, stream, creek, pond, pool or reservoir located in a County park.

(Amended by Ord. No. 3965 (N.S.), effective 10-19-72; amended by Ord. No. 6370 (N.S.), effective 7-8-82; amended by Ord. No. 8316 (N.S.), effective 11-25-93; amended by Ord. No. 9578 (N.S.), effective 8-8-03; amended by Ord. No. 9890 (N.S.), effective 10-26-07; amended by Ord. No. 9925 (N.S.), effective 4-11-08)

American Legal Publishing - Online Library
SEC. 41.113. GEOLOGICAL FEATURES.

It shall be unlawful for any person, without written authorization from the Parks Department to engage in or retain any person to engage in any of the following activities in a County park:

(a) Dig or excavate.

(b) Remove earth, sand, gravel, rock, oil, natural gas, gold, silver, salt or any other mineral, fossil, remnant of a fossil, artifact or remnant of an artifact.

(c) Disturb, deface, disfigure, mark on or destroy any cave, rock formation or any other naturally occurring feature.

(Amended by Ord. No. 6370 (N.S.), effective 7-8-82; amended by Ord. No. 9890 (N.S.), effective 10-26-07)

American Legal Publishing - Online Library
SEC. 41.111. PLANTS AND TREES.

It shall be unlawful for any person, without written authorization from the Parks Department to:

(a) Remove, burn, move, cut, trim, destroy or damage in any manner, any shrub, tree, plant, aquatic plant or any other type of vegetation in a County park.

(b) Add any shrub, tree, plant, aquatic plant or any other type of vegetation in a County park.

(Amended by Ord. No. 9890 (N.S.), effective 10-26-07)

American Legal Publishing - Online Library
SEC. 41.143. OTHER LANDS MANAGED BY THE PARKS DEPARTMENT.

It shall be unlawful for any person to enter or remain on any land the Parks Department manages or controls, that is not designated as a County park, without written authorization from the Parks Department.

(Amended by Ord. No. 9890 (N.S.), effective 10-26-07)

American Legal Publishing - Online Library
SEC. 41.106. COMPLIANCE WITH INSTRUCTIONS AND SIGNS.

(a) No person shall refuse or fail to comply with any lawful order, warning or other instruction given by a park ranger in a County park, when the park ranger determines that a person is violating a provision of this chapter or engaging in conduct that presents an immediate threat to the safety of any person or property.

(b) No person shall disregard, deface, alter or tamper with any warning or instructional sign located in a County park.

(c) A park ranger, any other Parks Department employee or any law enforcement officer may order a person to leave a County park if the person violates subsection (a) or (b) above or if the person violates any other provision of this chapter.

(d) It shall be unlawful for any person to refuse to leave a County park after being ordered to leave pursuant to subsection (c) above. A person may not refuse to leave a park on the grounds that the person believes the order to leave is unjustified.

(Added by Ord. No. 9890 (N.S.), effective 10-26-07)

Well at least we know one can have Chickens in Poway! Lol!

Poway California Chicken Ordinance - BackYard Chickens Community
Poway California Chicken Ordinance

Are Chickens Allowed in this location	Yes
Max Chickens Allowed	Based on lot size
Roosters Allowed	Yes
Permit Required	No
Coop Restrictions	Proximity, noise, sanitation, zoning restrictions apply.
City/Organization Contact name	NOISE ORDINANCES trump all others.

 

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[usmc1361]

Under that logic you would not be able to step in the park because you would disturb the dirt.

Exactly what i am thinking too. Especially organized sports. They tear fields up, and if its wet, there is no grass growing anymore for...months, if not years.

 

[usmc1361]

All this fuss because one peckerwood decides he didn't like someone enjoying their hobby while he had to work.

Exactly! I didn't even think of that.

 

[usmc1361]

In the town where I live, there is only one officer that has an issue with detecting the park down town. He ran me off last July. I was being very careful with my plugs, was even using a hand towel to make sure all the dirt went back in the hole. He stormed across the grass shouting "what the H#LL are you doing"? I politely stated that I was not doing anything illegal or immoral. He told me "someone might see you" to which I replied, again I am not doing anything illegal nor immoral and then I left the park to diffuse the situation. Since the weather was great on Christmas and the day after, and thinking that there would be limited police presence over the holidays I hit the park on those days. Only found a couple wheat pennies and other clad. This park is used for a couple of craft sales, and 2 festivals every year. I am certain it has been pounded over the decades and knowingly detected this park for the clad. Not many quarters were dug. I pulled over $15, mostly dimes and pennies. I dug over 220 plugs those 2 days and none were noticeable. the new crop of police officers in town are young and friendly. I have met a few of them at different locations as they pulled up and asked if I was having any luck? One stated that he received a metal detector for Christmas last year. I plan on working with this officer in the future since he is very green at dirt fishing. He is a local that may assist in getting permissions to doing some farm fields in the township. I look forward to hunting with him when the weather changes.

I agree to stay low key and not escalate the situation.

That is awesome. I wish that I could find some people like that. I cant say whether the cops out here are good or not, Ive never ran into them. One did let my wife off of a cell phone ticket though, so id say they arent all pricks. My dad is a retired cop, I wish they could all be like him.

 

[usmc1361]

Basically what this boils down to is, You've got a park employee who's probably been stuck there with no chance of advancement. He told you not to detect and that made him feel important and he had some perceived authority. Simply, you could go back with a buddy or two. IF he doesn't go up to each one of you and tell all of you to stop or leave, that's selective enforcement. The legal beagles can look it up, and it's in the Calif. Penal Code. If he persists, you are well within your legal right to call the police & have him cited for harassment! Been there done it. An easier route is to have him call or call yourself to have a park ranger come out. In my area I've made friends with the rangers & have a card with their direct numbers. More than once I've had them come and slap down a park employee overstepping his authority. Sometimes just pulling out your cell phone and asking Can I have your managers number... Oh wait I have it will send them scurrying back to their pickup. Plain & simple this guy is a bottom of the list civil servant looking to feel important.

I am acquaintances with one of the park rangers close to here. I will have to talk to him about the issue and see what he thinks about it, maybe get his card too.

 

[usmc1361]

I would have told that city worker assbag to either arrest me or mind his own business.

I am slightly new to MD'ing. Im obviously not a kid by any means too, and certainly not a pushover, I am more than comfortable in any type of conflict/confrontation. But I wanted to make sure that I wasnt in the wrong first, and that I just missed something.

 

[usmc1361]

I cannot find any rules or regulations pertaining to metal detecting in Poway Municipal Code, there are sections concerning "digging" but it was written for construction.

There are restrictions regarding San Diego County parks, nothing on metal detecting, however one is restricted from digging or excavating.

I have not searched the California Code so I have no information there.

I recommend finding out who owns the park and what authority it's under.

If it's a Poway City park, there is no written restriction I can find ONLINE in any of the rules or regulations. If it's public property and it's not restricted by written law they have no "legal basis" to restrict LEGAL activities.

Here is what I was able to "dig" up!



See what you have caused with your careless operation of that hovercraft Kemper?!?!













Well at least we know one can have Chickens in Poway! Lol!

Thank god for fresh eggs! Ha ha.

 

[el padron]

Next time just start flailing your arms and screaming the end is near they took me up in their ship and told me so. Maybe even drool a little bit. I bet they don't bother you again. LOL. Give somebody a collared shirt and an iron on parks badge and all of a sudden they're dirty harry. Sorry to hear about this guy pestering you. Best of luck.

"Dirty Harry" LOL

 

[Higgy]

Dennis, on your first point, you're right: Just because you can get the person to admit you PERSONALLY are neat, clean, and leave no trace, yet ........ in their mind's eyes ....... it just opens a pandora's box. Eg.: "what's to stop every other yahoo from coming here and doing the same thing, and perhaps the next md'r isn't *quite* so neat and clean ?" So this is why the mere legal distinction between "damage" and "damagED", won't fly when disputed with the person who accosts you. Oh sure, it may be totally legally defensible semantics, but you will still end up on the loosing end of that debate.

This is truly the essence of it. In the uneducated public eye, we are chaff. We are scavengers. We are the fringe. To them we have an aura of shadiness, no matter how clean and well-mannered we are, in fact, I would suggest that there are instances where that can be a deficit to our cause. You said, "...you will still end up on the loosing end of that debate." I think we always will.

I think that we will always be on the brown end of the stick, because most of us actually like it that way. Do we REALLY want the general public to fully recognize and understand what we are doing? I sure don't.

 

[Msbeepbeep]

Yep a lot of people take a dim view of us because they don't fully understand our hobby. After all why would a "normal" person want to walk around waving a "thing" over the ground and then dig up dirty old stuff

Years back I too have been told I can not dig at a public park as I watched over the officers shoulder, a boy and a dog digging shells, and people with buckets and shovels digging clams. He also told me I could detect all I wanted but could not dig. Hmmmm? Maybe if I had been standing closer to the other diggers he wouldn't have noticed "me" detecting.

A few years before that I was detecting in an MDCR park and a ranger told me I could not metal detect and dig because I "might" find and dig up a relic - any thing over 50 years old in this state, Mass., but then that would include me!

I have learned to keep a low profile, I detect early Sunday mornings. I have detected court house lawns, parks, sports fields, schools, etc. with no problems. One park worker told me "good for you" and pointed me to a park that has events.

Timing is everything, makes the difference when the good people or the bad people are there.
We have to pick our battles.

 

[Tom_in_CA]

reply

This is truly the essence of it. In the uneducated public eye, we are chaff. We are scavengers. We are the fringe. To them we have an aura of shadiness, no matter how clean and well-mannered we are.... .

Higgy, Yup. There is admittedly "connotations" of our hobby. That we might be about to leave a hole or mess, and that we take & remove. You can knock yourself silly trying to get those "uneducated" people's minds changed, and "get their permission" if you want. Or .... just don't bump into those kill-joys, in the first place.

It's not that I don't WISH I could get every last person on earth to "love and adore" my hobby, but I'm a realist, and know that not every last archie and gardener is going to condone this. So rather than run around trying to get everyone to sign off on me, I've decided to pick lower traffic times, and avoid those who might gripe.

 

[Treasure_Hunter]

It was private property and you didn't have permission to be on it ...

Posted From My $50 Tablet....




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