Close encounter with LEO:
So, the other day I'm at a little city park watching my son and daughter-in-law practice for an upcoming softball game. I walked over to where the rules for the park were posted and there was nothing about detecting so I went back to the car and geared up.
A little while went by and I had found some clad including 3 quarters in one hole by the swing set. I was about to dig a plug on a nice grassy area when I heard someone yell "HEY"! I looked up to see a LEO coming directly at me while wagging his finger and telling me I couldn't dig in the park. I replaced my plug and explained that I hadn't seen it posted so I decided to proceed; especially since I was replacing my plugs, etc. He said it wasn't posted but it wasn't allowed. He explained that the mayor had seen me and freaked out.
Anyway, we chatted for a few minutes and he said that he would suggest that they post it with the other park rules to make it easier on everyone.
When I returned home I decided to log on to the city's website to see exactly what the ordinance stated. To my surprise there wasn't anything in the city ordinances pertaining to metal detecting. The only thing that I could find that might pertain was a passage that said that it was illegal to cut any turf in the park.
So the question I have for the forum is this: do I just refrain from md'ing in that park or do I print out the city park rules and ordinances to show to the LEO if he stops me again... or do I ask the city clerk for permission... or??
Thoughts??
Thanx for posting your encounter. A few thoughts:
The LEO is right: There need not be any sign. And yes, he/they can, at their discretion, morph something and claim that md'ing falls afoul of it. Laws/rules like "cut" , or "deface", or "dig", or "alter", or "annoy", "take" "remove", etc..... Because laws are always written vaguely, so as to fit various circumstances that may arise in the field. Because it's impossible to write *exact* laws, for every last nuance or oddity that might occur. So that's why, for example, there's laws that forbid "annoyances", blah blah. Yes quite ambiguous. And yes could allow for arbitrary and capricious application on the part of an LEO. But it simply has to be that way. Otherwise cops would forever be arguing semantics with all sorts of yahoos in the field.
Eg.: "but officer, I wasn't technically nude in public, since I was wearing a single sock", blah blah
But on the other hand, JUST BECAUSE something could be construed to forbid md'ing, DOESN'T mean we all need to go grovelling for permission at every park we come to. Or that it automatically applies, until given a princely blessing to the contrary. We just have to realize that we're in a hobby with admitted connotations. Eg.: that you might be about to 'take something' or 'leave a hole', etc...
Thus unfortunately, we're in a hobby where you need to use a little discretion, and not swat hornet's nests. Ie.: pick low traffic times and avoid those who might gripe. Because you're never going to convert them, and get them to roll out red carpets for you. In fact, you can see from your own experience that it's quite the opposite. Because you say that now they're going to consider adding "no md'ing" to the list of rules on the sign there (hence making it official. Rather than a single fluke 'scram'). Why ? Because you dutifully informed him that it wasn't of the list of rules. Hence the wheels of his brain start to turn, resulting in the "rule to invent, that will address this pressing issue".
As Fletch88 alludes to: a park right next to city hall and the police dept. combined, is a risky place. If ANY place were going to generate a scram, that's high on the list. Parks like that I strictly hunt at night. So peaceful. So serene
