Metal Detecting Public Parks

[silvereagle78]

This is probably a stupid question or has been asked before. Should you seek permission to hunt a public park? If you do who would you ask? The reason I ask this, On the east coast its not such a big deal there is grass everywhere, in southern Nevada grass is as valuable as silver. Alot of money and work goes into keeping them green, I feel I would be ticking someone off digging plugs in there nice patch of grass. The parks do not have posted regulations and are owned by the city. Thanks, V

 

Amazon Forum Fav 👍

A Handbook of Civil War Bullets and Cartridges - Grab it through Amazon!

[Dirty WhiteBoy]

You are paying for those parks if you pay taxes! Dig man dig! Just be sure to cover the holes up and nobody will gripe and we don't get a bad rap over it! If it is illegal....the police will let you know, but don't be afraid...they will normally only run you off at worst! Those parks are for everybody!

 

[Goodyguy]

You are paying for those parks if you pay taxes! Dig man dig! Just be sure to cover the holes up and nobody will gripe and we don't get a bad rap over it! If it is illegal....the police will let you know, but don't be afraid...they will normally only run you off at worst! Those parks are for everybody!

I totally agree.

GG~

 

[nova]

If you go and ask the City you will most likely get turned away. If there is nothing posted stating NO M.D.
then hunt. Please make sure that plug is not -noticable. That is why some city's do not allow it. They say it is ruining the lawns.

 

[Tom_in_CA]

I agree with the answers so far. If it's not specifically forbidden, why would you ask? I mean, wouldn't that be like "asking permission to fly a frisbee" etc...? Of course, this assumes you're not planning on leaving a mess. As long as you're discreet (go at low traffic times - after 5pm, etc... , don't stick out, etc...) then I would consider yourself no different than any other park user. To think you need to ask permission, merely implies that something is inherently wrong with you, or your hobby, that you had to ask to begin with. And with that premise in mind, you risk a "no", just because some desk-bound bureacrat felt like it (maybe they envision geeks with shovels or whatever).

 

[Socalal]

I too agree that you don't go ask permission to search in a Public Park. There are a few cities here in Southern CA that the City Council has voted to close to metal detecting ---- and I wouldn't go there, but I'd certainly just go right ahead and search other parks in other cities without asking. You might also note that some of our cities require a permit before detecting, but so far, they've always got a sign posted.

 

[Ray S ECenFL]

Here is how to answer your own question.

Do you need permission to use the swings in a public park?
Do you need permission to throw a frisbee in a public park?
Do you need permission to sit at a picnic table and eat your lunch in a public park?
Do you need permission to play catch in a public park?
Do you need permission to metal detect in a public park?


Unless there are signs stating that you can not do any of the above, then you do not need permission.

Ray S

 

[DPBOB]

Don't Open A Can Of Worms your only asking for trouble that you will not like... That trouble is the word " NO"
leave it alone and go about it..

Biggest problem is always some one wants to open that can of worms and then their all pissed off at the answer.

 

[jb7487]

I've asked two Parks and Recreation departments and both have said it is ok. One of those made it clear to those that read between the lines that it is not against the law but is frowned upon. If they catch you digging holes there could be trouble. I personally believe that you should always ask first. The worst that can happen is that they will say no. As long as you ask correctly then you should get a straight answer. For example, you might ask if there are any rules or regulations regarding using a metal detector in the park. That would be in contrast to simply asking "can I use my metal detector in the park". The former must be answered directly and the person answering the question could get in deep trouble for lying. The latter can be based on opinion. If they tell you no and they seem like they are being a jerk, seek a second opinion or get clarification by reasking in a different way.

I have also printed out the letters from the parks departments in case the cops, grounds keeper, or some "do gooder" decides to hassle me. At the very least I can show them the letter and respond that I've been given permission from the appropriate authorities. So far I haven't had any trouble but I'm new to the hobby. Undoubtedly, the day will come when I'll need to show the letters to get rid of someone who is putting their nose where it shouldn't be.

I believe in being safe rather than sorry. Ignorance of the law is never an excuse. And if your local city council has specifically created an ordinance against using MD's in the parks because someone else has ruined it for everyone then you are better off knowing that up front and simply going somewhere else.

Finally, spend some time out here learning the code of ethics. Always fill your holes and learn how to dig a proper plug. Understand weather conditions and how they effect plugs and the damage they can do. Don't be the guy that causes the city council to finally decide that a ban is required.

That's my two cents. Take it or leave it.

 

[silvereagle78]

I've asked two Parks and Recreation departments and both have said it is ok. One of those made it clear to those that read between the lines that it is not against the law but is frowned upon. If they catch you digging holes there could be trouble. I personally believe that you should always ask first. The worst that can happen is that they will say no. As long as you ask correctly then you should get a straight answer. For example, you might ask if there are any rules or regulations regarding using a metal detector in the park. That would be in contrast to simply asking "can I use my metal detector in the park". The former must be answered directly and the person answering the question could get in deep trouble for lying. The latter can be based on opinion. If they tell you no and they seem like they are being a jerk, seek a second opinion or get clarification by reasking in a different way.

I have also printed out the letters from the parks departments in case the cops, grounds keeper, or some "do gooder" decides to hassle me. At the very least I can show them the letter and respond that I've been given permission from the appropriate authorities. So far I haven't had any trouble but I'm new to the hobby. Undoubtedly, the day will come when I'll need to show the letters to get rid of someone who is putting their nose where it shouldn't be.

I believe in being safe rather than sorry. Ignorance of the law is never an excuse. And if your local city council has specifically created an ordinance against using MD's in the parks because someone else has ruined it for everyone then you are better off knowing that up front and simply going somewhere else.

Finally, spend some time out here learning the code of ethics. Always fill your holes and learn how to dig a proper plug. Understand weather conditions and how they effect plugs and the damage they can do. Don't be the guy that causes the city council to finally decide that a ban is required.

That's my two cents. Take it or leave it.

JB, your absolutely right, I had an interesting conversation with somebody on PM that showed I was probably right in asking this question. What is the worst that will be said.... No.... O well, it turns out in my area not all the parks aren't allowed to be MD'd in. Any way I am glad I posted Thanks for all your input.

 

[Tom_in_CA]

SWR, what you're talking about, is a different situation: That of a rule existing, but that isn't posted necessarily on the wooden sign at the park entrance. If someone is skittish of that scenario, they I STILL say they shouldn't ask. Instead, they can look it up themselves. Most cities have a website with their rules and codes posted there (do a key-word search under "metal detecting" or whatever).

The problem with "asking", is that you can risk a "no", simply because someone felt like it, EVEN in the absence of any actual rule. And this can hold true even if you carefully phrase it as: "Are there any rules prohibiting metal detecting?" (thinking that this puts the burden of proof on them to show such a written rule). Because the clerk could say something like "no, we would prefer you not do that". If you challenge them and say "but where is that written?" they can merely say "we don't want people tearing up the park". And then you simply get into a p*ssing match of whether or not you only dig surface clad, or whether you probe only, or whether or not you'll leave no trace, blah blah. Who do you thinks going to win that debate? And truth be told, no one probably would have ever paid you mind, if you had just gone. I mean, it would be like if I asked them "can I spread peanut butter on my shoes and march around the park with a tin-foil hat on?" They might say "you need a parade permit etc...." But if I just did it, do you really think anyone cared?

JB7487: Congratz on your "permission" to metal detect in two parks. I gaurantee you that I can JUST as quickly go to that SAME clerk, and get your "permission" just as quickly revoked. You see, permission simply means the person granting it simply didn't think through all the facts. All I need to do is mention things like "digging", "holes", ARPA, cultural heritage, city artificats ending up on your mantle, non-returned personal jewelry, etc.... And guess what will happen to your "permission"? And if you think your permission slip will do you a bit of good when some busy-body comes up to gripe, guess again: You can still get booted. There's been many posts of persons who are quickly over-ridden by an irate cop or gardener, who sees things differently. And if you push your little permission slip authority, they merely call down to city hall, and say "the guy is making a mess, who the heck 'permitted' this??"

Lastly, you say "the worst that can happen is that they will say no" Well GEE, that seems like a pretty dire acknowledge outcome to me! Why would I want to basically "get a rule written", where none previously existed before, and where no one really cared before (till you asked)? I mean, what sense does that make? This happened in my own city: Someone newbie who moved to our city takes it upon himself to go down to city hall and ask "Is metal detecting allowed in Central Park?" (afterall, "better safe than sorry, he probably reasoned). Some desk-clerk tells him "no". So when he attends our local detecting club meeting, and sees others who have entered in some old coins "found at Central Park", he raises his hands and objects "I thought detecting was illegal in Central Park?" The rest of us turn around and say to him "since when? who told you that?" Heck, we'd been detecting there for 10+ yrs. by then, and no one had ever had a problem. Well you can guess what happens next: half the room of hobbyists think "oh no, the parks are off-limits now", and the other half says "nonsense, no one's ever said anything to me, you probably just got some desk-clerk who gave the easy answer, and I'm not going to let it stop me". That was ~20 yrs. ago. And to this day, you can still go detecting in the parks here, as long as you're not being a nuisance, sticking out, or leaving holes. So you can see that the person who thinks he needs to ask (where no rule really exists), merely precludes himself from a good hunt site. What sense does that make?

 

[Ray S ECenFL]

Tom in CA,

Very well put. I agree 100%

Ray S

 

[TerryC]

Call the local police. Tell them "I saw someone md'ing (put name of park here) park. Is that against the law"? If you get a no, GO FOR IT! Get the name of the person answering the phone and note (WRITE IT DOWN!) the time and date. Most phone calls are recorded. That is good for you... you'll see later.Take that info with you when detecting. I was a Milwaukee cop for almost 20 years. I know there are some cops that just don't like OUR KIND and will tell you to get out. If you tell him, calmly and firmly, the info you WROTE DOWN, he will leave. Leave if he insists, then take it up with the chief or city council. Don't be intimidated because he has a badge, maybe that's HIS favorite hunting site! ttc

 

[jb7487]

Tom_in_CA, I'm not sure why you decided to dump on me. Maybe you are having your period this week.

Sure, just because someone says its ok doesn't mean that they actually investigated the rules. But the two acknowledgements I've gotten so far indicated that they had indeed investigated the rules. Especially the one from the rec department that cited specific regulation numbers related to tearing up the grounds. But even if they don't go and investigate the actual rules I still say that having an email from an authoritative figure is going to help you stay out of jail. Ignorance of the actual law is no excuse. But if you made the effort and can show the officer the letter he will likely let you slide. As for getting booted anyway, that is going to happen. I never said that I couldn't get booted by having a letter. You incorrectly inferred that I felt that way which is not the case. But I would bet that my chances of getting arrested when having a letter are far less than those people who just go out and dig wherever the hell they want to. And yes, I can still get arrested. You can ALWAYS get arrested.

As for newbies causing problems "just by asking" I think you are overreacting. Please don't tell me that you risk "raising awareness" and having someone push to have laws created. I just don't buy that argument. That's just conspiracy theory mumbo jumbo. And if the issue is that you don't like newbies or don't like change then I can't help you.

Again, if you want to risk pleading ignorance then go ahead. Even if you ask and they say no you can still go ahead and plead ignorance anyway by pretending that you never asked. That's the main point. What do you really have to lose by asking?

As for the tone of your post I certainly don't appreciate it. We're all here to learn and have a good time. Keep it civil please.

 

[Tom_in_CA]

Sorry for the "tone" jb7487. Yes, I'll keep it civil.

As for "arrests" (and equipment confiscations, etc...), can you cite for me any incidents of such a thing as someone being arrested for metal detecting in a non-posted, non historical monument park? Ie.: the corner park sandbox in Anytown, USA? Any time someone brings up this "arrest" fear, I always ask "where/when have you ever seen this happen?" No one really seems to have any examples. So I am always mystified where this originates. Perhaps persons night-sneaking obvious historical monuments, or federal forts, or persons who couldn't take a warning, etc...

What do you do with this true story: There was a particular state park about an hour away from me. Local md'rs there never had a problem hunting the campgrounds, in full view of anyone (rangers, etc...). Then one day, a friend of mine got booted by a ranger he'd seen multiple times before, with nothing but a friendly wave. When he asked "why?", the ranger would only say "it's not allowed". Dejected and confused, my friend left. Later that week, he was at the local dealer's shop small-talking. A guy walked in who had just bought a detector the week before. As the 3 of them sat talking about detecting, the newbie lamented "it's too bad md'ing is not allowed in such & such campground". Turns out, he had gone to the park kiosk, and asked "can I metal detect here?" The ranger thinks for a moment, and says "I don't know. No one's ever asked that before. Let me check for you". He gets on the phone, makes a few calls, and returns to the window and says "no". Perhaps whomever he talked to in some office elsewhere in the state morphs something about cultural heritage, or disturbing vegetation, or who knows? Well you can imagine what happens next: The next time that same ranger sees my friend out there, he recalls the earlier inquiry, and starts booting people he never really paid attention to earlier. Needless to say, my friend and the dealer were a little miffed at the guy for essentially getting the park put off-limits.

 

[Goodyguy]

Ok I have been holding off responding but will now post my 2 cents.

I belong to a metal detecting club in Louisville Kentucky.
As it stands today metal detecting in the Louisville City Parks is not against the law. However there is a "policy" in place by the City Parks Department prohibiting the practice of metal detecting in Louisville City Parks.

Here is the thing, Lets say you are metal detecting in one of the Louisville City Parks and a park employee informs you of said policy and asks you to stop detecting or leave. That is all he can legally do. He can not legally threaten you, He can not legally physically touch you. If he calls the police there is nothing they can do because you are not breaking any "laws" .

This has been successfully tested by some of the members of the Louisville Club. The City Park personnel have been put on notice that: If they threaten or physically touch anyone ignoring their policy, they will be the ones arrested and taken to jail.

However this situation in Louisville is far from over, the sleeping giant has been kicked and there will be hell to pay as soon as the City Council can get a "law" passed making metal detecting in City Parks a genuine crime. Due to budget cuts and the threat of legal action taken by our club, the Mayor has put the mater on hold while he is seeking additional legal advisement.

* NOTE The root cause of this action by the City Parks Department in the first place was due to "COMPLAINTS OF HOLES BEING LEFT UNFILLED" in the parks. NOT FROM PEOPLE ASKING FOR PERMISSION!

Our club has a strict policy on leaving the turf as perfect as possible so it wasn't any of us.
And we do not feel the need to ask permission to MD on public property.

GG~

 

[jb7487]

Sorry for the "tone" jb7487. Yes, I'll keep it civil.

I apologize as well. The last thing I want to do is lead someone to believe that I am difficult to get along with (although it is quite true).

can you cite for me any incidents of such a thing as someone being arrested for metal detecting in a non-posted, non historical monument park?

No I can not. That doesn't mean that it doesn't happen. It also doesn't mean that it does. My feeling is that the police can arrest you for whatever they want to arrest you for. And what's more important is that they can arrest you for something that someone else did. So it is better to feel out the situation and find out what city council's temperament is toward metal detecting. Again, I am new to this hobby. My understanding was that you should always get permission. Period. So I did so. It turned out well for me. I could still get arrested. But I'm pretty comfortable in taking that risk. I think that odds are the worst that could happen to me is that I'd get a warning. Having read a lot of stories out here about people getting hassled and how you should never hunt in state parks or federal parks without permission, I just didn't feel comfortable risking it. So I asked.

As for your situation with the state park, that is indeed a sad story. But being a state park it is likely that it really is against the law to MD there. You are lucky to have found out the way you did instead of something more serious. Yes, you may believe that it was the newbie asking that caused it to happen. And in fact, that may have been the immediate cause. But eventually you probably would have been forbidden to hunt there anyway. Yes, it's too bad because it spoils it for those that have always hunted there. But I don't think it is fair to blame the newbie for double checking to be sure. And it is definitely possible that there really is no law. If you think that is the case then feel free to follow up and go up the ladder to get confirmation. Just be sure to understand that even if there is no law against MD'ing there is probably a law against destroying public property so they can get you coming and going if they really want to.

I gave my opinion. The OP is free to ignore it. I hope that I am never the reason why a park gets closed to other MD'ers. But I follow the pledge and always ask for permission first. As I spend more and more time with this hobby I may change my mind about that. Maybe if I have some experiences like Tom's I'll come to realize the errors of my ways. But until then, I will stick with asking for permission. And if someone says no then I'll go elsewhere. Even if I've been hunting that area for 20 years.

 

[Daddio53]

You'd do a lot better to research the city laws yourself. The reason is simple. Most of the people working for the city and most cops have no idea so rather than give you bad info they will just say no. Better idea is to Google your city with metal detecting city parks after it and see for yourself what it says. If it doesn't show you the law itself, it might show you a local club with phone numbers of people who will know the answer. When cops come and ask me if I know what the laws are on metal detecting in city parks I assume they are asking me because they don't know. So my answer is, yes it's legal, check under this or that statute. They usually turn around and walk away or they spend an hour watching me and asking a thousand questions.

 

[jb7487]

Daddio, that is indeed good advice. But I haven't had any luck finding laws on the Internet for the cities near me. Therefore, I'd have to try and figure out how to get the laws in question which seems like a lot more work than just asking the Parks and Recreation Department.

Can you describe (give us keywords and such) how you go about researching the laws yourself? It would be greatly appreciated as I totally agree with you that researching the laws yourself (assuming the pertinent info is available) is much better than asking.

 

[Born2Dtect]

Bottom line is "You really should get permission." We detectorist often blur the line here. We are often willing to go into the gray area because getting permission is not always black and white. I always try to get the information if possible on line. I have also asked by email and in person. I get a lot of positive responses. While some parks do not mention metal detecting specifically, they do say no digging or removing anything from the park, "Here is the gray area." My policy is now, find out what I can, If not specifally stated, no detecting, try it. Just be prepared when and if confronted. Be humble, get information about who you are confronted by, then follow up. If I cannot dig in the park I do not carry a shovel, just a short brass probe to find and pop targets out of the soil, usually 2 to 3 " or less. I have not been questioned yet on my technique. I have not heard of actual arrests in my area, It is my guess if you are polite you run little risk. Just always remember you are an ambassador to the hobby wether you want to be or not.

Ed D.