Pepperlizard
Jr. Member
I attend Ohio University in Athens County, Ohio during the school year and want to talk to someone to either obtain permission to metal detect or obtain a permit to metal detect (I'm not sure where Athens county stands on metal detecting so I'm not sure which to ask about). I have read through the Athens County code of ordinances and saw nothing that pertains to metal detecting or excavation of anything other than streets, sidewalks, and other public walkways but I don't just want to go around digging. I have seen a few posts on this website that emphasize not to approach county/town/business represenitives and ask if you can metal detect, so I'm posting for advice here before I do anything.
I guess my first question would be who should I contact and how? Ohio Detecting Laws - Ohio Metal Detecting says, "Permissions granted at the discretion of the Grounds Supervisor. There have been many problems with digging and damaging grounds, even by those who "guarantee" they will cause no damage. You must have permission and check in with the OU Police Department" (quoted from Lt. Steve Noftz, Ohio University Police Department), however that was from 2009 and that is for the Ohio University campus and not the city of Athens or Athens County. I don't really want to MD on the campus, I want to go to the two lakes in the county and search the woods that are very abundent in the county, so I have no idea who I should be talking to in order to get some kind of permit or permission for that. Also, when I find out who I need to talk to, what would be the best way to contact him/her/them, and when (time of day, day of week, etc).
Next thing I want to know is what to expect in a conversation like this, and what things I should say/mention or more importantly how I should ask. I don't want to come off as someone that I am not, and I don't want to leave a bad impression on MD'ers or MDing.
I know that a lot of you out there have done this before and have been allowed to search and dig and some of you have been told that you cannot. If you guys can please help me out with this it would really mean a lot, I don't want to do this in a way that will get me and others barred from MDing here so any tips or experiences that you guys have would be greatly appreciated. Thanks.
EDIT:
These are the only parts of the Athens, Ohio code of ordinances that come close to addressing metal detecting:
13.03.15. - Tampering with or removing municipal property.
It shall be unlawful to maliciously tamper with, injure, destroy, steal or remove any lamp, lantern, lamp post, pole,
cable, electric line, tool, hose, pipe, conduit, road material, earth, stone, ordinance or other posted notice, street
sign, or any other property or material owned or under the supervision or control of this municipality or any department
thereof. Any person violating this section shall be fined not more than $200.00 or imprisoned not more than 30 days or
both. -The term "tamper" is not defined in the code of ordinances, not does it specify what means to maliciously tamer with. By returning the ground to its original state when finished I have no intent to cause any harm to earth or stone.
13.03.19. - Unauthorized use of property.
(A)
No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to
give consent.
(B)
The affirmative defenses contained in Paragraph (C) of Section 2913.03 of the Ohio Revised Code are affirmative defenses
to a charge under this section.
(C)
Whoever violates this section is guilty of unauthorized use of property, a misdemeanor of the fourth degree.
-No property that I intend on hunting in is off limits without permission.
13.03.17. - Trespassing upon land or premises of another.
(A)
No person, without privilege to do so, shall do any of the following:
(1)
Knowingly enter or remain on the land or premises of another;
(2)
Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons,
purposes, modes, or hours, when the offender knows he is in violation of any such restriction or is reckless in that
regard;
(3)
Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence
is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to
restrict access;
(4)
Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or
occupant, or the agent or servant of either.
(B)
It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of
a public agency.
(C)
It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises
involved, when such authorization was secured by deception.
(D)
Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(E)
As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by,
or in the custody of another, and any separate enclosure or room, or portion thereof.
-again, I have no intention of entering any property that is not already open for public access.
33.01.07. - Penalties.
(A)
Any person found to have removed or to have caused through their actions the removal of a tree in a public place without
the consent of the service-safety director as described in Section 33.01.03 shall either replace the tree with one of
similar type and size, as determined by the shade tree commission, or be required to plant at the site of the removal or
elsewhere, as determined by the shade tree commission and with the agreement of the service safety director, trees equal
in diameter at breast height to the one that they removed or caused to be removed, in addition to the penalties provided
by the city code, the City of Athens may institute appropriate civil proceedings to enforce compliance.
(B)
Any person violating a provision of this Code shall, in addition to any penalty under subsection (A), be deemed guilty of
a minor misdemeanor and fined not more than $100.00 for each violation.
-Cutting through a few loose roots in wooded areas will not kill nor cause harm to trees.
I guess my first question would be who should I contact and how? Ohio Detecting Laws - Ohio Metal Detecting says, "Permissions granted at the discretion of the Grounds Supervisor. There have been many problems with digging and damaging grounds, even by those who "guarantee" they will cause no damage. You must have permission and check in with the OU Police Department" (quoted from Lt. Steve Noftz, Ohio University Police Department), however that was from 2009 and that is for the Ohio University campus and not the city of Athens or Athens County. I don't really want to MD on the campus, I want to go to the two lakes in the county and search the woods that are very abundent in the county, so I have no idea who I should be talking to in order to get some kind of permit or permission for that. Also, when I find out who I need to talk to, what would be the best way to contact him/her/them, and when (time of day, day of week, etc).
Next thing I want to know is what to expect in a conversation like this, and what things I should say/mention or more importantly how I should ask. I don't want to come off as someone that I am not, and I don't want to leave a bad impression on MD'ers or MDing.
I know that a lot of you out there have done this before and have been allowed to search and dig and some of you have been told that you cannot. If you guys can please help me out with this it would really mean a lot, I don't want to do this in a way that will get me and others barred from MDing here so any tips or experiences that you guys have would be greatly appreciated. Thanks.
EDIT:
These are the only parts of the Athens, Ohio code of ordinances that come close to addressing metal detecting:
13.03.15. - Tampering with or removing municipal property.
It shall be unlawful to maliciously tamper with, injure, destroy, steal or remove any lamp, lantern, lamp post, pole,
cable, electric line, tool, hose, pipe, conduit, road material, earth, stone, ordinance or other posted notice, street
sign, or any other property or material owned or under the supervision or control of this municipality or any department
thereof. Any person violating this section shall be fined not more than $200.00 or imprisoned not more than 30 days or
both. -The term "tamper" is not defined in the code of ordinances, not does it specify what means to maliciously tamer with. By returning the ground to its original state when finished I have no intent to cause any harm to earth or stone.
13.03.19. - Unauthorized use of property.
(A)
No person shall knowingly use or operate the property of another without the consent of the owner or person authorized to
give consent.
(B)
The affirmative defenses contained in Paragraph (C) of Section 2913.03 of the Ohio Revised Code are affirmative defenses
to a charge under this section.
(C)
Whoever violates this section is guilty of unauthorized use of property, a misdemeanor of the fourth degree.
-No property that I intend on hunting in is off limits without permission.
13.03.17. - Trespassing upon land or premises of another.
(A)
No person, without privilege to do so, shall do any of the following:
(1)
Knowingly enter or remain on the land or premises of another;
(2)
Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons,
purposes, modes, or hours, when the offender knows he is in violation of any such restriction or is reckless in that
regard;
(3)
Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence
is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably
calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to
restrict access;
(4)
Being on the land or premises of another, negligently fail or refuse to leave upon being notified to do so by the owner or
occupant, or the agent or servant of either.
(B)
It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of
a public agency.
(C)
It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises
involved, when such authorization was secured by deception.
(D)
Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree.
(E)
As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by,
or in the custody of another, and any separate enclosure or room, or portion thereof.
-again, I have no intention of entering any property that is not already open for public access.
33.01.07. - Penalties.
(A)
Any person found to have removed or to have caused through their actions the removal of a tree in a public place without
the consent of the service-safety director as described in Section 33.01.03 shall either replace the tree with one of
similar type and size, as determined by the shade tree commission, or be required to plant at the site of the removal or
elsewhere, as determined by the shade tree commission and with the agreement of the service safety director, trees equal
in diameter at breast height to the one that they removed or caused to be removed, in addition to the penalties provided
by the city code, the City of Athens may institute appropriate civil proceedings to enforce compliance.
(B)
Any person violating a provision of this Code shall, in addition to any penalty under subsection (A), be deemed guilty of
a minor misdemeanor and fined not more than $100.00 for each violation.
-Cutting through a few loose roots in wooded areas will not kill nor cause harm to trees.
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