ORANGE COUNTY PARKS AND RECREATION METAL DETECT

[FLauthor]

I.
FLORIDA: ORANGE COUNTY PARKS AND RECREATION
METAL DETECTOR USE POLICY: METAL DETECTING PERMIT.
I. POLICY
It is the policy of the Orange County Parks and Recreation Division that any use of a metal detector by a patron on
park property be registered and approved prior to the physical action of metal detecting. Approval will be given by
the Site Supervisor only after the individual who intends to utilize a metal detector has completed the required
application form.
II. PROCEDURE
a. Patron receives a copy of the Application and Policy. Patron completes Application
b. Patron submits completed Application.
c. Site Supervisor reviews Application within 14-days of receipt.
d. In the event of a request at any site considered a Partnership property, the Supervisor must contact and
receive prior approval from said agency prior to continuing with the process outlined here.
e. Site Supervisor approves the application if it is complete and contacts the user to notify of approval.
f. Agreements expire one-year from the date of issue. Unless a new Agreement is submitted, the patron
will be denied use of a metal detector from any date following expiration of the Agreement.
Metal Detecting Conditions
• Metal detecting activities should not contribute to trail-blazing and should not be conducted in prohibited areas
or areas where activity is discouraged (wetlands, environmentally-sensitive areas, archaeological sites, areas of
historical significance or within any facility or structure).
• When metal detecting, the surrounding environment shall not be disturbed. The cutting of vegetation is
prohibited.
• No tools other than a metal detector shall be used. This includes any digging device. If an item is discovered
deeper than six-inches into soil substrate, said item cannot be recovered.
• Any holes created must be refilled immediately. Failure to comply with this condition will result in the
revocation of the approved user agreement.
• Metal detecting shall be conducted in patron-use areas only and all park structures shall be utilized appropriately
during any search.
• Any actions that result in the harassment, endangerment, or death of any wildlife constitute grounds for
immediate termination of the Agreement.
• Metal detecting must take place within known park boundaries and cannot be conducted within 1,000 feet of
neighboring houses or commercial industries adjacent to park perimeters.
• Metal detecting must take place during established park operating hours.
• All local regulations and ordinances must be followed while metal detecting.
• All Orange County Parks and Recreation Rules and Regulations must be followed.
• Metal detecting is prohibited in construction areas.
• Metal detecting may not be permitted in partnership properties or lands not owned by Orange County. Approval
is contingent upon secondary approval from the principle agency.
• If physical signs of activity are impacting an approved location, management has the right to request that metal
detecting activity cease in this area.
• Any person(s) found in violation of the above conditions may be restricted from metal detecting for up to one year
(1) at any Orange County Park or Recreation Site.
• Orange County Parks and Recreation is not liable for any damage to personal metal detectors from weather,
vandalism, natural disaster, etc. or management activities conducted by the County or its contractors. 11/06 Rev.
***********************************
Metal Detector Use Application
An Orange County Parks and Recreation Metal Detector Use Application is required for an individual to utilize a metal detector in any Orange
County Parks and Recreation site. One application is required for each site. Please complete the form and submit to the park office for approval or
denial. If you have any questions, please contact 407-836-6200.
Name:_____________________________________________ __________________________________________________ __________________
Address:__________________________________________ __________________________________________________ ___________________
Street City, State ZIP
Phone:________________________ Cell Phone:_______________________ Email Address:_______________________________
Park Name:_____________________________________________ ____
Please initial next to each statement. By initialing, you are accepting the rules and regulations governing metal detector use at the above named site:
_______ I understand that all items found utilizing a metal detector must be reported to park staff.
_______ I understand that park staff may confiscate any item I have discovered if said item(s) have been reported as lost or stolen.
_______ I understand that any item I have discovered that is deemed as a historical artifact may be kept by park staff.
_______ I have received a copy of the Orange County Parks and Recreation Metal Detecting Policy and agree to adhere with said Policy.
HOLD HARMLESS/INSURANCE AGREEMENT
The User will indemnify and hold harmless Orange County from and against all claims, damages, losses and expenses, including
reasonable attorney’s fees, arising out of or resulting from the occupancy of the Park by the User, its agents, servants, invitees and guests under this
license.
The User will take all responsible precautions for the safety of and will provide reasonable protection to prevent damage, injury or loss to
all persons and property in the Park.
The User will comply with all laws, ordinances, regulations or other orders regarding the safety of persons or property or their protection
from damage, injury or loss.
In an emergency affecting the safety of persons or property, the User will act with responsible care and discretion to prevent threatened
damage, injury or loss.
The applicant shall supply, when required, a Certificate of insurance reflecting minimum coverage of $500,000 Comprehensive, General Liability Insurance, without deductibles, per occurrence. Orange County shall be named as an additional insured, which shall be noted on the Certificate of Insurance. The Certificate shall indicate that the applicant’s insurance policy shall not be cancelable without thirty days prior written notice to the County.
The undersigned agrees to abide by the regulations governing the said facility and is responsible for charges incurred and must supply the
Certificate of Insurance of the Orange County Parks and Recreation Division no later than fourteen (14) calendar days prior to the Program/Event
date.
I have read the conditions governing this Agreement and the accompanying Guidelines and Conditions and agree to abide by them in my operations
pursuant to this Agreement.
__________________________________________________ _______ __________________________________________________ _____
PRINTED NAME SIGNATURE
__________________________________________________ _______________________
DATE
OFFICE USE ONLY
Date Application Received:_____________________________
Approved
Denied: Reason:___________________________________________ ______
__________________________________________________ ________________________________________
SITE SUPERVISOR SIGNATURE DATE 11/06 Rev.
**********************************************************
From FLauthor:
I will not be held responsible for holes dug by squirrels, armadillos and other wildlife that dig holes.

• Metal detecting is prohibited in construction areas (note: that is where the best finds are made).

• No tools other than a metal detector shall be used. This includes any digging device (a metal probe isn't a digger). If an item is discovered
deeper than six-inches into soil substrate, said item cannot be recovered. (So much for Bottle/Privy diggers with this clause).

The applicant shall supply, when required, a Certificate of insurance reflecting minimum coverage of $500,000 Comprehensive, General
Liability Insurance, without deductibles, per occurrence. Orange County shall be named as an additional insured, which shall be noted on the
Certificate of Insurance (No way I'd do that and get blamed for someone else deed!). The Certificate shall indicate that the applicant’s insurance policy shall not be cancelable without thirty days prior written notice to the County. This smells like toxic waste!

The Orange County Historical Society just lost a client. Anybody who has donated relics found in a public park with a metal detector to OCHS should let them know that Parks & Recreation just killed their golden goose.

An Insurance search revealed this: A small nonprofit organization without unusual risks may be able to find a basic insurance package (not including vehicle coverage or workers compensation) for a minimum premium that may be as low as $150 to $300.
I emailed my Insurance Carrier for a quote which will be posted here.
I won't hunt parks then just private property

 

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[G.A.P.metal]

Site supervisor
Is that the guy that lets all the drug addicts, Meth heads, perverts,and thieves in the parks.....i would go to his house and legal assembly in front of it (Picket)
Let everyone know who is allowed in the park to do anything e legal activities and who can`t use the park for legal activities.
When i was in the park i stepped in dog poo,got hit in the head with a Frisbee,ran over by a bicycle,and mugged...so make them stop all of this first.
That Site Super is the hired man...suckin your tax money....i say picket his house...and maybe fire him....let him look for a real job.
Gary

 

[Tom_in_CA]

And some people's eye's wax romantic at the thought of "permits"? Some people think permits are a "good idea" for our hobby? They have notions of being able to waltz nilly willy around with freedoms? Ha! Look at this one as an example folks. For example:

"• No tools other than a metal detector shall be used. This includes any digging device. If an item is discovered deeper than six-inches into soil substrate, said item cannot be recovered."

Haha, ok, let's all envision this: You get a good "deep silver" type signal. For starters, you can not use a "digging device" (which I assume means no leshe, no screwdriver, etc... right?) So there you are, digging with your bare hands. BUT WAIT, you get down to 6", and .... according to your pinpointer, the silver coin is a *hair* further. But lucky for you, you brought your measuring tape, and you realize you've already gone to your "allowed" 6 inches. So you stop, cover it back up, and proceed no further (afterall, there are no doubt rangers there who also have tape measures too, to double-check your hole's depth, right?)

I'll make you a bet, that the only reason all this bologna was invented there, in that county, was that people, way-back-when, went asking "can I detect?". If someone knows the genesis of how and why this was ever thought up there, let us know. And even if the answer is "because of holes", remember that that is often just the "go-to" answer because-you-asked, as well. Or if the genesis is said to be "to over-turn a complete ban", then AGAIN, you have to ask yourself: "why then was there a 'complete ban' ?" and again, I bet the answer is as I'm suggesting.

Gee I'm glad my area doesn't have "permits" !

 

[BC1969]

Not capable of responding intelligently at this moment in time...need mucho coffee, java, espresso.

Sleepy

 

[BC1969]

Ahh that proves I'm not awake, a spam bumped it..

 

[DDancer]

Uhm, wouldn't your hands be considered digging devices? and how do you make a hole with out a digging device? A probe would be considered a digging device wouldn't it?

The User will take all responsible precautions for the safety of and will provide reasonable protection to prevent damage, injury or loss to
all persons and property in the Park.
The User will comply with all laws, ordinances, regulations or other orders regarding the safety of persons or property or their protection from damage, injury or loss.

So this means I'm supposed to do what exactly? Be the police man maybe. Granted there are laws already on the books for Samaritan Conduct in the event of emergencies doesn't this make one Liable for anything "They" feel that nifty insurance policy should cover. Hrmm....

Yeah Tom pretty much hit it on the head.... somebody asked one to many times and somebody else got a bright idea. Amazing how many hands can fit in your pocket.

 

[POTSman]

We regularly stay near the Airport when we visit Orlando, and I've detected around the roadsides there. There's a soccer parke there called Airport Lakes that I've been wanting to detect, so I faxed my application in November 1. I've yet to hear whether I was approved or declined! I wrote again without a reply, so I again wrote stating that without reply, it was assumed I had "tacit approval" to detect anywhere I cared. So much for the Parks dilly-dallying around. It's not worth the time, I'll try elsewhere.[/B]

 

[CJayC]

"• No tools other than a metal detector shall be used. This includes any digging device. If an item is discovered
deeper than six-inches into soil substrate, said item cannot be recovered.
• Any holes created must be refilled immediately. Failure to comply with this condition will result in the revocation of the approved user agreement."

How the hell does this even work? How are holes to be created (in order to be refilled immediately) if no digging tools can be used in the first place?


Sent from my iPhone using Tapatalk Pro

 

[Treasure_Hunter]

And some people's eye's wax romantic at the thought of "permits"? Some people think permits are a "good idea" for our hobby? They have notions of being able to waltz nilly willy around with freedoms? Ha! Look at this one as an example folks. For example:

"• No tools other than a metal detector shall be used. This includes any digging device. If an item is discovered deeper than six-inches into soil substrate, said item cannot be recovered."

Haha, ok, let's all envision this: You get a good "deep silver" type signal. For starters, you can not use a "digging device" (which I assume means no leshe, no screwdriver, etc... right?) So there you are, digging with your bare hands. BUT WAIT, you get down to 6", and .... according to your pinpointer, the silver coin is a *hair* further. But lucky for you, you brought your measuring tape, and you realize you've already gone to your "allowed" 6 inches. So you stop, cover it back up, and proceed no further (afterall, there are no doubt rangers there who also have tape measures too, to double-check your hole's depth, right?)

I'll make you a bet, that the only reason all this bologna was invented there, in that county, was that people, way-back-when, went asking "can I detect?". If someone knows the genesis of how and why this was ever thought up there, let us know. And even if the answer is "because of holes", remember that that is often just the "go-to" answer because-you-asked, as well. Or if the genesis is said to be "to over-turn a complete ban", then AGAIN, you have to ask yourself: "why then was there a 'complete ban' ?" and again, I bet the answer is as I'm suggesting.

Gee I'm glad my area doesn't have "permits" !

Permits are easy to get and have nothing to do with people asking. It used to be you needed a separate permit for several different city parks, now one permit covers all parks in Orange County.

January 20, 2017 A New Beginning!

 

[Tom_in_CA]

...and have nothing to do with people asking.....

I'm talking about the genesis, way-back-when, of the reason why the powers-that-be decided to dream this up, in the first place. What put it on their plate as an issue "needing a permit"? Was some bureaucrat passing by a park one day, saw an md'r, and thought "let's invent a permit system" ?

Regardless, as can be seen in the terms of the permit terms, that a person is much better off if their area has no 'permits' like that. Ie.: simply silent on the issue. Neither expressly "permitted" nor expressly "prohibited".

 

[sprailroad]

It's just crazy,crazy,crazy,crazy--------etc. A common sense government at work.

 

[against the wind]

It's a necessary evil. We have a permit system in NYC that covers approximately 160 parks. Here it is January, and I have already been checked by the Parks Enforcement Police and a Park Ranger twice.
They make the rules, I try to follow the rules. Except that part about turning in the 6 Gold Bars I recovered.

 

[Tom_in_CA]

It's a necessary evil. We have a permit system in NYC ...... have already been checked by the Parks Enforcement Police and a Park Ranger twice.....

No it's not a "necessary evil". Better that the rules were simply silent on the subject. Not mentioning metal detecting one way or another. Ie.: Neither expressly allowing [or "permitting"], nor expressly prohibiting. Hence not dis-allowed (and avoid the gazes of anyone who "may not like it" or who "thinks you're harming something").

As for "being checked 2x" for your permit, well how much you want to make a bet, that the ONLY reason those particular park personnel are even appraised of such a thing, is simply the nonsense of legions of md'rs waltzing in and out of park offices asking about md'ing, clarifying the "permit issue" and so forth ? Then ... sure ... pretty soon YOUR "pressing issue" becomes THEIR pressing issue.

I can think of a city here in CA that dreamed up such a thing, yet ... you can try till you're blue in the face and NEVER get carded. Leading a few wise people to think "why even bother getting it?". Sometimes md'rs can be their own worst enemies with making themselves a giant bullseye "in need of attention".

 

[Treasure_Hunter]

Tom, contrary to what you want to believe, it has nothing to do with people asking. As I stated before in Orange county multiple parks each required a permit so instead of having to get multiple permits one permit covers the whole county now. Detectorists have lost more access to parks by some people going in and digging holes and not covering them up than asking permission.

 

[b3y0nd3r]

First legal definition of a tool:

[h=2]Definition of tool[/h]

• 1a : a handheld device that aids in accomplishing a task b (1) : the cutting or shaping part in a machine or machine tool (2) : a machine for shaping metal
  
  Hands are not tools. therefore hands are okay(i'm sure there are more clever items to use).
  
  As for the six inch rule, as long as you stay at 6 inches you are fine, that means take five inches of dirt out, and dig as deep as you like as long as you stay at 5 inches of air IN THE HOLE.
  
  

 

[Tom_in_CA]

... it has nothing to do with people asking. ....

We don't know what the genesis of their notion to have dreamed up a "permit", way-back-when. But I see that you say it's likely due to:

.... by some people going in and digging holes and not covering them up....

And this is no doubt bolstered by the fact that if anyone were ever ask the authority: Why ? Then yes .... they would always most certainly say "holes", right ? But I'm convinced that a lot of times, this is simply the "go-to" answer. Even if no one ever saw a "hole". It's simply the knee-jerk mental connotation of a "man with a metal detector" afterall. So they will instinctively say "holes". To which the md'r mutters under his breath "durned those guys that must've left holes" eh ?

I mean, did you really think someone in authority would say "because someone asked" ? Or to answer: "Simply because we're mean" ? Of course not. The "go to" answer is always "holes". Even if no incident can be cited (that would have led to a rule or a permit). Since it's just the mental image that persons can have of md'rs.

 

[Tom_in_CA]

.... As for the six inch rule, as long as you stay at 6 inches you are fine, that means take five inches of dirt out, and dig as deep as you like as long as you stay at 5 inches of air IN THE HOLE. ....

Hmmm, trying to "circumvent" the intention of a clear rule ? To wriggle into semantics in order to accomplish your evil task of getting that barber dime at 7" deep ? Here's what you need to do (lest you "get arrested" and "give a bad name to our hobby"): Go pass this method of interpretting that passage, past the city lawyer. You are "merely seeking clarification" and it "doesn't hurt to ask" afterall. Make sure they're on board with this interpretation. Let us know how it goes !