In General....

[acedigger]

are schools and city parks ok to hunt without getting permission. This topic may have been posted before but couldn't find it. Do you have to get permission to hunt public schools and city parks.

What other locations are basically open to the public to hunt.

City Right of ways?
Alleys?
Street construction?
etc...

 

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[Silver Fox]

are schools and city parks ok to hunt without getting permission. This topic may have been posted before but couldn't find it. Do you have to get permission to hunt public schools and city parks.

What other locations are basically open to the public to hunt.

City Right of ways?
Alleys?
Street construction?
etc...

If it's not necessary to jump over a fence or tresspass, chances are that it's okay to enter the area if there is an open entryway without restricting signs. There is always the possbility that once you are in the area happily detecting that you might be visited by an authority figure who may be or may not be friendly and ask you what you are doing and how you got in. You explain that you entered through an open entrance where there were no restricting signs. You might be either allowed to continue with the caveat to not leave the area unsightly, or you might be asked to leave. If you are asked to leave and you try pleading and it doesn't work, just leave. As you prepare to leave, look the person in the eye and in a friendly way apologize. If he stays behind ask him to tell you if he knows of any area where you may be allowed to detect. If he accompanies you speak to him in a friendly manner in a conversation asking HIM if he has ever metal detected, etc. You never know what doors may open with your friendly attitude.

Silver Fox

 

[Tom_in_CA]

I think what silver fox is referring to, is the ever-increasing phenomenom of fenced schools. That is a different subject to what I think Ace-digger is aiming at. The fences at schools are not to do with metal detecting, per se. They are due to past litigation about people who go there after school, fall off the monkey bars, and sue the school type stuff. But that said, "fenced" schools usually still have a turn-style type entrance, or propped open pedestrian gate, etc.. And I see people out there after school hours jogging the track, or whatever. So I guess the fences are so that they have a legal out when you slip and fall (ie: "well, the school was closed so tough luck" or whatever).

But barring that, if we restrict your question to parks for example, the answer is no. You do not need permission any more than any other park user needs permission. Ie.: would you need to ask to use the monkey bars? drink from the fountain? etc... But this is a loaded question, because the minute anyone says something like this, someone will come up with a citation of a city, in some state somewhere (VERY few), that does indeed have a "no detecting" rule. If you wonder if the same is true for your city, then look in the books yourself (codes usually available on-line at city web-sites). If there is nothing on the issue, then no, you don't need permission. To think you need permission for a place that has nothing addressing the issue, assumes your hobby is somehow inherently wrong enough, that you had to ask, to begin with. Like, if you were to walk into some city halls, and ask a desk-bound bureacrat, you risk that someone's image will be "geeks with shovels", and then what do you think the answer will be? If you feel you must "ask", then don't phrase it in terms of "permission". Instead, cast the question in terms like this: "Is there anything on the books that prohibits metal detectors in city parks here?" You see how that's different than asking "permission"? Since most cities have never even given the issue thought, there is rarely ever anything addressing it. Thus their answer would have to be "no, nothing addresses md'ing in the books"

Now of course, I would steer clear of obvious historical monuments, even if there was no local ordinances that specifically addressed detecting. And of course, if you're somehow being a nuisance, leaving holes, etc... then someone can take issue with you. But for run-of-the-mill parks, in any city I go to, if I see no signs prohibiting detecting, I consider myself no different than any other park user.

 

[DFX-SCOTT]

STAY AWAY FROM STATE PARKS OR ANY PARK WERE PARK RANGERS PATROL.
PUBLIC PARKS AND SCHOOLS ARE OK BUT DONT LEAVE HOLES OPEN OR GARBAGE LEFT
BEHIND.

WHEN EVER KIDS OR FAMILYS COME WHILE I DETECT I CASUALLY LEAVE AND GIVE THEM THE RIGHT AWAY.

 

[acedigger]

Thanks for the replies. I understand the whole, if its open to the public then its probably ok to hunt thing, but I was wondering the general areas that are open to hunt.
Tom brought up a good point, there is a school nearby that has the baseball feilds fenced off and around the track. While I would never dig in the feild of play itself, I would like to hunt the outlying areas but its fenced off. Like you said, I doubt any rules exist to ban metal detecting but I don't want to get into trouble either.
In my city there are no rule at all pertaining to detecting. Our school only has about 250 kids K-12. I have "permission" from the grounds keeper so I'm not worried there. I do respect what he does and don't dig in places hes trying to establish grass in and always cover my holes and pick up trash.

Another place I am curious about is cemetaries. I know, I know, your not supposed to detect graveyards for the bad image and karma but I am talking about around the pavillions off to the side of them. There are several old cemetaries around here way out in the country that you would have to get lost to find, but they have old pavillions or foundations at them. Is this ok to hunt?

 

[Digginman]

You better check locally. I have friends who come to hunt schoolyards with me because it isn't allowed in their area.

DM

 

[Silver Fox]

I think what silver fox is referring to, is the ever-increasing phenomenom of fenced schools. That is a different subject to what I think Ace-digger is aiming at. The fences at schools are not to do with metal detecting, per se. They are due to past litigation about people who go there after school, fall off the monkey bars, and sue the school type stuff. But that said, "fenced" schools usually still have a turn-style type entrance, or propped open pedestrian gate, etc.. And I see people out there after school hours jogging the track, or whatever. So I guess the fences are so that they have a legal out when you slip and fall (ie: "well, the school was closed so tough luck" or whatever).

But barring that, if we restrict your question to parks for example, the answer is no. You do not need permission any more than any other park user needs permission. Ie.: would you need to ask to use the monkey bars? drink from the fountain? etc... But this is a loaded question, because the minute anyone says something like this, someone will come up with a citation of a city, in some state somewhere (VERY few), that does indeed have a "no detecting" rule. If you wonder if the same is true for your city, then look in the books yourself (codes usually available on-line at city web-sites). If there is nothing on the issue, then no, you don't need permission. To think you need permission for a place that has nothing addressing the issue, assumes your hobby is somehow inherently wrong enough, that you had to ask, to begin with. Like, if you were to walk into some city halls, and ask a desk-bound bureacrat, you risk that someone's image will be "geeks with shovels", and then what do you think the answer will be? If you feel you must "ask", then don't phrase it in terms of "permission". Instead, cast the question in terms like this: "Is there anything on the books that prohibits metal detectors in city parks here?" You see how that's different than asking "permission"? Since most cities have never even given the issue thought, there is rarely ever anything addressing it. Thus their answer would have to be "no, nothing addresses md'ing in the books"

Now of course, I would steer clear of obvious historical monuments, even if there was no local ordinances that specifically addressed detecting. And of course, if you're somehow being a nuisance, leaving holes, etc... then someone can take issue with you. But for run-of-the-mill parks, in any city I go to, if I see no signs prohibiting detecting, I consider myself no different than any other park user.

I had to include your whole quote, even though I wanted to edit it, to address particular comments. When you are in someone else's property, chances are that you don't know the governing rules. And while some areas such as school yards have open gates and do not have restricting signs, they might still have written restrictions that may not include metal detecting, 'cause they might not have thought of all activities, but they might have restrictions on disturbing the soil, which is the maintenance crews' main concern and, let's face it, a lot of detectorists do leave areas looking unsightly. I got the photos of a couple of groups of detectorists leaving unsightly areas which could be one reason for a NO DETECTING rule.

Tom adds: "if we restrict your question to parks for example, the answer is no. You do not need permission any more than any other park user needs permission. Ie.: would you need to ask to use the monkey bars? drink from the fountain? etc..." Boy, are you wrong! Once again, it isn't permissible activities but damaging activities that are restricted. And while they may not be posted ANYWHERE in the park, they still have governing rules which are printed in the manuals that Rangers/PEP carry and which can be brought to your attention if you send an email to the park's headquarters. This is the reason why in NYC the Parks Department has a list of parks where detecting is allowed and if a park is not on the list you are NOT allowed to just walk in and start digging. Even where detecting is allowed the wording on the Permit and in the Rangers/PEP manuals is very restrictive also as to how you may retrieve items. On top of that, you are REQUIRED to report your findings! Items such as jewelry are lost and the owner may report the loss and if you find an item of jewelry, you have to report it so that the department can notify the owner. I'm sure that if the owner doesn't claim it, it's then yours or the department may do something else with the item. There are no guarantees except that you will be cited and your equipment possibly confiscated in NYC parks (possibly NY State parks also) if you violate written but unpublicized rules and regulations.

It is always better to ask first and get that person's name and possibly badge number to back you up if there's any conflict.

Silver Fox

 

[Rob66]

I would just ask the the school or parks. The fences are to keep kids out and vandalism. They may want an extra eye on campas.

 

[Tom_in_CA]

Silver Fox, I covered your concerns by adding ..... that if someone were skittish, they could look up the rules for themselves. And if they still feel the need to "ask" in person, they should ask in terms of whether there are any prohibitions (ie.: "does anything address metal detecting?"). Not "can I have permission to detect in YOUR park with my shovel for buried treasure?"

I'm even dubious of asking if there are "prohibitions". Reason is, depending on the way you word the question, you may get someone to just say "no", "simply because I said so" (even though there may really be no actual rules). And truth be told, they'd probably have never noticed you, unless you were being a nuisance somewhere.

You say something very telling: ".....but damaging activities ... are restricted". I don't consider my metal detecting "damaging." Maybe that's where we digress? I don't leave any trace of my plugs (carry a rubber mat, stomp it down good, go at discreet times, etc...).

I'd venture to say your New York City situation is quite the exception. I bet 99% of Joe-Blow towns across the USA don't have anything addressing md'ing (and better to leave it that way). Sure they may have something about "disturbing the vegetation", but that's a different topic. If you start walking into city halls asking "can I dig holes and disturb the vegetation in the park?", I gaurantee you'll get 100% "no's". Just be discreet & neat (leave no trace), and I bet most people could care less (till you ask).

 

[Silver Fox]

Tom_in_CA: There is no doubt there is wisdom in your words (and in mine ).

 

[firedup]

Tom you might want to call your local police station. They should have the answer's to your questions.