Sorry Sir, but metal detecting is not permitted here.................

[Ray S ECenFL]

I live in Brevard County Florida and have been detecting here for 15 years. Today I went to a few local (county) parks to pick up some clad. At my second park a lady walks over to me and says " Sorry Sir, but metal detecting is not permitted here".

Thought number one: Has the county passed some legislation that I am not aware of?
Thought number two: This lady is misinformed.
Thought number three: Keep this civil. Do not make it an ugly scene.

I said I was not aware that MDing was not permitted in Brevard County parks and that I must have missed the sign that tells me it is prohibited. She says that there are no signs.
( I don't want to post this in the Rants section, so I will be nice)

I asked if it was someting that was recently decided by The County and she told me, "Oh, no, it has been this way for about 7 years".

I figured that the best thing to do was depart and move on to my next county park, so I bid my good byes and moved on.

I MD around county workers all the time, speak with them and have never been told that MDing was not permitted. I even had one worker compliment me on not leaving any visible signs when I recover a target. ( He evidently had been watching me for some time). Since I have never, in all the years of MDing in this County, been approached and told that detecting was not permitted I can only figure that this lady was misinformed.

Brevard County has many signs telling you that no golfing is permitted, no dogs ( except guide dogs) are permitted, no this and no that, but I have NEVER seen a NO Metal Detecting sign and hope I never do see one.

Just thought I would share my unusual experience with you all and mention to everyone to take great care when digging in public parks because you do not want to be the reason for those dreaded signs to be put up.

Hope you all had a Merry Christmas and will have a safe New Years.

Ray S

 

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[BARGuy]

I agree with the Captain...Except for the one time several years ago in a Macon, Georgia park when a guy in a blue "uniform" attempted to run us off. Turned out he was a "detectorist" himself & was protecting his honey-hole!

HNY,DR

 

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[Tom_in_CA]

Captain Trips, at those same parks where you've never had any problems, how much you wanna bet you might've gotten some "no's", from those same "rangers, lifegaurds, sheriffs, etc.." if you'd asked first? It's the old addage: "Sometimes no one cares, UNTIL you ask".

 

[Jagdpanther]

I've found it really depends on where and what the place is. Most Public Parks (County or City) where use by the public is expected and there are no postings prohibiting MD, I detect there. Other places that are Public property but not expected to be used by the general public for recreational activities I would ask.

A good example is a few years ago the State Capital was going through an expansion. Some of the grounds were being dug up and I thought it was a great time to MD the area. I called the Capital Preservation Office and asked if I could have permission to MD. They had no problem as long as I stayed out of the actual construction area due to safety concerns. The area around the construction site was open season. I requested an email to back up the phone call and they had no problem doing so. One day I was there digging a target and a State Trooper stopped and asked what I was looking for. I had my email in my pocket ready to whip it out and let him know "there was nothing to look at here and just keep moving". I told the trooper I was looking for what ever I could find, he smiled told me good luck and drove away. His well wishes paid off because a few minutes later I dug up two Mercs a few tax tokens and a "Good for one ride" Transportation Token on the cities old electric bus line!

So, use good judgment, do a little research and if the issue is pressed don't push back. Move on to the next spot and have fun.

Have a great 08!

Mike

 

[Hank]

Ivan......excellent post. My philosophy as well.

 

[Hank]

Just tell them that you are part of the prisoner release program, that you are required to remove all trash and bullet casings from your earlier gang days

*****I am just kidding, but could you imagine the look on their face?

You did a great thing and was the far bigger person, you shall be rewarded.

Precious.....maybe even priceless !!!

 

[Born2Dtect]

Ordinance 96-31 Section 28 might be a problem. No excavation with anything, (digging) you will probably end up with detecting for moderns surface drops, not too much fun. I would continue detecting and digging until told to stop by a park official or police officer. If needed I would contact the park supervisor, I have found most are easy going and will work with you if they can. Worth a try if regs don,t specifically say no metal detecting.

Ed D.

 

[treasureace14]

she sounds like some nut thats,
a:crazy
b:needs a life
c:misimformed
or d: needs a hobby

 

[SeabeeRon]

There is a saying that goes something like this....."It is sometimes better to ask for forgivness than it is to ask for permission."

 

[rmptr]

There is a saying that goes something like this....."It is sometimes better to ask for forgivness than it is to ask for permission."

Ditto

R M P T R

 

[SeabeeRon]

You make some good points Treasure Tales, we just differ in our views on the permission/legality issue. It goes without saying you MUST get permission on ANY private property. As to public parks, beaches and other recreation areas open to the general public for use, I make sure to check for signs as to what is prohibited. If nothing is indicated prohibiting use of metal detectors, I'll hunt it until someone in authority says I can't. No argueing or name calling, just walk away. If I feel strongly enough that person may be wrong I will check it out further at that point. Happy New Year and good luck and Happy Hunting to all!!

 

[treasureace14]

There is a saying that goes something like this....."It is sometimes better to ask for forgivness than it is to ask for permission."

thats from that movie eragon.i like that movie. :P

 

[Tom_in_CA]

Treasure Tales, I too have heard of some rogue instances, where someone has gotten roughed up for detecting some place where you/I would never have thought there'd be a problem (non-historic, innocuous regular park). But with that said, those are the exception. I do not let those exceptions set the rule, lest I cower in fear in my own backyard.

Here in my town, our "Central park" had been detected, no problem, all during the 1970s and into the 1980s. Then one day, a newcomer to our town, took it upon himself to go down to city hall and ask if metal detecting were legal in Central Park. Someone there told him "no". This was odd to the rest of us in our club, as it had never dawned on any of us that there would be such a rule. Actually, I suspect someone, whomever he asked, just said "no", to be safe (images of geeks with shovels?). So anyhow, what do you do with a case like that? He essentially just got a rule invented, where none existed before. Guess what can happen the next time that office-person passes by the park, and sees a guy with a detector (that he'd probably have never paid any mind to)? He'll remember the earlier inquiry, and think "aha! there's one of them"

All I can say is, if someone is skittish, and thinks they need to look further than posted signs, to do their own research. Don't ask the police, or city hall, etc... Find it in writing (or the absense thereof) yourself. If it's not addressed, and if the park is not an obvious historical monument, then consider yourself no different than someone flying a kite.

BTW, in that example of Central Park in my town, most people just shrugged their shoulders and ignored this newcomer's objection. To this day, 20+ yrs. later, you can go in broad daylight, in full view of gardeners, traffic, etc... and be ignored.

 

[borninok]

TT has some very good points regarding permission vs. legality. Regarding the thought of "no sign?..go ahead and dig till someone tells you otherwise"....voice of experience...that won't work in my area of Virginia. As a retired law enforcement officer, I got booted from the same county park that I used to patrol. I honestly was ignorant of the fact that Virginia county parks take their "legality" from the state and the feds....meaning, no MDng, NO MD possession in the park....AND, NO POSSESSION OF A SHOVEL OR DIGGING INSTRUMENT in the confines of the parks, tot lots, schools, etc. When I did my research later, there it was ...in black and white...in the code/rules on the internet. So, just to make a point even more clearer, just because there's no sign prohibiting something DOES NOT mean it is legal. Ok? Thanks.

BTW, in doing the research for my city of Manassas, VA, would you believe it is ILLEGAL to have a wheelbarrow in your front yard? Yep. Talk about stupid. Now, is it enforced....nope. Is there a sign posted prohibiting it? Nope. But....someday, somehow, somewhere...there will be some diligent (and very lonely) lawyer who will prosecute somebody for it.

BTW, besides doing research on the codes/rules/laws of the area you intend to detect........I emphasize this again....why not check with the metal detecting/relic hunting clubs in that region? I would think that even Tom_in_CA would have to agree that the individuals who hunt in a specific area would have significant information regarding the codes/rules/laws in that specific area. Just maybe it might save you from getting your detector confiscated. And, if you are foolish to think that officials cannot confiscate your detector...if my memory serves me correctly, there are several threads on TNET from individuals who have faced having their MDs confiscated, or have gotten tickets and had to appear in court.

Remember, folks. Metal detecting is a privilege. It is NOT a right. We have a code of ethics to go by. And, I, for one, am not going to endanger that privilege for other detectorists because of an ill-informed perception.
Thank you. Not a sermon, just a thought.
Mel

borninok

 

[Tom_in_CA]

I have heard of some cities and counties, where, in the absense of specific rules, will just put the blanket over their properties, that state and fed. laws apply. For example: ARPA is a Federal law, right? Yet cities and counties might and do borrow from that wording, since it's already a set precedent. This type borrowing is not uncommon amongst municipalities, who look to each other to see precedents, wording of statutes, etc... Like, the recent Houstan flap (guy got flak for detecting in a city park), the response the city went right out and used ARPA wording, logic, sucession of rules, or whatever, even though Houstan is at a city level.

All I can say is, please no one go asking questions around here where I'm at. We can hunt all the parks and beaches around here, and no one cares. Better that it stays that way. If there were a rule (or something morphed to apply), I'd rather that not be brought to anyone's attention

 

[borninok]

"All I can say is, please no one go asking questions around here where I'm at. We can hunt all the parks and beaches around here, and no one cares. Better that it stays that way. If there were a rule (or something morphed to apply), I'd rather that not be brought to anyone's attention."

Ahhhh, Tom, what did you say your address was? And, you hunt where? LOL Just kidding.... See, even I have a sense of humor....well, my wife might not agree with that....LOL
---Mel

borninok

 

[ivan salis]

ever here the saying "your just asking for trouble?" --- sometimes thats what happens --you get folks to "thinking" when you ask "can I?"=== then they say hummm I have the "power" so I'll "use it" as I see fit --- which may or may not be what you want --- since it can go pro or con ---only ask if you know you got the folks your asking on your side and will say "yes" --- ie only play a "rigged" game, so that you'll win (low down politics 101) -- otherwise it might backfire on you -- with a "no" ---- Ivan

 

[borninok]

For All,

Just a thought and rememberance..............pls go back and read....

http://forum.treasurenet.com/index.php/topic,78168.new.html

hmmmm....just a thought, not a sermon.

---Mel

borninok

 

[borninok]

"Mel, I PMed that very same story to Tom earlier today. Great minds think alike!"

ROFL....

I do remember that there were a ton of other threads of the same or similiar situation, but I'm getting too old to remember the specifics. Maybe if I lived in California instead of here on the East Coast. LOL...
HH, TT.
---Mel

borninok

 

[Tom_in_CA]

Borninok and treasure tales, I looked over that link. Forgive me if I missed something, but what good would it have done if the fellow, in that link, had inquired at the police station ahead of time? If he'd asked (as you advocate) "Are there any restrictions regarding metal detecting at such & such park?", perhaps he'd have gotten a "no, there are no restrictions". Then he goes out and detects, and gets a ticket for DIGGING, not detecting?

I suppose to that you would say, that we should also inquire at each park: "Are there any restrictions on digging?" Now honestly, you tell me, do you think there is ANY park, ANYWHERE in the USA, that's going to tell you "Sure, go ahead, digging is not prohibited"? Or even if the word "digging" is not used, in a list of restrictions, you can bet there's something in every single city about "defacement" or "damage", and any of those can apply to digging, on the whim of an irate gardener or police man.

I suppose you could enter into a debate about digging vs probing vs popping, vs re-packing your hole so as to leave no trace, etc... Anyhow, the link does not apply, d/t his problem was with digging, not detecting.

But with that said, I don't doubt that there are examples, of someone getting a ticket or fine or something. Most of them are probably morons who couldn't take a warning, or guys night-sneaking sensitive historic monuments, etc... But yes, perhaps even a few for innocuous un-posted non sensitive sites, where no warning was exchanged first. The latter would be rare indeed.

 

[borninok]

Tom,

I guess I cannot overemphasize enough the whole point of the advice that I was providing.....and that was to contact the individuals in the link that I provided. You are not located in that specific region. You have not hunted in that region. But THEY have. So why is it that you continue to beat a dead horse about how free you are to MD? As I have said in previous posts to you, the freedom you have in your region to MD is far more relaxed than in other regions in the U.S. and for that I am happy for you. But, pls do not provide misinformation to other TNET members that could get them into trouble.

Regarding that suggested link of the individual getting ticketed......yes, it was for digging....however, if you would be so kind as to read the poster's opening words, he said that while they were MDng.

Also, Tom, pls note that earlier in this post (your reply #15), you said, "As for your assertion of potentially being "busted", can you cite me an instance of someone being busted for detecting in a non-posted, non-historical monument?"......I ask you to return and read the information posted in the following thread:

http://forum.treasurenet.com/index.php/topic,101187.0.html

The #2 reply to this thread was posted by you. The thread detailed how an individual in Texas was ticketed, fined, and his equipment was confiscated for MDng in a park in Harris County, TX.....no signs posted against MDng.

Therefore, I feel your challenge in your #15 of this thread has been met.

To Ray: Pls excuse the side circus. I feel if you check with the individuals listed in the link that I provided earlier, you are abiding by both sides of this "discussion". You are not asking "the authorities" (Tom's concern), yet you asking those who are knowledgeable of the region in which you wish to detect (TT's and my concern). Fair enough?
Thank you.
--Mel

borninok