$100 Citation and almost 10 cents!

SaginawIan

Hero Member
Jun 1, 2006
679
14
Detroit, Michigan
Detector(s) used
Fisher F75, Tesoro Tejon, Tesoro Mojave.
Must be a shortage of crime in that area. I'm used to hunting in areas where officers are too busy chasing drug dealers to pay attention to me. That's utterly ridiculous.
 

tpmrcp

Sr. Member
Dec 31, 2006
492
15
East Stroudsburg, PA
🏆 Honorable Mentions:
1
Detector(s) used
Garrett ACE 250
Primary Interest:
All Treasure Hunting
It happens, they want to pull that crap about no digging. Someone tried to give me grief about it a few days ago, and their dog was taking a dump in the park and they left it. Talk about priorities. So I took my digger, scooped it up and placed it on their windshield with a note that says I dont leave trash in the park, I clean and beautify it.
 

S

Scots Gaelic

Guest
beautiful!!

I am all for respect of property, but those "little *&%^ high and mighty (*&^'s" need to find a life and mind their own business!

My favorite answere the question "wat'cha do'in?" is - I am locating explosives, could you just step back a little to the left? ;D
 

romeo-1

Gold Member
Jul 29, 2005
9,854
7,056
Romeotopia
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Scots Gaelic said:
beautiful!!

I am all for respect of property, but those "little *&%^ high and mighty (*&^'s" need to find a life and mind their own business!

My favorite answere the question "wat'cha do'in?" is - I am locating explosives, could you just step back a little to the left? ;D

That's a little harsh. Try to show a little respect for the men and women in blue. Many are quick to rain damnation on the police for merely doing their jobs...they do not choose the laws that they are going to enforce...that's just part of living in a free and just society....
 

S

Scots Gaelic

Guest
True! it is not a generalist'ic view.

Though I invite you to live in 92841 So. Cal, ((and still have an optimistic view)).

I do not criticize law enforcement in general, just the particular officers that could better utilize their time!

My Father was a sheriff for 9 yrs, i was a deputy for two. So I feel, that i can talk.
 

Ant

Silver Member
Aug 6, 2006
3,389
554
Cali
Detector(s) used
Glold Bug 2 MineLab SE
Hi Tokomo.
http://forum.treasurenet.com/index.php/topic,78269.0.html

TreasureTales said:
An expensive lesson to learn. FYI: Don't even think about federal lands - illegally detecting, and recovery of items, on them can get you time in the pen.

Hi. I figured I’d post this thread by mgdigger and my response. As you can see that's not entirely true.

Quote BY: mgdigger
FYI. Got and Email from the US Forest Service on metal detecting in the Ntional Froest. Here is what they sent.

METAL DETECTING ON THE NATIONAL FORESTS

Metal detecting is a legitimate means of locating gold or other mineral specimens and can be an effective prospecting tool for locating larger mineral deposits. This activity can also be conducted as a recreational activity locating lost coins, jewelry or other incidental metallic items of little historical value. Prospecting using a metal detector can be conducted under the General Mining Laws and is covered under the Forest Service 36 CFR 228A locatable mineral regulations for lands open to mineral entry. Metal detecting for treasure trove or lost items such as coins and jewelry is managed as a non minerals-related recreation activity. It is Forest Service policy that the casual collection of rocks and mineral samples is allowed on the National Forests.

Metal detecting is a low surface impact activity that involves digging small holes rarely more than six inches deep. Normally, metal detecting does not require a notice of intent or written authorization since it only involves searching for and occasionally removing small rock samples or mineral specimens (36 CFR 228.4(a)).

Metal detectors may be used on public land in areas that do not contain or would not reasonably be expected to contain archaeological or historical resources. Normally, developed campgrounds, swimming beaches, and other developed recreation sites are open to recreational metal detecting unless there are archaeological or historical resources present. In such cases, forest supervisors are authorized to close the area to metal detecting and the closure would be posted at the site. Such closure notices are not always practical in undeveloped areas, and federal agencies have not identified every archaeological site on public lands. It is possible, therefore, that you may encounter such archaeological remains that have not yet been documented or an area that is not closed even though it does indeed contain such remains. Archaeological remains on public land are protected under law. If you were to discover such remains, you should leave them undisturbed and notify a FS office.

The purpose of the restrictions to metal detecting on public lands is to protect historical remains. The Code of Federal Regulations, (36 CFR 261.9) states, "The following are prohibited: (g) Digging in, excavating, disturbing, injuring, destroying, or in any way damaging any prehistoric, historic, or archaeological resources, structure, site, artifact, or property. (h) Removing any prehistoric, historic, or archaeological resources, structure, site, artifact, property." The Archaeological Resources Protection Act (ARPA, 16 U.S.C. 470cc:) also prohibits these activities, stating, "No person may excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage or otherwise alter or deface any archaeological resources located on public lands or Indian lands unless such activity is pursuant to a permit...” ARPA exempts the collection of coins for personal use if the coins are not in an archaeological context. In some cases, historically significant coins and other metallic artifacts may be part of an historical-period archaeological site, in which case they would be considered archaeological resources and are protected under law. These laws apply to all National Forest System land and do not vary from state to state.


Four forms of metal detector use are recognized.
1. Searching for treasure trove: Treasure trove is defined as money, gems, or precious metals in the form of coin, plate, or bullion that has been deliberately hidden with the intention of recovering it later. This activity requires a Special Use Permit under The Act of June 4, 1897 (16 U.S.C. 551). Forest Service Manual 2724.4 states “allow persons to search for buried treasure on National Forest System lands, but protect the rights of the public regarding ownership of or claims on any recovered property.”

2. Prospecting: Using a metal detector to locate gold or other mineral deposits is an allowed activity under the General Mining Laws and is subject to the 36 CFR 228A regulations. A Notice of Intent (36 CFR 228.4(a)) is normally not required for prospecting using a metal detector. A Notice of Intent (NOI) is required for any prospecting which might cause disturbance of surface resources. A plan of operation is required for any prospecting that will likely cause significant disturbance of surface resources. Normal metal detecting does not cause surface impacts that require either a NOI or a Plan of Operation. People who use metal detectors for prospecting should bear in mind that many of the mineralized lands within the National Forests and open to mineral entry have been “claimed” by others who have sole right to prospect and develop the mineral resources found on the mining claim. A search of County and Bureau of Land Management records should be made prior to prospecting to determine if an area has been claimed.
Normally, any gold found can be removed and kept. If the removal of the gold, rocks, or minerals might cause disturbance of surface resources, beyond digging a small shallow hole, a NOI may be required.
3. Searching for historic or prehistoric artifacts: Using a metal detector to locate archaeological or historical remains is subject to the Antiquities Act of 1906 and the Archeological Resources Protection Act of 1979 (ARPA) as amended and requires a special use permit. Such permits are granted for scientific research only, however, there are many ways to get involved with organized, scientific research. See below for ways to use metal detectors for this purpose under sanctioned public archaeology programs.
4. Recreational pursuits: The most common form of metal detector use is searching for lost coins, jewelry, and incidental metal items having no historical value. Such use is common in developed campgrounds, swimming areas, and picnic areas and requires no permit. However, one must assume personal responsibility to notice if the area may indeed contain archaeological or historical resources and if it does, cease metal detecting and notify a Forest Service office. Not doing so may result in prosecution under the Code of Federal Regulations or ARPA.

Metal detecting on the National Forests is recognized as a legitimate prospecting method under the General Mining Laws and also as a recreational activity for the casual collection of rocks and minerals. This policy does not permit the use of metal detectors in or around known or undiscovered cultural or historic sites in order to protect our valuable, non-renewable historical resources. However, recognizing the universal interest in archaeology and history and the vast public knowledge of such resources, the USDA Forest Service sponsors a public archaeology program through which metal detector enthusiasts and others can help. Passport In Time (PIT) is a national program inviting the public to work with agency archaeologists on historic preservation projects. We have done numerous projects through PIT in cooperation with metal detecting clubs and individuals. The cooperation has been beneficial for both the detectorists and agency’s archaeologists. Locating archaeological sites becomes a joint endeavor and we learn a great deal. If you would like more information on this program, call 1-800-281-9176 or visit www.passportintime.com.

Mike Doran (6-10-2004) Modified version originally written by Jill Osborn

http://forum.treasurenet.com/index.php/topic,76691.msg561316.html#msg561316
Link:

You posted a general rule, but each Forest Agency had different Rules. Some require a Notice of Intent to be filed for, prospecting, rock collecting or metal detecting.

Plus, coins are covered under the 1906 Antiquites Act, anything 50 year old or older must not be collected, right?

That letter won't mean much in the Los Angeles National Forest or the Tahoe National Forest, etc. The Government has given the power to regulate these activeits to the Head of the Forest in question. So if I where you, I would first check with Forest Headquarters for guidance, or stay out of sight. And keep the posted letter in your possession.
 

twister

Bronze Member
Mar 5, 2005
1,129
17
Springfield, MO
Primary Interest:
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BUmmer on the fines. I think he should have just told you to leaveor something like that. $100 is a little crazy.


HH Twister
 

watercolor

Silver Member
Feb 3, 2007
4,112
1,351
Arlington Heights, IL
Detector(s) used
V3i, MXT-All Pro and Equinox 800
Primary Interest:
All Treasure Hunting
It might be because it was the end of the month and he hadn't reached his citation quota yet. . . until he saw you out there. That does suck!

Take care,
watercolor
 

SHERMANVILLE ILLINOIS

Gold Member
May 22, 2005
7,205
60
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junkmetal said:
You should have told him that you both were try to find your wifes wedding ring (a family hairloom), that she losted eariler that day.
Its a scam I run often on people and cops and works great.




HH


??? >:(
 

AxeMan

Jr. Member
Mar 10, 2007
40
0
Lombard, IL
Detector(s) used
Bounty Hunter QD II
Naperville gave you a fine? Somehow I’m not surprised. I’m going to try sit here and not bash on towns or the people who live in them, but all I can say is “Typical” I don’t know for sure but Wheaton reminds me too of Naperville might want to check the before you dig there. Ah just so you know also you cannot hunt / dig in any Dupage County Forest Preserve and any Illinois State Park. (Read it in a thread under Legal Stuff on this board) I’m from Lombard (for those of you who don’t know I’m just a few towns east of Naperville) now I’m second guessing where I can hunt, and I got the wife saying I better find out where I can hunt before I go out again, cause she’s not going to come and bail me out (good don’t bail me out peace and quite for a while) somehow I can see my town pulling the same stunt too. I know ignorance is no excuse not to follow the law, but like where are these local Ordinance found? It’s not like to can just go on the towns web site and right there in big bold letters is say “NO METAL DECTECTING ALLOWED” No what you got to do is go down to the town hall and then they give you a book that looks like a copy of “War and Peace” and you got to sit down and read it. I have better things to do with my time, I do this hobby to relax and to enjoy the outside and I work a nine to five job, and I can only guess that most Villages office hours are open….that’s right nine to five. I think you got the Dirty end of the Poop Stick. So you can’t dig in a Naperville Park…… I guess I will not be taking my kids there to play because they love to play in the sandbox and if you can’t dig in the park I guess you can’t dig in the sandboxes right? What they going to give little Johnny a Citation for digging in the sandboxes? If you guys were hunting out the sandboxes at the time Barney Fife showed up what would have happened then? Sorry to rant vent here people and I have great praise for all of are Men and Women in blue, but this is in my opion is above and beyond the call of duty! Now go out and find that dog that’s not on a leash, and let’s all remember that little white tag that’s under your chair that says do not remove under penatly of law…….Don’t even think about it! When it come to our Metal Detecting Code of Ethics, I’m a Fife too so I only feel compelled to hand out this award.
 

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buscadero said:
I agree 100% with Scrounger re: Stupid Laws! I know the Cops here on the Net will say they didn't write the laws, they are only enforcing them, but fair is fair! Since Law Enforcement became a CASH COW, everyone is Fair Game! One can only hope to have Municipal Pay Raises on the Ballot, so we can Just Say No too!!!!!!

Joe
nice to see some think as i do.bad municipal laws can get passed so ez.so try to be aware.if u have a local paper try to keep informed on whats happening locally.but beware mostly its all decided ahead of time.also they can have a closed session anytime they want. basic rule of thumb is .if we cant make money off it,we will ban it.
 

OP
OP
T

Tokomo

Jr. Member
Feb 23, 2007
28
1
Los Angeles CA
Detector(s) used
Garrett Ace 250
I plan to call the park district first thing tomorrow and see what they say about me detecting on their land. I will also be writing a letter to the Mayor to ask him what he thinks about charging us $100 for cleaning up his park. I will see about stopping in on my lunch break to make a copy of the exact ordinance we got written up on 2.31(a) to see if there is any way around it. I still want to MD in Naperville, they have a rich history... I am willing to bet that a little leg work might get me permission.

PS: as soon as they say I can MD I will invite you all out to the same park and we will make a party of it! We will turn the whole place over!!! ;D JK
 

EDDE

Gold Member
Dec 7, 2004
7,129
65
Detector(s) used
Troy X5
Primary Interest:
All Treasure Hunting
kane county is a no dig zone also
except private property
dont waste your time in snob town
 

EDDE

Gold Member
Dec 7, 2004
7,129
65
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Troy X5
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Income Per capita: $35,551
Household: $112,258
Home value Mean: ${{{mhv}}}
Median: $329,000
do the math
 

AxeMan

Jr. Member
Mar 10, 2007
40
0
Lombard, IL
Detector(s) used
Bounty Hunter QD II
Your fine was $50 for distruction of public property. Pay the fine and move on, stop whining. Your certainly not the first to get a citation...and sure won't be the last.
[/quote]

Ok I don't know about you guys but $50 goes a long way in my house, if I broke the law and knew it I pay in a minute, but who would think that Towns would have laws against MD? Yes I guess they should have checked before going out ( I know I'm going to be check my town ASAP ) I guess I'm still a Newbie and I've been away too long and things have changed. At this point I would also try to get the charges dismissed, and then move on and not even press the issue of trying to hunt anymore regardless of the history of the town. And I still can't see how they can say it's distruction of public property, It's not they were doing "Donuts" in the park, ok that would be distruction. And if they were following "The MD Code" all holes dug are replaced. So now someone tell me regardless of the law being broke cann't fight that, where is the distruction? I still think the whole thing is BS!
 

Hangnail

Newbie
Feb 23, 2007
4
0
We didn't get charged with destruction of property at all. We MIGHT get charged for that if the sod we turned turns brown and doesn't regrow. We did follow the code fo MD'ing by filling our holes back in so you could hardly see where we dug. (besides asking the land owner, we pay taxes, figured we "owned" it) The 50 dollar citation was for digging alone. They must consider "turning sod" as digging.
 

SHERMANVILLE ILLINOIS

Gold Member
May 22, 2005
7,205
60
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SWR said:
Tokomo said:
I plan to call the park district first thing tomorrow and see what they say about me detecting on their land. I will also be writing a letter to the Mayor to ask him what he thinks about charging us $100 for cleaning up his park. I will see about stopping in on my lunch break to make a copy of the exact ordinance we got written up on 2.31(a) to see if there is any way around it. I still want to MD in Naperville, they have a rich history... I am willing to bet that a little leg work might get me permission.

PS: as soon as they say I can MD I will invite you all out to the same park and we will make a party of it! We will turn the whole place over!!! ;D JK

Your fine was $50 for distruction of public property. Pay the fine and move on, stop whining. Your certainly not the first to get a citation...and sure won't be the last.
 

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