Kicked out of my local park

[Faithryder]

The city cop, small town, drove by and I waved (I do know him). Came back fifteen minutes later and asked what I am doing, said he didn't recognize me. He said the city super told him "He better not be digging up my park." So I explain that I have been md'ing in this park for years (bought house in 2004, park is across street) and I fill my holes (he saw first hand as I filled the one up I was in the middle of digging, pull tab) and that I have taken more trash out of this park then the city super ever thought of, I pick up all the aluminum can slaw he leaves when mowing plus all the surface trash I come across. He informed me he would go talk to the city man. I politely said I would stay out until I hear otherwise, haven't seen him since (been a couple hours). There is no md'ing law in this town (pop. 400). I am afraid if I protest they will try and pass one...they are already wanting to pass an ordinance that if you have animals on your property that any city employee can come onto your property to inspect the animals to see if they are being taken care of. Wonder if I should just lay low until we can get these idiot council members and the esteemed mayor voted out of their pathetic attempts to run a small town. Just a little frustrated right now, thanks for letting me vent.

 

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[Red James Cash]

Wonder if I should just lay low until

If theres no law against it go back.You shouldnt have told the cop that you wouldnt go back,thats giving up your right to be there.

 

[firemac]

Good luck with it

 

[BigWaveDave]

Hunt the Shiite out of that park.

 

[BigWaveDave]

No really...get of Tnet right now and go...

 

[Red James Cash]

"He better not be digging up my park."

Heres the part that gets me.His park huh?You pay taxes,its your park

 

[kingskid1611]

I would go everyday and make sure to be seen. If they don't see destruction but that the park is cleaner then your time was well spent.

 

[Tom_in_CA]

.... I am afraid if I protest they will try and pass [law].......

Very wise observation. "Making a stink" (and "seeking clarifications"), often only back-fires to create MORE problems for you. Because let's be perfectly honest here: detecting *does* have ... uh .... "connotations" (that you might be about to leave a hole).

So I would agree with the others who've replied so far. Except to add: Don't be obnoxious and rub it in someone's (that cop, for example) face. Like a) Give it a little break for a week or two , and then b) choose lower traffic times so as not to have either of those 2 persons (city sup and the single cop) bump into you.

Yes I know that sounds like "sneaking around". Ok then SNEAK AROUND! Because we're in an odd-ball hobby, and you're not going to get every last person on earth to roll out red carpets for us. So, like nose-picking, sometimes you gotta pick discreet times so as not to offend certain sensitive folk.

 

[Faithryder]

I know the guy and will see him when I pick the kids up from school tomorrow. Let it sink in to him a bit, I know I am right and that I have a right to do what I want unless there is a law specifically forbidding it or even vaguely forbidding it. I still have to live here and my kids still have to grow up here. Small towns are...well, small towns, if you don't know what I am talking about you haven't lived in one. Thanks Tom in CA, it is an oddball hobby and it is acutely naive how some people perceive this hobby as destructive when so much trash has been removed, things saved (and returned to their owners) and that it is to some people a time to relax and reflect as the finds are just a bonus, albeit a very adrenaline causing bonus, that helps them get through life. Gives me time to get excited with my boys about something other than X-Box and we find weird bugs and hear strange birds. That's why I do what I do, it's a hobby, I don't plan on getting rich off of it, I just want to relax and enjoy life and teach my boys there is more than X-Box, that getting their hands dirty is fun, share a special find with them.

 

[Tom_in_CA]

..... unless there is a law specifically forbidding it or even vaguely forbidding it......

(emphasis mine)

I wouldn't want to "go there". TRUST ME: there *is* things that "vaguely forbid" it , in EVERY SINGLE city in the entire USA. So if that is our criteria for determining legal versus illegal, then we all might as well give up the hobby right now

They can invoke something like clauses that forbid "harvest and remove". Or can invoke "alter" or "deface" verbage. Yes it's true that you and I will leave no trace, but do you *really* think you're going to win that debate ? Heck, they can even invoke the "call 811 before you dig" public utilities mandate. But seriously, was that ever meant to apply to us ? OF COURSE NOT. But just saying, you don't even want to go there, if you can avoid a confrontation.

Yes I realize "small towns" have a different flavor from big towns. Big city cops have MUCH BIGGER fish to fry. And you will likely never run into the same one twice, ha.

 

[Sandman]

Oh you can metal detect, but you can't dig any holes, deface property, disturb the landscape.

 

[Trooper733]

I think Tom in CA has a valid point, be subtle and avoid a "stink". On another point I picked up in your post, I don't believe the ordinance, if passed, allowing city officials to come onto your property anytime to "inspect" said owners animals would hold up under challenge. No visible or obvious violations=no probable cause; (not even reasonable suspicion?). I think it would be a violation of a persons 4th amendment rights, and would require a search warrant, if the inspection could lead to fines or criminal charges. I see lots of room for abuse in that little ordinance. (I know this last part is off the topic of MDing in the park, hope you forgive me)

 

[Digger]

Yes be careful and don't do something you'll regret. If you challenge him you'll end up on the loosing end.

 

[jeff of pa]

wait a Minute !!!! He said the city super told him "He better not be digging up my park." ?
it's the City Supers Park Does he have a deed in his name ?

Most parks here are Public, for Public use & Recreation.


I'm afraid at this point Your at the Mercy of Your friend the Cop
and this City Super who "owns" it. because you said you would wait.

My words at the time would have Been I never "Dig Up" parks !
I just detect & remove the Trash mostly & when I'm lucky,
get a few cents for my trouble.

Seriously if he can use the words it's "My Park"
you should be able to use the words "I don't Dig up Parks"
are you using a Spade Shovel ? Back hoe ? leaving holes ? No !

 

[Loco-Digger]

I have experience somewhat the same thing in my town of 5000 people. What digging tool were you carrying? I find that a shovel will give a bad impression, but a lesche or that style tool will allow you to fly under the radar.

 

[jeff of pa]

I have experience somewhat the same thing in my town of 5000 people. What digging tool were you carrying? I find that a shovel will give a bad impression, but a lesche or that style tool will allow you to fly under the radar.

or narrow screw driver type device.

===========================

digging tool that says, leave me alone

 

[George (MN)]

Would you be willing to drive to a couple of the nearest towns to detect? Some of the tiny towns with about 100 people have a park that goes back to the 1880s when the town was started. Or if all those are distrusting of strangers, maybe go to a town with a few thousand people where you can sort of blend in with a crowd & city officials have better things to do than threaten the harmless. I guess Dodge C, Garden City, Liberal & Ulysses are the only towns in SW KS with several thousand people & multiple parks.

Does your town of 400 have a school & can you detect there, if you go weekends or after school? Do you think you'd ever dare ask a neighbor if you could detect their yard? I hope something works out for you short of having to move to a friendlier town. Is the park old & have you found any silver or wheats? I see you have a couple excellent detectors. Anything found in your yard? Hope you find some good places to detect. Best wishes.

 

[Tom_in_CA]

....the city super told him "He better not be digging up my park." ? it's the City Supers Park Does he have a deed in his name ?...

Well, yes and no. Of COURSE it's not that singular public official's park. However, they are duly appointed & tasked with maintaining and administering it, enforcing the laws, etc.... So I think you and I would be on the loosing end of the semantics battle of "his" versus "mine" versus "ours", etc.....

 

[Tom_in_CA]

....you should be able to use the words "I don't Dig up Parks"

Jeff, here's something to think about: It passes logical muster :

When it comes to the words "deface" and "alter", that we technically don't violate those if we haven't defacED or alterED anything. Right ? Because we will leave no trace, & the words logically infer their end result.

So with that said, what is the difference between deface and defacED ? One is "present tense" and the other is "past tense", is the only difference, right ? Ok, then if that makes sense, then think of it: What is the difference between "dig" and "dug" ? ONLY THE TENSE. One is present tense and the other is past tense (same as alter vs altered).

So I agree with you that even if the evil word "dig" appeared in city codes, I would not consider that to necessarily forbid md'ing. So long as we're not leaving holes. Yes I know it would be difficult to debate them on that. Hence I would avoid the debate in the first place by steering clear of those who might gripe.

 

[Tom_in_CA]

..... Or if all those are distrusting of strangers, maybe go to a town with a few thousand people where you can sort of blend in with a crowd & city officials have better things to do than threaten the harmless.....

I have never given much thought to this "big town" versus "small town" psychology. Perhaps I just haven't run into any of the mayberry RFD "community watch-dog-ism" mentality out here. But I'll tell ya what:

a) If I were travelling through those type states where little towns like you describe existed, and

b) if I spotted a cool 1800's park I wanted to detect, and

c) I feared some psychology of "small town" existed like that, then

d) I would just make matters simple and go at odd-ball times like sunrise on a Saturday before people are up, etc....

But that's just me, and I like turf-hunting old silver